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Final Comment Letter
Spaceport Technology and Reception Center Project Phase 1
Souder, Miller & Associates (SMA), on behalf of our client, Buffalo Design Architects, is preparing an Environmental Information Report pursuant to the National Environmental Policy Act (NEPA). Buffalo Design Architects has designed a multi-purpose Spaceport Technology and Reception Center (STARC) for Spaceport America (Proposed Action). The site is within the greater area included in the Final Environmental Impact Statement for the Spaceport America Commercial Launch Site, Sierra County, New Mexico (FAA, 2008). SMA is requesting consultation from your office regarding the potential impacts to environmental resources under your stewardship from the Proposed Action.
The Proposed Action is located in Sierra County, approximately 19 miles bearing 120° off North (i.e. southeast) from Truth or Consequences, New Mexico at latitude 32.988255, longitude -106.982347. The site is accessed from Interstate 25, via County Road E071/Upham Road. Traveling north on Upham road for 24 miles and east to County Road AO39 to the intersection of Road A021/Spaceport America Blvd and Discovery Road. The site is approximately 4,625 feet amsl and locally slopes southward toward the Aleman Draw to the south and west, Jornada Draw to the east and their confluence to the south.
The Proposed action is to construct one, 3-story 30,000 ft2 multi-use facility and two potential parking lots totaling up to approximately 14 acres (608,669 ft2) for overflow parking on previously disturbed land. The proposed action includes onsite water impoundment/retention and rainwater harvesting. The Spaceport Technology and Reception Center will house the Spaceport's core IT server center, staff offices and conference rooms, an Auditorium, food preparation and dining area, virtual experience center, and 2nd and 3rd floor lounge and viewing areas.
Currently the site is occupied by asphalt paved parking areas, water impoundments and "green space". The area surrounding the proposed action includes undeveloped native desert with other Spaceport America facilities and infrastructure located within 0.4 miles to the east. Please see attachment that includes a biological resources report.
The inquiry is used for a preliminary desktop assessment of a proposed access road. The information provided will help to identify potential fatal flaws, development constraints, and permitting and regulatory issues with the potential to delay or impede successful development of the Project. No site-specific environmental surveys were conducted.
The New Mexico Oil Conservation Division (OCD), Environmental Bureau, has reviewed a discharge permit application for ETC Texas Pipeline, LTD, Jal #3 Gas Plant. The discharge permit application was deemed administratively complete on 8/21/2023. Subsection E of 20.6.2.3108 NMAC requires the below information be posted on OCD's website and sent to those persons on a general and facility-specific list maintained by OCD.
ETC Texas Pipeline, LTD owns and operates the Jal #3 Gas Plant located in Section 33, Township 24 South, Range 37 East in Lea County (32.173543°N, 103.174206°W). The Plant processes and treats natural gas of up to 100 million standard cubic feet per day and 800 barrels per day of condensate which is sold to various oil and gas operators. All wastes (e.g., sludges, pigging waste, solids entrained in process streams, rainwater, spent amine, spent TEG, and used oil) are manifested or tracked with an appropriate contractor for transportation and disposal. All liquids utilized at the facility are stored in dedicated above ground or below-grade storage tanks prior to offsite disposal or recycling at an approved site. All storage tanks are within properly engineered secondary containments. Groundwater most likely to be affected is at a depth of approximately 80 feet below ground surface and total dissolved solids (TDS) can range from 320 milligrams per liter (mg/l) to 20,200 mg/l.
The OCD contact by which interested parties may obtain information, submit comments, and request to be placed on a facility-specific mailing list for future notices is Leigh Barr, Administrative Permitting Supervisor, 505-795-1722, LeighP.Barr@emnrd.nm.gov. The OCD mailing address is 1220 South St. Francis Drive, Santa Fe, New Mexico, 87505. The website address for discharge permit notices can be found at https://www.emnrd.nm.gov/ocd/applications-permits-notifications/. The OCD will accept comments and statements of interest regarding the discharge permit application and will create a facility-specific mailing list for persons who wish to receive future notices.
