FORM FOR DETAILED PRESENTATION OF PROJECTS FOR CERTIFICATION

BORDER ENVIRONMENT COOPERATION COMMISSION

PROJECT CERTIFICATION DOCUMENT

October 15, 1998

PDF Format

Topic Page No.

Executive Summary ES-1

A. Project Description ES-1

B. Compliance with Project Certification Criteria ES-2

C. Project Management ES-4

1. General 1-6

A. Project Type 1-7

Project Location 1-7
Project Description and Work Tasks 1-8

Project Description 1-8
Program of Project Work Tasks 1-13
Description of the Community 1-15
Project Alternatives 1-18
Project Justification 1-23

Conformance with International Treaties and Agreements 1-24

2. Environment and Human Health 2-25

A. Human Health and Environmental Need 2-25

B. Environmental Assessment 2-26

C. Compliance with Applicable Environmental and Cultural Resource Laws and Regulations 2-28

3. Technical Feasability 3-29

Appropriate Technology 3-31
Operation and Maintenance Plans 3-32
Compliance with Applicable Design Regulations and Standards

4. Financial Feasability and Project Management 4-34

A. Financial Feasibility 4-34

B. Fee/Rate Model 4-40

C. Project Management 4-42

5. Community Participation 5-43

Comprehensive Community Participation Plan 5-43

1. Local Steering Committee 4-43

2. Meetings with Local Organizations 4-44

3. Public Access to Project Information 4-44

4. Public Meeting 4-44

B. Report Documenting Public Support 5-47

6. Sustainable Development 6-48

Definition and Principle 6-48
Institutional and Human Capacity Building 6-50
Conformance with Applicable Local and Regional Conservation and Development Plans 6-51
Natural Resource Conservation 6-52
Community Development 6-52

b. List of Tables:

Table No. Title Page No.

ES-1 Work Tasks Summary ES-4

1-1 Project Work Tasks 1-13

1-2 Population Projections 1-16

3-1 Wastewater Flow Projections 3-30

4-1 Financial Statement – Pro Forma 4-36

4-2 Project Financial Structure 4-37

5-1 Berino Wastewater Survey 5-47

c. List of figures:

Figure No. Title Page No.

1 Work Task Schedule ES-5

2 Project Location 1-9

3 Commumities of Berino and Anthony, New Mexico 1-10

4 Phased Planning Areas for Wastewater Collection Systems 1-11

5 Berino Project Layout 1-12

6 Work Task Schedule 1-14

7 Proposed Phase I and Phase II Collection Systems 1-19

8 Wetlands Treatment System Site Layout 1-22

9 Doña Ana County and AWSD Organizational Structure 1-22

a. Project Description:

The Berino planning area at present does not have any form of wastewater treatment or collection system other than on-site disposal systems. The on-site disposal systems include septic tanks with leach fields or cesspools. Health concerns have been expressed due to the failure of some of these disposal systems and the lack of adequate area for proper treatment through percolation. Many of these on-site systems in Berino are not properly sized or properly constructed. As this area continues to develop with on-site disposal systems, the contamination of the groundwater is inevitable.

The Berino Facilities Plan was developed to evaluate wastewater treatment alternatives and collection systems, which recommended phasing to eventually provide wastewater collection and treatment for the entire Berino planning area. Based on the analysis presented in this report, conveyance of wastewater from Berino to Anthony Water and Sanitation District is recommended. A summary of the recommended alternative plus future phases required to fully address the wastewater planning needs of the area and is provided in the Berino Wastewater Facility Plan 1998.

Certification of Phase I is requested where the projected costs for providing wastewater collection ($1,188,100) and a lift station and forcemain for the entire Phase I Area is $1,948,100. The gravity collection system for Phase II area is projected to cost $1,408,500. Phase I has received 100% grant funding from New Mexico Environment Department (NMED), for construction. Therefore, Doña Ana County (DAC), on behalf of the community of Berino, is requesting certification of Phase I only. DAC will request Phase II certification in the near future.

b. Compliance with Project Certification Criteria:

1. General

The Berino Colonias Wastewater System project is located within 62 miles of the U.S./Mexican border and will have no effect on international treaties or agreements.

2. Human Health & Environment

The Berino Colonias Wastewater System project will eliminate any additional threat of underground water contamination from the use of septic tanks with leach fields and cesspools as the disposal systems for wastewater within this densely populated colonia. Many lots within the Berino Phase I planning area are less than one (1) acre, which violates the New Mexico Water Quality Control Commission (NMWQCC), Section 3103.A. Additionally, septic tanks with leach fields and cesspools violate NMWQCC Regulations, Section 3109.C.3a(2) for total nitrogen loading rates. Wells within the Berino planning area have been reported as having elevated nitrate concentrations

An Environmental Information Document (EID) has been submitted to the USEPA for environmental clearance and the issuance of a Finding of No Significant Impact (FNSI). No significant cultural resources were identified to be affected by this project, verified by the State Historic Preservation Office (SHPO).

3. Technical Feasibility

Alternatives for the Berino planning area were evaluated in the Dona Ana County Regional Wastewater Facilities Master Plan where a gravity sewer collection system and a lift station to the AWSD wastewater treatment facilities was found to be the best alternative. Part of the Master Plan includes short-term and long-term wastewater needs, sludge handling and disposal, cost projections, management, public participation, and implementation.

AWSD will be responsible for operation and maintenance of the Berino Colonias Wastewater System. The AWSD employs certified operation and maintenance staff and retains a groundwater discharge permit from the New Mexico Environment Department.

The project has been designed based on all applicable local, state, and federal regulations and standards and is designed to be constructed, operated and maintained in a cost effective manner.

b. Compliance with Project Certification Criteria:

4. Financial Feasibility and Project Management

The Berino Colonias Wastewater System includes two phases. The Phase I project funds have been secured through PDAP and USEPA Colonias funds. Phase I includes the servicing of the older Berino colonia, a forcemain to the AWSD, and a lift station for $1,948,100.00 total cost. Phase II funding will be requested through NADBank and will allow service to the Kilgore and NM460 area for $1,408,500.00 total cost. Certification of Phase II will be requested at a later date, once coordination with NADBank has been completed.

5. Community Participation

During the development of Phase I, several local residents along with the local church, County, and the Colonias Development Council initiated public participation through public meetings and soliciting public support door to door. The current Local Steering Committee has submitted a Community Participation Plan to BECC and approved on July 2, 1998. Public meetings were held on May 9, 1994, September 29, 1994, October 11, 1994, September 16, 1998 and October 15, 1998. Public acceptance, 77%, has been recorded through fact sheets and surveys provided by the Local Steering Committee to the public. These fact sheets and surveys were mailed to residents, available at many public areas, and handed out door to door.

6. Sustainable Development

Dona Ana County passed Resolution No. 96-36 that establishes a countywide water and wastewater utility to serve unincorporated areas of Dona Ana County. The Berino Facilities Plan and supporting Environmental Information Document and Environmental Assessment have satisfied all local and regional regulations including cultural resources.

The project adheres to principals of sustainable development set forth in the BECC criteria. Principals of sustainable development are achieved by conservation of natural resources through wastewater effluent reuse, and the ease of system operation and maintenance.

c. Project Management:
Design and construction of the wastewater system is Berino are separated into phases. This application for project certification includes the Phase I in which funds for design will be provided through certification by the BECC and for construction of the Phase I Area are being provided through USEPA Colonias Funds. TABLE ES-1 WORK TASKS SUMMARY
WORK TASK	TASK EXECUTOR	ANTICIPATED COMPLETION DATE
Finalize Amended Facilities Plan/NMED	Engineer	September 16, 1998
BECC STEP II Application Submitted	Engineer/DAC	October 15, 1998
NMED/EPA Approval of Plan and FNSI¹ Issued	NMED/EPA	October 16, 1998
Engineering Agreement Approved	Engineer/DAC	October 16, 1998
Preliminary Wastewater System Design	Engineer	October 16, 1998
Joint Powers of Agreement Approved	AWSD/DAC/Berino MDWCA	December 15, 1998
BECC Certification of Project	BECC	December 15, 1998
Wastewater System Design Completed	Engineer	January 16, 1999
Plans and Specs to County and Agency for Review/Approvals	Engineer/DAC/NMED	January 17, 1999
Advertise for Bids for Wastewater System	Engineer/DAC	February 1, 1999
Contract Awarded	DAC	March 5, 1999
Construction Begins on Lift Station and Forcemain	Contractor	April 5, 1999
Construction of Lift Station and Forcemain Completed	Contractor	July 1, 1999
Construction of Phase I Gravity Collection System Begins	Contractor	July 1, 1999
Preliminary Plan of Operation Submitted to Agencies	Engineer	July 1, 1999
Preliminary O&M Manual Submitted to Agencies	Engineer	August 1, 1999
Final Plan of Operation Submitted to Agencies	Engineer	September 1, 1999
Final O&M Manual Completed and Submitted to Agencies	Engineer	October 1, 1999
Gravity Collection System Construction Complete	Contractor	October 1, 1999
Operator Training Begins	Engineer/AWSD	October 1, 1999
Operator Training Ends	Engineer/AWSD	October 15, 1999
Operation of Wastewater System Begins	AWSD	October 15, 1999
Project Performance Ends		October 15, 2000
Figure 1. Work Task Schedule

Date of Submittal to the BECC:				__________	Date of Receipt by the BECC:				__________



Name and Type of Project
A. Name of Project:
Berino Colonias Wastewater System
B. Type of Project:
		Water Supply					Solid Waste Management
	X	Wastewater Treatment					Other Related Projects


Primary Applicant Information
C. Name of Organization:			Doña Ana County
Name of Contact Person:			Albert Racelis
Position:			Assistant Director of Community Development
Address:			430 S. Main, Room 120
City:			Las Cruces			State:		NM
Phone No.:			(505) 647-7244			Fax No.:		(505) 647-7255
E-mail Address:

a. Project Type		Water Supply				_____	Solid Waste Management
	X	Wastewater Treatment				_____	Other Related Projects
b. Project Location:	_____	Mexico				X	United States
*i. Within 62 Miles of the Border ?*			X			Yes		No
If outside the border area, describe how the project will remedy a trans-boundary human health or environmental problem.

