usda forest service camino real ranger district, carson...

USDA --Decision Memo

Martinez Acequia Secondary Inlet Structure

USDA Forest Service

Camino Real Ranger District, Carson National Forest

Taos County, New Mexico

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USDA .... Background on Acequias

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Acequias in New Mexico have been used for many years to irrigate private land that local communities or families rely on for various purposes. Many acequias pre-date reservation of land as National Forests by the United States Congress and provide water for productive farm or pasture land and are unique features of cultural significance to local communities and families. Because of the historic and unique qualities of acequias, routine operation and maintenance is allowed without a special-use permit as follows the Forest Service Chief's Policy relating to the Act of July 26, 1866 (Revised Statute 2339). However, authorization of such maintenance through a Forest Land Policy and Management Act (FLPMA) special-use permit is preferred for the benefits an authorization can bring to a permit holder, such as obtaining funding, authorizing

major reconstruction, and the authorization of motorized access for maintenance activities.

To date the Martinez Acequia has been maintained without a special use permit. Now this acequia requires major reconstruction and the owners would like to use motorized equipment for continued maintenance. This decision memo documents the decision and decision rationale for the proposed maintenance and repairs to that acequia.

The Martinez Acequia

Location The Martinez Acequia (also called the Tres Ritos Ditch) and project area is located east of the community ofTres Ritos on the Camino Real Ranger District, Carson National Forest, Taos County, New Mexico, in the NW '14 SE Y<i, T22N R14E, New Mexico Principal Meridian, at approximately Latitude 36° 6'51. 794" North, Longitude 105° 29' 48.829" West. The project area is approximately Y2 an acre in size and is accessible from private property and by using a short existing route directly off the shoulder of New Mexico State Highway 518. This access lies almost entirely within an existing disturbed area associated with the highway corridor right-of

way (see figure 2).

Description The Martinez Acequia is a long-established acequia that has diverted water from the Rio Pueblo

stream to private land for many years. The acequia runs parallel to NM Hwy 518 along the eastern edge of a stretch of private land that totals approximately 21 acres (see figure 2). The acequia includes a desagua (an additional facility for returning flow to the river before entering the pastureland) on National Forest System land and several sluicegates along the private land that can be used to direct water flow to irrigate different sections of pasture on the private land.

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USDA ilim Most of the sluicegates 1 ie along the southeastern end of the property with few sluicegates for irrigation water distribution on the northeastern end of the private property.

The acequia owner is allowed 63 acre-feet of water from the rio for irrigation use and has a declaration of ownership filed with the New Mexico Office of the State Engineer with a priority/ seniority date that precedes the United States Congressional proclamation date establishing the

Carson National Forest. This declaration meets documentation required for the Forest Service to allow routine operation and maintenance with hand tools without a special use permit as is currently occurring.

In 2010, an unusually large rainstorm resulted in heavy flows that forced a section of the Rio Pueblo streamflow to reroute from the original stream channel and create a new section of

channel. The new section of stream channel essentially bypasses the established headgate used for diverting water into the acequia and enters the acequia downstream of the headgate where the force of the heavy rainstorm water simply pushed entry. This has created a new channel section with the stream flowing into the acequia at the forced entry point as well as back into the original stream channel 550 feet downstream of the headgate.

Purpose and Need The reroute of the stream channel and forced entry point into the acequia is resulting in erosion, bank cutting, and damage to the new stream bank and acequia. The stormflow that led to a bypassed headgate, forced entry point into the acequia, and deepening of the acequia channel has created a condition where the landowner receives no water in the acequia downstream from the what will become the new point of diversion (figure 2) after project completion.

The project will restore managed diversion of water into the Martinez acequia and proper stream and acequia flow that reduces or eliminates the erosion and damage occurring in the new stream channel at the new point of diversion (figure 2). This project will provide the acequia owner the allowed amount of water, and will facilitate better irrigation in the northern sections of his

pasture.

The Agency and the landowner need to address these issues now because a possibility exists that if another heavy rainstorm occurred, the Rio Pueblo could deviate further into the acequia, potentially entering the section of private property more directly with more erosion and damage

occurring and further loss of the ability to manage the amount of water into the acequia.

