appendix a supporting documentation€¦ · sinkhole slide or slip sodic spot spoil area the soil...

Appendix A

Supporting Documentation

Soil Map—Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, and Rio Arriba Counties (Los Montoyas Arroyo project area soils)

MAP LEGEND MAP INFORMATION

Area of Interest (AOI) Area of Interest (AOI)

Soils Soil Map Unit Polygons

Soil Map Unit Lines

Soil Map Unit Points

Special Point Features Blowout

Borrow Pit

Clay Spot

Closed Depression

Gravel Pit

Gravelly Spot

Landfill

Lava Flow

Marsh or swamp

Mine or Quarry

Miscellaneous Water

Perennial Water

Rock Outcrop

Saline Spot

Sandy Spot

Severely Eroded Spot

Sinkhole

Slide or Slip

Sodic Spot

Spoil Area The soil surveys that comprise your AOI were mapped at 1:24,000.

Stony Spot

Water Features Streams and Canals

Transportation Rails

Interstate Highways

US Routes

Major Roads

Local Roads

Background Aerial Photography

Very Stony Spot

Wet Spot

Other

Special Line Features

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map measurements.

Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857)

Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.

Soil Survey Area: Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, and Rio Arriba Counties Survey Area Data: Version 13, Sep 15, 2019

Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.

Date(s) aerial images were photographed: Jun 23, 2018—Sep 9, 2018

The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

Natural Resources Web Soil Survey 10/4/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map—Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, and Rio Los Montoyas Arroyo project area Arriba Counties soils

Map Unit Legend

Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI

183 Sheppard loamy fine sand, 8 to 15 percent slopes

0.0 0.3%


8.6 99.7%

Totals for Area of Interest 8.6 100.0%


County NAAQS Area Name Nonattainment in Year Redesignation

to Maintenance

Cla

NEW MEXICO Bernalillo County

Carbon Monoxide (1971)

Albuquerque,NM 07/15/1996

M92 93 94 95

Dona Ana County

1-Hour Ozone (1979)-NAAQS revoked

Sunland Park, NM (New Area1995)

/ / M95 96 97 98 99 00 01 02 03 04

Dona Ana County

8-Hour Ozone (2015)

Dona Ana County(SunlandPark Area),NM

/ / M18 19

Dona Ana County

PM-10 (1987)

Anthony,NM / / M92939495969798990001020304050607080910111213141516171819

Grant County

Sulfur Dioxide (1971)

Grant Co, NM 11/17/2003 92 93 94 95 96 97 98 99 00 01 02

11/1/2019 New Mexico Nonattainment/Maintenance Status for Each County by Year for All Criteria Pollutants | Green Book | US EPA

You are here: EPA Home > Green Book > >National Area and County-Level Multi-Pollutant Information >New Mexico Nonattainment/Maintenance Status for Each County by Year for All Criteria Pollutants

New Mexico Nonattainment/Maintenance Statusfor Each County by Year for All Criteria Pollutants Data is current as of September 30, 2019

Listed by County, NAAQS, Area. The 8-hour Ozone (1997) standard was revoked on April 6, 2015 and the 1-hour Ozone (1979) standard was revoked on June 15, 2005.

* The 1997 Primary Annual PM-2.5 NAAQS (level of 15 µg/m3) is revoked in attainment and maintenance areas for that NAAQS. For additional information see the PM-2.5 NAAQS SIP Requirements Final Rule, effective October 24, 2016. (81 FR 58009)

Change the State: NEW MEXICO GO

Important NotesDownload National Dataset: dbf | xls | Data dictionary (PDF)

Important Notes

Discover. Connect. Ask.

Follow.

2019-09-30

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Espan

Sources: Esri, HERE, Garmin, USGS , Intermap, INCREMENT P, NRCan, E sri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

106°

38'

32'' W Depth to Water Table—Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, and Rio Arriba Counties

(Los Montoyas Arroyo project area_depth to water table)

350600 350700 350800 350900 351000 351100 351200 351300 351400 351500 351600 35° 15' 36'' N 35° 15' 36'' N

35° 15' 13'' N

3902

500

3902

600

3902

700

3902

800

3902

900

3903

000

3903

100

3902

400

3902

500

3902

600

3902

700

3902

800

3902

900

3903

000

3903

100

106°

37'

49'' W

106°

37'

49'' W

Soil Map may not be valid at this scale.

35° 15' 13'' N

350600 350700 350800 350900 351000 351100 351200 351300 351400 351500 351600

Map Scale: 1:5,050 if printed on A landscape (11" x 8.5") sheet. Meters

N 0 50 100 200 300 Feet

0 200 400 800 1200 Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84

106°

38'

32'' W


Depth to Water Table—Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, and Rio Arriba Counties (Los Montoyas Arroyo project area_depth to water table)

MAP LEGEND

Area of Interest (AOI) Area of Interest (AOI)

Soils Soil Rating Polygons

0 - 25

25 - 50

50 - 100

100 - 150

150 - 200

> 200

Not rated or not available

Soil Rating Lines 0 - 25

25 - 50

50 - 100

100 - 150

150 - 200

> 200


Soil Rating Points 0 - 25

25 - 50

50 - 100

100 - 150

150 - 200

> 200


Water Features Streams and Canals

Transportation Rails

Interstate Highways

US Routes

Major Roads

Local Roads

Background Aerial Photography

MAP INFORMATION

The soil surveys that comprise your AOI were mapped at 1:24,000.

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map measurements.

Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857)

Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.

Soil Survey Area: Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, and Rio Arriba Counties Survey Area Data: Version 13, Sep 15, 2019

Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.

Date(s) aerial images were photographed: Jun 23, 2018—Sep 9, 2018

The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.


Depth to Water Table—Sandoval County Area, New Mexico, Parts of Los Alamos, Sandoval, Los Montoyas Arroyo project and Rio Arriba Counties area_depth to water table

Depth to Water Table

Map unit symbol Map unit name Rating (centimeters) Acres in AOI Percent of AOI


>200 0.1 1.2%


>200 8.3 98.8%

Totals for Area of Interest 8.4 100.0%

Description

"Water table" refers to a saturated zone in the soil. It occurs during specified months. Estimates of the upper limit are based mainly on observations of the water table at selected sites and on evidence of a saturated zone, namely grayish colors (redoximorphic features) in the soil. A saturated zone that lasts for less than a month is not considered a water table.

This attribute is actually recorded as three separate values in the database. A low value and a high value indicate the range of this attribute for the soil component. A "representative" value indicates the expected value of this attribute for the component. For this soil property, only the representative value is used.

Rating Options

Units of Measure: centimeters

Aggregation Method: Dominant Component

Component Percent Cutoff: None Specified

Tie-break Rule: Lower

Interpret Nulls as Zero: No

Beginning Month: January

Ending Month: December


Las Montoyas Arroyo project area_close-up

0.2 0.4 0.1 mi

0.3 0.6 0.15 km

1:12,276 0

0 U.S. Fish and Wildlife Service, National Standards and Support Team, [email protected]

This map is for general reference only. The US Fish and Wildlife October 4, 2019 Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should Wetlands Lake be used in accordance with the layer metadata found on the Wetlands Mapper web site.

Freshwater Emergent Wetland Estuarine and Marine Deepwater Freshwater Forested/Shrub Wetland Other Estuarine and Marine Wetland Freshwater Pond Riverine

National Wetlands Inventory (NWI) This page was produced by the NWI mapper

mailto:[email protected]

106°38

'41.27"

W National Flood Hazard Layer FIRMette 35°15'39.28"N

USGS The National Map: Orthoimagery. Data refreshed April, 2019.

