EPA emailed a copy of the inspection report conducted by EPA on 12/07/2020. Attached.

From: Robert Terhune <terhune.robert.clyde.4@gmail.com>
Sent: Friday, January 15, 2021 2:29 PM
To: Zeman, Maria (ECY) <MZEM461@ECY.WA.GOV>; Jim Shinn <jimshinn69@yahoo.com>; Howie, Douglas (ECY) <doho461@ECY.WA.GOV>; Grant Middleton <gmiddleton@rrlarson.com>
Cc: Jamie Calhoun <JamieC@activeconstruction.com>; Scott Morse <scottm@activeconstruction.com>; John Nelson <johnn@activeconstruction.com>
Subject: Fwd: Stetson Heights WAR306103 Compliance Follow-up

THIS EMAIL ORIGINATED FROM OUTSIDE THE WASHINGTON STATE EMAIL SYSTEM - Take caution not to open attachments or links unless you know the sender AND were expecting the attachment or the link

Thank you for reaching out Maria.

Thank you for sending those links in the email. We have started a separate maintenance log for BMP 236 as you have recommended. Also, we have started our turbidimeter log for everytime we need to sample in the future.

1) Yes we have reviewed BMP 236 and have been following its maintenance guidelines as well as conditions of use as detailed out in the SWMMWW. Attached is a picture displaying the use of BMP 236.

"Vegetative filtration as a BMP is used in conjunction with detention storage in the form of portable tanks or BMP C241:  Sediment Pond (Temporary), BMP C206:  Level Spreader, and a pumping system with surface intake. Vegetative filtration improves turbidity levels of stormwater discharges by filtering runoff through existing vegetation where undisturbed forest floor duff layer or established lawn with thatch layer are present.  Vegetative filtration can also be used to infiltrate dewatering waste from foundations, vaults, and trenches as long as runoff does not occur." 

•  For every five acres of disturbed soil use one acre of grass field, farm pasture, or wooded area. Reduce or increase this area depending on project size, ground water table height, and other site conditions. 
• Wetlands shall not be used for vegetative filtration.
• Do not use this BMP in areas with a high groundwater table, or in areas that will have a high seasonal groundwater table during the use of this BMP. 
• This BMP may be less effective on soils that prevent the infiltration of the water, such as hard till. 
• Using other effective source control measures throughout a construction site will prevent the generation of additional highly turbid water and may reduce the time period or area needed for this BMP. 
•  Stop distributing water into the vegetated filtration area if standing water or erosion results.

2) We have reviewed BMP 250 and 251 and have been communicating with Rick Fuller from Trendline Environmental about the chemical treatment options, where our discharge point will be located and so forth.

3) I have reviewed the new permit and have printed it out to bring to the job shack located onsite at Stetson Heights. (thank you for the link)

Thank you for coming out to site Maria this week. If you need any additional information please let me know.

All the best,

Robert Terhune

On Fri, Jan 15, 2021 at 1:07 PM Zeman, Maria (ECY) <MZEM461@ecy.wa.gov> wrote:

Hi WAR306103 Stetson Heights Team:

This is the current CSWGP Compliance Inspector for WAR306103 Stetson Heights, Maria Zeman, checking back in because I have not heard back of any progress on things we have been discussing the last few weeks. Thank you for reaching out to me December 28, 2020 about treatment options for turbid pond water. Thank you for being able to meet with me on your project site this Tuesday, January 12, 2021.

Have you followed my coworkers advice on how to submit the required items requested (including reviewing BMP 250 & 251) to be able to review treatment request for approval? As well as reviewing maintenance requirements for BMP 236?

https://fortress.wa.gov/ecy/ezshare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm

Have you found a CESF treatment operator?

Have you decided where you will locate this chemical treatment discharge point?

Also, have you taken time to review your current permit and have a copy available to reference in your job shack? As well as a copy of your new Coverage Letter ?

https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Construction-stormwater-permit

Thank you for understanding that per your CSWGP, “Ecology presumes that a Permittee complies with water quality standards”, “must fully: comply with all permit conditions”, and “implement stormwater BMPs”, “and maintenance” (S3 pages 9-10).

Thank you for continuing to work with Ecology to get back into compliance with your CSWGP and making efforts to protect water quality.

Maria Zeman

Construction & Industrial Stormwater Inspector

Washington Department of Ecology

Water Quality Program, NWRO (Bellevue)

mzem461@ecy.wa.gov

office phone: 425-649-7100

PS    I included your Permit Administrator, Miya Spratt, on this email who can process a Modification Form for your permit to add more than 1 Discharge Point from that date forward, if you were unable to figure out how to do it yourself when updating DMRs. This will then be modified to reflect in PARIS (a publicly searchable database of Ecology) and in your DMRs. I have confirmed that you cannot back date and correct this. Unfortunately, you have been reporting to Ecology only 1 point of discharge to-date.

https://apps.ecology.wa.gov/publications/SummaryPages/ECY070558.html

PSS   Have you begun an operation and maintenance log for BMP 236? As-well-as calibration records for your turbidity monitoring equipment?

