Document DvO7E2dMVM8YvDezOjpe0vYK4
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:
September 29, 2021 Water CWA
Department of Homeland Security
Federal Law Enforcement Training Center (FLETC)- Office of Artesia
Operations (OAO)
1300 W. Richey Avenue
Artesia, New Mexico 88210
DHS/FLETC/MRSD/AAD
Artesia, New Mexico 88210
Eddy
575-748-0591
David W. Wengert
Facilities Project Manager
FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC:
david.w.wengert@fletc.dhs.gov
110071147344
NMR100491 N/A 236116 6552
Personnel participating in inspection:
David W. Wengert
FLETC-OAO
David Blanchard
The Whiting-Turner Contracting
Company
Matthew Brown,
The Whiting-Turner Contracting
Company
Anthony Garcia
City of Aztec
Susan A. Lucas Kamat
NMED
David Esparza, PE
USEPA/R6-ECDWM
Facilities Project Manager Project Manager
Superintendent
Wastewater Operations Supervisor Program Manager, Point Source Regulation Section-Surface Water Quality Bureau Environmental Engineer
EPA Lead Inspector Signature/Date
Digitally signed by DAVID ESPARZA
DAVID ESPARZA DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=DAVID ESPARZA, 0.9.2342.19200300.100.1.1=68001003655879
David Esparza
Date: 2021.12.07 14:33:16 -07'00'
Date
Supervisor Signature/Date
ROBERTO
BERNIER
Digitally signed by ROBERTO BERNIER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=ROBERTO BERNIER, 0.9.2342.19200300.100.1.1=68001003655586 Date: 2021.12.07 16:08:36 -06'00'
Roberto Bernier
Date
6ENFORM-020-R8.2 (02/12/2020)
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Department of Homeland Security/FLETC-OAO NPDES permit No. NMR100491
Inspection Date September 29, 2021
Section I - INTRODUCTION
PURPOSE OF THE INSPECTION
EPA Region 6 inspector David Esparza, PE, and Ms. Susan A. Lucas Kamat, Program Manager, Point Source Regulation Section, Surface Water Quality Bureau, New Mexico Environment Department (NMED), arrived at the Federal Law Enforcement Training Center, Office of Artesia Operations (FLETC-OAO) at approximately 2:00 PM on September 29, 2021 for an unannounced inspection. We met with Mr. David Wengert, FLETCOAO Facilities Project Manager, Mr. David Blanchard, Project Manager of The Whiting-Turner Contracting Company (Whiting-Turner), and Mr. Matthew Brown, Superintendent, Whiting-Turner. I presented my credentials and informed them that I was undertaking an EPA inspection to determine the facility's compliance under the Clean Water Act (CWA). The generation of this report is based on information supplied by FLETC-OAO or their contractor representatives, observations made by me, and records and reports maintained by the permittee (Whiting-Turner) and the US EPA. Before leaving the facility, an exit briefing was held with all the above-mentioned persons, to explain areas of concern noted at the time of the inspection.
FACILITY DESCRIPTION
The FLETC-OAO, is one of three (3) FLETC residential training sites in the United States. FLETC acquired the approximate 3,600-acre campus of the former Artesia Christian College in 1989 and includes a full range of facilities for conducting basic and advanced law enforcement training for multiple federal agencies.
In addition, the FLETC-OAO has been the home of the Bureau of Indian Affairs (BIA) Indian Police Academy (IPA) since 1992, where training is conducted by the FLETC- OAO staff for BIA and tribal police.
In support of the significant growth in various training programs, the FLETC-OAO facility has expanded. The site contains basic support facilities such as numerous buildings containing classrooms and labs. The firearms complex includes both indoor and outdoor ranges.
Some facilities include a dining hall, a convenience store, and housing. However, it is the dotted landscape of portable buildings that is the true sign of rapid growth. These buildings were constructed to provide additional labs, classrooms, and office space. Construction and expansion of facilities include several new buildings detention facility, and an Auditorium.
This new project is located at the southeast corner of Beltsville Street and FLETC Avenue (as seen in aerial image #1 below) and will consist of the removal of an existing paved parking lot for the construction of up to 30 new modular type buildings. Additional site activities include relocation of existing utilities, installation of new utilities, and all associated ancillary services and/or appurtenances.
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Department of Homeland Security/FLETC-OAO NPDES permit No. NMR100491
Inspection Date September 29, 2021
Aerial Image #1 Overall view of the FLETC-OAO Facility. Aerial from Google Earth. Section II - OBSERVATIONS I observed the following and the following information was provided and/or stated
The Notice of Intent (NOI) for the FLETC-OAO dormitories was filed on September 30, 2021 and became effective on October 14, 2021 in the name of David Blanchard (Whiting-Turner). Additionally, it states the Project Start Date (PSD) as September 6, 2021 and a Project End Date (PED) as August 2, 2022. Note: Mr. Blanchard stated he was unaware of the permit requirement at the time of the inspection.
Whiting-Turner staff, who prepared the FLETC-OAO Dormitory Stormwater Pollution Prevention Plan (SWPPP), was not available on-site. Note: an electronic version of the SWPPP was forwarded via email indicating a completion date of October 7, 2021.
Section III - SUMMARY/AREAS OF CONCERN The entire evaluation can be summarized as follows:
Whiting-Turner on-site contractor at the FLETC-OAO operated without permit coverage for an approximate 1 -month period (September 6, 2021 to October 14, 2021).