Decision and Rationale I have decided to authorize the proposed action that involves three components.

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USDA iliim

ft -1. Authorization of the installation of a new water management structure at the new

point of diversion composed of

• A new concrete-and-steel headgate that the Martinez family will install and maintain.

•A 16-foot-long shallow weir across the Rio Pueblo with a three-foot-long sluiceway that could be opened or closed by means of a removable gate;

•A 16-foot-long headwall upstream from the secondary inlet structure immediately adjacent to and downslope from State Highway 518.

•A 16-foot-long wingwall downstream from the secondary inlet structure on the west bank of the Rio Pueblo;

• Two 12-foot-long by one-foot-wide rows of gabion baskets upstream from the secondary inlet structure on the northwest bank of the Rio Pueblo;

• A trash rack and slide gate at the water-diversion inlet;

• An 80-foot-long plastic pipe from the water-diversion inlet into the Martinez Acequia;

• Loose rock rip-rap downstream from the weir with a deep pool directly below the sluiceway.

Further detailed specifications of this water management structure are contained in the engineering specifications.

These proposed structures will harden the new stream bank where the Rio Pueblo curves to flow back into its historic course, eliminating the erosion occurring at that point, and preventing the stream from deviating further into the ditch or d\rectly onto the private land. Placing a headgate and pipe will also provide a way for water to enter the acequia without causing damage to the acequia and the surrounding banks where water is currently flowing. The structures will also allow the landowner to manage the amount of water entering the acequia, allowing the acequia owner the proper legally adjudicated amount of irrigation water.

2. Authorization of the installation of a new metal sluicegate and buried pipe near the west end of the acequia on National Forest System land (see figure 2), where fewer sluicegates exist, to allow the acequia owner to better irrigate those sections of pasture where better water distribution is needed. The sluicegate will measure approximately 12'long by 9' wide by 5' deep.

3. Authorization of the permittee to maintain the acequia on National Forest System land including authorization of needed maintenance with a light track hoe. Authorization will be established through issuance of a 20-year special use permit.

Design Criteria

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n -The following design criteria are included in this decision to avoid or minimize any effects to

resources when implementing this project:

•Forest Service and Natural Resource Conservation Service best management practices will be utilized prior to, during, and after construction.

• Pre-construction notification will be given to the District Ranger prior to the onset of construction activities.

• Equipment ingress and egress will be off State H ighway 518 and approved in advance by New Mexico Department of Transpo1iation.

• Only tracked equipment will be used for excavation and other construction uses.

• Excavation and construction will be conducted "in the dry." Stream flow will be temporarily rerouted during construction activities using non-erosive materials. Design features will be incorporated into the secondary inlet structure that will allow for seasonal fish passage. Forest Service best management practices wi ll be utilized prior to, during, and after construction. Implementation will take place in the fall of 2016 and wi ll last approximately 3-4 weeks.

• Construction activities will be timed to take advantage of low flow conditions, preferably conducted in the late summer to fall. Construction during the spring, when stream flows are at their highest will not be permitted.

• Once construction is complete, the disturbed area wi ll be returned to its original condition. This may include leveling, raking, native debris dispersal, and seeding for permanent groundcover.

•All construction waste (form material, left-over construction supplies, litter and debris) will be removed from the work area and disposed of in an approved manner off Forest.

• No disposal of excess concrete or concrete wash out waste will be allowed. Any such waste must be transported off forest and disposed of in an approved manner.

Timeframes: Implementation of the installation of the new headgates is expected to take three to

four weeks, but may vary depending on weather and other external factors. Installation of the new sluicegate and buried pipe on the west end of the acequia will likely take just a few days to

install.

Other Alternatives Considered But Eliminated Restoring the stream back to its original channel at the point of diversion was considered but

eliminated because the radical change of the stream course and force and flow direction of the

stream wi ll not allow restoration of the stream back to its original channel at that point without

significant expense.

