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Home My WebLink AboutWPO201800073 Action Letter 2019-11-20COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY VALLEY REGIONAL OFFICE Matthew J. Strickler P.O. Box 3000, Harrisonburg, Virginia 22801 David K. Paylor Secretary of Natural Resources (540) 574-7800 Fax (540) 574-7878 Director Physical Address: 4411 Early Road, Harrisonburg, VA Amy Thatcher Owens www.deq.virginia.gov Regional Director Contour Construction LLC c/o Mr. Mark Hutchison 1713 2B Allied Street Charlottesville, VA 22903 University of Virginia Foundation c/o Mr. Todd Marshall PO Box 400218 Charlottesville, VA 22904 November 19, 2019 NOTICE OF VIOLATION Re: NOV No. 1911-001234 Lewis and Clark Drive Extension, Albemarle County, Virginia CGP Permit No. VAR10N115, VWP Permit No. WP3-18-2016 Dear Mr. Hutchison and Mr. Marshall: This letter notifies you of information upon which the Department of Environmental Quality (DEQ) may rely in order to institute an administrative or judicial enforcement action. Based on this information, DEQ has reason to believe that Contour Construction LLC (Contour) and University of Virginia Foundation (UVAF) may be in violation of the State Water Control Law, Regulations, the General VPDES Permit for Discharges of Stormwater from Construction Activities (SW Permit) No. VAR10N115, and Virginia Water Protection Program Permit No. WP3-18-2016 (VWP Permit) at the project known as Lewis and Clark Drive Extension in Albemarle County, Virginia (Site). This letter addresses conditions at the Property, and also cites compliance requirements of the State Water Control Law and Regulations. Pursuant to Va. Code § 62.1-44.15(8a), this letter is not a case decision under the Virginia Administrative Process Act (APA), Va. Code § 2.2-4000 et seq. DEQ requests that you respond within 10 days of the date of this letter to arrange a meeting. NOV No. 1911-001234 Contour Construction LLC and WA Foundation, Inc. CGP Permit No. VAR 10L442 VWP Permit No. WP3-19-2016 OBSERVATIONS AND LEGAL REQUIREMENTS Contour is subject to the SW Permit at the Site, issued on September 16, 2019 with an expiration date of June 30, 2024. UVAF is subject to the VWP Permit, issued on April 1, 2019 with an expiration date of August 1, 2026, On November 1, 2019, DEQ stormwater staff conducted a construction stormwater inspection at the Site; following the observations from that inspection, DEQ Virginia Water Protection program staff visited the Site on November 5, 2019 and observed the following: 1. Observations: During the November 1, 2019 inspection, report enclosed, a copy of the notice of coverage letter was not observed near the main entrance of the construction activity. Additionally, the notice of the Stormwater Pollution Prevention Plan's (SWPPP) location was not posted near the main entrance of the Site. Legal Requirements: SW Permit Part H.D states in part: "Upon commencement of land disturbance, the operator shall post conspicuously a copy of the notice of coverage letter near the main entrance of the construction activity. For linear projects, the operator shall post the notice of coverage letter at a publicly accessible location near an active part of the construction project ..." 9 VAC 25-870-54.G states in part: "The SWPPP must be maintained at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site." 2. Observation: During the November 1, 2019 inspection, DEQ staff observed that the signed coverage letter was not located in the SWPPP. Lejeal Requirement: SW Permit Part II.B.1.b states that: "The SWPPP shall include the following items:... Upon receipt, a copy of the notice of coverage under the general VPDES permit for discharges of stormwater from construction activities (i.e., notice of coverage letter)..." 3. O-ervations: During the November 1, 2019 inspection, DEQ staff observed sediment accumulation in a stormwater inlet at Culvert 3. Le-eal Requirement. 