Document 8VnrD5YvJGJjgg3e3qX1pzwmB

Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: FRS Number: Identification/Permit Number: 08/18/2021 Water NPDES Greater Kudu, LLC - Facebook Facebook - Project Antelope 4250 Messenger Loop NW Los Lunas, New Mexico 87031 3 Acropolis Aisle Irvine, CA 92614 Orange 971-720-3487 David Douglas dldouglas@fb.com 110070066799 NMR10040C Loss Control Engineer Media Identifier Number: NAICS: SIC: N/A 236220 1541 Personnel participating in inspection: David Douglas Facebook Santos Baca Facebook Gabriel Barela Facebook Jenki Caraballo Facebook Jeff Porter Fortis Construction-Greater Kudu Levi Dean New Mexico Environment Department Loss Control Engineer Physical Security Critical Facilities Engineer Chief Building Engineer Civil Superintendent Industrial and Stormwater Team Supervisor David Esparza, PE EPA Lead Inspector Signature/Date Supervisor Signature/Date USEPA-ECDWM Environmental Engineer DAVID David Esparza ESPARZA Digitally signed by DAVID ESPARZA DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=DAVID ESPARZA, 0.9.2342.19200300.100.1.1=68001003655879 Date: 2021.10.26 15:15:41 -06'00' Date Digitally signed by Bernier, Roberto Bernier, Roberto DN: cn=Bernier, Roberto, email=bernier.roberto@epa.gov Date: 2021.10.26 16:46:33 -05'00' Roberto Bernier Date 6ENFORM-020-R8.2 (02/12/2020) 1 Section I - INTRODUCTION Greater Kudu/Facebook-Project Antelope Permit #NMR10040C Inspection Date 08/18/2021 PURPOSE OF THE INSPECTION United States Environmental Protection Agency (EPA) Region 6 inspector David Esparza, PE, and Mr. Levi Dean, Point Source Regulation Section-Industrial and Stormwater Team Supervisor, New Mexico Environment Department (NMED) arrived at the Greater Kudu/Facebook Campus (Facebook) at approximately 11:30 AM on August 18, 2021 for an unannounced inspection. I presented my credentials to Facebook representatives, Mr. David Douglas, Loss Control Engineer, Mr. Santos Baca, Physical Security, Mr. Gabriel Barela, Critical Facilities Engineer, Mr. Jenki Caraballo, Chief Building Engineer and Mr. Jeff Porter, Civil Superintendent, Fortis Construction (Greater Kudu contractor) and informed them that this was an EPA inspection to ascertain the facility's compliance under the Clean Water Act (CWA) and the requirements of the National Pollutant Discharge Elimination System (NPDES) permit program. This Compliance Evaluation Inspection was conducted under the authority of CWA 308. The generation of this report is based on information supplied by Greater Kudu/Facebook representatives, observations made by the EPA inspector, NMED and records and reports maintained by the permittee (Greater Kudu), and the EPA. Before leaving the facility on August 18, 2021, an exit briefing was held with Mr. Douglas and the above-mentioned individuals to explain areas of concern noted at the time of the inspection. FACILITY DESCRIPTION Greater Kudu, LLC, on behalf of its subsidiary Facebook, is in the process of completing a facility (data center) of approximately 3 million-square-feet to support global operations. Ultimately, the proposed overall project footprint identified as Projects Antelope Phase I and Antelope Phase II will comprise six (6) building facilities. The data center currently has three fully operational buildings and three under construction, one of which is nearing completion (Project Antelope Phase I: NMR10019S). Currently under this permit (Project Antelope Phase II: NMR10040C) the total area to be disturbed equates to 634-acres of land. The center acts as a storage facility for the company's social media sites such as Facebook, Instagram, and WhatsApp. The Greater Kudu project site is located north of Jubilee Blvd along the northside of New Mexico State Road 6 (SR-6) in Los Lunas, Valencia County, New Mexico (denoted in Aerial Image 1 below). Coordinates to the project location are in the vicinity of: Latitude 3449' 25.85" North, Longitude 10646'54.27" West. This location can be further described as approximately 25-miles south of Albuquerque, New Mexico. 