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USDA .. Categorical Exclusion This action is categorically excluded from analysis and documentation in an environmental

impact statement (EIS) or an environmental assessment (EA) under 36 CFR 220.6(e)(3) Approval, modification, or continuation of minor special uses of NFS lands that require less than jive contiguous acres of land because the action is a minor special use of National Forest System

land of approximately Yi an acre of land. To determine if any extraordinary circumstances exist

that would preclude the use of this category, I took into account resource conditions identified in agency procedures that should be considered in determining whether extraordinary

circumstances might exist:

Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species This action is a continuing authorization and does not alter any additional habitat. All species

lists were reviewed on 29 January 2016 to determine what species needed to be analyzed for

possible effects. Six federally listed species (see Wildlife Report in the project record) required consideration in analysis of this project as identified by the U.S. Fish and Wildlife Service

Information, Planning, and Conservation System (IPAC; USFWS 2016). No effects are expected

to any of these species because the project area does not contain proposed or designated critical

habitat and lacks habitat components needed for the species. Of the Forest Service sensitive

species, five have habitat present and were analyzed with a determination that the project may

impact individuals but is not likely to cause a trend to federal listing or a Joss of viability for all

five species. All effects were determined to be minor as the project area composes less than one

percent of habitat for each of the five species.

Flood plains, wetlands, or municipal watersheds Although this project takes place in the flood plain of the Rio Pueblo, the work to instal l the

structures will be conducted during the season of low flow. Other design criteria and best management practices of the Natural Resource Conservation Service (see project record files)

will also be followed that will prevent detrimental effects to the flood plain.

Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas No such areas are present within or near the project area, so none will be affected.

Inventoried roadless areas or potential wilderness areas The project area is not located in or near an inventoried roadless area and does not have any

outstanding values that qualify it for inclusion in a wilderness area, so none of these areas will be

affected.

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USDA a. Research natural areas

a The project area is not located in or near any research natural areas, so none will be affected .

American Indians and Alaska Native religious or cultural sites No American Indian or Alaska Native cultural or religious sites are present within or in close

approximation to the project area. The Forest sent a letter and the October 1, 2016 SOPA to

several tribes for consultation on projects listed on the SOPA, which included this project. The

following tribes were consulted: the Comanche Tribe of Oklahoma; the Ohkay Owingeh,

Southern Ute, Hopi, and Ute Mountain Ute Tribes; the Navajo and Jicarilla Apache Nations ; and

the Pueblos ofTesuque, Zuni, Taos, San Ildefonso, Pecuris, Pojaque, Santa Clara, Nambe, and

Jemez. The Comanche Tribe of Oklahoma responded with a letter of agreement that no

properties were identified for any of the projects listed on the SOPA (see project record files).

Archaeological sites, or historic properties or areas The proposed disturbance area associated with the new headgate has been previously inventoried

at the intensive level in November 2015 by archaeologist Liz Lane. New inventory totaled 0. 75 acres. The accessible portion of the acequia was documented to state standards and is considered

unevaluated for eligibility to the National Register of Historic Places (NRHP) at this time, but

will be managed as a historic property by the Carson National Forest. Active acequias are unique

features in New Mexico and continue to maintain cultural significance to local communities.

This property is no different, and it's continued maintenance and use is considered important to

the family that owns and maintains it. The proposed modifications will not affect any

documented features of the acequia and will not alter any aspects of the historic character of the

acequia. In fact, the continued maintenance of and use of the acequia will be beneficial, as this

will allow the character of the system to be maintained. As a result, the proposed project will

have no adverse effects to the acequia/historic properties.

Upon consideration of the above resources and analysis of effects, I find that there are no

extraordinary circumstances that will warrant further analysis and documentation in an EA or

EIS.

Public Involvement This action was originally listed as a proposal on the Carson National Forest Schedule of

Proposed Actions (SOPA) on October 1, 2016 and on the forest website. A scoping letter with

information on the project was mailed on December 9, 2015, to possibly interested parties and

organizations. Three letters in response to scoping were received by email and postal mail.