From: Howie, Douglas (ECY) <doho461@ECY.WA.GOV>
Sent: Monday, January 11, 2021 11:16 AM
To: Grant Middleton <gmiddleton@rrlarson.com>
Cc: Robert Terhune <terhune.robert.clyde.4@gmail.com>; Jamie Calhoun <JamieC@activeconstruction.com>; Zeman, Maria (ECY) <MZEM461@ECY.WA.GOV>
Subject: RE: Stetson Heights

Grant:

I am unable to authorize use of chemical treatment for this project at this time.

You did not identify where you will dispose of the treated water, you have not indicated that you will filter and monitor the water prior to discharge, and you do not have a certified CESF treatment operator listed on your request.

Please review BMPs C250 and C251 in the 2019 Stormwater Management Manual for Western Washington for chemical treatment guidance.

Please provide me with the appropriate answers and I will process your request.

Douglas C. Howie, P.E.

Senior Stormwater Engineer

Department of Ecology, Water Quality Section

300 Desmond Dr. SE; PO Box 47600

Olympia, WA 98504-7600

(360) 407-6444 (office)

(360) 870-0983 (cell)

douglas.howie@ecy.wa.gov

From: Grant Middleton <gmiddleton@rrlarson.com>
Sent: Monday, January 11, 2021 10:04 AM
To: Howie, Douglas (ECY) <doho461@ECY.WA.GOV>
Cc: Robert Terhune <terhune.robert.clyde.4@gmail.com>; Jamie Calhoun <JamieC@activeconstruction.com>
Subject: Stetson Heights

THIS EMAIL ORIGINATED FROM OUTSIDE THE WASHINGTON STATE EMAIL SYSTEM - Take caution not to open attachments or links unless you know the sender AND were expecting the attachment or the link

Good Morning Doug,

Please see attached request. 

Best Regards,

Grant  J. Middleton, P.E.,

President

Cell -      (253) 377-1056

Office - (253) 474-3404  Ext. 501

--

All the best,
Robert Terhune IV

From: Zeman, Maria (ECY)
Sent: Friday, January 8, 2021 4:01 PM
To: 'terhune.robert.clyde.4@gmail.com' <terhune.robert.clyde.4@gmail.com>; 'jimshinn69@yahoo.com' <jimshinn69@yahoo.com>; 'ScottM@activeconstruction.com' <ScottM@activeconstruction.com>; 'gmiddleton@rrlarson.com' <gmiddleton@rrlarson.com>
Cc: Dobrowski, Evan (ECY) <EDOB461@ECY.WA.GOV>; Jankowiak, Amy (ECY) <AJAN461@ECY.WA.GOV>
Subject: Adaptive Management Plan Follow-up WAR306103 Stetson Heights

Robert & Scott & Grant & Jim:

Permit WAR306103 Stetson Heights:

Your neighbors have contacted Ecology with concerns of increased flow of stormwater discharged from you site onto their property.

Per your CSWGP Effective January 1, 2021, S4.C.5.a. (page 14),

“If the discharge turbidity is 26 to 249 NTUs; or if discharge transparency is 32 to 7 cm, the Permittee must:

1. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs, and no later than 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when the Permittee requests an extension within the initial 10-day response period.
2. ii. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the date the discharge exceeded the benchmark.
3. iii. Document BMP implementation and maintenance in the site log book.”

It has now been 7 days since you chose to pull the plugs on your ponds and discharge construction stormwater from your site, on January 2, 2021.

Please send me a copy of your SWPPP updates that you have made and what treatment or source control BMP options you have been added to effectively respond to permit violations and to protect water quality.

Maria Zeman

Construction & Industrial Stormwater Inspector

Washington Department of Ecology

Water Quality Program, NWRO (Bellevue)

mzem461@ecy.wa.gov

office phone: 425-649-7100

Conference call took place without city of Port Orchard.

From: Zeman, Maria (ECY)
Sent: Wednesday, December 30, 2020 11:04 AM
To: 'Robert Terhune' <terhune.robert.clyde.4@gmail.com>
Cc: Grant Middleton <gmiddleton@rrlarson.com>; McCrea, Rachel (ECY) <rmcc461@ECY.WA.GOV>; Wolfman, Sonia A (ATG) <Sonia.Wolfman@atg.wa.gov>
Subject: RE: Conference call tomorrow ?