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Department of Homeland Security/FLETC-OAO NPDES permit No. NMR100491
Inspection Date September 29, 2021 Whiting-Turner prepared FLETC-OAO Dormitory Stormwater Pollution Prevention Plan (SWPPP)
was not available on-site. Note: an electronic version of the SWPPP was forwarded via email indicating a SWPPP completion date of October 7, 2021. I conducted a closing conference at the FLETC-OAO dormitory project location on September 29, 2021 for the inspection. Section V - FOLLOW UP The following information and/or clarification was received by EPA after exiting the FLETC-OAO on September 29, 2021: Electronic copy of the Notice of Intent prepared by Mr. David Blanchard (Whiting-Turner) (NMR100491) and filed on September 30, 2021. Electronic copy of the Whiting-Turner prepared SWPPP, dated October 7, 2021. Section VI - LIST OF APPENDICES Appendix 1 - FLETC-Dormitories (prepared by Contractor) Notice of Intent- NMR100491
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Department of Homeland Security/FLETC-OAO NPDES permit No. NMR100491
Inspection Date September 29, 2021
Appendix 1
FLETC-Dormitories (prepared by Contractor) Notice of Intent- NMR100491
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 identified in Section III of this form requests authorization to discharge pursuant to the NPDES Construction General Permit (CGP) permit number identified in Section II of this form. Submission of this NOI also constitutes notice that the operator identified in Section III of this form m eets the eligibility requirem ents of Part 1.1 CGP for the project identified in Section IV of this form . Perm it coverage is required prior to com m encem ent of cons truction activity until you are eligible to term inate coverage as detailed in Part 8 of the CGP. To obtain authorization, you m us t subm it a com plete and accurate NOI form . Dis charges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for permit coverage. Refer to the instructions at the end of this form.
Permit Information
NPDES ID: NMR100491
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/201905/documents/final_2017_cgp_appendix_a_-_definitions.pdf)? No
Have stormwater discharges from your current construction site been covered previously under an NPDES permit? No
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/2017-02/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 nonstormwater discharges listed in Parts 1.2.1 and 1.2.2 will be discharged, they must be covered under another NPDES permit. Yes
Operator Information
Operator Information Operator Name: David Blanchard Operator Mailing Address: Address Line 1: 6305 Ivy Lane Address Line 2: ZIP/Postal Code: 88210 County or Similar Division: Prince George's
City: Greenbelt State: MD
Operator Point of Contact Information First Name Middle Initial Last Name: David C Blanchard
Title: Project Manager
Phone: 443-677-3449
Ext.:
Email: David.blanchard@whiting-turner.com
NOI Preparer Information
This NOI is being prepared by someone other than the certifier.
First Name Middle Initial Last Name: David
Blanchard
Organization: Whiting-Turner Contracting Company
Phone: 443-677-3449
Ext.:
Email: david.blanchard@whiting-turner.com
Project/Site Information
Project/Site Name: FLETC-Dormitories
Project/Site Address Address Line 1: 1300 West Richey Avenue Address Line 2: ZIP/Postal Code: 88210 County or Similar Division: Eddy
City: Artesia State: NM
Latitude/Longitude: 32.8592N, 104.4169W Latitude/Longitude Data Source: AutoCAD Civil 3D Project Start Date: 09/06/2021
Horizontal Reference Datum: NAD 83
Project End Date: 08/02/2022
Estimated Area to be Disturbed: 3.25
Types of Construction Sites: Multi-Fam ily Res idential
Will there be demolition of any structure built or renovated before January 1, 1980? No
Was the pre-development land use used for agriculture? No
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 Information
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/2017-02/documents/2017_cgp_final_appendix_f__tier_3_tier_2_and_tier_2.5_waters_508.pdf) No
001: Pecos River
Latitude/Longitude: 32.858681N, 104.417353W Tier Designation: N/A Is this receiving water impaired (on the CWA 303(d) list)? Yes Impaired Pollutants:
E. coli Has a TMDL been completed for this receiving waterbody? No
Stormwater Pollution Prevention Plan (SWPPP)
First Name Middle Initial Last Name: Kelly Organization: Title: Woolpert- SWPPP POC Phone: 618-632-6094 Email: kelly.stedman@woolpert.com
Stedm an Ext.:
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.):
The exiting site is a parking lot. The proposed project consists of removing the parking lot to construct a dormitory for trainees at the federal training center.
Historic Preservation
Are you installing any stormwater controls as described in Appendix E (https://www.epa.gov/sites/production/files/2017-02/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/201702/documents/2017_cgp_final_appendix_e_-_historic_properties_reqs_508.pdf), Step 1)
No
Certification Information
I certify under penalty of law that this docum ent and all attachm ents were prepared under m y direction or supervision in accordance with a system designed to as sure that qualified pers onnel properly gathered and evaluated the inform ation subm itted. Bas ed on m y inquiry of the person or persons who m anage the system , or those persons directly res ponsible for gathering the inform ation, the inform ation subm itted is, to the best of m y knowledge and belief, true, accurate, and com plete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and im prisonm ent for knowing violations. Signing an electronic docum ent on behalf of another person is subject to crim inal, civil, adm inistrative, or other lawful action. Certified By: DAVID BLANCHARD
Certifier Title: Project Manager
Certifier Email: david.blanchard@whiting-turner.com
Certified On: 09/30/2021 2:09 PM ET