Work will occur under the supervision and approval from Middle Rio Grande Conservancy District (Entity) experts.
As a continuation of the FY23 Peralta Riverside Drain Unit Project, Entity Project Managers have identified a 23-mile stretch of the riverside drains to the east and west of the Rio Grande starting from the southern boundary of Isleta Pueblo, through to the southern boundary of Valencia county. This will include the Upper Peralta, Lower Peralta, and Upper San Juan Riverside Drains on the east side of the river and the Upper Belen, Lower Belen, Upper Sabinal, and Lower Sabinal Riverside Drains on the west side of the river. See attached maps for Project Area. The Project Area is total of 145 acres. This work plan covers Phase 2 of the project which will treat 25 acres within this Project Area. Treatment will consist of cutting, excavating, and removing the vegetation within the outer banks of the Riverside Drains on the Entity's land. Forestry Division will select a thinning contractor from a statewide price agreement to complete the work as follows:
• The thinning contractor shall cut all trees and shrubs within the outer bank of the riverside drain right-of-way including the side slope unless identified by marking or flagging. This will be the east bank for drains east of the river and the west bank for drains west of the river. Entity Project Manager shall mark 'leave' trees prior to thinning.
• All trees and shrubs within the drain bank and slope of the drain to be cut shall have the root balls removed where feasible in the project area, if the Thinning Contractor is unable to remove root ball they shall notify the Entity Project Coordinator.
• Trees or shrubs to remain will be marked or flagged. Branches on the 'leave' vegetation shall be limbed to a minimum height of 13 feet to facilitate access by maintenance equipment.
• Tree felling must be away from private property boundaries and fences. Measures shall be taken to prevent damage to spoil bank levees on the opposite side of the drain.
• Cut and excavated vegetation must be removed immediately from inside the drain channel to prevent plugs.
• Boundary vegetation that is dead, has substantial dead wood, may imminently fall or cause damage to an Entity facility or pose an imminent public safety threat may also be removed at the determination of Entity or Forestry Division Project Manager.
• The Thinning Contractor shall chip all slash into the bed of a pickup truck or dump trailer for removal. All cut and mulched vegetation and root balls will be removed offsite and legally disposed.
• The thinning contractor shall obtain access to the project location through a Special Use License issued from the Entity by applying at licensing.mrgcd.com and clicking on the Special Use icon.
Timeline:
October 2023 Forestry Division selects thinning contractor and issues a notice to proceed.
October 2023 Thinning contractor begins work.
October 2023 - May 2024 Entity and Forestry Division Project Managers conduct periodic inspections.
October 2023 - May 2024 Thinning contractor submits invoices to Forestry Division no more than twice monthly.
May 2024 Thinning contractor completes work and submits final invoice for payment to Forestry Division.
May 2024 Forestry Division and Entity Project Mangers conduct final inspection.
May 2024 Forestry Division provides Entity and thinning contractor with final inspection report and final invoice is paid to thinning contractor.
Project Completion Date: May 30th 2024.
The Cutter Lateral Phase 6F Waterline Project would be extended to include an additional waterline that would better intertie with the existing water system where transmission and distribution bottlenecks occur and would increase the water system capacity for future water demands. The additional waterline would help to provide water to about 424 homes in the Huerfano and Tiis Tsoh Sikaad (Burnham) chapters that rely on the existing Navajo Tribal Utility Authority (NTUA) Carson-Burnham community water system.
The Cutter Lateral Phase 6F that includes 6.6 miles of waterlines and new tank site would be expanded to include 2.57 miles of waterline added to the DZ intertie alignment. This waterline would become a part of the NTUA Carson-Burnham community water system, distributing water to the 424 homes via the previously evaluated waterlines and water storage tank. The total area of disturbance would be approximately 31 acres in addition to the 82.3 acres for the original intertie lines and associated storage tanks and supply line for the Cutter Lateral 6F waterline project.
