Document gE6g7mRzKNzLV1opV49Rmdbkq

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION CITY VIEW PLAZA II BUILDING, 7TH FLOOR ROUTE 165 GUAYNABO, PUERTO RICO 00968 February 22, 2021 VIA ELECTRONIC MAIL Mr. Efran Gonzlez Caro President Hacienda Miramar, Inc. P. O. Box 781 Hormigueros, Puerto Rico 00660 Re: Request for Information Pursuant to Section 308 of the Clean Water Act Mirador del Sol Residential Development 2017 CGP NPDES ID: PRR10005J CEPD-CWA-02-IR-2020-015 Dear Mr. Gonzlez Caro: The United States Environmental Protection Agency ("EPA") is charged with the protection of human health and the environment under the Clean Water Act ("CWA" or the "Act"), 33 U.S.C. 1251 et seq. Section 308(a) of the CWA, 33 U.S.C. 1318(a), provides that whenever it is necessary to carry out the objectives of the CWA, including determining whether or not a person is in violation of Sections 301 and 402 of the CWA, 33 U.S.C. 1311 and 1342, respectively, EPA shall require the submission of any information reasonably necessary to make such a determination. Under the authority of Section 308 of the CWA, EPA may require the submission of information necessary to assess the compliance status of any facility and its related appurtenances. As part of the response to the request for information, under identification number CEPD-CWA-02-IR2019-002, issued to Karimar Construction, Inc., EPA learned that it operated a construction site known as Mirador del Sol ("Project" or "Site") located in Cabo Rojo, Puerto Rico. To validate this information, on February 9, 2021, EPA reviewed its databases (https://permitsearch.epa.gov/epermit-search/ui/search and https://echo.epa.gov/) to determine National Pollutant Discharge Elimination System ("NPDES") permitting status for the Project, and found that Hacienda Miramar, Inc. ("HMI") submitted an electronic Notice of Intent ("eNOI") on May 1, 2019, seeking coverage under the 2017 National Pollutant Discharge Elimination System ("NPDES") General Permit for Discharges from Construction Activities" ("2017 CGP" or "CGP") for the Project.1 On May 15, 2019, EPA granted 2017 CGP coverage for the Project under NPDES tracking number PRR10005J. 1 Based on EPA's review of public aerial imagery and the information that HMI included in the eNOI, earth movement activities at the Site began on or before January 2014. 1 Request for Information Under the authority of Section 308 of the CWA, and as provided in Part I.9 of the 2017 CGP2, EPA issues this Request for Information ("RFI") to HMI pursuant to the authority vested in the Administrator of EPA by Section 308(a) of the CWA. This authority has been duly delegated to the Regional Administrator of Region 2, EPA, and since further re-delegated to the Director, Caribbean Environmental Protection Division. EPA will use the requested information to determine HMI's compliance with Sections 301(a) and 402(p) of the CWA, the NPDES stormwater permit application regulations codified in 40 C.F.R. 122.26, and the 2017 CGP. Instructions for Responding and Providing Information In responding to this RFI, please apply the following instructions, definitions and information: a. The signatory should be an officer or agent who is authorized to respond on behalf of HMI pursuant to the signatory requirements regulations codified at 40 C.F.R. 122.22. b. A complete separate response must be made to each individual question in this RFI. Identify each answer with the number of the question to which it is addressed and precede each answer with the question to which it is addressed. c. Interpret "and" as well as "or" to include within the scope of the question as much information as possible. If two interpretations of a question are possible, use the one that provides more information. d. In preparing your response to each question, consult with all present and former employees, agents and/or contractors whom you have reason to believe may be familiar with the matter to which the question pertains, regardless of whether the source is in your immediate possession. e. In answering each question, identify all contributing sources of information. f. If you are unable to answer a question in a detailed and complete manner or if you are unable to provide any of the information or documents requested, indicate the reason for your inability to do so. If you have reason to believe that there is an individual who may be able to provide more detail or documentation in response to any question, state that person's name and last known address and phone number and the reasons for your belief. g. If anything is deleted from a document produced in response to this RFI, state the reason for and the subject matter of the deletion. h. For each document produced in response to this RFI, indicate on the document or in some other reasonable manner, the number of the question to which it applies. If a document is requested but is not available, state the reason for its unavailability. 