HomeMy WebLinkAboutDWQ-2024-008655
Tom Brewer
Project Manager
Kastle Rock Excavation
244 S Weber Drive
South Weber, UT. 84405
Subject:Construction Storm Water Inspection at Spendlove Plumbing WarehouseUPDES Permit UTRC09993, located in Mountain Green, UT.
Dear Tom Brewer,
On December 2nd, 2024, Dylan Franzkefrom the Utah Division of Water Quality (DWQ) performed a compliance evaluation inspection on the subject site. DWQ performs inspections of sites
which disturb greater than an acre, or less than an acre if part of a larger common plan of development to assess compliance with Construction Storm Water Permits.
Based on a review of the permit database and the inspection, the DWQ inspector observed the following:
The site operator had not obtained permit coverage under the Utah Construction General Permit (CGP) (Utah Administrative Code R317-8-3.9(1)(a)2., (6)(c), (d)10., and (6)(e)l.).Instructions
were provided to the operator on December 2nd to prepare a Storm Water Pollution Prevention Plan (SWPPP),and submit a Notice of Intent (NOI) for permit coverage via the NeT Online Permits
Database.
The following violations of the Utah Construction General Permit (CGP) were identified during the inspection:
A notice of permit coverage was not posted in a conspicuous, safe, publicly accessible place near the entrance to the project (CGP Part 1.5).
Action Required:Post a sign in a conspicuous, safe, publicly accessible place near the entrance to the project. Ensure the font on the sign is large enough for normal corrected
vision to easily read the sign contents from a public right-of-way. At a minimum, the sign needs to contain the UPDES tracking number and the operator information. Photo Reference:1
Acopy of the SWPPP was not available on-site or at an easily accessible location, and the SWPPP stored electronically was not immediately accessible to on-site personnel or inspectors
(CGP Part 7.4.1).
Action Required: Ensure that a copy of the SWPPP is kept on-site or at an easily accessible location so that it can be made available during an on-site inspection or upon request by
DWQ. If an on-site location is unavailable when no personnel are present, post notice of the SWPPP’s location near the main entrance of the construction site. If the SWPPP is stored
electronically, ensure it is accessible to on-site personnel and can be made immediately accessible to the inspector during an inspection to the same extent as a paper copy stored at
the site.
Track-out controls were inadequate: sediment was not removed from paved areas, vehicle use was not restricted to designated exit points, proper stabilization techniques were not used,
and/or track-out controls were missing(CGP Part 2.2.4).This violation stems from BMPs not being installed during the appropriate phase of construction, as required under Part 2.1.3.
Action Required: Implement and maintain effective track-out controls, restrict vehicle use to designated exit points, and stabilize all exits onto paved roads. Regularly remove sediment
from paved areas to prevent accumulation. On December 11th the operator provided photos of a track out pad that has been installed along West Canyon View Circle (See Operator Response
Photo 1). Evidence is needed to show that tracked out sediment has been addressed on West Canyon View Circle, including along curblines. The site map shows the location of the track
out pad installed on the eastern perimeter of the project.The SWPPP needs to be updated to show the correct location of the installed track-out pad.
Photo Reference:3
Sediment controls were not installed or adequately maintained along perimeter areas of the site that are downslope from exposed soil or disturbed areas (CGP Part 2.2.3). This violation
stems from BMPs not being installed during the appropriate phase of construction, as required under Part 2.1.3.
Action Required: Install, maintain, and repair sediment controls along all downslope perimeter areas.The SWPPP lists the downslope border of the project as the western border. This border
has a silt fence that needs significant repair or replacement.On December 11th the operator provided photos of straw wattle that has been laid down along the southern border of the project
(See Operator Response Photo 2). This control needs to be trenched and staked in to provided manufacturer specifications. Evidence is needed showing the perimeter controls are installed
to manufacturer specifications. The site map only shows the extent of the wattle put in. All BMP types and locations need to be identified on the site map.Document all actions in the
SWPPP.