Site Location:		Urban Area				X	Rural Area
Nearest City:	Las Cruces				State:		NM
Distance and heading from nearest city (miles):				Approximately 16 miles, south 30° east of Las Cruces (Range 3 East, Township 26 South, Sections 3 and 10) Approximately 29 miles, north of the Mexican Border

c. Project Description and Work Tasks
1). Project Description: Provide a description of the project which includes the human health and environmental issue to be resolved, the proposed technology, the scope of the project (i.e., closure, rehabilitation, expansion, new facility, or combination these activities), and for Wastewater Treatment projects, type of collection system, lift station(s), wastewater treatment, outfalls, and reuse systems.
The Community of Berino is a well established, unincorporated community of approximately 1200 people located in Dona Ana County, New Mexico near the Texas-New Mexico border, and has been designated as a "Colonia" by the New Mexico Environment Department (NMED). Berino's location in New Mexico is shown in Figure 2. The Berino Wastewater Facility Plan was completed for Dona Ana County in November 1996 (later amended) and was funded by NMED through the Colonias Construction Program. The Plan was prepared specifically to address adverse environmental conditions arising from the widespread use of on-site disposal systems by approximately 350 homes which are located in both densely (Old Townsite – Phase I) and sparsely populated areas (Phase II through VI) of the planning area. The entire planning area was defined to be 2,400 acres. The current population of the planning area is 1,200 and is expected to reach 2,000 by the year 2014. This extensive planning area was divided into six phases. The six (6) proposed phases and local wastewater collection systems for the Phase I through VI Planning Areas are shown in Figure 4. Phase I is the most densely populated area and Phase II area is less popoulated now but has the highest potential for growth in the near future due to its proximty to Phase I. The remaining phases are predominately farming and agricultural lands. Doña Ana County is seeking certification of Berino Phase I of the project, which will serve an existing population of 409 and with infill 490. Berino Phase I has recieved 100% grant funding for construction from NMED. No funding for construction has been identified for Phase II, therefore DAC will request certification for Berino Phase II at a later date. The exisiting population of Phase II is only 111 but with infill will grow to be 740. The combination of Phases I and II will service aproximatly 60% of the future population. The original concept of the funding agency (USEPA) was to provide non-mechanical facilities with low-level technologies to meet present day needs only. Since the initial planning phase, the County of Doña Ana has adopted a plan to provide regional water and wastewater services for those unincorporated areas of the county. The proximity of Berino to the New Mexico/Texas border, specifically Anthony, New Mexico, and the ease at which the community’s wastewater collection system can be adapted to the Anthony Water and Sanitation District system is shown in Figure 3. The community of Berino’s proximity to Anthony, New Mexico, makes the regional treatment of Berino’s wastewater technically and economically feasible without destruction of resources. The planning area is bounded in general by I-10 to the east, the Kilgore lateral to the west, Fourth Street to the north and Shrode Road to the south. The southern boundary is common to the northern boundary of a similar plan that was completed for Anthony, New Mexico under the same Colonias program (see Figure 4). .

1). Project Description

Figure 2. Project Location

1). Project Description

Figure 3. Communities of Berino and Anthony, New Mexico

1). Project Description

Figure 4. Phased Planning Areas for Wastewater Collection Systems

1). Project Description

Berino Phase I Project includes a gravity collection system and a forcemain to convey flow to an existing wastewater treatment plant in Anthony, New Mexico owned and operated by Anthony Water and Sanitation District (AWSD). The collection system includes 13,000 linear feet of 8-inch sewer line. The force main includes a 23,000 linear feet of 6-inch pipe and one lift station. Berino Phase I is currently under design and is scheduled to go into construction in the first quarter of 1999.

The project layout is illustrated below in Figure 5.

Figure 5. Berino Project Layout

*2). Program of Project Work Tasks*: Provide a diagram indicating project work tasks. Each task should include a brief description, antici8pated cost, timeframe, task executor, and percentage of completion.
Design and construction of the wastewater system in Berino was separated into phases. This application for project certification includes the Phase I Planning Area, or Old Berino Townsite, in which funds for design will be provided through certification by the BECC. Funds for construction of the Phase I Area are being provided through USEPA Colonias Funds.
TABLE 1-1 Project Work Tasks
WORK TASK	TASK EXECUTOR	ANTICIPATED COMPLETION DATE
Finalize Amended Facilities Plan/NMED	Engineer	September 16, 1998
BECC STEP II Application Submitted	Engineer/DAC	October 15, 1998
NMED/EPA Approval of Plan and FNSI¹ Issued	NMED/EPA	October 16, 1998
Engineering Agreement Approved	Engineer/DAC	October 16, 1998
Preliminary Wastewater System Design	Engineer	October 16, 1998
Joint Powers of Agreement Approved	AWSD/DAC/Berino MDWCA	December 15, 1998
BECC Certification of Project	BECC	December 15, 1998
Wastewater System Design Completed	Engineer	January 16, 1999
Plans and Specs to County and Agency for Review/Approvals	Engineer/DAC/NMED	January 17, 1999
Advertise for Bids for Wastewater System	Engineer/DAC	February 1, 1999
Contract Awarded	DAC	March 5, 1999
Construction Begins on Lift Station and Forcemain	Contractor	April 5, 1999
Construction of Lift Station and Forcemain Completed	Contractor	July 1, 1999
Construction of Phase I Gravity Collection System Begins	Contractor	July 1, 1999
Preliminary Plan of Operation Submitted to Agencies	Engineer	July 1, 1999
Preliminary O&M Manual Submitted to Agencies	Engineer	August 1, 1999
Final Plan of Operation Submitted to Agencies	Engineer	September 1, 1999
Final O&M Manual Completed and Submitted to Agencies	Engineer	October 1, 1999
Gravity Collection System Construction Complete	Contractor	October 1, 1999
Operator Training Begins	Engineer/AWSD	October 1, 1999
Operator Training Ends	Engineer/AWSD	October 15, 1999
Operation of Wastewater System Begins	AWSD	October 15, 1999
Project Performance Ends		October 15, 2000
A bar-graph of the above schedule is provided in Figure 6.

2). Program of Project Work Tasks

Figure 6. Work Task Schedule

3). Description of the Community

Demographic Information

The community of Berino is within the County of Dona Ana, New Mexico. Berino has been designated as a "Colonias" by the County, NMED and EPA. This designation is typical of rural, unincorporated areas along the U.S. - Mexican border that lack adequate water supplies, adequate wastewater facilities, safe and sanitary housing, adequate roads and/or drainage control structures.

The community of Berino is predominantly residential with only a few businesses. Much of the surrounding area includes farming and agricultural lands. There are two dairies in the area, and a few other small businesses. The community mainly provides a residential area for long-time residents, or people who work in nearby, more developed areas, including the City of Las Cruces.

As typically seen in "Colonias" areas, Berino is a relatively low-income, minority community with more than half the residents below the poverty level as defined by the U.S. Census Bureau. There is a moderate growth potential for Berino, particularly since they do offer minimal water service but no wastewater services

The Berino planning area is presently being served by two separate water systems; the Berino MDWCA system and the Desert Sands system. The two water systems serve an area larger than the facility planning area. The Phase I project is served by the Berino MDWCA.

The Berino MDWCA serves the northern portion of the planning area. The total area of the Berino MDWCA is approximately 5 square miles.

The major commercial users include the State of New Mexico Port of Entry facilities (adjacent to Interstate 25), the McAnally Enterprises, Inc. (chicken farming operation) and Chaparral Gardens (nursery).