2 Greater Kudu/Facebook-Project Antelope Permit #NMR10040C Inspection Date 08/18/2021 Aerial Image #1- Overall view of the Greater Kudu-Project Antelope. Aerial from Google Earth (2021). Section II - OBSERVATIONS The following points of discussion are derived from the review of information provided by Greater Kudu representatives, their consultant, or on-site visual observation. Note: Both Stormwater Pollution Prevention Plans (SWPPP) with respect to Project Antelope Phase I and Phase II were reviewed, inclusive of inspection reports, and site plans/maps. The Project Antelope Phase I Stormwater Pollution Prevention Plan (SWPPP) was originally prepared on September 16, 2016 with respect to the 300-acres. The original 300-acre, Notice of Intent (NOI) (NMR10019S) states the Project Start Date was October 3, 2016 and the Project End Date as September 30, 2019. This NOI was filed in the name of Richard Troop (Project Manager-Fortis Construction) on April 19, 2018 (Appendix 2300-acre Notice of Intent-NMR10019S). A review of the Integrated Compliance Information System (ICIS) database indicates the NOI for Project Antelope Phase I was filed on April 19, 2018 and became effective on May 3, 2018 in the name of Richard Troop. However, the Project End Date is indicated as February 15, 2022 rather than what was indicated on the NOI. Note: there is no indication the Project Start Date of October 3, 2016 is different than what was indicated on the NOI. A review of the Project Antelope Phase I SWPPP 1.5 Operator/Permittee SWPPP Certification or the Authorized Representative indicates neither have been signed. 3 Greater Kudu/Facebook-Project Antelope Permit #NMR10040C Inspection Date 08/18/2021 A review of the Project Antelope Phase I SWPPP refers to the NPDES 2012 Construction General Permit as the current copy. The Project Antelope Phase II Stormwater Pollution Prevention Plan (SWPPP) was originally prepared on June 1, 2021 with respect to the 634-acres. Notice of Intent (NOI)- NMR1002F7 was filed on March 30, 2021 and became effective on April 14, 2021 in the name of Fortis Construction (Appendix 3- 634-acre Notice of IntentNMR1002F7). This NOI states the Project Start Date was October 3, 2016 and the Project End Date as September 30, 2019. Notice of Intent (NOI)- NMR10040C was filed on June 18, 2021 and became effective on July 2, 2021 in the name of Greater Kudu (Appendix 4- 634-acre Notice of Intent-NMR10040C). This NOI states the Project Start Date was October 3, 2016 and the Project End Date as September 30, 2019 (Appendix 1- Photograph #6). For clarification Mr. Douglas (Facebook) stated the original 300-acres identified in NMR10019S is included in the 634-acres identified in NMR1002F7 and NMR10040C, and not in addition to. Greater Kudu/Facebook routinely applies water for dust suppression efforts by mechanical means (water trucks) throughout the Project Antelope Phase II active construction areas. The total volume of the five (5) water trucks equates to 30K-gallons and are comprised of two (2) 4K, one (1) 6K, and two (2) 8k gallon trucks. These 5 trucks operate on 5 days per week schedule (Appendix 1 Photograph #9 and Photograph #10). Greater Kudu has installed and maintains an on-site air monitoring station (NMT1) and a noise monitoring station located along the south side of the project boundary approximately due north of the SR-6 (Appendix 1 Photograph #7 and Photograph #8). The entire Greater Kudu/Facebook location comprised of Project Antelope Phase I and Antelope Phase II are contained within secure perimeter fencing with limited access. Additionally, run-off swales are maintained and in place to prevent run-off from the site and the silt fabric is installed on the base of the fence wind fabric. Section III - SUMMARY/AREAS OF CONCERN The entire evaluation can be summarized as follows: A review of the Project Antelope Phase I SWPPP 1.5 Operator/Permittee SWPPP Certification or the Authorized Representative indicates neither have been signed. Confusion arises with respect to the Project Start Date. All three (3) duly filed NOI's (NMR10019S, NMR1002F7 and NMR10040C) cite a project start date of October 3, 2016, 4 Greater Kudu/Facebook-Project Antelope Permit #NMR10040C Inspection Date 08/18/2021 however the effective dates of each separate NOI permit are May 3, 2018, April 14, 2021, or July 2, 2021, respectively. If these dates as indicated are correct, the project location operated without the benefit of permit coverage for an approximate 19-month period (October 16, 2016 to May 3, 2018). EPA Region 6 inspector David Esparza conducted a closing conference at Greater Kudu/Facebook on August 18, 2021 for the inspection. Section IV - FOLLOW UP The following information and/or clarification was received by EPA on August 26, 2021 and October 25, 2021, after exiting the Facility on August 18, 2021: SWPPP inspection reports from 1-2019 to present NMR1002F7 Copy of Record NMR10040C Copy of Record NMR10019S Copy of Record Project Antelope Phase 1 SWPPP Binder Project Antelope Phase 2 SWPPP Binder Project Antelope Phase 2 Area of Disturbance Map Site grading design drawings (C200.0 - C200.12) Section V - LIST OF APPENDICES Appendix 1 - Greater Kudu/Facebook-Project Antelope Photographic Log- June 14, 2021 Appendix 2 - 300-acre Notice of Intent- NMR10019S Appendix 3 - 634-Acre Notice of Intent- NMR1002F7 Appendix 4 - 634-Acre Notice of Intent- NMR10040C 5 Greater Kudu/Facebook-Project Antelope Permit #NMR10040C Inspection Date 08/18/2021 Appendix 1 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View of Facebook facility looking approximately northeast form NM-6. August 18, 2021 (DSCN1950) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View of Facebook facility looking approximately North. August 18, 2021. (DSCN1952). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View looking approximately Northwest inside of Facebook facility. August 18, 2021 (DSCN1955). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View looking approximately East of earthwork inside the Facebook facility. August 18, 2021 (DSCN1957). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 5 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View looking approximately Southeast from the south side of the Facebook. August 18, 2021 (DSCN1960) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 6 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico Overall rendition of Project Antelope Phase II area of disturbance. Rendition provided by Greater Kudu/Facebook UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 7 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View of Greater Kudu/Facebook Noise and Dust Monitor location. Rendition provided by Greater Kudu/Facebook. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 8 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico View of Greater Kudu/Facebook Noise and Dust Monitor location. Note wind fabric attached to the perimeter fencing. Photograph provided by Greater Kudu/Facebook. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 9 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico Project Antelope Phase II onsite water storage tank filling a water truck. Photograph provided by Greater Kudu/Facebook. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 10 Location: Greater Kudu/Facebook-Project Antelope City: Los Lunas County/Parish: Valencia State: New Mexico Greater Kudu/Facebook Project Antelope Phase II dust suppression efforts utilizing water application. Photograph provided by Greater Kudu/Facebook. 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Submission of this NOI also constitutes notice that the operator identif ied in Section III of this f orm meets the eligibility requirements of Part 1.1 CGP f or the project identif ied in Section IV of this f orm. Permit cov erage is required prior to commencement of construction activ ity until y ou are eligible to terminate cov erage as detailed in Part 8 of the CGP. To obtain authorization, y ou must submit a complete and accurate NOI f orm. Discharges are not authorized if y our NOI is incomplete or inaccurate or if y ou were nev er eligible f or permit cov erage. Ref er to the instructions at the end of this f orm. Permit Inf ormation NPDES ID: NMR1002F7 State/Territory to which your project/site is discharging: NM Is your project/site located on federally recognized Indian Country lands? No Are you requesting coverage under this NOI as a "Federal Operator" as defined in Appendix A (https://www.epa.gov/sites/production/files/2019-05/documents/final_2017_cgp_appendix_a_-_definitions.pdf)? No Have stormwater discharges from your current construction site been covered previously under an NPDES permit? Yes Your most current NPDES ID: NMR120000 Will you use polymers, flocculants, or other treatment chemicals at your construction site? No Has a Stormwater Pollution Prevention Plan (SWPPP) been prepared in advance of filling this NOI, as required? Yes Are you able to demonstrate that you meet one of the criteria listed in Appendix D (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_d_-_endangered_species_reqs_508.pdf) with respect to protection of threatened or endangered species listed under the Endangered Species Act (ESA) and federally designated critical habitat? Yes Have you completed the screening process in Appendix E (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf) relating to the protection of historic properties? Yes Indicating "Yes" below, I confirm that I understand that CGP only authorized the allowable stormwater discharges in Part 1.2.1 and the allowable non-stormwater discharges listed in Part 1.2.2. Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CWA section 402(k) by disclosure to EPA, state or local authorities after issuance of this permit via any means, Including the Notice of Intent (NOI) to be covered by the permit, the Stormwater Pollution Prevention Plan (SWPPP), during an Inspection, etc. If any discharges requiring NPDES permit coverage other than the allowable stormwater and non-stormwater discharges listed in Parts 1.2.1 and 1.2.2 will be discharged, they must be covered under another NPDES permit. Yes Operator Inf ormation Operator Information Operator Name: Fortis Construction, Inc. Operator Mailing Address: Address Line 1: 1705 SW Tay lor St Address Line 2: #200 ZIP/Postal Code: 97205 County or Similar Division: Multnomah City: Portland State: OR Page 1 of 4 Operator Point of Contact Information First Name Middle Initial Last Name: Jef f Title: Civ il Superintendent Phone: 505-225-4537 Email: jef f .porter@f ortisconstruction.com Porter Ext.: NOI Preparer Information This NOI is being prepared by someone other than the certifier. Project/Site Inf ormation Project/Site Name: Project Antelope Project/Site Address Address Line 1: 4250 Messenger Loop NW Address Line 2: ZIP/Postal Code: 87031 County or Similar Division: Valencia City: Los Lunas State: NM Latitude/Longitude: 34.82831N, 106.780315W Latitude/Longitude Data Source: Map Horizontal Reference Datum: WGS 84 Project Start Date: 10/03/2016 Project End Date: 12/30/2022 Estimated Area to be Disturbed: 634 Types of Construction Sites: Commercial Will there be demolition of any structure built or renovated before January 1, 1980? No Was the pre-development land use used for agriculture? Yes Have earth-disturbing activities commenced on your project/site? Yes Is your project an "emergency-related project"? No Is your project/site located on federally recognized Indian Country lands? No Is your project/site located on a property of religious or cultural significance to an Indian tribe? No Discharge Inf ormation Does your project/site discharge stormwater into a Municipal Separate Storm Sewer System (MS4)? No Are there any waters of the U.S. within 50 feet of your project's earth disturbances? No Page 2 of 4 Are any of the waters of the U.S. to which you discharge designated by the state or tribal authority under its antidegradation policy as a Tier 2 (or Tier 2.5) water (water quality exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water) or as a Tier 3 water (Outstanding National Resource Water)? See Appendix F (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_f_-_tier_3_tier_2_and_tier_2.5_waters_508.pdf) No 001: Stormwater into pond Pond is designed to hold all stormwater from site Latitude/Longitude: 34.826918N, 106.776013W Tier Designation: N/A Is this receiving water impaired (on the CWA 303(d) list)? No Has a TMDL been completed for this receiving waterbody? No Stormwater Pollution Prev ention Plan (SWPPP) First Name Middle Initial Last Name: Guillermo Organization: Title: Project Engineer Phone: 505-350-6317 Ext.: Email: jr.tarin@f ortisconstruction.com Tarin Endangered Species Protection Using the Instructions in Appendix D of the CGP, under which criterion listed in Appendix D are you eligible for coverage under this permit? Criterion A Provide a brief summary of the basis for criterion selection listed above (the necessary content for a supportive basis statement is provided under the criterion you selected.): US Fish and Wildlife Service Historic Preserv ation Are you installing any stormwater controls as described in Appendix E (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf) that require subsurface earth disturbances? (Appendix E (https://www.epa.gov/sites/production/files/2017-02/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf), Step 1) No Certif ication Inf ormation I certif y under penalty of law that this document and all attachments were prepared under my direction or superv ision in accordance with a sy stem designed to assure that qualif ied personnel properly gathered and ev aluated the inf ormation submitted. Based on my inquiry of the person or persons who manage the sy stem, or those persons directly responsible f or gathering the inf ormation, the inf ormation submitted is, to the best of my knowledge Page 3 of 4 and belief , true, accurate, and complete. I hav e no personal knowledge that the inf ormation submitted is other than true, accurate, and complete. I am aware that there are signif icant penalties f or submitting f alse inf ormation, including the possibility of f ine and imprisonment f or knowing v iolations. Signing an electronic document on behalf of another person is subject to criminal, civ il, administrativ e, or other lawf ul action. Certified By: KATTIE M. TY MOSHUK Certifier Title: 7698ig1ErCzM Certifier Email: kattie.ty moshuk@f ortisconstruction.com Certified On: 03/30/2021 3:57 PM ET Page 4 of 4 Greater Kudu/Facebook-Project Antelope Permit #NMR10040C