Robert,

So, to best assist in your full ponds of over 25NTU benchmark dilemma,

I am inviting on this technical assistance call:

Myself,  Evan, and our attorney 

You,       Grant, and your attorney

Zack,      Darren, and their attorney

Will be email the 1pm conference call # and pen to all soon.

Thanks,

Maria Zeman

Construction & Industrial Stormwater Inspector

Washington Department of Ecology

Water Quality Program, NWRO (Bellevue)

mzem461@ecy.wa.gov

office phone: 425-649-7100

From: Robert Terhune <terhune.robert.clyde.4@gmail.com>
Sent: Tuesday, December 29, 2020 3:34 PM
To: Zeman, Maria (ECY) <MZEM461@ECY.WA.GOV>
Cc: Grant Middleton <gmiddleton@rrlarson.com>
Subject: Re: Conference call tomorrow ?

THIS EMAIL ORIGINATED FROM OUTSIDE THE WASHINGTON STATE EMAIL SYSTEM - Take caution not to open attachments or links unless you know the sender AND were expecting the attachment or the link

Sounds good, thanks! 

On Tue, Dec 29, 2020 at 6:22 PM Zeman, Maria (ECY) <MZEM461@ecy.wa.gov> wrote:

Yes. You may invite your site consultants. Thank you for asking. It will likely be sometime tomorrow before I get the conference call information sent out. If Grant who you would like me to include on that email then? My colleagues who would be on the call are off work right now so I would have to check if Zoom is preferred option. Thank you for offering.

Maria Zeman

Construction & Industrial Stormwater Inspector

Washington Department of Ecology

Water Quality Program, NWRO (Bellevue)

mzem461@ecy.wa.gov

office phone: 425-649-7100

From: Robert Terhune <terhune.robert.clyde.4@gmail.com>
Sent: Tuesday, December 29, 2020 3:15 PM
To: Zeman, Maria (ECY) <MZEM461@ECY.WA.GOV>
Cc: Grant Middleton <gmiddleton@rrlarson.com>
Subject: Re: Conference call tomorrow ?

THIS EMAIL ORIGINATED FROM OUTSIDE THE WASHINGTON STATE EMAIL SYSTEM - Take caution not to open attachments or links unless you know the sender AND were expecting the attachment or the link

That works for me. Would love to do that! Can I invite our lead engineer for our site?

Thank you for getting back to me Marea!

All the best,

Robert Terhune

On Tue, Dec 29, 2020 at 5:47 PM Zeman, Maria (ECY) <MZEM461@ecy.wa.gov> wrote:

Hey, Robert. I got your voicemail. Thanks for reaching out.

I checked with my available colleagues with expertise in a few different water quality NPDES permits through Ecology.

We can be available for a conference call tomorrow afternoon.

Let me know if 1pm works and I can see about getting that set up.

Thanks.

Maria Zeman

Construction & Industrial Stormwater Inspector

Washington Department of Ecology

Water Quality Program, NWRO (Bellevue)

mzem461@ecy.wa.gov

office phone: 425-649-7100

--

All the best,
Robert Terhune IV

--

All the best,
Robert Terhune IV

Conference call with owners group to discuss how to get red tag from City of Port Orchard lifted.

I specified I am not with the City and cannot guarantee what requirements the City has for the red tag to be lifted.

Owners group asked how can we make sure Ecology is good with the temporary stabilization measures in place and asked about draining a pond to begin work. 

I explained if the entire site is temporarily stabilized with the exception of BMP's covering water as we do not require water to be covered they would likely be in compliance of temporary stabilization.

The explained they will stabilize everything, then once the red tag is lifted will begin draining a pond providing it meets stormwater requirements and begin grading activity where the pond is located.

Phone call from City of Port Orchard Staff regarding permit requirements and to inform me nobody has been out at Stetson heights since it snowed on the 4th.  No site inspections per permit requirements have been conducted.

City has concerns of erosion control BMP's not being maintained and pond levels.

Call from Zack at City of Port Orchard: Per Zack and Darren at City of Port Orchard [Stetson Heights (Robert Terhune Jr, Robert Terhune Sr, and Jim Shinn) were at the site today as well as Rain for Rent representative.  They were in the process of setting up passive Chitosan treatment that will discharge into the Tributary of Ruby Creek.  they said they were going to test one pond and then begin discharging.  Darren and Zack advised the Stetson Heights representatives onsite that they would need to provide a written report explaining how this will be done and recommended getting written approval from all agencies involved on this site prior to discharging.  Stetson Heights reps also mentioned they would pursue reclassifying the wetlands so they would have the needed 100ft buffer for Chitosan sock use.]

