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EPA REGION 6 Enforcement and Compliance Assurance Division INSPECTION REPORT Inspection Entry Date/Time Inspection Exit Date/Time Weather Media Statute(s)/Program(s) Type of Inspection 09/13/2023 10:40 AM (MT) 09/13/2023 01:33 PM (MT) Announced: No Access: Granted Water Clean Water Act, NPDES, Industrial Compliance Evaluation Inspection (CEI) Permittee Name Facility or Site Name Facility/Site Physical Address City, State, Zip Code County/Borough/Parish Facility GPS Coordinates Mailing Address (If different) City, State, Zip Code State of New Mexico Department of Game & Fish Rock Lake State Hatchery Off River Rd., approximately 5-miles southeast Guadalupe County, NM 87504 34.912578, -104.668584 FRS ID 110064606715 Permit Number(s) (If Applicable) NM0030155 SIC and/or NAICS 0921 Regulatory Representatives Participating in Inspection: Title Name Program Manager, Point Source Regulations Section NMED Manager / Inspector Susan A. Lucas Kamat Jason Martinez Organization NMED NMED Lead Inspector: Kenneth Aubuchon [Signature] Digitally signed by KE[NDNaEtTeH] AUBUCHON KENNETH AUBUCHON Date: 2023.12.12 08:35:26 -06'00' EPA REGION 6 aubuchon.kenneth@epa.gov (281) 983-2151 Supervisor Review: Roberto Bernier [RSigOnaBtuEreR] TO BERNIER Digitally signed by RO[BDEaRtTeO] BERNIER Date: 2023.12.12 11:39:06 -06'00' EPA REGION 6 bernier.roberto@epa.gov (214) 665-8376 1 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 SECTION I - INTRODUCTION Site Entry and Inspection Objectives EPA REGION 6 Lead Inspector, Kenneth Aubuchon, arrived at the Rock Lake State Hatchery (the "Site" or "Facility"), located at Off River Rd., approximately 5-miles southeast, Guadalupe County, NM 87504, at 10:40 AM (MT) on 09/13/2023 for an unannounced inspection. EPA REGION 6 Lead Inspector presented credentials to Max Tenorio and informed them that this was an EPA REGION 6 inspection to determine compliance as authorized by Clean Water Act (CWA) Section 308 and implementing regulations. This report is based on information supplied by Rock Lake State Hatchery representatives, direct observations made by the EPA REGION 6 inspector, records and reports maintained by the permittee and other information including: photographs taken by EPA REGION 6 inspector(s), physical evidence collected by the EPA REGION 6 inspector(s), measurements taken by EPA REGION 6 inspector(s), verbal or written statements made by information supplied by Rock Lake State Hatchery representatives during or subsequent to the on-site Inspection, and materials, processes, data, photographs, or documents shown, demonstrated, or submitted to the EPA REGION 6 inspector(s) by Rock Lake State Hatchery representatives during or subsequent to the on-site Inspection. In addition, information gathered prior to or subsequent to the Inspection from a review of EPA, State, and/or public records may be included in this report. At the opening meeting, inspection objectives were covered. Mr. Tenorio explained that currently maintenance on the cold-water rearing area was being conducted and did not house any fish at that time. We discussed that the facilities permit renewal was due 180 days prior to the current permit expiration date. Photo(s) 1. P1010030.JPG 2. P1010037.JPG Attendees Organization Attendee Name EPA REGION 6 Kenneth Aubuchon NM Dept. of Game and Max Tenorio Fish NMED Susan A. Lucas Kamat NMED Jason Martinez Title Lead Inspector Hatchery Manager Program Manager, Point Source Regulations Section NMED Manager / Inspector Present in Opening Conf. Yes Yes Present in Closing Conf. Yes Yes Yes Yes Yes Yes 2 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Facility/Site Description EPA REGION 6 lead inspector confirmed the following facility information: Rock Lake Hatchery is permitted for an average discharge of roughly 4.23 MGD (million gallons per day) and is classified as a minor industrial discharger under the Federal Clean Water Act, Section 402, of the National Pollutant Discharge Elimination System (NPDES) permit program. The facility is listed under SIC 0921 and assigned NPDES permit number NM0030155. This permit regulates the discharge to the Ortega-Borsich drainage ditch or to the Pecos River in Segment 20.6.4.211 of the Pecos River Basin per the State of New Mexico