Inspection Date 08/18/2021 Appendix 4 634-Acre Notice of Intent- NMR10040C NPDES FORM 3510-9 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 NOTICE OF INTENT (NOI) FOR THE 2017 NPDES CONSTRUCTION PERMIT FORM Approved OMB No. 2040-0004 Submission of this Notice of Intent (NOI) constitutes notice that the operator identif ied in Section III of this f orm requests authorization to discharge pursuant to the NPDES Construction General Permit (CGP) permit number identif ied in Section II of this f orm. Submission of this NOI also constitutes notice that the operator identif ied in Section III of this f orm meets the eligibility requirements of Part 1.1 CGP f or the project identif ied in Section IV of this f orm. Permit cov erage is required prior to commencement of construction activ ity until y ou are eligible to terminate cov erage as detailed in Part 8 of the CGP. To obtain authorization, y ou must submit a complete and accurate NOI f orm. Discharges are not authorized if y our NOI is incomplete or inaccurate or if y ou were nev er eligible f or permit cov erage. Ref er to the instructions at the end of this f orm. Permit Inf ormation NPDES ID: NMR10040C State/Territory to which your project/site is discharging: NM Is your project/site located on federally recognized Indian Country lands? No Are you requesting coverage under this NOI as a "Federal Operator" as defined in Appendix A (https://www.epa.gov/sites/production/files/2019-05/documents/final_2017_cgp_appendix_a_-_definitions.pdf)? No Have stormwater discharges from your current construction site been covered previously under an NPDES permit? Yes Your most current NPDES ID: NMR1002f 7 Will you use polymers, flocculants, or other treatment chemicals at your construction site? No Has a Stormwater Pollution Prevention Plan (SWPPP) been prepared in advance of filling this NOI, as required? Yes Are you able to demonstrate that you meet one of the criteria listed in Appendix D (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_d_-_endangered_species_reqs_508.pdf) with respect to protection of threatened or endangered species listed under the Endangered Species Act (ESA) and federally designated critical habitat? Yes Have you completed the screening process in Appendix E (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf) relating to the protection of historic properties? Yes Indicating "Yes" below, I confirm that I understand that CGP only authorized the allowable stormwater discharges in Part 1.2.1 and the allowable non-stormwater discharges listed in Part 1.2.2. Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under CWA section 402(k) by disclosure to EPA, state or local authorities after issuance of this permit via any means, Including the Notice of Intent (NOI) to be covered by the permit, the Stormwater Pollution Prevention Plan (SWPPP), during an Inspection, etc. If any discharges requiring NPDES permit coverage other than the allowable stormwater and non-stormwater discharges listed in Parts 1.2.1 and 1.2.2 will be discharged, they must be covered under another NPDES permit. Yes Operator Inf ormation Operator Information Operator Name: Greater Kudu Operator Mailing Address: Address Line 1: 1 Hacker Way Address Line 2: ZIP/Postal Code: 94025 County or Similar Division: San Mateo City: Menlo Park State: CA Page 1 of 4 Operator Point of Contact Information First Name Middle Initial Last Name: Dav id Douglas Title: VLL ICM Env ironmental, Health and Saf ety Phone: 971-720-3487 Ext.: Email: dldgouglas@f b.com NOI Preparer Information This NOI is being prepared by someone other than the certifier. First Name Middle Initial Last Name: HOWARD R CAKE Organization: T.Y. Lin International Phone: 505-730-0882 Ext.: Email: howard.cake@ty lin.com Project/Site Inf ormation Project/Site Name: Project Antelope Project/Site Address Address Line 1: 4250 Messenger Loop Road Address Line 2: ZIP/Postal Code: 87031 County or Similar Division: Valencia City: Los Lunas State: NM Latitude/Longitude: 34.825262N, 106.781578W Latitude/Longitude Data Source: Map Horizontal Reference Datum: WGS 84 Project Start Date: 10/03/2016 Project End Date: 12/30/2022 Estimated Area to be Disturbed: 634 Types of Construction Sites: Commercial Will there be demolition of any structure built or renovated before January 1, 1980? No Was the pre-development land use used for agriculture? Yes Have earth-disturbing activities commenced on your project/site? Yes Is your project an "emergency-related project"? No Is your project/site located on federally recognized Indian Country lands? No Is your project/site located on a property of religious or cultural significance to an