Document rB06934MRmZx2v8ZJ9NrE48br

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: 03/12/2025 Water CWA GCC Rio Grande, Inc. Tijeras Plant 11783 State Highway 337 South Tijeras, NM 87059 Post Office Box 100 Tijeras, NM 87059 Bernalillo 505-286-6081 Samantha Kretz Environmental Manager - South Region skretz@gcc.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: 110000600831 NMR053190 N/A 327310 3241 Personnel participating in inspection: Samantha Kretz GCC Rio Grande, Inc. Miranda Moore David A Esparza, P.E. GCC Rio Grande, Inc USEPA/ECDWM Environmental Manager - South Region Environmental Engineer Environmental Engineer EPA Lead Inspector Signature/Date DAVID ESPARZA Date: 2025.04.08 12:06:25 -06'00' Digitally signed by DAVID ESPARZA David Esparza Date Supervisor Signature/Date ROBERTO BERNIER Roberto Bernier Digitally signed by ROBERTO BERNIER Date: 2025.04.14 09:54:36 -05'00' Date 6ENFORM-019-R8.2 (02/12/2020) 1 Section I - INTRODUCTION GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date: 03/12/2025 PURPOSE OF THE INSPECTION United States Environmental Protection Agency (EPA) Region 6 inspector David Esparza, Professional Engineer (PE), arrived at the Grupo Cementos de Chihuahua (GCC)-Rio Grande Portland-Tijeras Plant (Rio Grande Portland) at approximately 0930 AM on March 12, 2025, for an unannounced inspection. The EPA inspector presented his credentials to Ms. Samantha Kretz, Environmental Manager - South Region and Ms. Miranda Moore, Environmental Engineer and informed them that this was an EPA inspection to determine the facility's compliance under the Clean Water Act (CWA) and the requirements of the National Pollutant Discharge Elimination System (NPDES) permit program, in accordance with the CWA. The generation of this report is based on information supplied by Rio Grande Portland representatives, observations made by the EPA inspector, New Mexico Environment Department (NMED) and records and reports maintained by the permittee (Rio Grande Portland), and the EPA. Before leaving the facility on March 12, 2025, an exit briefing was held with Ms. Kretz and Ms. Moore to explain areas of concern noted at the time of the inspection. FACILITY DESCRIPTION Rio Grande Portland owns and operates the Tijeras Mine and Mill consisting of a Portland cement plant and multiple open pit limestone quarries. The facility operations are in Bernalillo County in the East Mountain area approximately fifteen miles east of Albuquerque, New Mexico, near the Village of Tijeras. at 11783 State Highway 337 on approximately 2,100-acres (depicted in Aerial Image #1 below). The site is bordered on the west and east by U.S. Forest Service land within the Cibola National Forest. The U.S. Department of Energy also owns land adjacent to the southern boundary. The site is bordered by private land on the north and east. The mine and mill have been in operation since 1959. Ideal Basic Industries began construction and development of the site in 1958. Holnam, Inc. acquired the property and its operations in 1990. In 1995, GCC-Rio Grande Inc. purchased the site and the facility. Currently Outfall 001 is the only permitted discharge utilized for stormwater runoffs under NPDES permit NM000116 from quarry, storage and production areas, cooling and/or cleaning water, and well water. Additional, discharges of storm water runoff from outfalls other than Outfall 001 are through Outfall 002 and Outfall 003 and are permitted under the NPDES Multi-Sector General Permit (MSGP) (NMR053190) for stormwater discharges associated with industrial activity. In the event of a discharge occuring, the surface flows would traverse into unclassified reaches of Corral Canyon, thence to Tijeras Canyon, thence to a classified reach of the Rio Grande. 