Standards for Interstate and Intrastate Surface Waters, 20.6.4 NMAC. This segment includes the designated uses of fish culture, irrigation, marginal warmwater aquatic life, livestock watering, wildlife habitat and secondary contact. The hatchery receives water from Rock Lake. Rock Lake is an artesian spring-fed lake that gravity feeds the hatchery. It is 290-feet (88 m) in deep and its water is year around at 60-degree F (15 C). Rock Lake delivers 3,000 to 3,500 gallons per minute of spring water to the hatchery. This underground spring may also feed the nearby smaller Swan Lake. The hatchery receives overflow water that is collected in a supply line approximately 50 feet below the surface in order to reduce pathogen introduction into the hatchery system. There are no pumps or siphons associated with the system. Historically, Rock Lake overflowed to downstream irrigators and/or was discharged into the Pecos River. When the hatchery was built, the Department entered into an agreement with local irrigators to allow the hatchery to divert the water for hatchery use, requiring the hatchery to return the water back to the Ortega-Borsich ditch or the Pecos River. The water is passively aerated by allowing it to flow over a series of steps before being divided between the cold-water raceways and the warm water rearing ponds. The Rock Lake State Fish Hatchery began operation in 1965. The hatchery historically raises cold-water fish species such as rainbow trout. After acquiring an additional 140 acre-feet of water rights and approximately 30 acres of undeveloped land adjacent to the existing hatchery property, New Mexico Game & Fish improved the facilities capability for spawning and rearing of warm-water and cool-water fish species including catfish, bass, walleye, bluegill, tiger musky, and crappie. There are 18 oneacre ponds and two quarter-acre ponds that discharge to Outfall 004. All ponds were lined with an impermeable membrane. The system also consists of two sets of covered parallel raceways consisting of 16 raceways and two kettles providing 18 rearing units for cold-water production discharging to Outfall 003. The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. Photo(s) 1. P1010036.JPG 2. P1010040.JPG 3. P1010041.JPG 4. P1010043.JPG 5. P1010042.JPG 6. P1010045.JPG 7. P1010046.JPG 3 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Facility/Site Information Industrial Sector/Sub- Industry: 0921--Fish Hatcheries and Preserves Establishments primarily engaged in sector operating fish hatcheries or preserves. Is the process discharge a batch, continuous or combination? Continuous Discharges Type of Operation Fish Hatchery What is the principal Fish product generated? Do you use in-house or contract out for laboratory analyses? Or both? Contract Only Location(s) Location/Area/Sub-area Combined Outfall 001 Outfall 003 Outfall 004 Outfall 01B Description The flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into 2 settling basins that discharge to Outfall 001. The cold-water system consists of two sets of covered parallel raceways consisting of 16 raceways and 2 kettles providing 18 rearing units for cold-water production discharging to Outfall 003. There are 18 one-acre ponds and two quarter-acre ponds that discharge to Outfall 004. All ponds were lined with an impermeable membrane. OUTFALL 01B (Special Testing) - Non-FDA Approved Drugs, Medications and/or Chemicals SECTION II - OBSERVATIONS Location: Outfall 01B Observation #: KA1-OB-001 Date: 09/13/2023 Weather: The facility is allowed to discharge hatchery wastewater containing either non-approved Food and Drug Administration (FDA) drugs, medications, or chemicals (DMC), or DMC used in a manner not consistent with FDA approval, to Ortega-Borshich ditch thence all to irrigation and/or thence partially to irrigation and partially to the Pecos River in segment No. 20.6.4.211 from combined outfall (Outfall 001). Such discharges shall be limited and monitored by the permittee and reported as Outfall 01B, as specified in the permit. Mr Tenorio explained that these drugs, medications, and chemicals are not used at the facility. 