9 VAC 25-840-40(10) states that: "All storm sewer inlets that are made operable during construction shall be protected so that sediment -laden water cannot enter the conveyance system without first being filtered or otherwise treated to remove sediment." 4. Observations: During the November 1, 2019 inspection, DEQ staff observed a breached berm, overwhelnned silt fence, and silt fence that had not been entrenched at the Site. Legal Requirements: SW Permit Part II.F.1 states in part that: "All control measures shall be properly maintained in effective operating condition in accordance with good engineering practices and, where applicable, manufacturer specifications..." 9 VAC 25-840-60.A states in part that: "All erosion and sediment control structures and systems shall be maintained, inspected and repaired as needed to insure continued performance of their intended function..." NOV No. 1911-001234 Contour Construction LLC and UVA Foundation, Inc. CGP Permit No, VAR10L442 VWP Permit No. WP3-19-2016 5. Observation: On November 1, 2019, DEQ staff observed chemical containers comingled with stormwater. Legal Requirement: SW Permit Part II.B.4.e.2 states that: "Describe the pollution prevention practices and procedures that will be implemented to:... (2) Prevent the discharge of spilled and leaked fuels and chemicals from vehicle fueling and maintenance activities (e.g., providing secondary containment such as spill berms, decks, spill containment pallets, providing cover where appropriate, and having spill kits readily available)." 6. Observation: On November 1, 2019, DEQ staff observed that the qualified person performing inspections has not been delegated authority to perform inspections. Le al Requirement: SW Permit Part II.B.9 states that: "The SWPPP shall include the following items: Delegation of authority. The individuals or positions with delegated authority, in accordance with Part IIIX, to sign inspection reports or modify the SWPPP." 7 Observations: On November 1, 2019, DEQ staff observed that the dates of major grading activities, stabilization measures initiated, and dates of any prohibited discharges were not included in the SWWPPP. Leval Requirements: SW Permit Part II.C.4. states in part that: "The operator shall update the SWPPP as soon as possible but no later than seven days following any modification to its implementation. All modifications or updates to the SWPPP shall be noted and shall include the following items: A record of dates when: major grading activities occur ... stabilization measures are initiated... the date of any prohibited discharges, the discharge volume released, and what actions were taken to minimize the impact of the release..." 8. Observations: On November 1, 2019 and November 5, 2019, DEQ staff observed several locations where sediment was discharged from the Site. Measurable sedimentation was observed in multiple streams and a wetland at the Site. DEQ does not have a record of notification from Contour or UVAF with regards to the sediment discharge from the Site to state waters. Measureable sediment was observed in approximately 0.11 acre of wetland and <100 linear feet of stream channel. Legal Requirements: 9 VAC 25-210-50.A states that: "Except in compliance with a VWP permit, unless the activity is otherwise exempted or excluded, no person shall ... fill or discharge any pollutant into, or adjacent to surface waters,... otherwise alter the physical, chemical or biological properties of surface waters and make them detrimental to the public health, or to animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses...." Va. Code § 62.1-44.15:20.A states that: "Except in compliance with an individual or general Virginia Water Protection Permit issued in accordance with this article, it shall be unlawful to:... [allter the physical, chemical, or biological properties of state waters and make them detrimental to the public health, animal