Photo Reference:4
Storm drain inlet protection measures were either not installed or were inadequately maintained(CGP Part 2.2.10). This violation stems from BMPs not being installed during the appropriate
phase of construction, as required under Part 2.1.3.
Action Required:Install inlet protectionto storm drain inlets along West Canyon View Circle. On December 11th the operator provided a photo of gravel weighted socks that have been installed
around one of the storm drain inlets (See Operator Response Photo 2). Ensure continuous coverage from the gravel socks. Please confirm if there are additional protections installed inside
the inlets.Evidence is needed that displays affective inlet controls have been installed on each of the storm drain inlets and that sediment near storm drain inlets has been cleaned
up. Install and maintain inlet protection measures to remove sediment before it enters storm drains, cleaning or replacing them as needed. Where sediment accumulates adjacent to the
inlet protection measure, ensure the deposited sediment is removed by the end of the same business day it was identified.
Photo Reference:3 and 5
Portable toilets were not positioned securely and were at risk of tipping or knocking over, and/or they were located too close to waters of the state or site drainage features(CPP Part
2.3.3.f).
Action Required:The portable toilet needs to be moved back and staked in at least 10 feet from the sidewalk. Ensure that portable toilets are positioned securely to prevent tipping or
knocking over. Locate them away from waters of the state and, when possible, at least 10 feet from any constructed or natural site drainage features, inlet, curb and gutter, or conduit
to a waterway. If maintaining at least 10 feet of separation is not possible, evaluate the need for additional controls such as secondary containment, additional surface preparation,
or berms, and implement these measures as appropriate. On December 11th the operator provided a photo showing that the unit has been moved away from the curb (See Operator Response Photo
2). Evidence is needed that shows it has been moved 10 feet from the sidewalk.
Description, design specifications, routine maintenance specifications, and projected schedule for storm water controls (BMPs) were missing in the SWPPP.(CGP Part 7.3.5.a).
Action Required: Provide a detailed description of all specific storm water controls implemented on site to meet CGP Part 2.2. Include design specifications, referencing manufacturer
specifications or erosion and sediment control manuals/ordinances. The BMP specifications are missing from the SWPPP and need to be included for all implemented BMPs. Projected schedule
for BMPs needs to be included in the descriptions.
Stabilization measures, including specific vegetative and/ or non vegetative practices and the stabilization deadline, were not provided (CGP Part 7.3.5.b (6)).
Action Required: Ensure the SWPPP includes details of the specific vegetative and/or non-vegetative stabilization practices that will be used, as well as the deadline for stabilization
in accordance with Part 2.2.14.a. Stabilization techniques and deadlines are missing from the SWPPP.
Spill prevention and response procedures are incomplete in the SWPPP. Detailed cleanup steps and responsible personnel with contact information are not listed.(CGP Part 7.3.5.b(7)).
Action Required: Develop and include detailed procedures for stopping, containing, and cleaning up spills, leaks, and other releases. Specify the personnel responsible for detecting
and responding to spills in section 5 of the SWPPP. Ensure contact information is easily accessible.
The Construction General Permit (UTRC09993) was obtained for the project on December 6th, 2024. Correct the above violations and provide photographic evidence of the corrected violations1
and 3-6 to the DWQ inspector via email within 7 days of receipt of this letter. Provide documentationof corrections for the remaining violations. All violations are subject to enforcement
action; failure to complete the corrections within the timeline may result in intervention fromthe compliance and enforcement section. If you have any questions, please feel free to
contact me via email at dfranzke@utah.gov, or at (385) 522-3084.
Sincerely,
Dylan Franzke
General Permitting Inspector
Utah Division of Water Quality
Enclosures (2):1) Inspection Form2) Photo Log
CC:Via Email
1.)Summer Day Weber-Morgan Health Department
2.) Chris Spendlove, Spendlove PlumbingConstruction Oversight InspectionForm
ProjectNameSpendlove Plumbing
UPDES Permit #
UTRC09993
Expiration Date 12/05/2025
Address
5653 Canyon View Circle, Mountain Green UT. 84050
Date 12/02/2024
Owner
Chris Spendlove
Operator
Kastle Rock Excavation
StartTime
1:00 pm
SiteContact
Tom Brewer
Phone
801-941-4695
StopTime
1:15 pm
Weather
Partly Cloudy
Dateoflastrainevent
Nov. 25th
ApproximateRainfall(in)
0.52 in.
