A storm water compliance inspection was conducted by the New Mexico Environment Department (NMED) on August 21, 2006, at the site of the Genizaro Lodge construction project. It was determined that the Respondent had not applied for coverage under the federal Storm Water Construction General Permit when he started land disturbance in May 2005. The site is located 600-800 feet upgradient from the Rio Chama River. Rainfall data indicated at least four days with at least 1-inch of precipitation which could have caused discharge of sediment to the River. A Class I Complaint was drafted to address alledged discharges without permit coverage.