2 The permittee must also submit to upon request, copies of records required to be kept by the 2017 CGP. 2 i. For terms referred in this letter, you will find its meaning in Section 502(5) of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. j. When referring to the "construction activities" at the Project, HMI shall include all those activities that involved earth movement activities within the Site, as defined in Appendix A - Definitions and Acronyms of the 2017 CGP. The 2017 CGP is found at https://www.epa.gov/npdes/2017-construction-general-permit-cgp. 82 Fed. Reg. 6534 (Jan. 19, 2017). Documents and Information Requested Pursuant to Section 308(a) of the CWA, please submit the following information: 1. The name of the owner(s) of the Site, and their addresses, phone numbers, and emails. 2. The names of all past and present contractors engaged in conducting clearing, grading and/or excavation activities during the construction of the Project. Include a description of their roles and respective activities during the construction of the Project, their addresses, phone numbers, emails and names of their officers. 3. A copy of the construction contracts between HMI and all past and present contractors engaged in conducting clearing, grading and/or excavation activities at the Site. If there was an oral agreement to conduct these activities, please explain the terms of such agreement and the names of the persons involved. 4. The date when earth movement activities started at the Site. Indicate the name of the entity that initiated the earth movement activities at the Site. 5. The total area of surface soil (in acres) that has been disturbed at the Site as of the date of this letter. 6. The total area of surface soil (in acres) that will be disturbed at the Site at the completion of the construction activities. 7. The date when construction activities at the Site are expected to be completed. Refer to Part 8 of the 2017 CGP. 8. A legible copy of any land surveys, soil studies, and hydrologic/hydraulic studies that had been prepared for the Site. Include any legible picture depicting the areas in the Site were earth movement activities had been conducted as of the date of this letter. 9. A color copy of all available aerial photographs taken by HMI during the construction of the Project. 10. A description of the erosion and sediment controls and soil stabilization practices that had been applied at the Site since prior to the initiation of earth movement activities to the date of this letter. Refer to Part 2 of the 2017 CGP. 3 11. A legible map showing the features of the Site. Indicate in the legible map, the areas of the Project impacted by the earth movement activities and the areas in which soil stabilization had been applied. Refer to Part 2.2.14 of the 2017 CGP. 12. A copy of the inspection reports from the initiation of the earth movement activities up to the date of this letter. Indicate the names of the individuals that performed the site inspections and their qualifications to conduct the inspections.3 Refer to Part 4 of the CGP. 13. A copy of all corrective action reports from the initiation of the earth movement activities up to the date of this letter. Refer to Part 5 of the 2017 CGP. 14. A copy of the Storm Water Pollution Prevention Plan ("SWPPP"), including amendments thereto, developed for the Project. Refer to Part 7 of the 2017 CGP. 15. A copy of the projected schedule for the Project. Refer to Part 7.2.3.f. of the 2017 CGP. 16. A detailed description of how storm water runoff was managed at the Site since the initiation of the earth movement activities to the date of this letter. Refer to Part 7.2.6 of the 2017 CGP. 17. A copy of all staff training documentation for the Project. Refer to Part 7.2.8 of the 2017 CGP. Time and Delivery of Documents and Information You are required to fully respond to the requested information within thirty (30) calendar days of receipt of this letter. Because of the ongoing COVID-19 pandemic, electronic delivery is strongly encouraged.4 To the extent possible, any documents to be submitted in response to this RFI should be in Portable Document Format ("PDF"). The requested information should be sent to the following EPA officials: Jos A. Rivera, BSCE Team Leader Clean Water Act Team Multimedia Permits and Compliance Branch Caribbean Environmental Protection Division U.S. Environmental Protection Agency, Region 2 City View Plaza II - Suite 7000 #48, PR-165, Km 1.2 Guaynabo, Puerto Rico 00968-8069 Tel.: (787) 977-5849 Email: rivera.jose@epa.gov and 3 Part 4.1.1 of the 2017 CGP defines the term "qualified person", as a person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions at the construction site that could impact stormwater quality, and the skills to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of the 2017 CGP. 4 The EPA office in Guaynabo, Puerto Rico, is not currently accessible to the public and not able to receive documents by personal delivery. 