106°38'3.81"W

LegendSEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

Without Base Flood Elevation (BFE)Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR SPECIAL FLOODHAZARD AREAS Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due to Levee. See Notes. Zone XOTHER AREAS OFFLOOD HAZARD Area with Flood Risk due to Levee Zone D

NO SCREEN Area of Minimal Flood Hazard Zone X Effective LOMRs

OTHER AREAS Area of Undetermined Flood Hazard Zone D Channel, Culvert, or Storm Sewer STRUCTURES GENERAL Levee, Dike, or Floodwall

20.2 B Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation 8 Coastal Transect Base Flood Elevation Line (BFE)

Limit of Study Jurisdiction Boundary Coastal Transect Baseline OTHER Profile Baseline FEATURES Hydrographic Feature Digital Data Available No Digital Data Available

MAP PANELS Unmapped Ü The pin displayed on the map is an approximate point selected by the user and does not representan authoritative property location.

This map complies with FEMA's standards for the use ofdigital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standardsThe flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 10/4/2019 at 6:02:26 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes.

35°15'9.90"NFeet 1:6,000 0 250 500 1,000 1,500 2,000

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Contact Information: (505) 827-2855 MAIN // 1-800-219-6157 (toll free)

Environmental Emergencies: 505-827-9329 (24 hrs)

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•Site Information and access to Status Reports for National Priorities list (NPL) Sites in New Mexico:

Site Status County

AT&SF Albuquerque NPL Bernalillo

AT&SF Clovis Deleted from NPL Curry

Cal West Metals USSBA Deleted from NPL Socorro

Chevron Questa Mine (f.k.a. Molycorp) NPL Taos

Cimarron Mining Corp. NPL Lincoln

Cleveland Mill Deleted from NPL Grant

Eagle Picher Carefree Batteries NPL Socorro

Fruit Avenue Plume NPL Bernalillo

Grants Chlorinated Solvents Plume NPL Cibola

Griggs & Walnut Ground Water Plume NPL Doña Ana

Homestake Mining Co. NPL Cibola

Jackpile-Paguate Uranium Mine NPL Cibola

Lee Acres Landfill NPL San Juan

Lee and West Second NPL Chaves

McGaffey & Main Ground Water Plume NPL Chaves

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Biological Evaluation Lower Montoyas Arroyo

Storm Drainage Improvement Project City of Rio Rancho, Sandoval County, New Mexico

Prepared for Southern Sandoval County Arroyo Flood Control Authority

September 23, 2019

Daniel B. Stephens & Associates, Inc. 6020 Academy NE, Suite 100 • Albuquerque, New Mexico 87109

•• •• • • • •• •

• • •• • ••

• • •• • ••

.

le of Contents

Section Page

1. Introduction ................. ....... .... · ··· ·· · · ·· ♦-· · ..• ♦-· · · ·-·· · ··-·· ·· ·-·· · ·-♦-- · · ·-♦-· · · ·· ·· · • • •• • •• • •• • • •• •• • • •• •• • • 1 1.1 Project Purpose and Need ................................... - .. · ·-·· ·· -♦....... . . . . . .. .... . . .... . . .. . .. . . .. . . ..-♦. 1 12 location and Description of the Proposed Action..............·-·· · · ·-·· ·· ·-·· ·· -♦-- .. ... . . . . .... . . . .... . 1

2. Project History... ................. ........... . ..•....... .•..... .•.. .. .• 5

3. Action Area........ ................. ........... . ..•......•....... .•.. .. .• 6

4. Methods ... .. ....... ................. ........... . ................. ....... .... .. .. 7 4 .1 Off-Site Me thodology .................... ............. ·· - ·····- ······ ·· . ................. .. 7 4.2 Survey Me thod ............................. ............. ·· - ···· ·- ······ ·· . ................. .. 7

5. Regulato,y Context .............................. ..........•.. . ..•.............. .• 9

6. General Environmental Setting ..............................•.. .................. 10 6.1 Ecoregions........ .... ........................ ... ♦-· · · ·· ·.. .................. 10 6.2 Climate .... . ................................... ... ♦-· · · ·· ·.. ......................... 10 6.3 Soils.... ..... . ....... .......... .................. ················- ·· . ................. ....... 11 6.4 land Use . ............................. ..........•.. . ................. 11

7. Survey Results ............................. ..........•.. . ................. 12 7.1 Fauna Observed ... ... ..................... ................... . . ................. 12

7.1.1 Invertebrates Observed .......................•......•.. . ....... ... 12 7.1.2 Fish Observed ....................................... . . .......... 12 7.1.3 Amphibians Observed . .......................... . . .......... 12 7.1.4 ReptilesObserved ........................•......•.. . .......... 13 7.1.5 Birds Observed ...................................... . . ................. 13 7.1.6 Mammals Observed .............................. . . ................. 14

7.2 Flora Observed.................................•......•......•.. .................. 14 7.3 Observed W aterways and Soils ....................... . . .......... 15 7.4 Observed Surrounding Landscape and Land Use ... . .......... 16 7.5 Observed Hum an or Natural Disturbance ........ . . .......... 16

8. Listed Species and Critical Habitat Analysis ............. ·· - ······ ····· ·· ·· . ................. 17 8.1 Species Listings.........................•......•......•.....- .. ·· - ··········· ·················· ......................... 17

8.1.1 U.S . Fish &Wildife Service .................... ··- ······ ·· ··· ·· ·· . ................. 17 8.1.2 New Mexico Department of Game and Fish.. ·· - ····· - ····· - ···· ·· ····· ·· ·· ·· ····· ·· ·········· 17 8.1.3 New Mexico End angered Plants ................... ·· - ····· - ······ ····· ·· ·· ·· ··· ·· ·· ················· 17

82 Critical Habitat AnaJysis .................................- ····· - ·· ·· - ···· ·· · ······ ·· ·· ····· ·· ················· ······· 18 8.3 listed Species Eliminated from Further Consideration ... ·· - ····· - ···· ·- ···· ·· ·· .. .... .. ....... ... 18 8.4 Listed Species Evabated Further. ..........•.. ·· - ····· - ········ .................. 18

9. Project Area Direct Effects Analysis..... ............ . . ................. 19

on ;eJ B. Stephent & Auociotet, I nc.

Table of Contents (Continued)

Section Page

10. Project Area Indirect Effects Analysis .. . ... .... 21

11. Action Area Direct and Indirect Effects Analysis .... ...... .... 22

12. Recommendations for Avoidance, Minimization, and Mitigation ....... . . ... ... 23

13. Conclusion ... ... ..... 24

14. Report Preparer and Certification ...... . . .... .... 26

References .. ... ..... 27

List of Figures

Figure

1 Project Location Map

2 USGS 7.5 Minute Topographic Quadrangle

3 Biological Survey

List of Tables

Tobie

1 Fauna Observed Within the Biological Survey Area

2 Flora Observed Within the Biological Survey Area

3 Listed Species with No Potential Habitat in the Project Area and/or Action Area and Eliminated From Further Consideration

D a n i e l B . S t e p h e n s & A s s o c i a t e s , I n c .

List of Appendices

Appendix

A U.S. Fish and Wildlife IPaC Report

B Other Species Listings

C Photographs

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\Final_923.docx iii


1. Introduction

Daniel B. Stephens & Associates, Inc. (DBS&A) was contracted by the Southern Sandoval

County Arroyo Flood Control Authority (SSCAFCA) to perform a biological evaluation (BE) in

support of a storm drainage improvement project within the City of Rio Rancho, Sandoval

County, New Mexico (Figure 1). The project is located within SSCAFCA property and is

adjacent to both private and City of Rio Rancho property. The project is within Lower Montoyas

Arroyo (the Arroyo), a tributary to the Rio Grande (a water of the United States).