2 GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date: 03/12/2025 Aerial Image #1- Overall view of the GCC Rio Grande Portland- Tijeras Plant. Aerial from Google Earth. Treatment Scheme/Process The predominant raw material used in the process is limestone, which is extracted from a quarry adjacent to the plant. Other raw materials, including silica, alumina, and iron are transported to the site via truck. Raw milling involves mixing and grinding the raw materials to provide the kiln feed with the correct chemical and physical properties. The milling ensures optimal fuel efficiency in the cement kiln and strength in the final concrete product. The plant uses a dry milling process to prepare the kiln feed. This means that the materials are dried before or during the grinding process and no water is added. In Pyroprocessing (kilns), the raw materials are heated to produce an intermediate product referred to as Portland cement clinker. The kiln system consists of preheating, calcining (a process in which calcium oxide is formed), and burning (reaction of the oxides to form clinker). The clinker cooling operation recovers approximately 30% of kiln system heat, preserves product quality, and enables the cooled clinker to be handled by belt conveyors. The facility uses reciprocating grate coolers. Air sent through the clinker to cool it is directed to the rotary kiln where it nourishes fuel combustion. Conveyors then transfer the clinker to a covered storage pile until the product is moved to the finish mill. Section II - OBSERVATIONS The following points of discussion are derived from review of information provided by GCC Rio GrandePortland representatives, or on-site visual observations. Note: the entire Stormwater Pollution Prevention Plan (SWPPP) was reviewed, inclusive of inspection reports, and site plans/maps (updated in July 2024). The current Notice of Intent (NOI) was filed on May 28, 2021, and became effective on June 27, 2021, in the name of GCC Rio Grande, Inc. The facility maintains two (2) above-ground storage tanks (ASTs). These ASTs are double walled and situated within a containment vault. Discharges authorized under NPDES permit NM0000116 are limited to cooling water, cooling tower blowdown, and storm water from the adjacent areas. Discharges of storm water runoff 3 GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date: 03/12/2025 from outfalls other than Outfall 001 are through Outfall 002 and Outfall 003 permitted under NPDES MSGP NMR053190. The facility had secure perimeter fencing; thus, limiting access. The overall operations and maintenance (O&M), and general facility housekeeping appeared to be in good order in the portions that were observed. Section III - AREAS OF CONCERN I observed no areas of concern at the time of the inspection EPA Region 6 inspector David Esparza conducted a closing conference at Rio Grande Portland/Tijeras Plant at approximately 12:30 PM on March 12, 2025, for the inspection. Section IV - RECOMMENDATIONS Install or place wattles or similar Best Management Practices (BMPs) around Outfall 002 to prevent potential stormwater obstruction during an event. Remain cognizant of vagrant debris causing obstructed flow at the entrance to Outfall 003, potentially resulting in overtopping or undermining of roadway. Section V - FOLLOW UP The following information was received by EPA on March 21, 2025, after exiting the Facility on March 12, 2025: Current/complete Stormwater Pollution Prevention Plan (SWPPP) dated July 2024 Complete Analytical results Section VI - LIST OF APPENDICES Appendix 1 - Photo Log - 4 photos taken 3/12/25 Appendix 2 - Tijeras Plant Site Detail Map Appendix 3 - Property Boundaries with Drainage Areas Identified Appendix 4 - Tijeras Plant Notice of Intent 4 GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date 03/12/2025 Appendix 1 Photograph Log UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: GCC-Rio Grande Portland- Tijeras Plant City: Tijeras County/Parish: Bernalillo State: New Mexico View of drop drain located at Outfall 002. (IMG_0280). (Photographed 03/12/2025: 12:01 PM) Photographed by D. Esparza. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: GCC-Rio Grande Portland- Tijeras Plant City: Tijeras County/Parish: Bernalillo State: New Mexico Another view of the drop drain at Outfall 002 looking approximately Northeast. Note: the slope towards the drain. (IMG_0281). (Photographed 03/12/2025: 12:01 PM) Photographed by D. Esparza UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: GCC-Rio Grande Portland- Tijeras Plant City: Tijeras County/Parish: Bernalillo State: New Mexico View of the obstructed culverts at the entrance to Outfall 003 adjacent to State Highway 337 looking approximately Southeast. (IMG_0282). (Photographed 03/12/2025: 12:02 PM) Photographed by D. Esparza UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: GCC-Rio Grande Portland- Tijeras Plant City: Tijeras County/Parish: Bernalillo State: New Mexico Another view of Outfall 