New Minimal Impact Exploration Permit Application, Peloton Group Drolte Hole
On August 10, 2023, the Mining and Minerals Division ("MMD") received a permit application from The Peloton Group, LLC, for a new minimal impact exploration permit in Sierra County, New Mexico. Pursuant to 19.10.3.302.G NMAC, MMD is requesting comments from your agency regarding this application.
The New Mexico Mining and Minerals Division (MMD) received an application from Sierra Gold and Silver on July 28, 2023 for a new minimal impact exploration permit in Catron County, New Mexico. Sierra Gold and Silver Ltd. is proposing to drill 16 holes at 10 drill pad sites in Catron County, NM.
APS Strategic Transmission Initiative Project; approximate 156 mile transmission line from Four Corners substation in New Mexico to Cholla substation in Arizona. Ground disturbance is currently unknown, but poles will avoid sensitive habitat and water resources, construction will occur outside of breeding and migratory seasons for sensitive species, and construction equipment will be washed to avoid spread of invasive species.
The proposed undertaking is located near 157 Old Highway 3, Arroyo Hondo, Taos County, New Mexico 87513 and consists of a 95-foot-tall monopole telecommunication tower and associated equipment contained within a 67-foot by 84-foot lease area at the above property. The undertaking includes a 25-foot wide by 246.9-foot-long access/utility easement that extends northwest connecting with Old Highway 3. Also included is a 10-foot wide by 275.2-foot-long access/utility easement that extends south connecting with existing utility. In total the proposed undertaking is approximately 14,552.50 square feet. The proposed tower site is approximately 7,052 feet above mean sea level (AMSL).
As of the date of this NR Review, the proposed project consists of the construction of a new communications facility. Specifically, Vertical Bridge proposes to develop a 100-foot by 100-foot lease area. The lease area will consist of a 199-foot self-supported communications tower within a 50-foot by 50-foot, 8-foot-high, chain-linked fence compound. Access/Utilities will be within a 30-foot-wide easement routing southeast until conjoined with an existing dirt road. Please see the attached site drawings for complete details.
Program, in cooperation with the US Department of Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE), is planning to mitigate impacts from historical mining within the boundaries of the Red Hill Mine Safeguarding Project Area in the Caballo Mountains/Rincon Mining District. The proposed project area is located in Sierra County and is approximately 3 miles northwest of Derry, New Mexico (USGS Garfield and McLeod Tank 7.5' quadrangles, in Township 17 S, Range 4 W). The proposed Area of Potential Effect (APE) includes approximately 796 total acres of land administered by the Bureau of Land Management (BLM) and State Land Office (SLO).
Based on recent BLM inventory data, the AML Program estimates there are 52 low risk, 13 medium risk, 12 high risk and 8 extreme risk mines within the proposed APE. The Proposed Action involves safeguarding measures utilizing a variety of methods, including manually or mechanically filling mine openings with surrounding waste material or polyurethane foam, and building structural barriers that restrict human ingress, such as locking gates, cupolas, high-tensile steel mesh coverings, gated culverts, or other wildlife-compatible closures while limiting disturbance to other resources on adjacent county, federal and private lands.
Throughout the past 40 years, the OSMRE and AML have addressed public safety and environmental concerns associated with the open abandoned mine adits and shafts throughout New Mexico. As a federally funded program this proposed AML project constitutes an undertaking subject to review under NEPA. Under the Proposed Action, the OSMRE would approve a Federal Grant for use by the state of New Mexico in implementing the Proposed Action. Based on our draft EA and the proposed construction, the AML Program finds that remediation activities proposed for the Red Hill Mine Safeguarding Project will not have significant effects on the quality of the human or natural environment, and proposed construction for the Red Hill Project is estimated to start Spring, 2024.
A draft Environmental Assessment (EA) has been completed, including a Biological Analysis and Evaluation in addition to a report from Bat Conservation International documenting bat use and habitat of the abandoned mine features within the project area. The AML Program is aware of bat activity and the presence of bats in many of the mine features within the project area and plans to install gated, bat-friendly closures where applicable. Also, AML has an updated bat habitat survey planned with our consultant (Bat Conservation International) and is scheduled to be completed in the coming weeks to be followed by a report documenting the updated conditions observed in the project area. The EA is available for your review via the following link:
https://fs.emnrd.nm.gov/portal/s/011944318380922195483
AML requests that you review the draft EA and provide any comments you may have by September 22, 2023.