The purpose of this BE is to document the findings of a biological survey of the project area, the

results of which will be included in an environmental assessment (EA). The report delineates

the Action Area, describes natural resources and species observed in the project area, provides

analyses of potential impacts to natural resources and species resulting from the proposed

project, and recommends measures to avoid, minimize, and/or mitigate those impacts

consistent with federal, state, tribal, and local laws.

1.1 Project Purpose and Need

The purpose of the proposed action is to provide flood protection for Rio Rancho infrastructure

and development adjacent to the project area. The project is needed because flooding has

been an ongoing issue, leading to erosion of the Arroyo banks. Flooding has been caused in

part by increased urban development of the region.

1.2 Location and Description of the Proposed Action

SSCAFCA is proposing channel stabilization of the Arroyo from NM 528 downstream to the

entrance to the Lower Montoyas Water Quality Facility in Rio Rancho, New Mexico. The length

of the project is approximately 3,000 feet (0.57 mile). Preliminary design includes installation of

a concrete trapezoidal-shaped channel within the arroyo to eliminate erosion along the side

slopes and degradation (deepening) of Arroyo bottom. The preliminary design requires that a

portion of the Arroyo is filled with soil to provide the appropriate sub-base and base for the

concrete surface. The channel will be 8 feet deep with 2:1 side slopes and a 60-foot-wide

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\Final_923.docx 1


channel bottom. Drop structures will be placed approximately every 700 feet. A 12-foot-wide

maintenance access road with base course is planned along the top of the south side of the

channel. A variety of materials and channel profile configurations will be considered during the

design phase of this project.

The project is needed to provide flood protection for adjacent businesses and neighborhoods

and erosion control for the Arroyo. The project would be funded through the Federal

Emergency Management Agency (FEMA) Pre-Disaster Mitigation Program and with SSCAFCA

bonds. The project is located within the Arroyo and is SSCAFCA owned or maintained.

Best management practices (BMPs) will be implemented as part of the project for compliance

with the required conditions of the permit. Conditions will be met as required by Clean Water

Act (CWA) §§ 301, 302, 303, 306, and 307, and will include the following:

• Fuel, oil, hydraulic fluid, lubricants, and other petrochemicals will not be stored within the

100-year floodplain, and will have a secondary containment system capable of

containing twice the volume of the product. Appropriate spill cleanup materials such as

booms and absorbent pads will be available on-site at all times during construction.

• All heavy equipment used in the project area will be pressure washed and/or steam

cleaned before the start of the project and will be inspected daily for leaks. A written log

of inspections and maintenance will be completed and maintained throughout the project

period. Leaking equipment will not be used in or near surface water. Refuel equipment

will be kept at least 100 feet from surface water.

• Work in the stream channel will be limited to periods of no flow.

• Temporary crossings will be restricted to a single location, will be perpendicular to the

channel, and will be at a narrow point of the channel to minimize disturbance. Heavy

equipment will be operated from the bank or work platforms and will not enter surface

water. Heavy equipment will not be parked within the stream channel. Directional

borehole (horizontal) drilling will be used instead of open-cut trenching for the placement

of utility lines or other buried structures crossing the channel.



• All asphalt, concrete, drilling fluids and muds, and other construction materials will be

properly handled and contained to prevent releases to surface water. Poured concrete

must be fully contained in mortar-tight forms and/or placed behind non-erodible

cofferdams to prevent contact with surface or ground water. Appropriate measures will

be used to prevent wastewater (i.e., from concrete batching, vehicle washdown, or

aggregate processing) from entering the watercourse. No dumping of any waste

materials will occur in or near watercourses.

• Protective measures will be used to prevent blasted, ripped, or excavated soil or rock

from entering surface water. Construction excavation dewatering discharges will be

uncontaminated and will include all practicable erosion control measures and turbidity

control techniques.

• Work or the use of heavy equipment in wetlands will be avoided.

• All areas adjacent to the watercourse that are disturbed as a result of the project,

including temporary access roads, stockpiles, and staging areas, will be restored to pre-

project elevations unless the change is part of the project design. Disturbed areas

outside the channel that are not otherwise physically protected from erosion will be

reseeded or planted with native vegetation. Stabilization measures including vegetation

will be taken at the earliest practicable date, but by the end of the first full growing

season following construction. Appropriate riparian and/or wetland species will be used

in areas that support such vegetation. Plantings will be monitored and replaced for an

overall survival rate of at least 50 percent by the end of the second growing season.

SSCAFCA will ensure that once established, native plants adapted to the site are able to

thrive with no supplemental water or treatment.

The project scheduling and phasing has not been determined at this time.

Land within the surrounding area is primarily private property. The project area is shown on the

Loma Machete NM, New Mexico 7.5-minute U.S. Geological Survey (USGS) quadrangle map

(USGS, 1975).



The proposed project limits are at the following coordinates:

• West (upstream) project limits: Lower Montoyas Arroyo and NM 528

− 35°15’25.5” N latitude, 106°38’28.9” W longitude (North American Datum [NAD] 83)

− Elevation of 5,168.7 feet above mean sea level (feet msl)

• East (downstream) and end of channel improvements: Lower Montoyas Arroyo at

entrance to Lower Montoyas Water Quality Facility

− 35°15’24.6” N latitude, 106°37’52.9 W longitude (NAD 83)

− Elevation of 5,130.7 feet msl

The proposed project footprint includes approximately 0.57 mile of channel and 104-foot width

of channel and access road, for a total of 7.14 acres. Figures 1 through 3 show the project

location and area.



2. Project History

The history of recent channel improvement projects is not known. Based on observations of the

condition of the channel, it appeared that gabion rock structures were installed for bank

protection at the downstream end of the project area. It is assumed that no previous biological

surveys have been conducted for the project area.



3. Action Area

The Action Area is the buffer zone around the project area and is defined by potential project

impacts, including those downstream from the project footprint. Analysis of the Action Area is

aimed at evaluating potential impacts to species listed under the federal Endangered Species

Act (ESA), critical habitat, other special-status species, and other biological resources related to

the effects of stormwater discharge during construction.

Figure 3 shows the boundaries of the project footprint and the Action Area. The Action Area for

the proposed project consists of the channel bottom of the Arroyo 100 feet upstream of the

beginning of the project at the intersection of NM 528 and 800 feet downstream of the entrance

to the Lower Montoyas Water Quality Facility (end of the project).



4. Methods

4.1 Off-Site Methodology

Prior to the biological field survey of the proposed project area, a request for data regarding

threatened and endangered species was submitted to the U.S. Fish and Wildlife Service

(USFWS) Information, Planning and Conservation System (IPaC). Based on the IPaC report

provided by the USFWS (USFWS, 2019a) (Appendix A), research was then conducted on

special-status species that could potentially occur in the area; other relevant documents were

reviewed to determine the locations and types of biological resources that have the potential to

exist within the project area and Action Area. The USFWS National Wetland Inventory

(USFWS, 2019b) was queried for wetland habitats in the project area and Action Area.

The New Mexico Department of Game and Fish (NMDGF) Biota Information System of New

Mexico (BISON-M) (NMDGF, 2019) was queried for state-listed threatened and endangered

species (Appendix B). The New Mexico state endangered plant species list (EMNRD, 2017)

was queried for records of occurrence of special-status plant species that may potentially occur

in the area. Based on the information generated by the National Wetlands Inventory mapper,

wetland maps were generated showing the proximity of the habitats to the project area

(Figure 3). In addition, potential noxious weed lists for New Mexico were reviewed (Ashigh et

al., 2010; NRCS, 2003).