003 looking approximately Southeast towards State Highway 337. (IMG_0283). (Photographed 03/12/2025: 12:04 PM) Photographed by D. Esparza GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date 03/12/2025 Appendix 2 Tijeras Plant Site Detail Map & OUTFALL 001 (NPDES) POTENTIAL POLLUTANT SOURCES %,1 Iron Stockpile %,2 Alumina Stockpile %,7 Raw / Blended / Final Materials Tracking %,8 Calcium Cake %,13 Paints/Solvents %,14 Sediment %,3 Silica Stockpile %,9 Cement Kiln Dust %,4 Coal %,10 Diesel and Gasoline %,5 Gypsum %,11 New Oils, Lubricants, Antifreeze %,6 Clinker %,12 Used Oils, Lubricants, Antifreeze & Outfall 003 %,14 %,7 Outfall 002 %,14 %, & 0 120 240 480 720 960 Feet INSET TO THE LEFT SHOWS ACCESS ROAD AND OUTFALL 003 DETAIL %,6 %%% Crusher %,4 % % % Coal Storage Building % %,1 %,2 %,3 %,4 %,5 %,6 %,8 Raw Material Storage Warehouse % Maintenanc %,10 %,12 %,e /11 %,13 Electrical %,% % Kiln Dust% 9 % % Collector %, Building% % 9% % % % % % % Storage Warehouse / Small Welding Shop %, Coal 4 % "S Silo "S % % Mill %% % % % % % % "S %% % % % % % % Water Pump Oil Tank House Tank %,7 Storage Warehouse C%ement Storage Silos % %,5 % % % % % %% %% Mill % % % % % % %% %% % %,7 % Mill % % %,7 % % % % % % Offices Outfall 002 & Packing %,7 Building % Cement Storage % Silos % %,14 LOCATION MAP ^_ Surface Flow Direction (Concentrated) Surface Flow Direction (Sheet) & Stormwater Outfall %,1 Potential Pollutant Source Property Boundary (Approx.) MAP FEATURES Concrete Swale Concrete Wall Culvert "S Storm Drain (to Outfall 001) Outfall 002 / 003 Drainage Area Building Impervious Surface Sediment Pond % Dust Control Device Earthen Swale NDPES Outfall 001 Drainage Area 0 125 250 500 750 1,000 Feet REVISION DATE 5545 W. 56th Ave. Arvada, CO 80002 303-289-7520 www.aquionix.com GCC TIJERAS FACILITY SWPPP Figure 3 SITE DETAIL MAP DESIGNED BY: MT (Aquionix) SCALE: 1:2,400 DRAWN BY: MT (Aquionix) DATE DRAWN: 5/3/2021 DATA FRAME COORD SYSTEM: WGS_1984_Web _Mercator_Auxiliary_Sphere GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date 03/12/2025 Appendix 3 Property Boundaries with Drainage Areas Identified . Outfall 001 (NPDES Outfall) & REFER TO FIGURE 3 FOR SITE DETAIL MAP & Outfall 003 & Outfall 002 PLANT AREA Stormwater runoff in the north quarry area typically remains within the quarry for evaporation / infiltration via stormwater control measures (perimeter berming, and topography grading/sloping). Any stormwater runoff from north quarry access roads flowing north into the Plant Area is directed towards NPDES Outfall 001 via stormwater control measures (berming, grading, earthen swales and/or established vegetation). Stormwater runoff in the south quarry areas remain within the quarry for evaporation / infiltration via stormwater control measures (perimeter berming, and topography grading/sloping) Outfall 002 drainage area approximately 33 acres. Outfall 003 drainage area approximately 8.3 acres. Total Tijeras property area approximately acres. 0 0.125 0.25 0.5 LOCATION MAP ^_ 0.75 1 Miles MAP FEATURES Property Boundary (Approx.) & Stormwater Outfall (MSGP) & Stormwater Outfall (NPDES) Outfall 002 and 003 Drainage Area (Approx.) Outfall 001 (NPDES) Drainage Area (Approx.) REVISION DATE 5545 W. 56th Ave. Arvada, CO 80002 303-289-7520 www.aquionix.com GCC TIJERAS FACILITY SWPPP Figure 2 PROPERTY BOUNDARY MAP DESIGNED BY: MT (Aquionix) SCALE:1:16,000 DRAWN BY: MT (Aquionix) DATE DRAWN: 5/3/2021 DATA FRAME COORD SYSTEM: WGS_1984_Web _Mercator_Auxiliary_Sphere GCC Rio Grande, Inc./ Tijeras Plant Permit No: NMR053190 Inspection Date 03/12/2025 Appendix 4 Tijeras Plant Notice of Intent NPDES FORM 3510-6 Permit Inf ormation UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 NOTICE OF INTENT (NOI) FOR STORMWATER DISCHARGES ASSOCIATED W ITH INDUSTRIAL ACTIVITY UNDER THE NPDES MULTI-SECTOR GENERAL PERM IT FORM Approved OMB No. 2040-0004 Master Permit Number: NMR050000 NPDES ID: NMR053190 Eligibility Information State/territory where your facility is discharging: NM Does your facility discharge to federally recognized Indian Country lands? No Are you a "Federal Operator" as defined in Appendix A (https://www.epa.gov/sites/production/files/2021-01/documents/2021_msgp__appendix_a_-_definitions.pdf)? No Which type of form would you like to submit? Notice of Intent (NOI) By indicating "Yes" below, I confirm that I understand that the MSGP only