4 Jaime Lpez Senior Physical Scientist Clean Water Act Team Multimedia Permits and Compliance Branch Caribbean Environmental Protection Division U.S. Environmental Protection Agency, Region 2 City View Plaza II - Suite 7000 #48, PR-165, Km 1.2 Guaynabo, Puerto Rico 00968-8069 Tel.: (787) 977-5851 Email: lopez.jaime@epa.gov. If you are without access to a computer and must submit the response by U.S. mail, you should notify the above indicated EPA officials when a document is sent in such a manner. Your response shall include the following certification: "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 qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The EPA acknowledges that the COVID-19 pandemic may be impacting HMI's operations. If that is the case, EPA will consider, at its sole discretion, HMI's specific circumstances that could affect a timely response to this RFI, while ensuring that the EPA receives the relevant information it needs to effectively evaluate HMI's compliance with Sections 301(a), 308(a) and 402(p) of the CWA. Therefore, HMI should contact the designated EPA officials in a timely manner for further instructions. Failure to comply in all respects with this RFI within the time specified above may result in the initiation of an enforcement action under Section 309 of the Act, 33 U.S.C. 1319, under which injunctive relief and penalties may be sought. Such an enforcement action may include the assessment of penalties of up to $56,460 per day for each day of continued non-compliance. Please be advised that you are under a continuing obligation to supplement the response if information not known or not available to you as of the date of submission of your response should later become known or available to you. In this instance, you must supplement your response to EPA within five (5) business days. If at any time in the future you obtain or become aware of additional information or find that any portion of the submitted information is false, misleading or misrepresents the truth, you must notify EPA of this fact immediately and provide a corrected response within five (5) business days. If any part of the response is found to be untrue, you may be subject to criminal prosecution. This RFI is not subject to the approval requirements of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501-3520. You may, if you so desire, assert a business confidentiality claim covering all or part of the information requested by this letter. A business confidentiality claim may be asserted by placing on 5 (or attaching to) the information, at the time it is submitted, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret" or "proprietary" or "company confidential." Information covered by such a claim will be disclosed by EPA only in accordance with and by means of procedures set forth in Sub-part B, 40 C.R. Part 2. If no such claim accompanies the information contained in the response to this RFI when it is received by EPA, it may be made available to the public by EPA without further notice to you. You should read the above-cited statutory and regulatory provisions carefully before asserting a business confidentiality claim, since certain categories of information are not properly the subject of such a claim. Allegedly confidential portions of otherwise non- confidential documents should be clearly identified by you. If you desire confidential treatment of information only until a certain date or until the occurrence of a certain event, your response should state so. EPA encourages you and your staff to become familiar with the Small Business Resource Information Sheet which is available at https://www.epa.gov/compliance/small-business-resources-information-sheet. This Information Sheet provides an array of resources, including workshops, training sessions, hotlines, websites and guides, to help small businesses understand and comply with federal and state environmental laws. In addition to helping small businesses understand their environmental obligations and improve compliance, these resources will also help such businesses find cost-effective ways to comply through pollution prevention techniques and innovative technologies. If you have any questions concerning this RFI, please contact the EPA officials identified herein above. Sincerely, CARMEN Digitally signed by CARMEN GUERRERO PEREZ GUERRERO PEREZ -04'00' Date: 2021.02.22 13:27:04 Carmen R. Guerrero Prez Director Caribbean Environmental Protection Division cc: Eng. Hctor Morales, Project Manager (via email) 6