4.2 Survey Method

DBS&A biologist Julie Kutz conducted a 100 percent pedestrian survey of the biological survey

area. The biological survey area (Figure 3) included the Arroyo from NM 528 downstream to

the entrance to the Lower Montoyas Water Quality Facility, a distance of approximately

3,000 feet (0.57 miles).

The field survey was conducted on September 5, 2019 beginning at 8:15 a.m. and ending at

11:10 a.m. Weather conditions during the survey were clear, calm, and warm with a

temperature of approximately 75°F to 85°F.



The survey was performed to assess general and dominant vegetation community types,

community sizes, habitat types, and species present within communities. Community types

were based on observed dominant vegetation composition and density. Vegetation

classifications of plant communities in the study area were derived from the criteria and

definitions of Dick-Peddie (1993), Brown (1994), ecoregions map for New Mexico by Griffith et

al. (2006), and the National Gap Analysis Program (GAP) (USGS, 2019). Plants were identified

as possible to the lowest taxonomic level sufficient to determine whether the plant species

observed were non-native, native, and/or special status. Plants of uncertain identity were

subsequently identified from taxonomic keys provided by DeWitt Ivey (2003), Carter (2012), and

Allred and DeWitt Ivey (2012). Scientific and common species names were recorded according

to the U.S. Department of Agriculture (USDA) PLANTS database (USDA, 2017).

Fauna occurring in the biological survey area were recorded based on direct observation,

wildlife sign (e.g., tracks, burrows, nests, scat), or vocalization. Field data compiled for wildlife

included the species scientific name, common name, and evidence of sign when no direct

observations were made. Wildlife of uncertain identity was documented and subsequently

identified from specialized field guides and related literature (Sibley, 2000; Alderfer and Dunn,

2014; Burt and Grossenheider, 1980; Murie, 1982).

The Action Area was determined first by a review of an aerial photograph of current conditions

(Google Earth, 2019), the USFWS IPaC report for the project area (Appendix B), and the

USFWS wetland inventory (USFWS, 2019b) to aid in determining biological features of the

project footprint and surrounding land. The Action Area boundaries were then further defined

based on the location of the project, findings of the biological survey, and the type of project

impacts as they relate to occurrence of special-status species or species of importance, critical

habitat, and stormwater runoff (i.e., some distance off-site where sedimentation or turbidity or

erosion may have an effect). The Action Area was thus determined to include the area around

the Arroyo, approximately 100 feet beyond the survey area at the upstream end and 800 feet

downstream within a detention pond of the Arroyo. The detention pond only contains surface

water after storm events; otherwise, it is dry.



5. Regulatory Context

Regulatory laws applicable to the project and Action Area include, but are not limited to, the

following:

• Endangered Species Act (ESA)

• Migratory Bird Treaty Act (MBTA)

• Bald and Golden Eagle Protection Act

• CWA Section 401

• CWA Section 404

• Executive Order 11990 (Protection of Wetlands)

• Noxious Weed Management Act

• Executive Order 11988 (Floodplain Management)



6. General Environmental Setting

6.1 Ecoregions

The proposed project is located along Lower Montoyas Arroyo, an ephemeral drainage that is a

direct tributary to the Rio Grande. The channel is within the Albuquerque Basin ecoregion

(Griffith et al., 2006). This region lies within plains and piedmont plains with alluvial fans and

scattered hills. The vegetation of the ecoregion is dominated by sand scrub and desert

grassland species including drought-resistant perennial bunchgrasses (growing in clumps),

especially Indian ricegrass (Achnatherum hymenoides), threeawn (Aristida spp.), blue grama

(Bouteloua gracilis), sand dropseed (Sporobolus cryptandrus), mesa dropseed (Sporobolus

flexuosus) and muhly (Muhlenbergia spp.), or James’ galleta (Pleuraphis jamesii). Scattered

shrubs and dwarf-shrubs often are present, especially basin big sagebrush (Artemisia

tridentata), saltbush (Atriplex canescens), joint fir (Ephedra trifurca), broom snakeweed

(Gutierrezia sarothrae), and winterfat (Krascheninnikovia lanata) (USGS, 2019). These

grasslands typically intergrade into salt-desert shrubs or sagebrush, and support grasslands

due to unusual soils (sand, gravel, or alluvium) and low rainfall.

The area above the Arroyo includes areas with a mixture of urban development and pockets of

undeveloped land with native vegetation. Development on the north side above the Arroyo is

light industrial facilities with buildings and storage yards, paved and unpaved. The land above

the Arroyo on the south contains open, undeveloped lots of native vegetation surrounded by

residential and commercial development.

6.2 Climate

The mean temperature ranges from a winter minimum of 19°F (–7.2°C) to a winter maximum of

49°F (9.4°C) (January) and from a summer minimum of 62°F (16.6°C) to a summer maximum of

92°F (33.3°C) (July) (Griffith et al., 2006). Mean annual precipitation ranges from 8 to

11 inches; more precipitation typically occurs in the summer months than in the winter months.



6.3 Soils

Soils within and above the channel are Sheppard loamy fine sand that is found on benches,

alluvial fan stream terraces, dunes, and channels and streams. The soils are loamy fine sand

down to 60 inches in depth (NRCS, 2019).

6.4 Land Use

Land use surrounding the project area is residential, commercial, and light industrial

development or vacant undeveloped land.


7.1.1 Invertebrates Observed

7.1.2 Fish Observed

7.1.3 Amphibians Observed


7. Survey Results

This section documents observations from the biological survey conducted on September 4,

2019. The biological survey area includes the project area and Action Area as shown on

Figure 3. Figure 3 notes features observed during the survey. Photographs taken during the

survey are provided in Appendix C.

7.1 Fauna Observed

The most abundant animals evidenced during the biological survey were rodents, likely Microtus

spp. Rodent trails, tracks, and burrows were observed to be common throughout the project

area. Desert cottontail rabbits (Sylvilagus audubonii) were also observed in the area of the

channel. Canid tracks and scat, either dog or coyote (Canis spp.), were observed within the

channel bottom. Table 1 provides a complete list of species observed during the survey.

The following subsections describe species observed during the field survey.

Invertebrates including a blue mud wasp (Chalybion californium), dragonfly (Anisoptera sp.),

and two red velvet ant wasps (Mutillidae sp.) were observed during the survey.

No perennial waters are located within the project area and no fish were observed during the

survey.

No amphibians were observed during the survey.


7.1.4 Reptiles Observed


Reptiles including a prairie lizard (Sceloporus graciosus) and whiptail lizard (Cnemidophorus

sp.) were observed during the survey.