or aquatic life, or to the uses of such waters for domestic or industrial consumption, or for recreation, or for other uses unless authorized by a certificate issued by the Board." Va. Code § 62.1-44.5 requires that: "Any person in violation of the provisions of subsection A who discharges or causes or allows (i) a discharge of sewage, industrial waste, other NOV No. 1911-001234 Contour Construction LLC and UVA Foundation, Inc. CGP Permit No. VAR10L442 VWP Permit No. WP3-19-2016 wastes or any noxious or deleterious substance into or upon state waters or (ii) a discharge that may reasonably be expected to enter state waters shall, upon learning of the discharge, promptly notify, but in no case later than 24 hours the Board, the Director of the Department of Environmental Quality, or the coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision reasonably expected to be affected by the discharge. Written notice to the Director of the Department of Environmental Quality shall follow initial notice..." VWP Permit Part II.B.1 states that "The activities authorized by this VWP general permit shall be executed in a manner so as to minimize adverse impacts on instream beneficial uses as defined in § 62.1-10 (b) of the Code of Virginia." VWP Permit Part II.B.5 states that "Erosion and sedimentation controls shall be designed in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. These controls shall be placed prior to clearing and grading and maintained in good working order to minimize impacts to state waters." ENFORCEMENT AUTHORITY Va. Code § 62.144.23 of the State Water Control Law provides for an injunction for any violation of the State Water Control Law, any State Water Control Board rule or regulation, an order, permit condition, standard, or any certificate requirement or provision. Va. Code §§ 62.1-44.15 and 62.1- 44.32 provide for a civil penalty up to $32,500 per day of each violation of the same. In addition, Va. Code § 62.1 -44.15 authorizes the State Water Control Board to issue orders to any person to comply with the State Water Control Law and regulations, including the imposition of a civil penalty for violations of up to $100,000, Also, Va. Code § 10.1-1186 authorizes the Director of DEQ to issue special orders to any person to comply with the State Water Control Law and regulations. Va. Code §§ 62.1-44.32 (b) and 62.144.32 (c) provide for other additional penalties. FUTURE ACTIONS DEQ staff wishes to discuss all aspects of their observations with you, including any actions needed to ensure compliance with state law and regulations, any relevant or related measures you plan to take or have taken, and a schedule, as needed, for finther activities. In addition, please advise DEQ if you dispute any of the observations recited herein or if there is other information of which DEQ should be aware. In order to avoid adversarial enforcement proceedings, Contour and UVAF may be asked to enter into a Consent Order with the Department to formalize a plan and schedule of corrective action, and to settle any outstanding issues regarding this matter, including the assessment of civil charges. In the event that discussions with staff do not lead to a satisfactory conclusion concerning the contents of this letter, you may elect to participate in DEQ's Process for Early Dispute Resolution. Also, if informal discussions do not lead to a satisfactory conclusion, you may request in writing that DEQ take all necessary steps to issue a final decision or fact finding under the Administrative Procedure Act on whether or not a violation has occurred. For finther information on the Process for Early Dispute Resolution, please see Agency Policy Statement No. 8-2005 posted on the Department's website under "Programs," "Enforcement," and "Laws, Regulations, & Guidance" NOV No. 1911-001234 Contour Construction LLC and WA Foundation, Inc. CGP Permit No. VARIOL442 VWP Permit No. WP3-19-2016 (httpllwww.deg.virgiWa.gov/Programs/Enforcement/Laws.Regulations.Guidance.aspx) or ask the DEQ contact listed below. Please contact Eric Millard at 540-574-7813 or eric.millardAdeg.vir ig nia.gov within 10 days to discuss this matter and arrange a meeting. Sincerely, B. Keith Fowler Deputy Regional Director, Valley Cc: DEQ: D. Staton, T. Severs, G. Flory, E. Millard, M. Stafford, K. Fowler, A. Owens USAGE: Vincent Pero, Vincent.d.uero a,usace.azmy.mil Albemarle County: F. Pohl, fi2ohl&albemarle.org Enclosures: Construction Stormwater Inspection Report, VWP Inspection Report ontact: ustin 5taton alley Regional Office 40-209-3736 ustin.staton@deq.vlrglnla.gov " r- - __ fw V01(4v, DEPUM-0-A r t q• Emmium.,&.%Ku 1P'UnN CONSTRUCTION GENERAL PERMIT SITE INSPECTION REPORT - LEVEL 1 (FOCUSED) Project Name: Lewis and Clark Road Extension Permit Number: VAR10N115 Project Address: 4211 Lewis and Clark Dr. County/City: Albemarle 1 Charlottesville Project Operator: Contour Construction Operator Telephone: 434-9814988 Project Contact: Mr. Mark Hutchison Contact Telephone: 434-981-4988 Contact E-Mail: contourmark aol.com Quallified Personnel (QP): NIA Inspector: Mr. Dustin Staton Weather (Wet/Dry/Rain): Wet, sunny Total Dist. Acres Permitted: 14.65 Est. Dist. Acres (At time of inspection): 10 Inspection Date & Time: November 1, 2019 Linear Project: ❑ Yes ® No Annual Stands. & Specs: ❑Yes ® No VSMP Authority: ®Locality ❑ DEQ Stage of Construction: ® Initial Clearing & Grading ® Rough Grading ❑ Construction of SWM Facilities ❑ Final Stabilization ❑ Building Construction ❑ Notice of Termination ❑ Final Grading ❑ Other: Nature of Project: ❑ Public ® Private ❑ State ❑ Federal ❑ Other: Re -Inspection. [] Yes ®No COVERAGE & POSTING REQUIREMENTS Yes No N/A Reviewed during re -inspection? []Yes []No Comments/Descrlpolon Construction site has permit coverage? (Va. Code §62.1- 44.15:34.A) ✓ 9 (9VAC25-870-310) A copy of the notice of coverage letter is posted conspicuously near the ✓ copy of the coverage letter was not found near the rntrance. See Fig. 2 2main entrance of the construction activity? (CGP Part II.D) Notice of the location of the SWPPP is posted near the site's entrance, if The location of the SWPPP was not evident from the 3 applicable, and information for public access is provided? (9VAC25-870- entrance off of Lewis and Clark Rd. 54.G)(CGP Part II E.2 & 3) SWPPP AVAILABILITY AND CONTENTS Yes No JIVIA Reviewed during re -inspection? ❑Yes []No Comments0esc,1ptPon The SWPPP is on -site or made available during the inspection? (CGP ✓ 4 Part II E.1 & 2)(9VAC25-870-54.G) The SWPPP contains a signed copy of the registration statement? ✓ 5 (CGP Part II B.11.a) The SWPPP includes, upon receipt, a copy of the notice of coverage ✓ A copy of the coverage letter was not in the SWPPP. See Fig.1 6 letter and the CGP? (CGP Part 11 B.1.b & c) Qualified Personnel have not been delegated The SWPPP contains the name, phone number and qualifications of authority in accordance with CGP Part II B.9 See Fig. 7 "Qualified Personnel" conducting inspections? (CGP Part 11 B.8) 13 The SWPPP contains an approved erosion and sediment control plan? ✓ Plans were not stamped approved. 8(9VAC25-870-54.B)(CGP Part II.13.2) The SWPPP contains an approved stormwater management plan or an ✓Plans were not stamped approved. 9 existing construction site has a stormwater management plan? (9VAC25- 870-54.C)(CGP Part II.B.3) Technical Criteria 11.13 ® II.0 ❑ The SWPPP contains a pollution prevention plan? (9VAC25-870- ✓ 10 54.D)(CGP Part II.B.4) Rev. 6/2019 Page 1 of 7 ontact: ustin Staton alley Regional office P. 40-209-3736 ustin.staton@deq.virginia.gov , aK rw r�r. r txQ E+tiur .cru q.Aull ESC AND SWM CONTROL MEASURES Yes No JAMA Reviewed during re -inspection? []Yes []No Comments/Description ediment trapping measures are installed as a first step in the land 11 ✓ isturbing activity? (9VAC25-840-40.4) tabilization applied