*3). Description of the Community*
*Demographic Information*
The present population for the Berino planning area is made by reviewing the 1990 U.S. Census Data, aerial photography of the area, review of population and land use trends developed by the County. Further, actual field verification was done to confirm the present population figures. Projections for the future planning year 2004 and 2014 are made using "Demographic and Economic Trends", report prepared for Dona Ana County, and an analysis of the expected development that may occur in this area. Table 1-2 shows the estimated present population and projected population for the planning area. The existing population is approximately 1200 persons or 325 residential units. The average number of persons per household used to determine the population is 3.70 based on census data and the surrounding communities.
TABLE 1-2 Population Projections

	Facility Planning Area	Year	Population
		1994	1,200
	Entire Berino Planning Area	2004	1,620
		2014	2,000
	Phase I Area	1994	407
	Phase I Area (including infill)		490
	Phase II Area	1994	111
	Phase II Area (including infill)		740
		1994	154,480
	Doña Ana County	2004	208,540
		2114	256,520

3). DESCRIPTION OF THE COMMUNITY

Local Environmental Services

Wastewater treatment will be completed by the Anthony Water & Sanitation District (AWSD). The AWSD has been incorporated since 1978 and provides water and sewer services to the Anthony area. An upgrade to the wastewater treatment facilities was completed in 1996 and the current capacity of the activated slude wastewater treatment facilities is 0.98 mgd. Currently, the facility treats 0.47 mgd and 100% of AWSD current service area. Therefore, the facility has the capacity to treat the Phase I project. AWSD discharges its effluent on the adjacent golf course within its discharge permit issued by the State of New Mexico Environment Department.

The Berino MDWCA supplies potable water services to all of the Phase I project planning area and has been serving the area for over 30 years. The Berino system has (1) one well with a capacity of 200 gpm and (2) two ground storage tanks of 35,000 gallons (north tank) and 80,000 gallons (south tank), respectively, for a total storage capability of 115,000 gallons. The Berino MDWCA distribution system consists of approximately 15 miles of 2" through 6" water line. There are 75 fire hydrants service the community, primarily located in newer subdivisions on recently constructed lines.

4). Project Alternatives

The proposed collection systems and a lift station for Phase I and Phase II are shown in Figure 7. This construction was determined to address the most critical needs in this area.

In the Berino Wastewater Facilities Plan, six alternatives for wastewater treatment were prescreened. Of the six alternatives, two alternatives were evaluated: 1) a low-technology facility located on a vacant piece of land just south of the Phase I area and 2) conveyance of the wastewater to a regional facility at AWSD. The same collection system and lift station could be utilized for either treatment alternative

The two alternatives listed below with projects costs were determined to be the most technically feasible.

Alternative No. 1 Conveyance to Anthony Water and Sanitation District (AWSD),

Project Capital Cost $1,948,000

Alternative No. 2 Constructed Wetlands, Project Capital Cost $1,869,000

Although Alternative No. 1 has a higher capital cost, it was selected as the preferred alternative based on rating criteria. The criteria included (1) technologies suitable for small communities, (2) ability to easily adapt to future expansion/phaseability, (3) ability to meet required effluent standard, (4) costs: initial and O&M, (5) reasonable sophistication for ease and reliability of operation, (6) implementability under local conditions, and (7) environmental considerations. Each of these two alternatives are discussed in further detail in the Berino Wasewater Facilities Plan.

4). Project Alternatives

Figure 7. Proposed Phase I and Phase II Collection Systems

4). Project Alternatives

Alternative No. 1 – Conveyance to Anthony Water and Sanitation District (AWSD)

Alternative No. 1 consisted of conveying the wastewater from the community of Berino to the AWSD wastewater treatment facility. The general layout of this alternative is shown in Figure 2. The wastewater for the area flows by gravity to a lift station at a low point and transported to the AWSD wastewater treatment facility through a 6-inch forcemain. As shown in the figure, the forcemain would be constructed at the toe of a flood control dam planned by the County, follow dirt roads through Las Palmeras and Montana Vista Communities, and finally follow State Highway NM460 right-of-way to the AWSD treatment facility. The lift station was initially sized for wastewater flow of the Phase I Area, but consideration was made for future flows in terms of location and elevation. Preliminary design computations for the lift station and forcemain are provided in Appendix B of the Plan.

Critical to Alternative No. 1 was the treatment capacity of AWSD and to accept this flow. The District has indicated the potential for acceptance of the wastewater, and in March 1996 completed construction of a new activated sludge facility designed for nitrogen and phosphorous removal. The new facility was designed for an average daily flow of 0.98 mgd (million gallons per day) which allows for future capacity for the AWSD and the surrounding areas. The design of the new facility was also such that it can be readily expanded to 2 mgd.

Under this alternative, through a joint-powers agreement with AWSD, AWSD would operate and maintain the collection system, lift station and forcemain

The estimated cost for Alternative No. 1 is $1,948,000 as shown in Table 8-2 and Appendix C of the Berino Wastewater Facility Plan (September 1998). Alternative No. 1 was selected as the preferred alternative based on evaluation criteria that included Initial Capital Cost, Projected User Rates, and Application to a Regional Wastewater Treatment System.

4). Project Alternatives

Alternative No. 2 -- Constructed Wetlands

Alternative No. 2 consisted of a constructed wetlands type process to treat the wastewater. Constructed wetlands are a treatment process where the natural wetland concept is created for use in treatment of domestic wastewater.

The standards of BOD and TSS solids for New Mexico are relatively easily met with wetlands but there is some concern about the ability to meet the 10 mg/l nitrogen requirement. The conceptual layout of this alternative takes nitrogen removal into consideration.

The collection lines for Phase I will flow by gravity to a low point at the lift station (previously shown in Figure 6). Figure 8 shows a schematic of the wetlands treatment system alternative. The wastewater would be pumped from the lift station to a large septic tank for primary treatment. From there, it would flow by gravity to a subsurface flow wetlands (SSF) for secondary and advanced secondary treatment and then to a free water surface (FWS) wetlands for polishing. The effluent for the polishing wetland would be discharged into an infiltration basin. In addition, land application by flood irrigation was considered as a critical part of Alternative No. 2 due to the concern of meeting the discharge requirements for nitrogen following the polishing wetland. The land application of the effluent may only be necessary during a portion of the year, particularly during the winter months when nitrification/denitrification rates are very low.

In considering Alternative No. 2, care was taken to make the design as low-tech and low-maintenance as possible. Techniques for introducing air and recirculation to portions of the waste stream are considered a possible option to the wetlands to improve the removal of nitrogen. The estimated costs for Alternative No. 2, including collection line, is $1,869,000 as shown in Table 8-2 and Appendix C of the Berino Wastewater Facility Plan (September 1998).

4). Project Alternatives

Figure 8. Wetlands Treatment System Site Layout

5). Project Justification

The Berino planning area at present does not have any form of wastewater treatment or collection system other than on-site disposal systems. The on-site disposal systems include septic tanks with leach fields or cesspools. Health concerns have been expressed due to the failure of some of these disposal systems and the lack of adequate area for proper treatment through percolation. Many of these on-site systems in Berino are not properly sized or properly constructed. As this area continues to develop with on-site disposal systems, not only is the biological contamination of the groundwater inevitable, but also nitrogen contamination.

A report by Daniel B. Stevens (September 1996) also stated that samples with elevated nitrate concentrations were from wells in the vicinity of Berino, Chamberino, and La Union. The Doña Ana Wastewater Master Plan (Molzen-Corbin & Associates, August 1998) states that the approximately 900 persons in Berino are located in the densely populated old townsite of Berino (Phase I) and the new subdivision south of the townsite (Phase II). The old townsite consists of more than 100 lots. Typically, these lots are less than one (1) acre per lot and have been subdivided for more than 30 years.

The degradation of surface and groundwater quality will continue due to ongoing contamination from untreated sewage. State health standards will continue to be violated, and public health problems associated with current sewage disposal practices wil continue to occur. Perpetuating incidence of disease, school absenteeism, medical expenses, and lost productivity will continue. By constructing the project, the quality of life and health to the existing and future population will be improved.

The density of on-site wastewater disposal systems violates both the New Mexico Water Quality Control Commission (NMWQCC) for municipal discharges with total nitrogen concentrations in the effluent greater than 10mg/L (Section 3103.A) and NMWQCC regulations for total nitrogen loading rates of 200/lb/acre/year (Section 3109.C.3.a). To coincide with this loading rate, the State of New Mexico also established laws governing minimum allowable lot size with on-site disposal systems so that surface loading rates would not be exceeded by residential dischargers also. As of March 1980, most of the lots in Berino were in violation of the State regualtion of a acre for lots with off-site water supply and : acre with on-site well. In February 1990, the regulation was amended to : acre lot for both off-site or on-site water supply for a three-bedroom house. Although the majority of septic disposal systems in Berino are in violation of the State relgulations, most of them were in existence before the law was promulgated and are not being cited for the violation.

d. Conformance with International Treaties and Agreements

I, Fernando Macias, of Dona Ana County, certify that the Berino Phase I Collection System will conform with the rights and obligations under applicable international treaties and agreements in force, to which either the United States, Mexico, or both are parties.

Signature Date

The project will have no effect on international treaties or agreements.

a. Human Health and Environmental Need

The Berino planning area at present does not have any form of wastewater treatment or collection system other than on-site disposal systems. The on-site disposal systems include septic tanks with leach fields or cesspools. Health concerns have been expressed due to the failure of some of these disposal systems and the lack of adequate area for proper treatment through percolation. Many of these on-site systems in Berino are not properly sized or properly constructed. As this area continues to develop with on-site disposal systems, not only is the biological contamination of the groundwater inevitable, but also nitrogen contamination.