7.1.5 Birds Observed

Mourning doves (Zenaida macroura) were the most commonly observed species of birds. Other

birds documented either by sight or sound in the project area included curve-billed thrasher

(Toxostoma curvirostre), Say’s phoebe (Sayornis saya), and black-chinned hummingbird

(Archilochus alexandri). Nests were observed within erosion-created cavities on both sides of

the Arroyo walls within the project area. One approximately 12-inch-diameter cavity was

observed to have white wash on ledges near the cavity and the desiccated remains of a mouse

and a medium-size bird, as well as owl food pellets (indigestible fur, bones, and teeth

regurgitated by owls, which swallow their prey whole) below the cavity and ledges (Appendix C,

Photograph 9). Due to the size of the bird skeleton observed below the cavity, it is assumed

that the location was likely occupied either as a nest or roost by a great horned owl (Bubo

virginianus). Other smaller cavities located in the Arroyo walls were observed to contain nests

(Appendix C, Photographs 6 and 8). All the nests observed appeared to be vacant during the

survey. Vegetation was sparse within the Arroyo, while bushes including fourwing saltbush

(Atriplex canescens) and sand sagebrush (Artemisia filifolia) were scattered along the top of the

channel. Nesting habitat for birds, including ground-nesting species such as the Gambel’s quail

(Callipepla gambelii), was sparse but present, and nests may have been overlooked during the

survey. The NM 528 bridge crossing located at the upstream portion of the Arroyo and the

beginning of the project contains large square concrete culverts. No nests were observed within

the culverts. No evidence of nesting by species such as burrowing owls (Athene cunicularia),

which are associated with burrowing mammal colonies, was observed.



7.1.6 Mammals Observed

Desert cottontail rabbits (Sylvilagus audubonii) were observed, along with other rodent tracks.

Evidence of domestic dogs (Canis lupus familiaris) and/or coyotes (Canis latrans) was observed

within the project area.

7.2 Flora Observed

Vegetation of the project area was sparse due to rain events in the channel and erosion on the

banks of the channel. The channel bottom was broad and sandy with little vegetation, but the

edges of the channel contained scattered shrubs including fourwing saltbush and broom

snakeweed (Gutierrezia sarothrae). Coyote willow (Salix exigua), saltcedar (Tamarix spp.), and

valley cottonwoods (Populus deltoides) were observed around the drop structure at the end of

the project. One cottonwood and a few saltcedar bushes were observed scattered at the edge

of the channel bottom. Other trees present in the Arroyo included desert willow (Chilopsis

linearis) and a few siberian elms (Ulmus pumila).

Dominant species above the Arroyo in the vacant, undeveloped land south of the project area

included large and small shrubs such as sagebrush species (Artemisia spp.) and other species

such as fourwing saltbush. The area above the Arroyo on the north is developed with

commercial or industrial facilities including the Lower Montoyas Water Quality Facility, located

north of the end of the project. A large detention pond (only containing water after storm

events) is located beyond the drop structure at the end of the project and is included in the

Action Area. The Arroyo walls are heavily eroded and side channels are evident in several

areas, especially on the north side walls (Appendix C, Photograph 7).

No plants listed as rare in Sandoval County were observed during the survey. Three Class C

noxious weeds were observed in the project area within the Arroyo: Siberian elm (Class C),

Russian olive (Elaeagnus angustifolia) (Class C), and saltcedar. The most dominant of the

three species was saltcedar. Class C species are defined as being widespread in the state.

Management decisions for these species should be determined at the local level, based on

feasibility of control and level of infestation.



Table 2 lists representative plant species observed during the site visit.

7.3 Observed Waterways and Soils

The Arroyo is a direct tributary to the Rio Grande. The channel was observed to be an

ephemeral channel, holding water only during and immediately after rain events. No other

surface water was observed within the channel during the site survey (Appendix C,

Photographs 13 and 14).

USFWS Wetland Mapper was accessed prior to field activities (USFWS, 2019b). The map

showed the Montoyas Arroyo coded as “R4SBC” or “riverine, intermittent, streambed seasonally

flooded.” The USFWS wetland code description for R4SBC is a riverine system where water is

usually, but not always, flowing. The subsystem for the Arroyo is classified as intermittent, and

includes channels or streambeds that contain flowing water only part of the year. When the

water is not flowing, it may remain in isolated pools or surface water, or may be absent (FGDC,

2013). The wetlands classification is shown on Figure 3.

Although no formal wetlands delineation was conducted, the areas delineated by the USFWS

Wetlands Mapper were further evaluated in the field for signs of wetlands, such as wetlands

vegetation. Ground conditions observed may not always agree with the USFWS Wetlands

Mapper. The channel structure and vegetation in the Arroyo throughout the project area

appeared to only hold water during or after a storm event; therefore, the Arroyo is ephemeral

rather than the intermittent classification shown on USFWS Wetlands Mapper. The channel

was consistent with the riverine description, in that it is not always flowing. There was no

standing water or ponded areas within the project area. Vegetation was sparse along the length

of the Arroyo within the project area, and no wetland obligate vegetation or wetlands were

observed in the project area. Soils within the project area were observed to be sandy or sandy

loam along the length of the channel.

Per the regulatory guidance letter issued by USACE for identifying the ordinary high water mark

(OHWM), the USACE determines, on a case-by-case basis, the extent of geographic jurisdiction

for the purpose of administering its regulatory program. For the purposes of CWA Section 404,



the lateral limits of jurisdiction over non-tidal water bodies extend to the OHWM in the absence

of adjacent wetlands. USACE regulations define the term “ordinary high water mark” for

purposes of the CWA lateral jurisdiction at 33 CFR 328.3(e), which states:

The term ordinary high water mark means that line on the shore established by the fluctuations of

water and indicated by physical characteristics such as a clear, natural line impressed on the

bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence

of litter and debris, or other appropriate means that consider the characteristics of the

surrounding areas.

The presence of an OHWM was observed during the survey along the Arroyo. Evidence

including a developed bank channel, deposition, and change in soil structure and vegetation

was noted along the channel. The Arroyo is estimated to have an OHWM that ranges on

average from 70 to 132 feet in width in the portion of the project area from the beginning of

project at the bridge for the NM 528 crossing to the end of project at the Lower Montoyas Water

Quality Feature. Depth of the OHWM is estimated to range from 2 to 6 inches. The area of the

OHWM is approximately 2.3 acres. Figure 3 and Photographs 13 and 14 (Appendix C) show

the estimated OHWM.

7.4 Observed Surrounding Landscape and Land Use

Land use in the vicinity of the project is residential, commercial, industrial, and vacant

undeveloped land.

7.5 Observed Human or Natural Disturbance

The area within the Arroyo is vacant and undeveloped. It appears to also be used for

recreation, as there were footprints and ATV tracks in the Arroyo bottom. The area south of the

Arroyo is vacant land with residential development beyond. The area north of the Arroyo is

developed for commercial and light industrial use, with small areas of vacant undeveloped land.


8.1.1 U.S. Fish & Wildlife Service

8.1.2 New Mexico Department of Game and Fish

8.1.3 New Mexico Endangered Plants


8. Listed Species and Critical Habitat Analysis

8.1 Species Listings

This section evaluates the potential for listed species to occur in the project area or Action Area

and potentially be affected by the proposed project. The IPaC planning tool from the USFWS

(New Mexico) was used to obtain information on biological resources of the area (Appendix A).

The NMDGF list of state-listed species for Sandoval County as accessed from the Biota

Information System of New Mexico (BISON-M) website was also reviewed as part of the

evaluation (Appendix B). In addition, the New Mexico state endangered plant list (NMEMNR,

2019) and the USDA noxious weed list (NRCS 2019) were obtained online and reviewed. The

following subsections summarize the results of these queries.

The IPaC report obtained for this project listed a total of 6 federal threatened, endangered, or

candidate species, with none of the listed species having designated critical habitat within the

project area.

The list of state-listed species in Sandoval County was obtained from the NMDGF website

(NMDGF, 2019). A total of 17 state endangered or threatened species have the potential to

occur in Sandoval County, New Mexico (Appendix B).