Inspector(s)
Dylan Franzke
MS4/City
Mountain Green
ReceivingWaters
Cottonwood Creek
ProjectArea
1.5 acres
DisturbedArea
0.7 acres
ProjectType
Commercial
Inspection reason
Scheduled
Complaint/Tip:
Random
InspectorCode
State
Local
InspectionCode
SW Sampling
SWnon-Sampling
InspectionType
Onsite
Electronic
Reason
(please list):
DWQ Onsite Inspection
Part1:OnsiteComplianceInspection
List:
Yes, No, N/A
ArrivalandInitialChecks:(PermitSignage;SWPPPAccessibility;Track-OutControl)
1.IstheSWPPPsignagepostedatthesiteentrance,clearlyvisible,anddoesitincludetherequiredinformation(e.g.,UPDEStrackingnumberand siteoperatorcontactinformation)?(CGP1.5;CPP1.9)
No
2. Is a copy of the SWPPP available onsite, or is its location clearly indicated on the posted signage and accessible within a reasonable time?(CGP 1.5.7; CPP 1.9)
No
3. Are effective track-out controls, such as stabilized construction entrances or wheel wash systems, installed and maintained at all egress points? Are paved surfaces free of track-out
or sediment accumulation? (CGP 2.2.4; CPP 2.4.1)
No
PerimeterInspection:(PerimeterControls;NaturalBufferAreas;DischargePoints)
4.Areperimetercontrols(e.g.,siltfences,wattles,berms)properlyinstalledandmaintained,effectivelypreventingsedimentfromleavingthesite,withno visibleevidenceofsedimentdischargesbeyond thesiteboundary?(CGP2.2.3;CPP2.1.2)
No
5.Arenaturalbuffers(orequivalentsedimentcontrols)maintainedaroundwaterbodieswithin50feetofearthdisturbances,andare these bufferseffectivelyminimizingsedimentdischarges?(CGP2.2.1;CPP2.3.5)
N/A
6. Is the operator ensuring that stormwater discharges are free of visible pollutants, prohibited discharges, or sediment impacting waters of the state or unprotected storm drains? If
not, immediately call the Environmental Incident Response Line (801) 536-0539. (CGP 1.3, 3.1; CPP 2.3.4)
Yes
7.Arevelocitydissipationdevicesinstalledatoutfalls,alongdrainagechannels,oratotherlocationstoslowdownrunoffandpreventerosion?(CGP2.2.11;CPP2.3.3)
N/A
InteriorSiteInspection:(BMPs:InletProtection;StockpilesandConstructionMaterials;ErosionControls/Pollution PreventionControls;ChemicalStorageandFuelingAreas;SanitationandWasteManagement;ConcreteandPaint
Washout)
8.ArestormdraininletswithinandimmediatelyadjacenttotheconstructionsiteproperlyprotectedwithappropriateBMPs(SeeSWPPPforinstallationspecifications)?Hasaccumulated sedimentinandaround theinletbeenremoved?(CGP2.2.10;CPP2.1.3)
No
9.Aresoilandmaterialstockpilesadequatelyprotectedfromerosionandsedimenttransportusingcovers,siltfences,orotherappropriateBMPs,andaretheylocatedawayfromstormwaterconveyancesandinlets?(CGP2.2.5;CPP2.1.1)
N/A
10. Are effective suppression measures, such as water spraying or mulching, implemented on exposed soil areas to prevent excessivedustgeneration? (CGP2.2.6;CPPN/A)
Yes
11. Are erosion control measures (e.g., stabilization, mulching, erosion blankets) implemented effectively on slopes, disturbed areas,andothervulnerableareas,includinganyareaswithno
construction activitiesfor30days (CPP14 days)? (CGP2.2.14;CPP2.6.1)
Yes
12. Is vegetation preservation, slope disturbances, topsoil management, and soil compaction being effectively managed to prevent potential impacts on water quality? (CGP 2.2.2, 2.2.7-2.2.9;
CPP 2.5)
Yes