and/or established in accordance with CGP and ESC ✓ 12 inimum Standards? (9VAC25-840-40(1,2,3,5,7, and 15)) (9VAC25-880- 0) (CGP Part I F.1(a)) (CGP Part li B.2.c.8) (CGP Part 11 B.5.b.1) 13 perable storm sewer inlets are protected from sediment laden water? ✓ Sediment has accumulated in culvert 3. See Fig. 3 9VAC25-840-40.10) perational stormwater conveyance channels or pipes have adequate 14 ✓ utlet protection and channel lining? (9VAC25-840-40.11) 15 ransport of sediment onto paved surfaces is minimized? (9VAC25-840- ✓ 0.17) e all control measures properly maintained in effective operating Controls have failed, or are not installed per 16 ndition in accordance with good engineering practices and, where Manufacturer specifications. see Figs, 5, 6, 8 pplicable, manufacturer specifications? (CGP Part II F.1) (9VAC25-840- O.A) or Notice of Termination, permanent SWM control measures included in 17 ✓ he SWPPP are in place? (9VAC25-880-60) (CGP Part I FA(a)) POLLUTION PREVENTION PRACTICES Yes No WA Reviewed during re -inspection? []Yes❑No CommentsJDescriptlon Have discharges of spilled and leaked fuels and chemicals from vehicle ✓ pen DEF containers comingled with stormwater. See 18 fueling and maintenance activities been prevented, if applicable? (CGP Fig. 4 Part II BA (e)(2)) Have discharges of soaps, solvents, detergents, and washwater from 19 construction materials, including the clean-up of stucco, paint, form release ✓ oils, and curing compounds been prevented, if applicable? (CGP Part II BA(e)(3)) Is concrete wastewater directed into a leak -proof container or leak -proof 20 ✓ settling basin? (CGP Part II BA(e)(5)) Request for Corrective Action attached: SITE EVALUATION AND AGENCY RECOMMENDATION Yes No N/A ® Yes[]No CommenWDescripgon Sediment has been discharged into streams and '� Are measures in place that have prevented or minimized actual or potential tlands. See Fig. 7, 9-12 21 impacts occurring at the site or along the perimeter and at outfall locations? VA DEQ's Risk Based Inspection Strategy has been satisfied. No local ✓Referred to Locality: ❑ Yes ❑ No 22 VSMP Authority or comprehensive DEQ re -Inspection is required at this time. Site inspection results are such that immediate or subsequent ✓ 23 recommendation for issuance of a Warning Letter or Notice of Violation is NOT required. e advised that this inspection is focused on portions of the applicable statutory and regulatory requirements only. The purpose of the inspection is to assess he general condition and compliance level of the construction site and to evaluate the need for a more comprehensive Inspection by DEQ or the local VSMP, s applicable, or the presence of actual or potential adverse impacts. The inspector's report is limited to the day, time, and specified statutory and regulatory quirements identified in the Report and Request for Corrective Action, if attached. Although some statutory or regulatory components may not be covered by his inspection report your responsibilities as the owner/operator are to comply with all applicable statutory and regulatory requirements. ispector Signature: D"kl&L� Date: November 5. 2019 Rev. 6/2019 Page 2 of 7 Contact: Dustin 5taton Valley Regional Office 540-209-3736 Dustin.staton@deq.virginia.gov �nn,jvi � Utr^arEs4 � r � x� r.ti HIANI-.\ 1.%1. u11 CONSTRUCTION GENERAL PERMIT SITE INSPECTION REPORT REQUEST FOR CORRECTIVE ACTION Project Name: Lewis and Clark Road Extension Permit Number: VAR1 ON115 Date: November 5, 2019 Regula Regulatory Checklist Citation/Legaltory Occurrence ObservationfRecommended Corrective Action Requirement' Observation: A copy of the coverage letter was not posted near the entrance of the site. The location of the SWPPP was not posted at the entrance off of Lewis and Clark Rd. CGP Part II.D, 2 & 3 CGP Part II E. 3 First Recommended Corrective Action: A copy of the coverage letter, and the location of the SWPPP along with contact information