The project will address serious health concerns stemming from current wastewater treatment practices utilizing septic tanks and cesspools. Because of the high water table (0-25 feet) and the density of on-site disposal systems, the potential for ground water contamination is great. Elevated nitrate levels are concentrated in the project area between Mesquite and Berino ("Water Quality of Domestic Wells in Dona Ana County," Stephens and Associates, 1996). Of the eighty-five (85) wells sampled in the report, six (6) wells had total nitrogen concentrations in excess of 10 mg/L and tested positive for indicators of fecal contamination. The six (6) wells in violation of nitrate limitations were located in Chamberino, La Union, and Berino. One (1) of the wells in Berino also tested positive for enterococci and coliphage, indicators of contamination from septic tanks. Berino is listed by NMED as a "serious problem area" and statistics for Dona Ana County show that the area has incidences of shigella dysentery, a water-borne disease, higher than the state average.

The density of on-site wastewater disposal systems violates both the New Mexico Water Quality Control Commission for municipal discharges with total nitrogen concentrations in the effluent greater than 10mg/L (Section 3103.A) and NMWQCC regulations for total nitrogen loading rates of 200/lb/acre/year (Section 3109.C.3.a). To coincide with this loading rate, the State also established laws governing minimum allowable lot size with on-site disposal systems so that surface loading rates would not be exceeded by residential dischargers also. As of March 1980, most of the lots in Berino were in violation of the State regualtion of a acre for lots with off-site water supply and : acre with on-site well. In February 1990, the regulation was amended to : acre lot for both off-site or on-site water supply for a three-bedroom house. Although the majority of septic disposal systems in Berino are in violation of the State relgulations, most of them were in existence before the law was promulgated and are not being cited for the violation.

The known non-carcinogenic toxicity of nitrate in humans is caused by the reduction of nitrate to nitrite, which reacts with blood, prohibiting its ability to transport oxygen to the tissues and causing asphyxia (methemoglobinemia). Untreated water from wells with elevated nitrate concentrations, above or near the 10 mg/L standard, should not be consumed by infants and pregnant women (Daniel B. Stevens, September 1996). The report by Stevens also stated that samples with elevated nitrate concentrations were from wells in the vicinity of Berino, Chamberino, and La Union.

b. Environmental Assessment

The Doña Ana Wastewater Master Plan (Molzen-Corbin & Associates, August 1998) states that the approximate 900 persons in Berino are located in the densely populated old townsite of Berino and the new subdivision south of the townsite. The old townsite consists of more than 100 lots. Typically, these lots are less than one (1) acre per lot and have been subdivided for more than 30 years

An environmental assessment was provided for this project in the Berino Wastewater Facilities Plan, Appendix A. This Environmental Information Document (EID) has been submitted to the USEPA as supporting documentation for their issuing an environmental clearance (Finding of No Significant Impact - FNSI). Additionally, various State and Federal Agencies were sent a copy of the EID and asked to comment regarding applicable regulations and any cultural resources that may be affected by the project. A list of agencies and persons contacted is discussed in the next section. A copy of reply comments from those agencies is provided in Appendix D, Public Participation, of the Berino Wastewater Facilities Plan.

The project will address serious health concerns stemming from current wastewater treatment practices utilizing septic tanks and cesspools. Because of the high water table (0-25 feet) and the density of on-site disposal systems, the potential for ground water contamination is great. Elevated nitrate levels are concentrated in the project area between Mesquite and Berino ("Water Quality of Domestic Wells in Dona Ana County," Stephens and Associates, 1996). The density of on-site wastewater disposal systems violates both the New Mexico Water Quality Control Commission for municipal discharges with total nitrogen concentrations in the effluent greater than 10mg/L (Section 3103.A) and NMWQCC regulations for total nitrogen loading rates of 100/lb/acre/year (Section 3109.C.3.a). Enterococci and coliphage, indicators of contamination from septic tanks, have been detected in wells in the project area. Berino is listed by NMED as a "serious problem area" and statistics for Dona Ana County show that the area has incidences of shigella dysentery, a water-borne disease, higher than the state average.

Environmental assessments are required under domestic law and to meet the corresponding requirements established by the State of New Mexico and the National Environmental Policy Act. NMED conducted the assessment and issued a Finding of No Significant Impacts (FONSI); no public comments were received. The USEPA is in the process of issuing a FONSI; the public comment period is expected to begin October 24, 1998. In addition, conformance with applicable Environmental and Cultural Resources Laws and Regulations has been documented by the following groups:

Natural Registry of Natural Landmarks

The New Mexico Register of Cultural Properties, National Register of Historic Places

The State of New Mexico Office of Cultural Affairs Historical Preservation Division

b. Environmental Assessment

Other reports document that there are no environmentally sensitive areas such as wetlands, coastal zones, or wild and scenic rivers in the planning area. The site is predominantly outside the floodplain area and the project will have no significant adverse impact on floodplain management. The USDA Prime Farmland Survey shows no designated prime farmlands in the area. The proposed project will not result in the control or structural modification of any natural stream or body of water; the Rio Grande lies outside the project planning area. The U.S. Department of the Interior Fish and Wildlife Service has reviewed the facility plan for impact on endangered or threatened species. The inventory of federally listed and candidate species that could occur has been documented and mitigation measures presented. The project will have no significant adverse impact on fish and wildlife.

The Bureau of Land Management manages public lands adjacent to the project and reports no significant impact on local, regional or state land use plans or policies. The Facility Plan indicates there are no significant contributors to air and noise pollution. However, Dona Ana County exceeds EPA levels for PM-10. The NMED Air Quality Bureau has published guidelines to minimize PM-10 incidences occurring during construction.

The project will affect the quantity of the wastewater discharged from the Anthony plant. Wastewater generation in Phase I is estimated to be 35,000 gpd. That flow is expected to increase to 42,000 gpd with the infill that may occur and has been addressed in the recently modified NPDES permit. The new permit will allow effluent to be discharged to irrigate a nearby golf course. Plant design capacity at 980,000 gpd will not be exceeded by adding Berino’s maximum flow for the entire planning area of 102,000 gpd.

Ground water quality will be improved as a result of the project. Currently, wastewater from the project area is treated by on-site wastewater disposal systems (septic tanks and cesspools). Effluent from these devices percolates into the ground in leachfields. The potential to contaminate ground water as a result of the use of on-site wastewater disposal systems increases as the population density in the planning area increases. The planned wastewater facilities for Berino will diminish degradation of ground water resulting from the use of on-site wastewater disposal systems.

The project follows the recommendations provided in the Doña Ana County Wastewater Facilities Master Plan.

c. Compliance with Applicable Environmental and Cultural Resource Laws and Regulations
Given below is a list of Federal and State agencies asked to comment/reply to the Environment Information Document provided with the Berino Wastewater Facility Plan in the appendix. Copies of the letters received from the agencies are profided in Appendix D, Public Participation of the Berino Wastewater Facility Plan (provided for reference as Appendix A of this report).
New Mexico Environment Department Groundwater Pollution Prevention Section Katherine Yuhas 1190 St Francis Drive Santa Fe, NM 87502-0010	United States Department of the Interior Thomas C. Custer, Physical Scientist Bureau of Land Management Las Cruces Field Office 1800 Marquess St. Las Cruces, NM 88005
New Mexico Environment Department Surface Water Quality Bureau James H. Davis, Bureau Chief 1190 St Francis Drive Santa Fe, NM 87502-0010	United States Department of the Interior Dennis A. Vasquez National Park Service, White Sands National Monument P.O. Box 1086 Holloman AFB, NM 88330-1086
New Mexico Environment Department James E. Nellesen Air Quality Bureau 1190 St Francis Drive Santa Fe, NM 87502-0010	United States Department of the Interior Fish and Wildlife Service, Ecological Services Jennifer Fowler-Post NM Ecological Services Field Office 2105 Osuna NE Albuquerque, NM 87113
New Mexico Office of Cultural Affairs Eric Peterson, Staff Archaeologist Historic Preservation Division Villa Rivera Building 228 East Palace Avenue Santa Fe, NM 87501	United States Army Corps of Engineers Construction Operation Division, El Paso Regulatory Office Daniel Malanchuk, Chief P.O. Box 6096 El Paso Texas
New Mexico Game and Fish Andrew V. Sandoval, Chief Villagra Building P.O. Box 25112 Santa Fe, New Mexico 87504	Doña Ana County Caesar Ramos Office of the Flood Commissioner Dona Ana County Annex 430 S. Main Las Cruces, New Mexico

a. Appropriate Technology

A wastewater facility plan was completed for the project. Five alternative treatment technologies were analyzed; four stand-alone treatment facilities and one regional facility. The selected alternative includes conveyance to an existing wastewater treatment plant (WWTP) in Anthony, New Mexico through 23,000 lf of 6-inch forcemain and one lift station. The forcemain has been sized to accommodate flows for Phases 1 through 6 through the year 2014. The lift station is initially sized for all the Phase I flows but consideration is made for future expansion to accommodate future flows in terms of location and elevation. The collection system is a convential gravity system consisting of 13,000 lf of 8-inch sewer lines.