The New Mexico state endangered plant list was reviewed for Sandoval County (NMEMNR,

2019). A total of 3 state endangered plants are listed for the county. In addition, the list of rare

plant species in Sandoval County was obtained from the NMRPTC website (NMRPTC, 2005).

A total of 12 rare plant species have the potential to occur in Sandoval County, New Mexico



(Appendix B). None of the rare plant species were determined to have the potential to occur in

the project area.

8.2 Critical Habitat Analysis

The project area was determined to not be located within any designated or proposed critical

habitat (USFWS, 2017c).

8.3 Listed Species Eliminated from Further Consideration

Table 3 summarizes the findings for federally listed species that have been removed from

further evaluation because suitable habitat is not present within the project area and Action

Area. Table 4 summarizes the findings for state-listed species that have been removed from

further evaluation because suitable habitat is not present within the project area.

8.4 Listed Species Evaluated Further

No listed species have been determined to have the potential to occur in the project area and/or

the Action Area.



9. Project Area Direct Effects Analysis

Direct impacts resulting from the implementation of an action are defined by the Council on

Environmental Quality (CEQ) as “caused by the action and occur at the same time and place.”

Under Section 7 of the ESA, direct effects are those that are caused by or will result from, and

occur contemporaneous with, the proposed action.

The direct effects/impacts (permanent and temporary) of the proposed project to non-listed

species would include temporary noise increase, vegetation removal, and ground disturbance

during construction. Construction includes the Arroyo from the NM 528 crossing downstream

approximately 3,000 feet. Noise disturbance during construction would affect wildlife in the

project area and Action Area. Nests observed within the Arroyo walls of the project area would

be eliminated as part of construction of the new concrete channel. Trees observed within the

project area would be removed and birds that use trees for foraging or nesting would potentially

be impacted by construction. Tree removal would be limited to the Arroyo. Birds including

curve-billed thrasher and lesser goldfinch (Carduelis psaltria) were observed in the upland

portion of the project area. There is a potential for habitat suitable for shrub- and ground-

nesting birds above the Arroyo.

Construction is scheduled to be outside of the nesting season for most migratory birds

(March 15 through September 15). However, owls such as the great horned owl are known to

initiate nesting earlier than March 15. Therefore, a pre-construction nesting bird survey should

be completed to investigate both the Arroyo wall cavity where evidence of owl nesting and/or

roosting was observed, and any other Arroyo wall cavities that may harbor occupied bird nests

outside of the typical nesting season. If occupied nests are found, they must be avoided until

the young have fledged in order to comply with the requirements of the MBTA. Empty nests do

not need to be avoided, as stated by Section 1 of the Interim Empty Nest Policy (USFWS,

Region 2).

Three Class C noxious weeds (Siberian elm, saltcedar, and Russian olive) were observed within

the project area. It is assumed that the majority, if not all, of the noxious species will be

removed as part of construction activities, and that the area will be revegetated as necessary



with native species. Therefore, the project would be anticipated to have a beneficial effect on

the spread of noxious weeds through their removal.

Specific equipment to be used, location of the construction staging area, and exact area of

disturbance are not known for this evaluation, and will be documented at a later stage of project

design.



10. Project Area Indirect Effects Analysis

Indirect effects resulting from the implementation of an action are defined by the CEQ as effects

that “are caused by the action and are later in time and farther removed in distance, but are still

reasonably foreseeable.” Similarly, Section 7 of the ESA defines indirect effects as those that

are caused by or will result from the proposed action and are later in time, but are still

reasonably certain to occur.

As stated earlier, BMPs will be followed to minimize impacts to the channel during construction

and to prevent materials from entering the waterway such that they would be carried

downstream.

Passage of wildlife along the project corridor would not be blocked due to project construction.

Following completion of the project, the concrete channel would limit nesting for bird species

that use arroyo wall cavities for nests. However, there are other natural arroyo walls in the

Arroyo upstream of the project area that could be used and would continue to be used by

wildlife species. Impacts are therefore anticipated to be negligible.



11. Action Area Direct and Indirect Effects Analysis

Noise from the proposed project may temporarily disturb wildlife. The Action Area has the

potential to attract nesting birds, as there are more trees around the detention pond area. Birds

such as Say’s phoebe, mourning dove, and lesser goldfinch are just a few of many bird species

that may be present in the area. Noise will be temporary; impacts are therefore anticipated to

be negligible.



12. Recommendations for Avoidance, Minimization, and Mitigation

DBS&A recommends that the following measures be taken to minimize project impacts:

• A pre-construction nesting bird survey of the project area should be completed to survey

for birds that nest outside of the typical nesting season of March 15 to September 15

(e.g., great horned owl). If occupied nests are found, they must be avoided until the

young have fledged in order to comply with the requirements of the MBTA.



13. Conclusion

SSCAFCA is proposing channel stabilization of the Lower Montoyas Arroyo. Improvements

would include the construction of a concrete channel and grade control improvements. BMPs

will be implemented as part of the project for compliance with the required conditions of the IP.

A biological survey was conducted on September 5, 2019 to observe field conditions and to

evaluate potential impacts.

There is a potential for migratory bird species to establish nests within the project area.

Construction is scheduled to be outside of the migratory bird breeding season (March 15

through September 15). Evidence of owl nesting was observed during the survey; therefore,

because owls can nest outside of the migratory bird breeding season, a pre-construction nesting

bird survey should be completed to locate any active nest that would need to be avoided.

Empty nests do not need to be avoided, as stated by Section 1 of the Interim Empty Nest Policy

(USFWS, Region 2). If occupied nests are found, they must be avoided until the young have

fledged in order to comply with the requirements of the MBTA.

There is no critical habitat within the project area, as noted in the USFWS IPaC report

generated for this project (Appendix A). This evaluation finds that the project will have no effect

on critical habitat.

No federally listed species were determined to have a potential to occur within the Action Area

or project area. This evaluation finds that the project will have no effect on federally listed

species. Informal Section 7 consultation with the USFWS is not necessary.

No state-listed species were determined to have the potential to occur within the Action Area or

project area. No impact to state-listed species is anticipated as a result of the project.

The work will temporarily disturb vegetation within the project area, which will cause a

temporary disturbance to wildlife habitat.



Project impacts to non-listed species would include temporary noise impacts, vegetation

removal, elimination of potential nest sites, and ground disturbance. However, if construction is

timed outside of nesting season and a pre-construction nesting survey is completed for birds

that breed outside of the nesting season (e.g., great horned owl), project impacts would be

negligible.


Report Author: ___________________________ Julie Kutz, Biologist Daniel B. Stephens & Associates, Inc.


14. Report Preparer and Certification

DBS&A believes that the proposed action would not violate any of the provisions of the ESA of

1973, as amended. Results and conclusions contained in this report are based on actual field

examination and represent our best professional judgment, based on information provided by

the project proponent, applicable agencies, and other sources.

(505) 822-9400

Senior Review: ___________________________ Jean-Luc Cartron, Senior Biologist Daniel B. Stephens & Associates, Inc. (505) 822-9400



References

Alderfer, J. and J.L. Dunn (Eds.). 2014. National Geographic complete birds of North America.

2nd Edition. National Geographic Society.

Allred, K.W. and R. DeWitt Ivey. 2012. Flora Neomexicana III: An illustrated identification

manual.

Ashigh, J., J. Wanstall, and F. Sholedice. 2010. Troublesome weeds of New Mexico. New

Mexico State University, College of Agricultural, Consumer and Environmental Sciences,

Cooperative Extension Service.

Brown, D.E. 1994. Biotic communities, Southwestern United States and northwestern Mexico.

University of Utah Press.