Indian tribe? No Discharge Inf ormation Page 2 of 4 Does your project/site discharge stormwater into a Municipal Separate Storm Sewer System (MS4)? No Are there any waters of the U.S. within 50 feet of your project's earth disturbances? No Are any of the waters of the U.S. to which you discharge designated by the state or tribal authority under its antidegradation policy as a Tier 2 (or Tier 2.5) water (water quality exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water) or as a Tier 3 water (Outstanding National Resource Water)? See Appendix F (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_f_-_tier_3_tier_2_and_tier_2.5_waters_508.pdf) No 001: No discharge, nearest location is Rio Grande River No discharge nearest location is Rio Grande River, Stormwater to be held in retention ponds Latitude/Longitude: 34.826412N, 106.776292W Tier Designation: N/A Is this receiving water impaired (on the CWA 303(d) list)? No Has a TMDL been completed for this receiving waterbody? No 002: None Latitude/Longitude: 34.820815N, 106.777173W Tier Designation: N/A Is this receiving water impaired (on the CWA 303(d) list)? No Has a TMDL been completed for this receiving waterbody? No Stormwater Pollution Prev ention Plan (SWPPP) First Name Middle Initial Last Name: HOWARD R CAKE Organization: Title: Civ il Engineer Phone: 505-730-0882 Ext.: Email: howard.cake@ty lin.com Endangered Species Protection Using the Instructions in Appendix D of the CGP, under which criterion listed in Appendix D are you eligible for coverage under this permit? Criterion A Page 3 of 4 Provide a brief summary of the basis for criterion selection listed above (the necessary content for a supportive basis statement is provided under the criterion you selected.): Record searches were conducted for the Project including the USFWS IPaC and NWI online tools as well as the New Mexico online database (BISON-M). Surveys were conducted to verify the presence or absence of suitable habitat for potential species. A total of 11 federal or state listed species and two migratory birds were identified by the IPaC and Bison-M lists generated. For eight of these species, including all species with federal status, no habitat is available on the Project site and were therefore determined to NOT be present. There was one state special status species and two birds protected by MBTA identified that were determined to have the potential occur within the project vicinity: 1) Baird's sparrow, 2) Brewer's sparrow, and 3) burrowing owl. However, limited habitat exists for these species onsite and no presence or sign was detected during presence/absence surveys. Therefore, these species were determined to be unlikely to regularly use the project site and the proposed project is not anticipated to directly affect these species. No impacts to federally or state protected species would occur due to lack of habitat for and presence of federally and state listed species onsite. Historic Preserv ation Are you installing any stormwater controls as described in Appendix E (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf) that require subsurface earth disturbances? (Appendix E (https://www.epa.gov/sites/production/files/2017-02/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf), Step 1) Yes Have prior surveys or evaluations conducted on the site already determined historic properties do not exist, or that prior disturbances have precluded the existence of historic properties? (Appendix E (https://www.epa.gov/sites/production/files/201702/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf), Step 2): Yes Certif ication Inf ormation I certif y under penalty of law that this document and all attachments were prepared under my direction or superv ision in accordance with a sy stem designed to assure that qualif ied personnel properly gathered and ev aluated the inf ormation submitted. Based on my inquiry of the person or persons who manage the sy stem, or those persons directly responsible f or gathering the inf ormation, the inf ormation submitted is, to the best of my knowledge and belief , true, accurate, and complete. I hav e no personal knowledge that the inf ormation submitted is other than true, accurate, and complete. I am aware that there are signif icant penalties f or submitting f alse inf ormation, including the possibility of f ine and imprisonment f or knowing v iolations. Signing an electronic document on behalf of another person is subject to criminal, civ il, administrativ e, or other lawf ul action. Certified By: Dav id Douglas Certifier Title: VLL ICM EHS manager Certifier Email: dldouglas@f b.com Certified On: 06/18/2021 10:45 AM ET Page 4 of 4