For the community of Berino, the average water flow used for design is 85 gpcd. This is a typical flow for a community of this size and characteristics. The present flow from Phase I is estimated to be 35,000 gpd and 42,000 gpd with the expected infill that may occur in the near future.

DAC has coordinated the project with the Anthony Water and Sanitation District (AWSD), owner and operator of the WWTP that will receive Berino’s effluent. AWSD has inicated its willingness to serve this area and the WWTP has the capacity to treat the effluent. The WWTP has a capacity of 0.98 mgd and is currently operating at 60% capacity. Additionally, AWSD is currently serving 100% of its service area. The effluent will be discharged to an adjacent golf course to be reused for turf irrigation. The appropriate groundwater discharge permit has been issued.

1) Project Specifications
i. Wastewater Treatment
*Wastewater Flow Projections*
The flow is the total contribution from all residential, institutional, and commercial sources in the area. For Berino and Montana Vista, there are relatively few commercial sources and the residential flow is considered to be representative for the purposes of examining wastewater alternatives.. Because this area is relatively dry, there is no significant increase expected in infiltration or inflow due to changes in groundwater levels or weather patterns. Peak flows are expected to be double the average flows.
Table 3-1 Wastewater Flow Projections
	Current Wastewater Flows
	Planning Area	Number of Connections	Flow (gpd)
	Phase I Area	407	35,000
	Phase I Area (including infill)	490	42,000
	Phase II Area	111	9,400
	Phase II Area (including infill)	740	63,000
	Phase IV Area	120	37,740
	Phase IV Area (including infill)	195	61,330
	Entire Facility Planning Area	1,200	102,000
	Projected Wastewater Flows
	Year	Number of Connections	Flow (gpd)
	2004	1620	138,000
	2014	1992	170,000

*Industrial wastewater control program*
Industrial discharges to the AWSD are governed by Sections II.c. through Section II.k of the AWSD’s Sewer Use Ordinance. These ordinances control the strength and quantity of commercial or industrial sewage that may be discharged into the collection system. The ordinances also require commercial or industrial users to allow access for routine sampling and monitoring of their discharges to the domestic sewage collection system.
*Design of collection system, including piping*
The proposed collection system for both the Phase I and II Planning Areas of Berino is a gravity sewer. The collection systems from both areas are directed to the Berino Lift Station. The sewage is then pumped through a 6-inch forcemain to the AWSD wastewater treatment facility for treatment. The layout of the collection systems for both areas is shown in Figure 6, Section 1, General.

a. Appropriate Technology

i. Design of treated wastewater discharge or reuse system and treated wastewater quality analysis

A Groundwater Discharge Permit has been issued to allow the Anthony Water & Sanitation District to discharge wastewater effluent from the District’s wastewater treatment facility to an adjacent golf course. The District has been able to consistently demonstrate that the facility effluent meets all applicable State regulations for groundwater recharge through irrigation. As such, wastewater effluent will be stored in lined lagoons and will flow by gravity to lakes located at Dos Lagos golf course. The golf course will withdraw water from the man-made lakes to water the entire golf course (see Section 3.c.1).

ii. Sludge treatment system, analysis of sludge and final disposal system

Sludge disposal at the AWSD wastewater treatment facility consists of extended aeration with continuous supernatant decanting. Sludge for disposal is limed and dried in lined sludge beds. Currently, the District disposes of dried sludge at the Corralitos Landfill which is operated through a joint powers agreement between the City of Las Cruces and Doña Ana County. The new landfill has been specially permitted by the New Mexico Environment Department Solid Waste Bureau to receive sludge.

For future planning, The Doña Ana County Wastewater Master Plan recommends that regional sludge dewatering facility(s) be constructed to reduce hauling and disposal costs for sludge.

iii. Technical Process:

(Use of appropriate technologies known to be effective is encouraged. Criteria for selection and justification of the chosen technology should be included with emphasis on appropriateness to the community and efficiency and ease of operation, including the availability of replacement parts.)

The process alternatives chosen are appropriate technologies for the community and Anthony Water and Sanitation District. The gravity sewer collection system and lift station and forcemain can be easily maintained by the AWSD. The AWSD will be responsible for the quality of their wastewater facility effluent. AWSD has been operating since 1978 and has the appropriate staff available. The residents of the community of Berino will be relieved from operation of a low-technology, local facility and meeting the NMED requirements for groundwater disposal of wastewater effluent. If the County transfers ownership of the system to the AWSD, the District will be responsible for maintaining spare parts and for contract maintenance of the lift station. If the County maintains ownership of the collection system and lift station and forcemain, routine maintenance and replacement will be the responsibility of the County, but may give this responsibility to AWSD through a Joint Powers Agreement.

b. Operation and maintenance Plan:

1) Start-Up Operation Plan

The Anthony Water and Sanitation District has an existing, certified operation and maintenance staff. They also have an existing maintenance management system.. As required by NMED (and USEPA), an operation and maintenance manual will be prepared for the wastewater collection and discharge system for Berino Phase I. The operation and maintenance manual will contain normal and emergency operational procedures and controls, equipment data sheets with suggested spare parts inventory, and preventive maintenance schedules. Additionally, NMED requires that a project plan of operation be prepared during the construction phase.

After approval of the O&M manual and while the facility is coming on-line, the District’s operations and maintenance staff will be given class room training for over-all system layout and lift station configuration, controls, and maintenance, and then hands-on-training for the start-up and operation of the system. Monitoring the first year of operation will be completed and quarterly project performance reports will be turned in to NMED. Project performance includes regular support to optimize the system’s operation and maintenance (see Quality Assurance Plan).

2) Contingency Plan

The most common emergency operational procedures associated with a wastewater collection and discharge system is power failure or failure of the lift station pump. The Berino Lift Station design includes two (2) lift pumps, each capable of pumping the community’s wastewater flow, and an on-site emergency power generator. Should either of the lift pumps fail during start-up or normal operation, the second pump can serve as backup until a replacement pump is installed. If normal power should fail, the emergency power generator will be automatically started and will monitor and provide emergency power to the lift station until normal power is restored. The AWSD also has a portable emergency power generator that is capable of providing power to the lift station pumps should the on-site generator fail to operate

3) Safety Plan

The Anthony Water & Sanitation District currently has an operational safety program and practices proper procedures for personnel safety with respect to general job conditions and confined space entry.

b. Operation and maintenance Plan:

4) Quality Assurance Plan

As required by NMED (and USEPA), the District’s staff will be given regular support for optimization of the system’s operation and maintenance during the first year of operation of the system. Quarterly reports will be submitted to the NMED during this first year documenting the operation of the system and assisting the District with any pertinent warranty items. During the fourth quarter of the project performance period, it will be the responsibility of the Engineer to document the performance of the system as designed. Based on the documentation, the Owner will either certify that the project performed as designed, or require the Engineer to make corrections so that the system will perform as designed.

c. Compliance with Applicable Design Regulations and Standards

1) List Each Authorization

No permits will be required for wastewater collection and treatment for the community of Berino. The Anthony Water & Sanitation District has applied for and been issued a groundwater discharge permit to discharge the effluent from the District’s wastewater treatment facility to an adjacent golf course. A copy of the AWSD groundwater discharge permit is also provided in Appendix 2 of this document.

The person at the New Mexico Environment Department, Groundwater Bureau, responsible for review of the permit is given below. The New Mexico Water Quality Control Commission is responsible for promulgating surface and ground water quality regulations and operator certification. The NMED, Ground Water Bureau is responsible for the review and permit issuance of the groundwater discharge permit.

Phyllis Bustamante

NMED Groundwater Bureau

1190 St. Francis Drive

Santa Fe, New Mexico 87502-0110

(505) 827-2900

a. Financial Feasibility

(Should include cash flow, balance sheet, income statement and sources of financing; provide projected statements for 10 years or loan term and 5 years of historical information for existing facilities)

This project includes service to an area of Dona Ana County described as a Colonia. The ability of customers to pay for the full cost of improvements is limited due to their general low income status. Since the basis of the project is the protection of groundwater, there is a need to supplement the capital cost of wastewater service with grant funding. This subsidized project development and construction cost should be set such that user rates are reasonable and affordable (i.e. similar to surrounding low income communities). Ultimately, the financial feasibility is secured by the infusion of grant funds for design and construction which yields user rates that recover operation, maintenance and replacement expenses.

Financial Feasibility:

The feasibility of the Phase I project could not occur without the assistance of grant funding provided through the BECC PDAP, and the USEPA Colonias grant program. The combination of these funds make the provision of improvements necessary to protect the groundwater possible. The long term viability of this project is achieved through regionalization, yet the up front capital cost of regionalization is quite burdensome

Dona Ana County proposes to contract with the Anthony Water & Sanitation District (AWSD) for the operation and maintenance of the Berino wastewater collection system. As such, revenues and expenses required to adequately operate and maintain the proposed improvements will be the responsibility of the AWSD. Therefore, it became necessary to evaluate the financial capability of the AWSD, as the operator, in an effort to develop long term financial feasibility of the completed project. All financial data contained herein represents those provided by AWSD including financial statements and operations & maintenance budgets (historical and pro-forma).