13. Are effective spill prevention, containment, and pollutant discharge minimization measures in place for all equipmentfueling,maintenance,and washingactivities? (CGP2.3.1,2.3.2;CPP2.8.1)
Yes
14. Are chemical storage and hazardous waste areas properly managed with secondary containment and spill prevention measures inplace,and aretheseareasfreefromspills orleaks? (CGP2.3.3.c-d;CPP2.8.3)
Yes
15. Are waste management practices effective, with all construction materials, debris, and waste properly stored, contained, and disposedoftopreventexposuretostormwater andoverflow?(CGP2.3.3.a-b,e;CPP2.4.3,
2.8.2)
Yes
16.Areportablesanitationfacilities(e.g.,port-o-potties)positionedsecurely,awayfromdrainagefeatures,andmaintainedtoprevent leaksorspills?(CGP2.3.3.f;CPP2.4.4)
No
17.Aredesignatedareasforconcrete,paint,andotherconstructionmaterialwashoutproperlymanagedtopreventcontaminationofstormwater?(CGP2.3.4;CPP2.1.1)
Yes
18. Do the storm water controls (e.g., erosion, sediment, and pollution prevention measures) match those indicated on the site map, andaretheydesigned,installed,andmaintainedaccordingtoBMPspecificationsintheSWPPP,consideringprecipitation,slope,soiltype,andconstruction
phaseadjustments?(CGP2.1.1-2.1.4;CPP4.1.1)
Yes
Comments(Summarizekeyobservationsfromtheinspection,includinganyviolations,correctiveactionsneeded,andanydiscussionswiththesiteoperator):SWPPP sign not posted at the entrance. Copy of
SWPPP not available on site. Track out controls missing from site egress location. Perimeter controls are not implemented appropriately on identified downslope perimeters. Storm drains
missing inlet protection measures. Out-house located too closely to stormwater conveying surface (road and sidewalk).
Part2:SWPPPPre-SiteReview(CGPPart7;CPPPart4)
(Ensureallinformationisaccurateanduptodate)
List:
Yes, No, N/A
1.Hasapre-constructionreviewoftheSWPPPbeenconductedbytheappropriatemunicipalagency?
N/A
2.Arecontactnames,positions,responsibilities,andtelephonenumbersoftheStormWaterTeamandallotherresponsibleparties listed in theSWPPP? (CGP7.3.1;CPP4.2.1)
Yes
3.IstheredocumentationverifyingthatallkeypersonnelhavereceivedappropriatetrainingasrequiredbytheCGP/CPP,andare these recordsincludedin theSWPPP? (CGP6.2,6.3,2.2.13.f;CPP4.2.8)
Yes
4.Istheconstructionactivitydescribedindetail,includinganestimateoftheareatobedisturbed,thesequenceofconstruction activities,andadescriptionofall on-siteandoff-siteconstruction activitysupportareas?(CGP7.3.2;CPP4.2.2)
Yes
5. Does the SWPPP include a detailed site map showing storm drains, slopes, surface drainage patterns, stream buffer zones,stormwaterdischargepoints,constructionboundaries,limitsofdisturbance,surfacewaters(includingthenameofreceivingwaters),
and theplacementofboth structural andnon-structural controls?(CGP7.3.3;CPP4.2.3)
Yes
6.DoestheSWPPPincludeaccuratedischargeinformation,includingreceivingwaters,impairedwaters,andhigh-qualitywaters?Are there specificmeasuresoutlinedtopreventthedischargeofpollutantsintothesewaters?(CGP3.2;CPP4.2.5)
Yes
7.DoestheSWPPPidentifyallpollution-generatingactivities(e.g.,concretewashout,solidwastedisposal)thatcouldaffectstormwaterdischargesfromthesite? (CGP7.3.2.f;CPP4.2.6)
Yes
8. Are non-storm water discharges identified and controlled, with descriptions of allowable discharges (e.g., fire hydrantflushing,uncontaminated groundwater)included in theSWPPP? (CGP7.3.4;CPP1.3)
Yes