for viewing the SWPPP should be posted at each entrance of the site. Observation: A copy of the coverage letter was not included in the SWPPP. B CGP Part Il B.1.b First Recommended Corrective Action: Include the coverage letter in the SWPPP in section 2. Observation: Culvert 3 is not adequately protected from sediment laden water, sediment has 13 & 16 9VAC25-840-40.10, First accumulated in the culvert. CGP Part 11 F.1 Recommended Corrective Action: Install adequate culvert inlet protection at culvert 3. Observation: Open DEF containers floating in the secondary containment area for the fuel tank. 18 CGP Part II BA (e)(2) First Recommended Corrective Action: Dispose of potential pollutants in such a manner that they do not become a potential source of pollution. Observation: Sediment has accumulated in streams and wetlands, the impacts appear to be less than 300 linear foot of stream and less than 0.10 acres of wetlands. Slit fence has been overwhelmed and is not entrenched, diversion dikes are not installed where shown on the plan. A critical berm has not been constructed to convey off -site runoff to culvert 3, temporary controls are 21 9VAC25-840-40.19 First not installed at stream crossings to prevent sediment from impacting waterways. Recommended Corrective Action: Install clean water diversion/berm that directs off -site water into culvert 3. Install diversions per the approved plan. Install temporary controls to prevent sediment from impacted stream crossings. Entrench silt fence per the approved plan. DEQ should be notified of any impacts to streams or wetlands. Observation: The qualified person performing inspections has not been delegated authority to perform inspections. CGP Part II B.9 First Recommended Corrective Action: Mr. Hutchison needs to delegate authority to Wetland Studies and Solutions, as they are performing site inspections, Authority can be delegated to multiple people or different responsibilities. Observation: The dates of major grading activities, stabilization measures initiated, dates of any CGP Part II CA First prohibited discharge were not included in the SWPPP. Recommended Corrective Action: Include a record of dates required by the Construction General Permit. CGP Recommended Corrective Action Deadline: November 14, 2019 Tara eted Re -Ins pection Date: Per VSMP Authority The recommended corrective action deadline date applies to all conditions noted on this report unless otherwise noted. If listed condition(s) currently constitute non-compliance and/or corrective actions are not completed by the deadline, other enforcement actions may be issued to the entity responsible for ensuring compliance on the above project. Inspector Signature: fit. sib Date: November 5. 2019 1 Refers to applicable regulation found in the most recent publication of the State Water Control Law (Va. Code § 62.1- 4.2 et seq.), Virginia Erosion and Sediment Control Regulations (9VAC25-840), the Virginia Stonnwater Management Program (VSMP) Regulations (9VAC25-870), or the General VPDES Permit for Discharges of Sto►mwater from Construction Activities (9VAC25-880). Rev. 612019 Page 3 of 7 Cornact: olustin stattiq Valley Itteglortal Office 540-209-V36 Omflo st&(tmLVdeq,Yirglni;h igm 11WE- -%r A FTW M% NEPUCNIL. CONSTRUCTION GENERAL PERMIT SITE INSPECTION PHOTO LOG Project Name. Lewis and Clark Road Extension Permit Number: VARION1 15 Fig. 1 Pig- 2 Dpescrpt;orl' Sectfon of SWPPP where coverage letter should DeSUlptinri: E tom- posted. Fig Sediment has accumulated in culvert. Dates: Novarnbor 5, 2019 SC Permit posted. CGP coverage letter riot V 2A . ........ R04,153.9880 Fig. 4 Descriptio-v DEF contamers tbabnq in secondary fuel containment. Re--, 612019 Page 4 of 7 into wetland area. Fig. C Descaption: Breached bean above watland. ' MW.9. . "� , .