Financial Statements – Historical

The AWSD provided financial records for the past five years. These records consisted of annual audit reports prepared by the independent auditing firms of Kriegel & Company and Rice & Rice, CPA’s. Copies of these audits can be found at the end of this section. The AWSD is audited annually by an independent auditor. The AWSD General Fund is maintained on an accrual basis in accordance with general accepted accounting standards, including the US Comptroller General’s "Government Auditing Standards", and the provisions of OMB Circular A-128, "Audits for State and Local Governments." For all years shown, the independent auditor’s reports found that the AWSD general fund statements present fairly and the financial position of the AWSD is in conformance with generally accepted accounting principles.

a. Financial Feasibility

The AWSD water and wastewater systems are audited as a joint utility enterprise and is not segregated by water and wastewater expenses. The total 1996 operating revenue was $1,010,547. The total operating expenses were $820,278, not including depreciation. Non-operating expenses were determined to be $122,734. Overall the AWSD has a net gain of $67,535 on the water and sewer system. The total un-depreciated value of property, plant and equipment assets of the AWSD is $9,384,197.

Financial Statements – Pro Forma

AWSD wastewater system fund sources and uses for a 20 year life cycle of the project was analyzed. The first five years of the project evaluated system revenue and expenses annually to include the duration of the construction project. Thereafter, 10 year, 15 year, and 20 year projections were computed to highlight activity after the project is complete. Table 4 – 1 provides a summary of the financial statement pro-forma.

Growth projects are based on the regional growth rate of 4% per year compounded. The first year after the project is complete, an additional 330 customers are added to the system to include the connection of the Berino community. Revenues include sewer charges, connection fees, impact fees and project grant funds. Non-operating income includes interest income and interest expense from prior debt obligations of AWSD. The annual revenue stream less depreciation is greater than a ratio of 1.0 for the joint utility operation. There is little room for increased debt service without a rate increase within the AWSD operations. It is clear, that for the duration of the project, particularly when additonal customers connect to the system, the financial health of the community increases.

Financial Structure of the Project

Table 4-2 identifies the various project expenses and the project financial structure for Phase I and Phase II. Certification of Phase I is requested and includes includes a total of $138,000 PDAP funds and $1,810,100 USEPA Colonias funds.

Phase I of the project includes the service of the older Berino colonia for a total project cost of $1,948,100. All of these project funds have been secured and identified. Phase II of the project includes the service to the Kilgore and NM 460 area for a total project cost of $1,408,500. Dona Ana County will request certification of Phase II in the near future.

a. Financial Feasibility

Capital Improvement Plan/Budget

Table 4-2 also provides an itemized capital project expense breakdown for Phase I. Details of the engineering analysis and itemized unit prices for all construction activities can be found in the Berino Wastewater Facilities Plan. All expenses are for fixed assets that will be capitalized to the AWSD watewater fixed asset inventory.

Operations & Maintenance Budget – Historical

As with the financial statement, the past five year O&M budget is for both the joint water and wastewater utility enterprise. These amounts are included in the previously described independent audits. Operating expenses include labor, O&M expenses, fuel & power, equipment, debt service, and depreciation. In addition, all grant funds received by AWSD are included in the O&M budgets. The AWSD does not budget for depreciation, but it is included in the annual audits.

Operations & Maintenance Budget – Pro Forma

The pro-forma O&M budgets are also presented on Table 4-1. The first five years of the project were evaluated annually, with projections for years 10, 15, and 20. In similar fashion as the financial statements, the increase in annual O&M was estimated to be 4% per year for all years except the first year in which an additional 330 Berino customers will be connected to the system during the Phase I project. In this year, the annual growth represents approximately 8% growth to the system. With the addition of the lift station in Berino, this amount appears reasonable as an increase in O&M expense in terms of labor and other expenses. There are some line items such as capital equipment and fuel & power that only see a 6% increase due to the economies of scale of the project.

Sensitivity Analysis

There are several factors that can be adjusted in the financial statement and Operations and Maintenance Budget Pro-Forma. These factors include: project costs, growth rates, energy costs, project phasing, and reduced grant funding. Based on the evaluation of the project thus far, it appears that with the maximum grant award at this point, the financial feasibility is marginal without a rate increase. Any form of a loan is not feasible at this time.

a. Financial Feasibility

Financial Break-Even Analysis

The AWSD has committed to waive their $1,000 per connection impact fee for the colonias residents of the Berino project in both Phase I and Phase II. This waiver of revenue partially contributes to a shortfall in operational expense. In theory, the impact fee charged by AWSD is to fund depreciation, which in essence creates a fund for future capital improvements. It is for this reason that future capital improvement funds to upgrade the wastewater treatment plant (FY 2012) was evaluated as part grant and part loan. This future grant will be necessary in order to offset the waiver of impact fees for the Berino project now which occupies capacity outside the AWSD service area. Overall, the project as proposed is at the break-even point.

Demographic and Economic Information of the Proposed Service Area

The Anthony and Berino area of southern Dona Ana County is one of the fastest growing areas of a fast growing county. There are several statistics that can be cited that highlight this rapid growth rate. The US Census shows an annual growth rate of 3.48% for all of Dona Ana County between 1980 and 1990. However, for Census Tract 18, of which Anthony and Berino are a part, the annual growth rate between 1980 and 1990 was 6.24%. Dona Ana County identified the Anthony and Berino as a part of their South Planning Area, which has a projected growth rate of 5.04%. For the purposes of this study, a conservative annual growth rate of 4% was used in the financial analysis. Faster growth rates will only improve the economies of scale and result in a more feasible project. The 1990 US Census the racial makeup of the area to be 80% Hispanic, 17% white, and 3% other. The average number of persons per household was 3.98.

Anthony and Berino are primarily bedroom communities for the El Paso / Las Cruces job market. There is limited commercial industry available on the New Mexico side of the border, primarily due to limited infrastructure. Many of the employment centers are based around the seasonal agricultural markets.

b. Fee/Rate Model

Fee/Rate Schedules – Historical

The AWSD has a flat rate fee for wastewater service. This is primarily due to the fact that for most of their existence, they did not own the water system from which to compute variable rates. The base fee for AWSD is $17.55 per month for all users. Special rates are negotiated for schools and large institutions, but the number of these are less than 10.

AWSD has user connection fees in the amount of $300.00 per customer, and $1,000 for capital improvement impact. The $1,000 for capital improvement impact is waived for the Phase I Berino project. Additionally contacts have been made with the Paso del Norte Foundation for possible low income private residential funding for the connection fee.

User Fee Structure

The user fee structure proposed for this project is the same as existing, a flat rate of $17.55 per customer. The connection fee of $300.00 per customer will also be assessed. The impact fee will be waived. With AWSD conducting the billing, and not having all water records of the other water companies, the flat rate of $17.55 is also appropriate.

It may be necessary for AWSD to evaluate their joint utility system operations and develop separate accounting for water and sewer service. Any future rate increases should only be made to the wastewater system. The future rate increase could also be determined for various categories of usage. At this time, a rate increase is not recommended.

c. Project Management

Organizational Structure

This project is unique in that it enlists the cooperation of a variety of communities, water boards and water users in an effort to provide wastewater service to the Berino area. The organizational chart below identifies those individuals who will be responsible for various activities on the project within Dona Ana County and AWSD.

Figure 9. Doña Ana County and AWSD Organizational Structure

c. Project Management

The project management for this project has been separated into various activities. The project Manager, Mr. Albert Racelis, will coordinate all efforts including operations, grant administration, and technical issues. Duties and responsibilities of the various individuals include:

Dona Ana County Manager Project Manager

Mr. Fernando R. Macias Mr. Albert Racelis

* Execute all grant agreements * Point of Contact

* Responsible for fiscal management * Manage Operations, Grants, and Technical Staff

* Coordinate with DAC Commission and Manager

Technical Manager * Coordinate Billing with Communities

Mr. Cesar Ramos, P.E

* Manage Engineering Contract Grants Administration

* Oversee Technical Recommendations Ms. Renata Manning

* Review Design * Monitoring Reports

* Reimbursement Requests from NMED

Anthony Water and Sanitation District AWSD - Operational Manager

Board of Directors Mr. Patrick Banegas

* Execute all agreements with DAC * Supply O&M Personnel

* Operations & Maintenance

* Billing

An operational Joint Powers Agreement between Dona Ana County and AWSD will be finalized that cover the operation and maintenance requirements, payment practices, and financing.

Institutional Capacity and Legal Framework

Dona Ana County has contracted the operations of the Berino system to AWSD. AWSD was incorporated in 1978 under the Water and Sanitation District Act 73-21-1 to 73-21-54 NMSA 1978. . The AWSD has been incorporated since 1978 and presently employees a total of 12 full-time employees and one part time laborer. The AWSD Superintendent possess Level IV Certification in water and wastewater. The Wastewater Foreman is a Level IV Wastewater Operator, the Water Foreman is a Level IV Operator, the two operators are both Level II certified in water and wastewater, the two operators in training are supervised and are not certified. A part time laborer is kept on staff. The office personnel include one Office Manager and 4 clerks. AWSD operates essentially as a quasi-municipal entity with powers of bonding and eminent domain. As shown on Tables 4-1, the AWSD is strong financially.

a. Comprehensive Community Participation Plan

In December 1989 Doña Ana County (DAC) identified Berino as a colonia. Community participation and outreach were initiated by the project sponsor with public meetings in May 9, September 29, and October 11, 1994. In 1998, DAC requested BECC certification The DAC developed the Comprehensive Community Participation Plan and submitted the Plan to the BECC on May 15, 1998 and it was approved by the BECC on July 2, 1998. The essential components of the Plan are divided into the following four sections. Activities carried out within these sections are described.