authorizes the stormwater discharges in Part 1.1.2 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 Are you a new discharger or a new source as defined in Appendix A (https://www.epa.gov/sites/production/files/202101/documents/2021_msgp_-_appendix_a_-_definitions.pdf)? No Have stormwater discharges from your facility been covered previously under an NPDES permit? Yes If yes, provide your most current NPDES ID (i.e., permit tracking number) if you had coverage under EPA's MSGP or the NPDES permit number if you had coverage under an EPA individual permit: NMR053190 Are you discharging to any waters of the U.S. that are designated by the state or tribal authority under its antidegradation policy as a Tier 3 water (Outstanding National Resource water)? (See Appendix L (https://www.epa.gov/sites/production/files/202101/documents/2021_msgp_-_appendix_l_-_list_of_tier_3_tier_2_and_tier_2.5_waters.pdf)) No Do you anticipate the discharge of groundwater or spring water from your facility? No What is the legal name of the Operator as defined in Appendix A (https://www.epa.gov/sites/production/files/202101/documents/2021_msgp_-_appendix_a_-_definitions.pdf)? GCC RIO GRANDE, INC. What is the name of your facility or activity as defined in Appendix A (https://www.epa.gov/sites/production/files/202101/documents/2021_msgp_-_appendix_a_-_definitions.pdf)? GCC RIO GRANDE, INC. TIJERAS FACILITY Operator Inf ormation Operator Information Page 1 of 8 Operator Name: GCC RIO GRANDE, INC. Operator Mailing Address Address Line 1: 11783 Hwy 337 South Address Line 2: ZIP/Postal Code: 87059 County or Similar Division: Bernalillo City: Tijeras State: NM Operator Point of Contact Information First Name Middle Initial Last Name: Samantha Kretz Title: Env ironmental Engineer Phone: 505-286-6081 Ext.: Email: skretz@gcc.com Facility Inf ormation Facility Information Facility Name: GCC RIO GRANDE, INC. TIJERAS FACILITY Facility Address Address Line 1: 11783 HWY 337 SOUTH Address Line 2: PO BOX 100 ZIP/Postal Code: 87059 County or Similar Division: Bernalillo City: TIJERAS State: NM Latitude/Longitude for the Facility Latitude/Longitude: 35.071505N, 106.39033W Latitude/Longitude Data Source: Map Horizontal Reference Datum: WGS 84 General Facility Information What is the ownership type of the facility? Corporation Estimated area of industrial activity at your facility exposed to stormwater (rounded to the nearest quarter acre): 41.5 Is your facility presently inactive and unstaffed? No Exception f or Inactiv e and Unstaf f ed Facilities: The requirement f or indicator monitoring, impaired waters monitoring, and/or benchmark monitoring does not apply at a f acility that is inactiv e and unstaf f ed, as long as there are no industrial materials or activ ities exposed to stormwater. If circumstances change during the permit term that af f ect y our qualif ications f or this exception to monitoring requirements (i.e. industrial materials or activ ities exposure to stormwater or y our f acility 's activ e/inactiv e and staf f ed/unstaf f ed status) y ou must submit a NOI notif y ing EPA of the change in Page 2 of 8 circumstances. Sector-Specific Information Primary Sector: E Primary Subsector: E3 Primary SIC Code: 3241 Discharge Inf ormation By indicating "Yes" below, I confirm that I understand that the MSGP only authorizes the 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 authorized 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 Federal Effluent Limitation Guidelines Identify the Effluent Limitation Guideline(s) that apply to your stormwater discharges. 40 CFR Part/Subpart Eligible Discharges Part 411, Subpart C Runof f f rom material Storage piles at cement manuf acturing f acilities Affected MSGP Sector E New Source Date Applicability 02/20/1974 Does your facility have any discharges subject to this effluent limitation guideline? No Are you requesting permit coverage for any stormwater discharges subject to effluent limitation guidelines? No Other Discharge Information Do you anticipate the discharge of groundwater or spring water from your facility? No Does your facility discharge into a Municipal Separate Sewer System (MS4)? No Receiving Waters Information List all of the stormwater discharge points f rom y our f acility. Discharge Point 002: Applicable Sectors Select the Sectors/Subsector(s) that apply to this discharge point. Sector