Rio Grande Watercraft Landing Project for City of Albuquerque
The City of Albuquerque is proposing the addition of a watercraft landing on the western bank of the Rio Grande and south of the Central Ave. Bridge. The landing would be a concrete pad that would partially enter the waterway.
The Department reviewed the project proposal submitted by NMNH which involves expanding their COA climate refugia predictions (informed by species distribution models of several upland SGCN) project to include riparian SGCN. The Department approves of this project, and has written a letter of support stating this approval.
NMDOT Phase B study to identify alternative solutions for addressing motorist safety issues associated with the S-Curve area of I-25. This project will eventually lead to the completion of an Environmental Assessment.
The Matlock property was purchased in the summer of 2002, it is 30.13 acres in size and sits at an elevation of approximately 7,000 feet above sea level. The property is divided by the Sapello river. On the northern side are grasslands and to the south, crossing the Sapello river are the Sangre de Cristo mountains. The pastures are grazed by livestock and the mountains area have had some thinning done with the help of a neighbor. Tree density increases with distance from the stream. Dwarf mistletoe is present at higher elevation. The Matlocks are working with NM Forestry Division to seek FHI grant support to improve forest health on the property. The Matlock property has not yet applied for the FHI grant, but is putting together a forest management plan as a step towards that goal. No management activities have been scheduled at this time.
Modification 23-1 Application for Ojo Encino, Partial Release of Financial Assurance
On June 22, 2023, the Mining and Minerals Division ("MMD") received a permit application from Miocene, LLC, to modify permit number MK043MN. The application requests partial release of financial assurance associated with approximately 6.35 acres of reclamation performed at the Ojo Encino mine located in T19N, R5W, Section 9. This application is being processed as modification number 23-1 to permit MK043MN.
The Ramakrishnan property was purchased by the current landowner on December 16, 2022. It is 31.572 acres in size and located approximately 13 miles north of Las Vegas along the road to the community of Las Dispensas. The property is situated near the southeastern edge of the Sangre De Cristo Mountains and elevation ranges from approximately 7,140 feet along County Road A2 to approximately 7,450 feet along the crest of the ridge which bisects the western portion of the property. The ridge is referred to locally as "The Crestone". The property lies within the eastern foothills of the Sangre de Cristo Mountain range. The Sangre de Cristo Mountains are the southernmost subrange of the Rocky Mountains. They are in southern Colorado and northern New Mexico. The mountains run from Poncha Pass in South-Central Colorado, trending southeast and south, ending at Glorieta Pass, southeast of Santa Fe, New Mexico.
The property burned during the Hermits Peak - Calf Canyon Fire in Spring 2022. The portion of the property on the western side of the ridge experienced high severity fire resulting in significant overstory mortality, whereas most of the property experienced lower severity fire with minimal overstory mortality. For management purposes the property is divided into two stands based on recent burn severity and associated changes in forest canopy. There is no known livestock use, although grazing has historically been a common use of lands in the area. The property was likely thinned when the house was built, and tree density generally increases with distance from the house.
The Cañon Convenience Station (Facility) is an existing facility that is updating its Stormwater Pollution Prevention Plan (SWPPP) for compliance with the 2021 Multi-Sector General Permit (MSGP). Eligibility for coverage under the MSGP requires a determination to verify if there are any species that have been placed on the U.S. Fish and Wildlife Service's (USFWS) threatened or endangered species list for the facility's defined Action Area, and that the Facility activities are not expected to adversely affect any such species. This request is submitted on behalf of the Facility for a review of the project by the Department of New Mexico Game and Fish regarding anticipated impacts of the project on any federally listed endangered or threatened species and/or their critical habitats.