1) Local Steering Committee: (Develop a local steering committee made up of representatives from diverse organizations in the affected community, such as government, elected officials, education, academia, civic groups, non-profit, environmental, etc., to assist with all aspects of community participation)

Community involvement in giving direction to the outreach effort began with several board members and an operator of the Berino Mutual Domestic Water Consumers and Mutual Sewage Works Association (MDWCMSWA). Joining them were individuals from the Colonias Development Council, Catholic Church and DAC. A formal steering committee was later organized and composed of the following individuals.

Lorenza Dorado

Colonia Development Council --

Non-profit Corporation devoted to helping communities organize local boards and help the boards identify what each community would like to achieve and act as the liaison between the local board and respective local, state, and federal agencies.

Ramon Aguirre

President, Berino Mutual Domestic Water Consumers and Mutual Sewage Works Association --

Domestic Non-profit Corporation whose Board is elected from the general membership.

Martin Lopez

Rural Communities Assistance Corporation –

Non-profit Corporation devoted to helping communities develop and maintain water and wastewater systems.

Patrick Banegas

Superintendent, Anthony Water and Sanitation District –

Non-profit Corporation whose Board is elected from the general membership. The Superintendent is appointed by the Board.

Karen Nichols

President, Desert Sands Mutual Domestic Water Consumers Association –

Domestic Non-profit Corporation whose Board is elected from the general membership.

a. Comprehensive Community Participation Plan

2) Meetings with Local Organizations: (The applicant must meet individually with local organizations [e.g., business, civic, community, neighborhood, environmental academia, etc ] affected by the project to provide information on and develop acceptance for the project.)

Local organizations involved in the project from its inception were the Berino MDWCMSWA, leaders of the Immaculate Conception Catholic Church, the Colonias Development Council, and DAC Environmental Services. These organizations were instrumental in developing initial community participation in the project by disseminating project information and soliciting public support.

3) Public Access to Project Information: (The applicant’s project proposal must be made available to the public at least 30 days before the applicant’s first public meeting. This information must be available in a publicly accessible location during and after work hours. As required for public meetings, the applicant must disclose the availability of the project information in the public meeting notices)

The Doña Ana County Regional Wastewater Plan, the Berino Wastewater Facilities Plan and Environmental Information Document were available to the public per requirements of the EPA, NMED, DAC, and the BECC. Fact sheets and survey information were available to the public at the following locations:

Berino Post Office Berino Elementary School

Berino MDWCA & MSWA Office Anthony Senior Center

Immaculate Conception Catholic Church Anthony Health Clinic

Anthony Department of Motor Vehicles Gas Company, Anthony, NM

Anthony Water and Sanitation District Office Desert Sands MDWCA

Doña Ana County Planning Department Branigan Public Library

4) Public Meeting: (Each applicant must hold at least two public meetings in the community affected by the project. If the project affects more than one community, the public meeting must be noticed to citizens in all affected comunities. Notification must at least consist of notifying public officials in affected communities.)

Two additional public meetings to meet BECC requirements were scheduled. One was held on September 16 and the second to be held on October 15, 1998 at the Berino Elementary School. Minutes were recorded and used as official records. Survey sheets were available during the first public meeting. For the second meeting fact sheets and survey forms were delivered by mail and house to house.

a. Comprehensive Community Participation Plan

4) Public Meeting: (Continued).

First Public Meeting, September 16, 1998.

The first BECC public meeting was combined with NEPA required public meetings of the New Mexico Environment Department and DAC. This public meeting presented and discussed the location and plans to provide wastewater collection and treatment in Berino, Las Palmeras and Montana Vista. Technical information was presented in both languages. Approximately 55 residents of these communities were informed of the design of the gravity collection system, sewage pumping station and discharge line to deliver wastewater from these communities for treatment at the AWSD treatment plant. They were also informed of the monthly user fees for wastewater collection and treatment that were expected to range between $15 and $20 per month per connection with a required one time $300 connection fee. Several persons in the audience living outside the project area asked if they would be serviced by the system in the future. The consultants replied the project could be completed by mid-summer of 1999 and some of them could benefit from the system. DAC could assist with connection fees depending on variables such as income, availability of funds, and proximity to the project zone. No one voiced opposition to the project during the

meeting.

Second Public Meeting, October 15, 1998.

The second public meeting was held on October 15, 1998. It was advertised 30 days in advance and held 50 days before certification. Approximately 45 residents of Old Town (Phase I) and New (Phase II) Berino attended. The consultant explained the Phase I project for Old Town Berino and how Phase II for New Berino would be built at a later date. Questions asked during the meeting included the construction time frame; if the school would be hooked up to the system; and the neighboring community south of Thompson Road would be included in the system. Residents were informed that construction is expected to be complete by December of 1999, and the Berino Elementary School and south of Thompson Road would not hook-up into the system because they are Phase IV of the project area. Regarding fees they asked if the hook up was mandatory and if the fee ($300 per household) could be paid in a lump sum or included in the water bill. The reply was that the hook-up is mandatory and the County had extended the hook-up period from 90 days to one year. The decision regarding the hook-up payment was not final, but grant money would be available for low-income residents to apply. Others asked if the sewer line extended to the property line or into the house and the amount of the monthly fee. It was explained that the sewer line extends to the property line and the fee would range between $15.00-$20.00 per household a month. During the comment period no one expressed opposition to the project and overall the residents support it. In closing, residents of Berino delivered the survey form and received copies of the BECC 1997 Annual Report and Fall edition of the BECCNews.

b. Report Documenting Public Support

(The applicant must provide a written report documenting the successful implementation of the Comprehensive Community Participation Plan. The report must include supporting documentation including a list of local steering committee members and their activities related to the project, a list of the local meetings conducted, a copy of the legal notice of the public meeting, the minutes from the public meeting and other such documentation as to demonstrate the scope and success of the Public Participation Plan. The report should convey that the community understands and supports the environmental, health, social, and financial benefits and costs of the project, as well as any changes in user fees.

Appendix 1 of this Project Certification Document contains a copy of the Berino Wastewater Facility Plan in its entirety. Appendix D of the facility plan contains documentation of public hearings and meetings that have been conducted for this project. This documentation contains such information as certification of publication of notice of public hearings, fact sheets prepared for the meetings, transcribed minutes of the meetings, public sign-in sheets, and surveys conducted from the residents affected by the project.

The first documentation of public participation provided in the facility plan is of meetings conducted in September and October 1994 when a local, low-technology facility was proposed. In the four (4) years since the last meeting, the County adopted a regional approach to wastewater treatment. Subsequently, the wastewater collected in Berino will now be pumped to a regional treatment facility in Anthony, New Mexico. To keep the public informed of the change in proposed wastewater treatment, two (2) additional public meetings were conducted on September 16, 1998 and October 15, 1998. The public participation information contained in the appendix of the facility plan documents that the community understands and supports the environmental, health, social, and financial benefits and costs of the Phase I project. Given in the following table is a summary of the surveys conducted at the two (2) meetings held in September and October 1998.

b. Report Documenting Public Support
(Continued)
TABLE 5-1 BERINO WASTEWATER SURVEY Results from Mettings on September 16, 1998 and October 15, 1998 Total Number of Surveys Returned – 31
Survey Question	Number of Responses			Percent of Total Responses
Survey Question	YES	NO	UNK	YES	NO	UNK
1. Do you understand the need for a gravity sewer and pumping station?	30	1		97	3	0
2. Do you understand how the gravity sewer and pumping station will benefit your community?	30	1		97	3	0
3. Do you support the gravity sewer and pumping station for your community?	28	3		90	10	0
4. Do you support Doña Ana County in requesting project certification from the BECC to become eligible for loan financing from NADBank for construction?	27	4		87	13	0
5. Would you pay a higher wastewater bill in order for the project to be built?	16	13	2	50	44	6
TOTAL	131	22	2	84.5	14.2	1.3

a. Definition and Principles:

(Establish a comprehensive approach as to how the project is related to the principles of sustainability. Describe how the project improves the quality of life in the community and how it will meet the needs of present and future generations.)

Doña Ana County has been working with Berino to assure the sustainability of this project. The community has solicited assistance from state and federal agencies including the New Mexico Environment Department, Rural Housing, Rural Utilities Service, as well as local development agencies for the planning and development of the project. The County’s efforts in assuring sustainability, with the assistance of these public and private entities, include the preparation and approval of the "Berino and Montana Vista Wastewater Facilities Plan, Amendment to Berino Wastewater Facility Plan", dated September 1998. The facilities plan and accompanying Environmental Information Document (EID) provide the necessary components to evaluate a sustainable and comprehensive engineering analysis of the requirements for wastewater management for the Berino planning area for a 20-year period. The plan also includes recommended phasing of the wastewater system required to serve all the populated areas. The plan is not designed to increase growth within the planning area, but to serve the growth projected as a result of the increased population.