- r P. r f c� o, i{' Fig. 8 Description: Berm has not been created In this ,area to convey off -site runoff. Silt fence is not entrenched. Rev. 612019 Page 5 of 7 3e"� "�_ � Jam- " '��. .a'�ek• s+ 415 �� a i • a a s,a • a MW RAI Ems,i; 4 s '• r a •a zo r r p " ., r spa t�� .i: .+ _ �"f_T _ .'p 1 a' •_ 50 � �'t..�r. � �f Y�, �d?,�r+�w Jr -per �� ";�4-`,lam �'+.�"- • g�''�•yt �y�`i _ i TM{ r,'. �, =".ram ��. � a . j_ � :!�w +e +P� f i � � �I .+ •� ! • , �Aj ,�, ti} i�.�. Fig. 13 Description: Delegation of authority form. '6_"r tlw 10. r"tNv ! 1�tl M1 q.. ;'L_ n Aa,-]a n{v., rn•^r.0 d ,fir_ 34 _+ Nr•t"•r'.r - n ��rf a;n Y I.r ' ' +,�Nr ..>,,.y..^t.t.y:ar,,.y; .�.nr Nr:r'+•r �r n;. _-.. Fir c' .� �<• j,yx• y�>^ sk;ti?:y IIVA} snp} p pp I� Awl Fig. 15 Description: Items not installed per the approve plan. +�4rj x 3 t' T- �,a f �� .fir• rC1I hflgria��ph�.oy �� F�:pkt al�lrrrgrl - Fig. 14 Description Inspection report signed by Bobby Allen. Ij- ;•y :L. l-. .r , .;;sea. , 5„ -: . -d .i _.. �� i tR _ ! .:;'.Wrt1Mm.r4t�8Y BOCfi.: v i:•.' i �ji��_ Irj Fig, 1 Gescriptlo-n: VW P inspection 10/31/19 stating no unauthorized im acts have crcurred. Rev. 612019 Page 7 of 7 Vlw a'a% 1A-'W.t)E . :,r~r till VWP INSPECTION CHECKLIST — SHORT FORM Project Name VWP Permit # Inspection Date Lewis and Clark Drive Extension WP3-18-2016 11/5/2019 Inspector Name Phone # & Email Address Eric Millard 540-574-7813; cric.millard@deq.virginia.gov Address or lat/long (if no permit no.) Others Present During Inspection Lewis and Clark Drive (Albemarle County) none Project Phase: Reason for Inspection: ❑Pre -Construction ❑Compliance — Construction / Impacts N Ongoing Construction ®Complaint ❑Final Stabilization ❑Compensation ❑ Complete ❑ Enforcement Follow -Up ❑ Other In Coml diance? PERMIT 1 REGULATORY REQUIREMENT 't b z o o Location, Description and Other Notes a d Surface water impacts are limited to the size and locations specified by the permit. No sedimentation impacts and no impacts to upland D/s of IA 3; Intermittently at ❑ ® ❑ ❑ reservation areas have occurred. IA 1I2/5 and 4 Within 50 feet of authorized activities, all remaining surface waters and mitigation (preservation) areas that are inside the project area N ❑ ❑ ❑ are clearly flagged or marked to prevent un ermitted impacts. Authorized temporary impact areas have been restored to original contours, stabilized, and planted or seeded with original wetland ❑ 0 N ❑ vegetation type within 30 days of completing work in each area. E&S controls consistent with the VAESC Handbook are present and maintained in good workin order. ❑ N ❑ ❑ Exposed slopes/stream banks have been stabilized immediately upon completion of work in each impact area, in accordance with the ESC ❑ ❑ N ❑ Handbook. Heavy equipment is placed on mats/ geotextile fabric when working in temporary wetland impact areas. Equipment and materials ❑ ❑ N ❑ removed immediately upon completion of work. Construction activities are not substantially disrupting the movement of aquatic life. ❑ ❑ N ❑ New instream pipes and culverts on <5% slope have been installed to maintain low flow conditions and are countersunk at both ends as follows: < 24" diameter: countersunk 3" ❑ ❑ N EJ > 24" diameter: countersunk 6" or more. Any variations were approved in advance by DE . Time -of -year restrictions are being adhered to. ® ❑ ❑ ❑ For stream channelization or relocation, work in surface waters is being performed in the dry, with all flows diverted until the new ❑ ❑ N ❑ channel is stabilized. Water quality monitoring is being conducted during permanent ❑ stream relocations. ❑ N ❑ Streams and wetlands are free from any sheen or discoloration that ® ❑ ❑ ❑ may indicate a spill of oil, lubricants concrete or other pollutants. VWP Inspection Report Date: 11/5119 Page 2 of 7 DEQ-VWP staff performed a compliance inspection of the Lewis and Clark Drive Extension project on November 11, 2019 to assess compliance with VWP laws and regulations in response to a notification of sediment discharge to unnamed tributaries of Flat Branch. On November 1, 2019, DEQ Stormwater staff conducted a site inspection of the project and noted impacts to streams and wetlands. The project is covered under Stormwater Construction General Permit No. VAR ION115 issued to Contour Construction and VWP Permit No. WP3-18-2016 issued to University of Virginia Foundation (UVAF). DEQ staff observed recent tree clearing activity adjacent to Impact Areas (IA) 1/2/5 and 4. Erosion and sediment controls (ESC) were not observed adjacent to the streams at IA 1/2/5 and 4. Measureable sediment from the Site was observed intermittently in the stream channel within the road project LOD at IA 1/2/5 and 4. A temporary span crossing of the stream was observed at IA 4. Sediment was observed on top of the span crossing and in the stream channel below. The access road was not stabilized and the potential for additional impacts due to lack of ESC was high given the steep slope down to the stream channel. Measureable sediment was observed at the inlet to the impoundment below IA 4. DEQ staff observed construction activity at Impact Area 3. A sediment trap was observed discharging to the ground and flowing through silt fence before discharging at the outlet of the culvert. A hole was observed in the silt fence discharging water. Sediment was observed in the outlet protection of the culvert, as well as downstream in the avoided wetland area. Estimated impacts to the wetland are approximately 0.11 acre. Water was observed discharging into the construction area from the avoided wetland area southeast of IA 3. Sediment was observed at the inlet pipe to the culvert. Compliance Deliverables Compensation p Reporting On -Site Monthly Inspections Pre -Construction Completed Completed Photos On -site ® Yes Preconstruction Notice Received: ❑ Yes ❑ yes ❑ No ® Yes ❑ No ❑ Not Applicable ❑ Not Assessed I ❑ No ❑ No ❑ Not Applicable Construction Status Updates Received: ❑ Not Applicable ❑ Not Applicable ❑ Not Assessed ® Yes ❑ No ❑ Not Applicable ❑ Not Assessed ® Not Assessed ® Not Assessed Recommended Corrective Actions The observed sediment layer in the avoided wetland area below IA 3 was less than 1 inch in depth. No corrective actions are recommended to prevent additional impact to the wetland system. ESC measures around IA 3 require maintenance and DEQ-VWP will refer to the corrective actions noted in the 11/1/2019 Construction SW inspection. DEQ-VWP also recommends installation of ESC parallel to the stream channels at IA 1/2/5 and 4 to prevent additional sediment from entering the stream channels. Rev. 5-15-2019 VWP Inspection Report Date: 11/5/I9 Page 3 of 7 Rev. 5- I 5-2019 VWP Inspection Report Date: 11/5/19 Page 4 of 7 **Photo 1 Land clearing activity adjacent to iA 4. No ESC **Photo 2 Land clearing activity adjacent to IA 4 -- looking observed. upstream. No ESC observed. Orientation N Orientation W Date 11/5/19 Date 11/5/19 Rev. 5-15-2019 V WP Inspection Report Date: 11 /5/19 Page 5 of 7 P� • 1�, F'1« "�*r _ ti - ice^-.-�'+s'� 1 - ## Photo 7 Land clearing activity adjacent to IA 4. No ## Photo $ Impoundment downstream of IA 4 — ESC observed. Measureable sediment measureable sediment at inlet to observed in channel. impoundment. Orientation NW Orientation N Date 11/5/19 Date 1 i/l/l9 — D. Staton Rev. 5-15-2019 VWP Inspection Report Date: 11/5/19 Page 6 of 7 Ilk • + - irXi � ,mow ,y � � * '�. • 9 **Photo 9 Measureable sediment observed in wetland "Photo 10 Measureable sediment observed in wetland downstream of 1A 3. downstream of IA 3. Orientation S Orientation W Date 11/5/19 Date 11/5/19 1- r d • r R VIC Y Y: ** Photo' 12 1 t Nedtmen trap discharges to ground leading **Photo_ 11 Culvert outlet at 3 — Cu ve ou IA sediment observed in outlet protection; eroded area between culvert and silt to silt fence. Hole in silt fence discharging fence. water. Orientation SE Orientation SE Date 11/5/19 Date 11/5/19 Rev. 5-15-2019 VWP Inspection Report Date: 11/5119 Page 7 of 7 Rev. 5-15-2019