The project consists of obtaining soil samples for foundation recommendations and other
subgrade recommendations for the bridge and pavement.(See attached for
locations.)The soil borings will be advanced vertically using a rubber-tire, truck-mounted
CME 75 drilling equipment, using hollow-stem auger drilling techniques (up to the depth
of the groundwater table), and mud-rotary drilling techniques (below the groundwater
table where applicable) to the planned termination depths, or to a depth of bedrock,
whichever occurs first. Should bedrock be encountered more than 5 feet prior to our
proposed boring termination depth(s), we will obtain 5-foot runs of rock core every 5 feet
to a maximum of 15 feet of penetration into rock. Typical sampling intervals (every 2½
feet within the top 10 feet, and every 5 feet thereafter) are considered applicable to this
project. Our exploration team will prepare field logs of soil borings as part of standard
drilling operations including sampling depths, penetration distances, and other relevant
sampling information. Samples will be obtained while the boring is being advanced by our
drilling operations working under the direction of our field engineering staff or his/her
representative. The field exploration will also include observations for free or perched
groundwater (if encountered). This will occur during the exploration program while the
boring is being advanced. No provisions have been made to collect water level data other
than the observations made during the advancement of the borings. The borings will be
backfilled immediately after their completion with auger cuttings or cement bentonite as
required by the state engineer, if groundwater is exposed. The backfilled holes will be
patched at the surface with cold (emulsified) asphaltic patch mixture if pavement was
penetrated. Excess auger cuttings will be disposed of at the site by spreading them in
areas immediately adjacent to each exploration point. No tap water used during mud
rotary operations will be discharged in the area. It'll be recycled throughout the operation
with a water pump attached to the drill rig. A mud pan will be used to prevent a flood
area. When the holes are being backfilled with cement bentonite, the groundwater will be
displaced at the surface of the hole but not in excess so as to cause damage away from
the hole. The hole will not be more than 10-in in diameter. The project is expected to last
5 business days.
The project consists of obtaining soil samples for foundation recommendations and other subgrade recommendations for the bridge and pavement.(See attached for locations.)The soil borings will be advanced vertically using a rubber-tire, truck-mounted CME 75 drilling equipment, using hollow-stem auger drilling techniques (up to the depth of the groundwater table), and mud-rotary drilling techniques (below the groundwater table where applicable) to the planned termination depths, or to a depth of bedrock, whichever occurs first. Should bedrock be encountered more than 5 feet prior to our proposed boring termination depth(s), we will obtain 5-foot runs of rock core every 5 feet to a maximum of 15 feet of penetration into rock. Typical sampling intervals (every 2½ feet within the top 10 feet, and every 5 feet thereafter) are considered applicable to this project.
Our exploration team will prepare field logs of soil borings as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Samples will be obtained while the boring is being advanced by our drilling operations working under the direction of our field engineering staff or his/her representative.
The field exploration will also include observations for free or perched groundwater (if encountered). This will occur during the exploration program while the boring is being advanced. No provisions have been made to collect water level data other than the observations made during the advancement of the borings.
The borings will be backfilled immediately after their completion with auger cuttings or cement bentonite as required by the state engineer, if groundwater is exposed. The backfilled holes will be patched at the surface with cold (emulsified) asphaltic patch mixture if pavement was penetrated. Excess auger cuttings will be disposed of at the site by spreading them in areas immediately adjacent to each exploration point. No tap water used during mud rotary operations will be discharged in the area. It'll be recycled throughout the operation with a water pump attached to the drill rig. A mud pan will be used to prevent a flood area. When the holes are being backfilled with cement bentonite, the groundwater will be displaced at the surface of the hole but not in excess so as to cause damage away from the hole. The hole will not be more than 10-in in diameter.
The project is expected to last 5 business days.
Cut stump treatments (herbicide sprayed onto stump) of invasive trees and or foliar herbicide application. Removal of cut slash and dead and down material.
Chainsaws, trucks, chippers and herbicide may be used.
Search for the Final Comment Letter for a project that technical guidance staff at New Mexico Department of Game and Fish have reviewed using the filters below. If you select multiple search terms in the "Search Terms" box, the filter will return all projects that are associated with at least one of the search terms you selected.
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