9.DoestheSWPPPdescribenaturalbuffersand/orequivalentsedimentcontrols(i.e.,compliancealternatives)?(CGP7.3.5.b(1), Appendix A;CPP4.2.4)
Yes
10. Does the SWPPP detail the specifications of all erosion and sediment controls (e.g., silt fences, sediment basins, check dams, inletprotection) inlinewithCGPrequirements? (CGP7.3.5.a;CPPN/A)
No
11.Havespecificstabilizationmeasures,includingbothvegetativeandnon-vegetativepractices,aswellasthestabilizationdeadline, been provided in theSWPPP? (CGP7.3.5.b(6);CPP4.2.3)
No
12.Does the SWPPP include comprehensive spill prevention and response procedures, including personnel responsibilities, cleanup steps,andemergencycontactinformation? (CGP7.3.5.b(7);CPPN/A)
No
13.DoestheSWPPPdescribetheplacementofpollutionpreventioncontrols,such asthoseformaterialstorage,construction wastemanagement,sanitarywastemanagement,andspill preventionmeasures? (CGP7.3.5.b(8);CPP4.2.6,4.2.7)
Yes
14. Does the SWPPP include a clear schedule for conducting inspections, and taking corrective actions? Is the inspection schedule, rain gaugelocation(if applicable),and anyrelevantchecklistsorformsclearlydocumented?
(CGP7.3.6;CPP3.2,3.3)
Yes
15.Aresiteinspections beingconducted attheselectedfrequency(i.e.,every7or14days;within24hoursofa0.50-inchrainfall), and did theyadequatelycoverallnecessaryareasordocument stormwater
controlissues? (CGP4.2,4.5,4.6;CPP3.4)
Yes
16.ArecorrectiveactionsfrompreviousinspectionsdocumentedandupdatedintheSWPPPwithintherequired7-daytimeframe, including changestostormwatercontrols,constructionplans,andSWPPPmodifications?(CGP5,7.5;CPP3.5,3.6)
N/A
17.DoestheSWPPPincludetheNoticeofIntent(NOI)andacopyoftheCGPorCommonPlanPermit,alongwithanyadditional permits required (e.g.,dewatering,streamalteration)?(CGP7.4;CPP4.2.9)
Yes
18.HastheSWPPPbeensignedbytheappropriateresponsiblecorporateofficerordulyauthorizedrepresentative?(CGP9.9;CPP 4.2.10)
Yes
Comments:Specifications for BMPs in place are not provided in the SWPPP. A final stabilization timeframe is not provided in the SWPPP. Cleanup steps, and onsite personnel responsibilities/
contacts are missing from the spill prevention / response portion of the SWPPP.
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualifiedpersonnelproperlygatheredandevaluatedtheinformationsubmitted.Basedonmyinquiryintothepersonorpersonswhomanagethesystem,orthosepersonsdirectlyresponsiblefor
gatheringtheinformation,theinformationsubmittedistothebestofmyknowledgeandbelieftrue,accurate,andcomplete.Iamawarethattherearesignificantpenaltiesforsubmittingfalseinformation,includingthepossibilityoffineandimprisonmentforknowingviolations.
Inspector
Dylan Franzke
Environmental Scientist 2
Dylan Franzke
12/2/2024
PrintName
Title
Signature
Date
Last updated: 11/13/24
Photo Log – UTRC09993
Photo 1
Road facing sign showing lot # and address.
Photo 2
Rear view of plumbing warehouse construction.
Photo 3
Track out due to vehicle egress into the road and unprotected storm drain inlet.
Photo 4
Silt fence in need of replacement along western downslope perimeter.
Photo 5
Unprotected storm drain inlet.
Photo 6
Designated concrete washout observed onsite.
Photo 1
Installed track out pad in front of facility.
Photo 2
Straw wattle along southern border.
Photo 3
Gravel sock inlet protection.
Photo 4
Out house location.
Operator Response Photo Log – UTRC09993