4 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Location: Combined Outfall 001/Outfall 004 Observation #: KA1-OB-002 Date: 09/13/2023 Weather: A copy of the scope of work for SDV to complete maintenance on the cold-water rearing area. SDV Construction, Inc. provided a base bid cost of $144,652.86. Document(s) 1. SDV rock lake aeration table and building proposal .pdf 2. Rock Lake Hatchery Request.pdf Location: Combined Outfall 001/Outfall 004 Observation #: KA1-OB-003 Date: 09/13/2023 Weather: Scope of Work for the Aeration building cold-water: Work shall include complete removal of existing pro panel sidewalls and roof. Installation of new pro panel on side walls and roof. Will also require the contractor to install screen vents one foot above sub grade and below gables. Contractor will also replace building support fasters as needed on the existing beam support structure within the building. Location: Combined Outfall 001/Outfall 004 Observation #: KA1-OB-004 Date: 09/13/2023 Weather: Scope of Work for the aeration tables: Work shall include complete removal and disposal of existing aeration tables. Fabrication and installation of new aeration tables. All tables are constructed with polywood (trex) material for longevity and support. SECTION III - RECORDS REVIEW Records may not be in sequential order. Record: Laboratory Analysis Reports Ref #: KA1-RR-001 Reviewed By: Kenneth Aubuchon AOC: No Reviewed Date: 09/13/2023 Reviewed effluent compliance sampling logs for January 2023 and sample reports from Scientific Laboratory Division. SECTION IV - SAMPLING ACTIVITIES AND ANALYTICAL RESULTS No sampling was conducted. 5 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 SECTION V - AREA OF CONCERN I observed no Area(s) of Concern at the time of the inspection. SECTION VI - CLOSING CONFERENCE AND FOLLOW UP Closing Conference The EPA REGION 6 Lead Inspector held a closing conference with Facility personnel at 01:33 PM (MT) on 09/13/2023 for the inspection. During the closing conference, EPA REGION 6 Lead Inspector discussed the observations and Area(s) of Concern identified during the inspection. Observations and Area(s) of Concern have not yet been evaluated for a formal compliance determination. Follow Up No follow up was required after exiting the facility on 09/13/2023. Communication Log No additional information received by EPA REGION 6 after exiting the Facility on 09/13/2023. SECTION VII - LIST OF APPENDICES 1. Photo Log 2. Document Log 6 of 12 Rock Lake State Hatchery Inspection Date(s): APPENDIX 1: PHOTO LOG 09/13/2023 - 09/13/2023 In flow from Rock Lake P1010030.JPG 09/13/2023 No CBI No PII Photographer: Kenneth AuBuchon Rock Lake delivers 3,000 to 3,500 gallons per minute of spring water to the hatchery. Settling Ponds P1010037.JPG 09/13/2023 No CBI No PII Photographer: Kenneth AuBuchon The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. 7 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Settling Ponds P1010036.JPG 09/13/2023 No CBI No PII [Photographer] The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. Outfall 001 P1010040.JPG 09/13/2023 No CBI No PII Photographer: Kenneth AuBuchon The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. 8 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Outfall 001 P1010041.JPG 09/13/2023 No CBI No PII Photographer: Kenneth AuBuchon The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. Settling Ponds P1010043.JPG 09/13/2023 No CBI No PII Photographer: Kenneth AuBuchon The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. 9 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Outfall 001 P1010042.JPG 09/13/2023 No CBI No PII Photographer: Kenneth AuBuchon The combined flow of warmwater (Outfall 004) and cold-water (Outfall 003) combine before discharging into two settling basins that discharge to Outfall 001. Warmwater Pond 09/13/2023 Liner in warmwater pond No CBI No PII P1010045.JPG Photographer: Kenneth AuBuchon 10 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 Warmwater Pond 09/13/2023 Warmwater pond liner. No CBI No PII P1010046.JPG Photographer: Kenneth AuBuchon 11 of 12 Rock Lake State Hatchery Inspection Date(s): 09/13/2023 - 09/13/2023 APPENDIX 2: DOCUMENT LOG Document Type Other - Scope of Work Other - Scope of Work Document Name SDV rock lake aeration table and building proposal.pdf Rock Lake Hatchery Request.pdf Contains Contains Uploaded By CBI PII No No Kenneth Aubuchon No No Kenneth Aubuchon Date Received 09/14/2023 09/14/2023 12 of 12