Burt, W.H. and R.P. Grossenheider. 1980. Peterson field guides: Mammals. Houghton Mifflin

Company.

Carter, J.L. 2012. Trees and shrubs of New Mexico. Revised and expanded. Mimbres

Publishing, Silver City, New Mexico.

Cartron, J.L. 2010. Raptors of New Mexico. University of New Mexico Press.

Dick-Peddie, W.A. 1993. New Mexico vegetation past, present, and future. University of New

Mexico Press.

DeWitt Ivey, R. 2003. Flowering plants of New Mexico. Fourth edition.

Federal Geographic Data Committee (FGDC). 2013. Classification of wetlands and deepwater

habitats of the United States. Second edition. Wetlands Subcommittee, Federal Geographic

Data Committee, and U.S. Fish and Wildlife Service. FGDC-STD-004-2013.



Google Earth. 2019. Imagery of the project area.

Griffith, G.E., J.M. Omernik, M.M. McGraw, G.Z. Jacobi, C.M. Canavan, T.S. Schrader,

D. Mercer, R. Hill, and B.C. Sandoval. 2006. Ecoregions of New Mexico (color poster with

map, descriptive text, summary tables, and photographs). U.S. Geological Survey. Scale

1:1,400,000.

Murie, O.J. 1982. Peterson field guides: Animal tracks. Houghton Mifflin Company.

Natural Resources Conservation Service (NRCS). 2003. Invasive and noxious weeds, New

Mexico state-listed noxious weeds. Office of the Director/Secretary. 1998. New Mexico

noxious weed list (20 October 2003). Accessed August 30, 2019, at

.

NRCS. 2019. Custom soil resource report for Sandoval County Area, New Mexico, Parts of Los

Alamos, Sandoval, and Rio Arriba Counties, New Mexico.

. Report generated

August 29, 2019.

New Mexico Department of Energy, Minerals and Natural Resources (NMEMNR). 2019. New

Mexico State Endangered Plant Species (19.21.2.8 NMAC). The New Mexico Endangered

Plant Program (EMNRD - Forestry Division) Accessed August 30, 2019.

.

New Mexico Department of Game and Fish (NMDGF). 2019. Biota Information System of New

Mexico (BISON-M) species reports. Accessed August 30, 2019. .

New Mexico Rare Plant Technical Council (NMRPTC). 2005. New Mexico rare plants, Sandoval

County, NM rare plant list. Accessed September 9, 2019. .

New Mexico Partners in Flight (NMPF). 2007. New Mexico bird conservation plan, Version 2.1.

Albuquerque, New Mexico.


http://nmrareplants.unm.eduhttp://www.bison-m.orghttp://www.emnrd.state.nm.us/SFD/ForestMgt/Endangered.htmlhttp://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspxhttp://plants.usda.gov/java/noxious?rptType=State&statefips=35


Sibley, D.A. 2000. National Audubon Society: The Sibley guide to birds. Alfred A. Knopf, Inc.,

New York.

U.S. Fish and Wildlife Service (USFWS). 2019a. New Mexico Ecological Services. Information,

Planning, and Conservation System (IPaC). Environmental Conservation Online System.

Report for project area generated August 29, 2019. .

USFWS. 2019b. National Wetland Inventory. .

Accessed August 29, 2019.

USFWS. 2019c. Critical Habitat Portal. Accessed August 29, 2019.

.

U.S. Geological Survey (USGS). 1975. Loma Machete, New Mexico 7.5-minute quadrangle

map.

USGS. 2019. Gap Analysis Program, 20160513, GAP/LANDFIRE National Terrestrial

Ecosystems 2011. .


https://doi.org/10.5066/F7ZS2TM0http://ecos.fws.gov/crithabhttp://www.fws.gov/wetlands/data/mapper.htmlhttp://ecos.fws.gov/ipac

Figures

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BIOLOGICAL EVALUATION

Daniel B. Stephens & Associates, Inc. 9/11/2019 JN DB19.1296

Project Location Map Figure 1

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BIOLOGICAL EVALUATION USGS 7.5 Minute Topographic Quadrangle

Daniel B. Stephens & Associates, Inc.9/11/2019 JN DB19.1296 Figure 2

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LOWER MONTOYAS ARROYO BIOLOGICAL EVALUATION

Biological Survey Daniel B. Stephens & Associates, Inc. Figure 3

N

9/11/2019

Explanation Nest Riverine, intermittent, streambed seasonally flooded

Survey area Action Area Ordinary highwater mark

0 150 300 Feet

Wetland source: U.S. Fish & Wildlife Service, National Wetlands Inventory, May 6, 2019 Image source: Esri, et al., 2011

Tables


Table 1. Fauna Observed Within the Biological Survey Area

Fauna Type Common Name

(Scientific Name) Indicator Abundance

Invertebrates Blue mud wasp (Chalybion californium)

Sighting Few

Dragonfly (Anisoptera sp) Sighting Few Red velvet ant wasp (Mutillidae sp.) Sighting Few

Fish None observed Amphibians None observed Reptiles Prairie lizard

(Sceloporus graciosus) Sighting Common

Whiptail lizard (Cnemidophorus sp.)

Sighting Common

Birds Owl (possible great horned owl) (Bubo virginianus)

Arroyo wall cavity for possible nest, desiccated prey and pellets, white wash on arroyo wall

Few

Curve-billed thrasher (Toxostoma curvirostre)

Sighting/sound Few

Lesser goldfinch (Spinus psaltria)

Sound Few

Greater roadrunner (Geococcyx californianus)

Sound Few

American crow (Corvus brachyrhynchos)

Sound/sight Few

Turkey vulture (Cathartes aura) Sight Few Say’s phoebe (Sayornis saya) Sighting/sound Few Black-chinned hummingbird (Archilochus alexandri)

Sighting Common

Mourning dove (Zenaida macroura)

Sighting Common

Rock pigeon (Columba livia) Sighting Few House sparrow (Passer domesticus)

Sighting/sound Common

Mammals Desert cottontail rabbit (Sylvilagus audubonii)

Sighting Few

Domestic dog or coyote (Canis spp)

Tracks Common

Rodent (Microtus spp)

Burrows, tracks Common

Desert woodrat (Neotoma lepida) Nest Few

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\T01_FaunaObsrvd.doc


Table 2. Flora Observed Within the Biological Survey Area Page 1 of 2

Common Name (Scientific Name) Abundance Location Notes

New Mexico Noxious Weed

Class

Silver sagebrush (Artemisia cana)

Abundant Above channel bottom on sides and outside of channel

—

Sand sagebrush (Artemisia filifolia)


—

Fourwing saltbush (Atriplex canescens)


—

Broom snakeweed (Gutierrezia sarothrae)


—

Tumbleweed (Salsola tragus)

Common Along roadways, disturbed areas —

Narrowleaf yucca (Yucca glauca)

Few Above channel —

Schott’s dalea (Psorothamnus schottii)

Few Edge of channel —

Clammyweed (Polanisia dodecandra ssp. trachysperma )

Common Edge and bottom of channel —

Prairie evening primrose (Oenothera albicaulis)

Few Edge and bottom of channel —

Bladderpod (Lesquerella sp.)