The project improves the quality of life by eliminating a primary source of groundwater contamination from on-site wastewater systems. These on-site systems include septic tanks, cesspools and unlined pits. The Berino Mutual Domestic Water Consumers Association is the primary water distributor for the planning area. This organization provides drinking water from shallow groundwater wells. Depth to groundwater in this area is 5 to 25 feet. On-site wastewater systems can contaminate groundwater with fecal coliform and nitrates. This project will virtually eliminate hazards to the groundwater from the wastewater collection system.

Berino is a designated colonia, meaning it has inadequate infrastructure. The community is predominantly residential and agricultural with limited commercial development. The commercial development includes two large dairies and a few small service facilities. Some residents commute to Las Cruces. More than half the residents are classified by the State as having a household income below the poverty level.

The community has conducted a series of public meetings and hearings to discuss the community wastewater needs, projected growth of the community, the proposed project and the potential financial impact of the project. At that time, public input indicated that the community generally supports the idea of a wastewater project, but is only minimally capable of supporting rate increases for the additional utility services.

a. Definition and Principles:
A guiding principle of sustainable development is that human beings are central to all concerns and that they are entitled to a healthy and productive life. The project, which will connect about 409 people to wastewater facilities, will help eliminate contaminants that threaten the health and well being of residents. Costs for the construction and maintenance of the system will be supported by user fees in the amount of an estimated $17 per month. This figure is within the means of the populace and is consistent with the median income and a survey conducted by NMED quantifying mean and median costs. (Per capita income in the Anthony Division of DAC is $5,960.00; Median Household Income is $18,081.) The project must also address present and future needs: TABLE 6-1 FUTURE CAPACITY SUMMARY
	Future Capacity	1998	2000	2016
	Phase I Population	409	409	490
	% of Household w/ Wastewater Treatment	0%	100%	100%
	Wastewater Generation (gpd)	35,000	35,000	42,000

b. Institutional and Human Capacity Building:
(The applicant should provide information on how the project demonstrates and strengthens the capacity of local institutions, including government, to operate and support the project. For example, the project could strengthen local capacity in the collection of user fees in order to guarantee the local self-sufficiency for the service (identifying the user, developing and equitable payment structure, monitoring the collection of fees, etc.). Also, provide information on training and capacity building for administration, operating, and maintenance personnel associated with the project.)
User rates are a function of the total annual operating and maintenance costs to run the facilities plus any debt service for capital improvements. It is essential that the initial project is funded solely through grant-type funding to keep initial user fees as low as possible. The community has discussed the possibility of regionalizing the treatment and the collection facilities, such as lift stations, to pool operating resources and the cost for operation and maintenance support. The best management options identified in the Facilities plan included having the MDWCA, the local mutual domestic, operate the system, or having a Joint Powers Agreement with Anthony Water & Sanitation District and Doña County.

b. Institutional and Human Capacity Building:

(The applicant should provide information on how the project demonstrates and strengthens the capacity of local institutions, including government, to operate and support the project. For example, the project could strengthen local capacity in the collection of user fees in order to guarantee the local self-sufficiency for the service (identifying the user, developing and equitable payment structure, monitoring the collection of fees, etc.). Also, provide information on training and capacity building for administration, operating, and maintenance personnel associated with the project.)

User-fees are low enough to strengthen local self-sufficiency for the service. Users will benefit materially from the infrastructure upgrade by increased property values. An equitable pay structure was accomplished by a survey of rate schedules for similar construction and participant income.

Connections with the Anthony Water & Sanitation District were optimal for this community for several reasons. First, the community would not be responsible for the treatment of the wastewater. Operations and maintenance for the collection system could be performed by the MDWCA staff. Billing and administration could also be performed by the MDWCA. This would insure that the system would be controlled by the community, but would optimize the treatment options.

Ties with the County and the AWSD would allow the community to apply for state and federal funding that would not be available to the MDWCA. It would also facilitate negotiations for easements within County rights-of-way. State and federal funding are proposed to subsidize connection fees, which will encourage community participation in the project.

The project is one of several in the southern New Mexico region and is a component of DAC’s commitment to regional planning and cost containment. This is a significant development in the planning necessary to successfully address emerging infrastructure needs and is a basic component of sustainable development. The DAC has begun the process of strengthening its institutional infrastructure and a utility consultant has been contracted to look for synergies among the many small communities in the region upgrading their infrastructure. The institutional capacity of the Anthony Water and Sanitation District (AWSD) is also enhanced; AWSD has the capacity to provide services to Berino and brings 18 years of experience in operations and maintenance. Monitoring and collection of user-fees will be the responsibility of the district.

c. Conformance with Applicable Local and Regional Conservation and Development Plans

(List applicable local and regional plans and regulations that affect the project. Briefly describe the plans or regulations, and explain how the project conforms or will conform to the plans and regulations. Provide the name of the agency with authority, contact person, address, phone number and fax, date the project was determined to conform to the plans, and proof of conformance.)

The County of Doña Ana has recognized the need for wastewater collection and treatment in unincorporated areas of the County and has recently adopted a plan to provide water and wastewater to these areas. If a regional approach is adopted within the County, the number of lift stations, and subsequent operation and maintenance, would be less than that required for stand-alone facilities. Dona Ana County passed Resolution No. 96-36 that established a countywide water and wastewater utility to serve unincorporated areas of Dona Ana County.

As stated in Sections B and C, the County has recognized the Berino Facilities Plan as part of the development plan for the County to serve the unincorporated areas. While some rights-of-way must be acquired from public and private entities, the plan is in full conformance with the existing local and regional plans. Albert Racelis, Utilities Director, Doña Ana County, 180 West Amador Avenue, Las Cruces, NM 88001, 647-7200, is the representative of the County that has reviewed the Facilities Plan.

Other applicable local and regional regulations have been satisfied in the Facilities Plan and supporting Environmental Information Document and Environmental Assessment. These documents confirm the sustainability and viability of the proposed project. Additionally, a regional conservation and development plan has been proposed by NMED. The plan specifies regionalized wastewater treatment in Doña Ana County using facilities in Hatch, Vado, Santa Teresa, and Anthony. This project is consistent with that plan in that it provides wastewater treatment using existing institutional capacity in Anthony.

d. Natural Resource Conservation

(Describe how the project achieves natural resource conservation. For water projects, describe how the project will conserve, utilize more efficiently, and/or reuse water resources. For solid waste projects, describe the ways the project will incorporate waste reduction, reuse, and/or recycling.)

The project utilizes water more efficiently. Currently, contaminants from septic tanks and cesspools adversely affect ground water and soils. Drinking water is obtained by groundwater from the Mesilla Bolson and treated surface water from the Rio Grande. Both sources will benefit from the reduction of contaminates and discharge.

Effluent from the project will be treated at AWSD. The project achieves natural resource conservation from the reuse of treated effluent to irrigate the Dos Lagos golf course, adjacent to the Anthony Wastewater Treatment Plant. This method of discharge provides return flow to groundwater and puts the treated wastewater to beneficial use. This discharge is covered under NPDES Permit No. NM0029629 and NMED DP-450. Under the regional plan proposal, Berino’s wastewater would be pumped to Anthony’s wastewater treatment plant. The current discharge plan covers the estimated additional quantity of effluent that would be pumped to the Golf Course. Although the area is considered "developed", the minimal construction will help preserve open space and desert habitats

E. Community Development

(Describe how the project fosters community development. Indicate how the project provides or encourages new educational, recreational, or other community services. Furthermore, provide analyses of positive and negative social impacts, including economic effects, of the proposed project on the community. Include a discussion of long term effects on socioeconomic development strategies and the quality of life. An example might be z case where a solid waste management system would put at risk a source of income for those groups dependent on the municipal waste stream. In this case, the applicant would indicate how the project addresses these groups’ needs of being more self-sufficient or of being able to find alternate sources of income.)

The most notable improvements to the community will be in areas of public health and the environment. At the same time, the financial impact is within the means of the residents. Other sources of contaminants are being identified and addressed. The NMED Groundwater Division has identified an egg farm whose waste stream could be added to the project. Preliminary discussions are underway with this user. According to the facility plan, the population of the Phase I planning area is estimated at 409 persons presently and projected to be about 490 by the year 2014. The long term growth rate for DAC is at 4% or more, and the addition of improved infrastructure could contribute to the growth rate as well as loss of agricultural areas to urban development. However, it is estimated that these trends will occur with or without the project. Not addressing the current health and environmental risks would be the worse alternative.

Table of Contents

Tab No. Topic

1 Berino Wastewater Facility Plan, September 1998

2 Anthony Water & Sanitation District --

Sewer Use Ordinance

Groundwater Discharge Permit

Financial Audits -- Anthony Water and Sanitation District – 1993 through 1996

Resolution for Regional Wastewater Treatment -- Doña Ana County

Grant Commitment Letter -- New Mexico Environment Department