Subsector E - GLASS, CLAY, CEMENT, E3 - Flat Glass; Glass and Glassware, Pressed or Blown; Glass Products Made of CONCRETE, AND GY PSUM Purchased Glass; Hy draulic Cement; Cut Stone and Stone Products; Abrasiv e, Asbestos, PRODUCTS and Miscellaneous Nonmetallic Mineral Products SIC/Activity Code 3241 Page 3 of 8 Latitude/Longitude: 35.071944N, 106.388889W This discharge point is Substantially Identical to an existing discharge point. Receiving Water GNIS Name: n/a Waterbody Name: Unnamed Waterbody Is this receiving water saltwater or freshwater? Freshwater Listed Water ID: n/a Is this receiving water 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)? No Will you have stormwater discharges from paved surfaces that will be initially sealed or re-sealed with coal-tar sealcoat where industrial activities are located during coverage under this permit? No Benchmark Monitoring Are you subject to benchmark monitoring requirements for a hardness-dependent metal? No Impaired Waters Monitoring NOTE: The inf ormation automatically populated in this section f or determining if the receiv ing water is listed as impaired on the 303(d) list and in need of a TMDL, the cause(s) of the impairment if the receiv ing water is impaired on the CWA 303(d) list, if a TMDL has been completed f or the receiv ing waterbody, and the TMDL ID and pollutants f or which there is a TMDL may be outdated and inaccurate. It is recommended that y ou consult with y our state's guidance f or discharges into impaired waters to determine the correct pollutants and TMDLS and update the causes f or the impairment and TMDL inf ormation accordingly. Is the receiving water listed as impaired on the 303(d) list and in need of a TMDL? No Has a TMDL been completed for this receiving waterbody? No Discharge Point 003: Applicable Sectors Select the Sectors/Subsector(s) that apply to this discharge point. Sector Subsector E - GLASS, CLAY, CEMENT, E3 - Flat Glass; Glass and Glassware, Pressed or Blown; Glass Products Made of CONCRETE, AND GY PSUM Purchased Glass; Hy draulic Cement; Cut Stone and Stone Products; Abrasiv e, Asbestos, PRODUCTS and Miscellaneous Nonmetallic Mineral Products SIC/Activity Code 3241 Latitude/Longitude: 35.081111N, 106.387778W This discharge point is Substantially Identical to an existing discharge point. Page 4 of 8 Receiving Water GNIS Name: n/a Waterbody Name: TIJERAS ARROY O (RIO GRANDE TO HEADWATERS) Is this receiving water saltwater or freshwater? Freshwater Listed Water ID: n/a Is this receiving water 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)? No Will you have stormwater discharges from paved surfaces that will be initially sealed or re-sealed with coal-tar sealcoat where industrial activities are located during coverage under this permit? No Benchmark Monitoring Are you subject to benchmark monitoring requirements for a hardness-dependent metal? No Impaired Waters Monitoring NOTE: The inf ormation automatically populated in this section f or determining if the receiv ing water is listed as impaired on the 303(d) list and in need of a TMDL, the cause(s) of the impairment if the receiv ing water is impaired on the CWA 303(d) list, if a TMDL has been completed f or the receiv ing waterbody, and the TMDL ID and pollutants f or which there is a TMDL may be outdated and inaccurate. It is recommended that y ou consult with y our state's guidance f or discharges into impaired waters to determine the correct pollutants and TMDLS and update the causes f or the impairment and TMDL inf ormation accordingly. Is the receiving water listed as impaired on the 303(d) list and in need of a TMDL? No Has a TMDL been completed for this receiving waterbody? No SWPPP Inf ormation Has the SWPPP been prepared in advance of filing this NOI, as required? Yes SWPPP Contact Information: First Name Middle Initial Last Name: Samantha Kretz Phone: 505-286-6081 Ext.: Email: skretz@gcc.com SWPPP Availability: Your current SWPPP or certain inf ormation f rom y our SWPPP must be made av ailable through one of the f ollowing three options. Select one of the options and prov ide the required inf ormation. Note: you are not required to post any confidential business information (CBI) or restricted information (as defined in Appendix A (https://www.epa.gov/sites/production/files/2021-01/documents/2021_msgp_-_appendix_a_-_definitions.pdf)) (such information may be redacted), but you must clearly identify those portions of the SWPPP that are being withheld from public access. Option 1: Attach a current copy of your SWPPP to this NOI. Page 5 of 8 You can use the space below to upload a copy of your SWPPP Name GCC Tijeras SWPPP_FINAL COMPILED 05282021 Final.pdf (attachment/718965) Uploaded Date 05/28/2021 Option 2: Maintain a Current Copy of your SWPPP on an Internet page (Universal Resource Locator or URL). Option 3: Provide the following information from your SWPPP: Size 7.51 MB Endangered Species Protection Worksheet: Criterion A The following questions will help you determine your eligibility under Part 1.1.4 of the permit with respect to protection of Endangered Species Act (ESA) species and critical habitat(s). Please refer to Appendix E (https://www.epa.gov/sites/production/files/202101/documents/2021_msgp_-_appendix_e_-_procedures_relating_to_endangered_species_protection.pdf) of the 2021 MSGP for important information regarding your obligations under this permit concerning ESA-protected species and critical habitat(s). Determine ESA Eligibility Criterion Are your industrial activities already addressed in another operator's valid certification of eligibility for your "action area" under eligibility criteria A, C, D, or E of the 2021 MSGP? No Are your industrial activities the subject of a permit under section 10 of the ESA by the USFWS and/or NMFS, and this authorization addresses the effects of your facility's discharges and discharge-related activities on ESA-listed species and critical habitat? No You must determine whether species listed as either threatened or endangered under the Endangered Species Act, and/or their critical habitat are located in y our f acility 's action area. ESA-listed species and critical habitat are under the purv iew of the NMFS and the USFWS. Determine Your Action Area Your "action area" (as defined in Appendix A (https://www.epa.gov/sites/production/files/2021-01/documents/2021_msgp_-_appendix_a__definitions.pdf)) includes all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action, including areas beyond the footprint of the facility that are likely to be affected by stormwater discharges, discharge-related activities, and authorized non-stormwater discharges. You must select and confirm that all the following are true: In determining my "action area", I have considered that discharges of pollutants into downstream areas can expand the action area well beyond the footprint of my facility and the discharge point(s). I have taken into account the controls I will be implementing to minimize pollutants and the receiving waterbody characteristics (e.g. perennial, intermittent, ephemeral) in determining the extent of physical, chemical, and/or biotic effects of the discharges. I confirm that all receiving waterbodies that could receive pollutants from my facility are included in my action area. True In determining my "action area", I have considered that discharge-related activities must also be accounted for in determining my action area. I understand that discharge-related activities are any activities that cause, contribute to, or result in stormwater and authorized non-stormwater point source discharges, and measures such as the siting, construction, and operation of stormwater controls to control, reduce, or prevent pollutants from being discharged. I understand that any new or modified stormwater controls that will have noise or other similar effects, and any disturbances associated with construction of controls, are part of my action area. True Provide a written description of your action area and explain your rationale for the extent of the action area drawn on your map. Click here for an example. Page 6 of 8 The action area for GCC Rio Grande's stormwater discharges extends downstream from the d ischarge point in unnamed tributaries 2 miles to the Tijeras Creek/Arroyo. The downstrea m limit of the action area reflects the approximate distance at which the discharge and any pollutants would be expected to cause potential adverse effects to ESA-listed specie s and/or critical habitat because of the ephemeral nature of all tributaries, streams an d waterbodies in this arid region. The unnamed tributaries flow on rare occasions and re quire a high volume rainfall over a short period of time to reach the Tijeras Creek/Arro yo. The action area