Few Edge and bottom of channel __

White-flower skyrocket (Ipomopsis longiflora)

Few Bottom of channel —

Plox heliotrope (Heliotropium convolvulaceum)

Few Bottom of channel —

Purple aster (Dieteria canescens)

Common Edges and side of channel —

Threadleaf groundsel (Senecio flaccidus)

Common Edges of channel —

Plains prickly pear (Opuntia phaeacantha)

Common Above channel —

Mariola (Parthenium incanum)

Few Bottom of channel

Fendler globemallow (Sphaeralcea fendleri)

Few Edges of channel —

Spectacle pod (Dimorphocarpa wislizeni)


Sacred datura (Datura wrightii)


— = Not applicable

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\T02_FloraObsrvd.doc


Table 2. Flora Observed Within the Biological Survey Area Page 2 of 2

Common Name (Scientific Name) Abundance Location Notes

New Mexico Noxious Weed

Class

Buffalobur (Solanum rostratum)


Desert willow (Chilopsis linearis)


Coyote willow (Salix exigua)

Few At end of the project along the side of the channel bottom

—

Cottonwood (Populus deltoides)

Few Two trees, one at the end of the project and one along the side of the channel bottom

—

Saltcedar (Tamarix spp) Few Edges of channel around the end of project

C

Russian olive (Elaeagnus angustifolia)

Few Downstream near end of project C

Siberian elm (Ulmus pumila)

Few At edge of NM 528 box culvert crossing and on edge of channel

C

One-seed juniper (Juniperus monosperma)

Few Above channel —

— = Not applicable

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\T02_FloraObsrvd.doc


Table 3. Federally Listed Species Included in the Analysis and Likelihood of Occurrence in the Project Area/Action Area

Page 1 of 2

Species Category Species Status Habitat Associations

Potential for Presence in Project Area and/or Action Area

Birds Southwestern willow flycatcher (Empidonax trailii extimus)

FE Habitat for the southwestern willow flycatcher consists of dense riparian vegetation along rivers, streams, or other wetlands where its diet consists primarily of insects. Vegetation includes dense growth of willows (Salix spp.), arrow weed (Pluchea sericea), alder (Alnus spp.), and saltcedar (Tamarix ramosissima).

Unlikely to occur. The project area does not contain riparian habitat or surface water.

Yellow-billed FT The yellow-billed cuckoo is found in Unlikely to occur. The project area cuckoo riparian habitat with multi-level canopy and Action Area are not within (Coccyzus forest and dense understory. riparian habitat. americanus) Mexican spotted owl (Strix occidentalis)

FT Primarily within shaded, mesic, and cool canyons with steep sides that have mixed conifer, pine-oak, and riparian forest types. Forests used for roosting or nesting often contain moderate to high canopy closure, a wide range of tree sizes suggestive of uneven-age stands, large overstory trees of various species, and high plant species richness with adequate levels of residual plant cover to maintain fruits, seeds, and regeneration to provide for the needs of prey species for the owl.

Unlikely to occur. The project area does not harbor any shaded, mesic, and cool steep-sided canyon of forest patches with moderate to dense canopy cover.

Mammals New Mexico meadow jumping mouse (Zapus hudsonius luteus)

FE Habitat specialist using persistent emergent herbaceous wetlands and scrub-shrub wetlands on wet soil along perennial streams. Also uses patches of herbaceous microhabitats of sedges along water edges within willow and alder dominated habitats.

Unlikely to occur. The project area and Action Area do not contain emergent herbaceous wetlands, scrub-shrub wetlands, or willow and alder habitat containing sedges.

Reptiles None Amphibians Jemez

Mountains salamander (Plethodon neomexicanus)

FE The species is endemic to the Jemez Mountains, where it occurs in mixed conifer and spruce-fir forests above 7,200 feet in specific microhabitat conditions. Preferred microhabitat is generally characterized by relatively high humidity and soils with a specific rock structure.

Unlikely to occur. The project area and Action Area are not within the Jemez Mountains.

Note: Explanations and definitions are provided on the last page of the table.

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\T03_FederalSpecies.docx



Table 3. Federally Listed Species Included in the Analysis and Likelihood of Occurrence in the Project Area/Action Area

Page 2 of 2

Species Category Species Status Habitat Associations

Potential for Presence in Project Area and/or Action Area

Fish Rio Grande silvery minnow (Hybognathus amarus)

FE Rio Grande, beyond project limits and Action Area. The confluence with the Rio Grande is approximately 2.15 miles from the downstream end of project.

Unlikely to occur. Lower Montoyas Arroyo is a tributary of the Rio Grande, but the project area is not near the confluence with the Rio Grande. It is an ephemeral drainage, and no aquatic habitat was observed during the survey.

Plants None

Federal designations: Federal Endangered Species Act, USFWS FE = Federal Endangered FT = Federal Threatened

P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\T03_FederalSpecies.docx


Table 4. State Listed and Rare Plant Species Identified for Project Area and/or Action Area

Page 1 of 5

Species Category Species Status

Habitat Associations

Potential for Presence in Project Area and/or

Action Area

Plants a,b Wood lily (Lilium philadelphicum)

SE The wood lily occurs in a wide variety of habitats from the Appalachian Mountains to the Rocky Mountains, in tallgrass prairies, open woods, thickets, and high mountain meadows. In New Mexico, the species is found in wetter habitat typical of the Rocky Mountains.

Unlikely to occur. The project area and Action Area do not have tallgrass prairies, open woods, thickets, and high mountain meadows, or any wetter habitat typical of the Rocky Mountains.

Parish’s alkali SE The Parish’s alkali grass requires Unlikely to occur. The grass alkaline springs, seeps, and seasonally project area and Action (Puccinellia wet areas that occur at the heads of Area do not have habitat parishii) drainages or on gentle slopes at

2,600 to 7,200 feet (800 to 2,200 meters) range-wide.

containing alkaline springs or seeps or wet headwater areas.

Brack’s cactus SE Sandy clay strata of the Nacimiento Unlikely to occur. The (Sclerocactus Formation in sparse shadscale scrub project area and Action cloveriae subsp. at 5,000 to 6,400 feet (1,500 to Area do not contain strata brackii) 1,950 meters). from the Nacimiento

Formation. Invertebrates None Fish Rio Grande silvery

minnow (Hybognathus amarus)

FE/SE Rio Grande, beyond project limits and Action Area. The confluence with the Rio Grande is approximately 2.15 miles from the downstream end of project.

Unlikely to occur. The Lower Montoyas Arroyo is a tributary of the Rio Grande, but the project area is not near the confluence with the Rio Grande, and it is an ephemeral drainage.

Amphibians Jemez Mountains salamander (Plethodon neomexicanus)

FE/SE The species is endemic to the Jemez Mountains, where it occurs in mixed conifer and spruce-fir forests above 7,200 feet in specific microhabitat conditions. Preferred microhabitat is generally characterized by relatively high humidity and soils with a specific rock structure.


Mollusks Wrinkled marshsnail (Stagnicola caperata)

SE The species is known to occur only in the Cerro la Jara area of the Jemez Mountains, which is the key habitat area in the state.



P:\_DB19-1296\Lower Montoyas Arroyo BE.9-19\T04_State listed-RarePlnts.doc


Table 4. State Listed and Rare Plant Species Identified for Project Area and/or Action Area

Page 2 of 5

Species Category Species Status

Habitat Associations

Potential for Presence in Project Area and/or

Action Area

Mollusks Paper pondshell SE The paper pondshell is strictly an Unlikely to occur. The (cont.) (Utterbackia

imbecillis) aquatic species that inhabits mud, sand, and gravel substrates of lakes and rivers. The animals imbed themselves in softer substrates, with only the tip of the shell and the siphonal openings visible. Reproduction in freshwater mussels occurs with the release of larvae from the adult that disperse over the available environment. In New Mexico, it is known from the lower Canadian River at Conchas Reservoir (San Miguel County), the key hab

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