Comments received were reviewed and addressed in a response to comments analysis included

in the project record. Some concerns were expressed about minimizing erosion when

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USDA ilim implementing the project, and design features are included as part of the project to avoid or

minimize erosion. The need for the Army Corp. of Engineers to review the project for a possible Clean Water Act Section 404 permit was also expressed and addressed (see the section below).

Clean Water Act Section 404 Exemption This project proposal was discussed with US Army Corps of Engineers personnel on site and in

subsequent meetings and phone conversations. Jn addition, other information was provided to the

Corps by the permit applicant on May 2, 2016 . A letter from the Albuquerque District, Corps of

Engineers stating the project is exempt from a 404 permit under the Irrigation Exemption

(included in the project record) of the Clean Water Act was sent to the permit applicant on May

19, 2016, and is included in the project record. Because the project is exempt from 404 permitting, it is also exempt from section 401 (water quality certification) of the Clean Water

Act. Analysis of surface waters in a soi l and watershed repo1i was completed (see project record

files), which outlined design criteria to avoid or minimize impacts to soils and watershed

resources.

Findings Required by Other Laws and Regulations This decision is consistent with the Carson National Forest Land Management Plan. The project

was designed in conformance with

Section C, Chapter 12: Special Uses:

"All acceptable requests for special use permits are met. Administer non-recreation specia luses to minimize impacts on other uses and resources. Issue new permits when in the best interest of the public."

And Section C, Chapter 17: Watershed:

"Best Management Practices ... minimize effects of planned activities on the water and soil resources through the use of best management practices (BMP).

This decision has been prepared in compliance with all applicable Federal Statutes, regulations

and executive orders including

• The National Environmental Policy Act (NEPA of 1969, as amended ( 42 United States Code [CFR] 4321 et. Seq.);

• The National Forest Management Act of 1976;

•The Clean Water Act of 1977 (33 U.S.C. 1251 et seq.);

• The Endangered Species Act of 1973 (16 U.S.C. 1531-1544, as amended);

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USDA .. •The Fish and Wildlife Coordination Act of 1958 (16 U.S.C. 661 et seq., as amended);

•The Migratory Bird Treaty Act of 1918;

• The Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001-3013);

• The American Indian Religious Freedom Act of 1978 ( 42 USC 1996);

•The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470);

•Protection of Historic and Cultural Properties (36 CFR 800 et seq);

• E.O 11593, Protection and Enhancement of the Cultural Environment;

• E.O. 11988 Floodplain Management;

• E.O. 11990, Protection of Wetlands;

• E.O. 13007, Indian Sacred Sites;

• E.O. 13084, Consultation and Coordination with Indian Tribal Governments

• E.O. 13186, Protection of Migratory.

Administrative Review (Appeal) Opportunities & Implementation This project is not subject to administrative review. (Pub L. No. 113-76 and Pub. L. No 113-79.) Implementation may begin immediately fo llowing signature of this decision memo.

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USDA iliim

Contact

ft -For additional information concerning this decision on the Martinez Acequia Secondary Inlet

Structure Project contact Paul Schilke, District Recreation and Lands Staff Officer, Camino Real Ranger District, PO Box 68, Peftasco, NM 87553, 575-587-2255.

JQ/ww?oO~ James Duran Forest Supervisor

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Figure 1. Location of the Martinez Acequia Secondary Inlet Structure.

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Taos

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~1artlnez Acequia, Secondary Inlet Structure

:-\MP:V1, T.22. ' ., R.14E., Sec. 30, >.W 'A SE 'h.;

Taos County, >.ew Mexico

Camino Real Ranger District , Carson • 'F

SotSc:&.i: Elri, H ERE. O" Lorme, USGS, lnte< r1!'9b, inar.ment P Corp., l<RCAN, Esr iJapsn. r.11 ETI , E;ri Ch ina fHong K01g) . E;ri, IT"hailand). f~1apmylnd ia , ® CJ>enSll.,..tMap oontribulCt$, and the GIS U•er C mu nil>/

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>.Yi.P:\-1, T ~~ . . R.1.+L Sec. 30, "SW =.4 SE

Taos Count.-, ~e"· :\-ie:tico

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usda forest service camino real ranger district, carson...

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