does/does not extend to the Tijeras Creek/Arroyo's confluence with Rio Grande as the Tijeras Creek/Arroyo is also an ephemeral stream and the water volume required to reach the Rio Grande would render any contribution from this facility insign ificant. Attach a map of the action area for your facility. Mapping tool IPaC (the Information, Planning, and Consultation System) located at http://ecos.fws.gov/ipac/ (https://ecos.fws.gov/ipac/) or click here (/net-msgp/documents/action_area_example.pdf) for an example. Name IPaC_ Explore Location resources.pdf (attachment/718904) Uploaded Date 05/28/2021 Size 400.88 KB Determine if ESA-listed species and/or critical habitat are in your facility's action area. ESA-listed species and critical habitat are under the purview of the NMFS and the USFWS, and in many cases, you will need to acquire species and critical habitat lists from both federal agencies. National Marine Fisheries Service (NMFS) To obtain NMFS-listed species and critical habitat inf ormation, use the resources listed below: General Resources: NOAA Fisheries, Regions Page (https://www.f isheries.noaa.gov /regions) For the Northeastern U.S.: NOAA Fisheries Greater Atlantic Region ESA Section 7 Mapper (https://noaa.maps.arcgis.com/apps/webappv iewer/index.html? id=1bc332edc5204e03b250ac11f 9914a27) For Puerto Rico: Acropora critical habitat map (https://www.f isheries.noaa.gov /resource/map/acropora-elkhorn-and-staghorn-coral-critical-habitat-mapand-gis-data) Green turtle critical habitat map (https://www.f isheries.noaa.gov /resource/map/green-turtle-critical-habitat-map-and-gis-data) Hawksbill Turtle critical habitat map (https://www.f isheries.noaa.gov /resource/map/hawksbill-turtle-critical-habitat-map-and-gis-data) Western U.S.: West Coast Region Protected Resources App (https://www.webapps.nwf sc.noaa.gov /portal/apps/webappv iewer/index.html? id=7514c715b8594944a6e468dd25aaacc9) Pacific Islands: Contact the Pacif ic Islands Regional Of f ice at (808) 725-5000 or pirohonolulu@noaa.gov (mailto:pirohonolulu@noaa.gov ) I have checked the webpages listed above and confirmed that: There are no NMFS-listed species and/or critical habitat in my action area. U.S. Fish and Wildlife Service (USFWS) To obtain FWS-listed species and critical habitat inf ormation, use the resources listed below: Page 7 of 8 IPaC (the Inf ormation, Planning, and Consultation Sy stem) (https://ecos.f ws.gov /ipac/) For instructions f or using IPaC, click here. I have checked the webpages listed above and confirmed that: There are no FWS-listed species and/or critical habitat in my action area. You are eligible under Criterion A Identify the USFWS and NMFS information sources used (Note: state resources are not acceptable): IPAC resource used to determine ESA eligibility You must attach copies of any letters or other communications with the USFWS or NMFS. Attaching aerial image(s) of the site to this NOI is helpful to EPA, USFWS, and NMFS in confirming eligibility under this criterion. Name IPaC_ Explore Location resources.pdf (attachment/718925) Uploaded Date 05/28/2021 Size 400.88 KB Historic Preserv ation: Criterion A The following questions will help you determine your eligibility under Part 1.1.5 of the permit with respect to preservation of historic properties. You may still use the paper instructions in Appendix F (https://www.epa.gov/sites/production/files/202101/documents/2021_msgp_-_appendix_f_-_procedures_relating_to_historic_properties_preservation.pdf) of the MSGP in advance or in conjunction with answering the questions in this section of the form. For more information about your State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO), please visit the National Park Service (NPS) websites at: State Historic Preservation Office (SHPO) (https://www.nps.gov/subjects/nationalregister/state-historic-preservation-offices.htm) Tribal Historic Preservation Office (THPO) (https://www.nps.gov/history/tribes/Tribal_Historic_Preservation_Officers_Program.htm) Are you an existing facility that is resubmitting for certification under the 2021 MSGP? No Are you constructing or installing any stormwater control measures? No You are eligible under Criterion A. 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: Samantha J. Kretz Certifier Title: Env ironmental Engineer Certifier Email: skretz@gcc.com Certified On: 05/28/2021 10:15 PM ET Page 8 of 8