I called Robert Terhune Jr the site CESCL at 4:35PM and asked for details regarding the information from City of Port Orchard Staff.  I was told by Robert "we are definitely not going to discharge using Chitosan sock until we get approval from you and that we will send over the design rain for rent gives us for your approval as soon as we get it".  I did reiterate the need for a 100ft vegetated buffer after the Chitosan sock and Robert agreed and said they would have this or "it would be stupid for us to use this system".  I also explained these system require him to sample for pH and turbidity prior to leaving the site or entering waters of the state and he agreed this would occur if they setup this type of system.

I spoke with Joe from Rain for Rent earlier in the week who was asking questions about the use of passive Chitosan socks.  I explained Ecology's take on these systems is that they must have a 100ft buffer from any waters of the state as well as wetlands prior to use and they must monitor for pH and Turbidity.

Spoke with Zack Holt on the phone who informed me the site is currently discharging the rear ponds via a dispersion pipe on the neighboring property to the Southwest into a wooded area and a creek is roughly 100ft away.

Zack mentioned over the weekend there was a large area by the construction entrance pond which had failed and discharged sediment into the wetlands again and that the neighbors are still pumping water across the site into the wetland which is causing erosion because they do not have a dispersion site.  This is the neighbors doing this to reduce flooding at their driveway and is not being done by the site.  However, the flooding appears to be caused by the site due to a pipe which is not currently installed.

Spoke to Robert Terhune today at 8AM while I was onsite and he was over the phone.  I explained they should be piping any water from offsite to offsite and not handling it in their ponds unless they cause it to get dirty.  I also asked where the water in the tanks went because two of them were half full and they were full last site visit.  Robert said they pumped these two tanks half way down back into the ponds.  Robert said the ownership team has turned down his recommendations to install chitosan treatment.

Spoke to Jim Shinn over the phone at 11AM after getting back to the office.  Jim explained they were waiting on WA Stormwater LLC to setup a system out there and to give them an official bid.  He said Chitosan was an astronomical price and they would not be able to do this.

Robert Terhune left a voice message saying the baker tanks are full and the ponds are full and continuing to fill up due to rain event from yesterday.  NTU's are too high to discharge and he believes the two options are discharging the high turbidity or letting the ponds fail.

I attempted call back and did not get through.  Left a message saying not to let the ponds fail and not to discharge if possible.  I mentioned there are many other options ranging from hauling water off the site and disposing appropriately off site, getting more tanks, setting up a treatment system per conversations from last week, etc.

Later in the day spoke to Robert on the phone who said they have contacted WA Stormwater LLC to get Chitosan and haven't heard back.  They also spoke with Clear Creek to get Chitosan and haven't heard back.  The Lower pond is 3ft from top, supposed to get 1/2" of rain tonight.  Robert said Chitosan would be out by end of the week and says they got quotes for $50K a month with rental cost.  Another quote for $25-$40K a month and then WA Stormwater LLC said $5K a month.  Baker tanks are still not hooked up as one unit.

Received phone call from Rob Terhune Sr. who was asking why they need to cover the entire site.  I explained the permit requirement is to cover all bare soils within two days of not being worked at this time of the year.  Rob explained they only have one month left of work to do at the site before they are finished and would be transferring the permit.  Rob says they need the stop work order lifted and does not believe BMP's should be implemented in order to continue work due to the work causing damage to the BMP's.  Rob also stated they have had no major issues on the site since the stop work order was put in place.

I explained to Rob that we have had several reports or discharges coming off the site within the past few days and BMP's are needed to cover the site since the site is not currently being worked.  I also explained I do not have authority to lift the stop work order as that is the City of Port Orchard's stop work order.

Robert Terhune Jr - they have had some run off at the back upper pond and some silt fence failures.

BPCI is working on the site to repair silt fencing, the slopes stayed stabilized and they are installing slope drain pipes rather than ditching.

They will get CESF tanks Friday or Saturday.

Spoke to Zack Holt from City of Port Orchard who visited a neighboring property due to complaint of flooding issues.  Signs of large amount of stormwater discharging off Stetson Height and onto neighboring property.

Received voicemail from Robert Terhune Jr regarding the site not using the pumps and having some issues from the day before.

I returned phone call and spoke with Robert Terhune Jr who explained he is heading home from the site now after being their all day yesterday until 4AM this morning then heading back out at around 8AM.  The site had several discharges last night and tons of rilling and overtopping of sediment fences occurred.

I explained that the site is in violation of the permit and the Immediate Action order due to having discharges above 25NTU, not sampling all discharges that occurred, not having the site stabilized, etc.