Writing Tips Environmental Assessment FEMA AUG 2016 · On September 28, 2016, a biologist from SWCA Environmental Consultants (SWCA) conducted a survey of the project area (Figure

Technical Memorandum

To: Randall J. Carroll, P.E. City of Rio Rancho 2704 Iris Road BE Rio Rancho, New Mexico 87144

From: Pete David, SWCA E nvironmental Consultants

Date: October 3, 2016

Re: Biological Evaluation for the Proposed B ank Stabilization of 1,500 feet of the Los Montoyas Arroyo in Sandoval County, New Mexico / SWCA Project No. 40526

PROJECT DESCRIPTION

The City of Rio Rancho (City) proposes to complete bank stabilization in the Arroyo de los Montoyas

(arroyo) in Rio Rancho, Sandoval County, New Mexico. The failure of this section of the arroyo bank

from undercutting during stormwater events threatens baseball and soccer fields, a storage and

maintenance compound, and other structures in the Rio Rancho Sports Complex just south of the

ephemeral drainage. The complex is located at 3501 High Resort Boulevard in Rio Rancho,

approximately 0.5 mile west of New Mexico State Highway 528 (Figure 1). The sports complex is just

over 71 acres in size, and bound by High Resort Boulevard to the south and the arroyo to the north. The

sports complex is nestled among the Loma Colorado, Arrowhead Ridge, Ridges, Cascades, Gleneagles,

Stonehenge, Country Club, and Vista Hills neighborhoods.

Erosion along the arroyo creates steep banks that can become a safety hazard for those using the sports

complex facilities. Future damage will result in economic loss to the City and may result in the closure of

the facility to local residents. The proposed project will consist of placing 12,208 cubic yards of

compacted fill and 390 cubic yards of reinforced concrete slope paving to reinforce 1,500 feet along the

southern bank of the arroyo. The paving will tie into existing concrete infrastructure. Excavation of up to

11 feet in the arroyo will be necessary to secure the subgrade slope paving. The top bank will be seeded

and protected with a geosynthetic material anchored to the slope.

METHODS

On September 28, 2016, a biologist from SWCA Environmental Consultants (SWCA) conducted a survey

of the project area (Figure 2). The biological survey was conducted on-foot and consisted of a visual

assessment of the arroyo and arroyo banks, including a buffer zone extending 16 feet outside of the

project boundaries. The biologist walked along the arroyo bottom and surveyed the entire bank top.

The biological survey was conducted to assess the potential for occurrence of special-status species or

sensitive habitats in and directly adjacent to the project area in compliance with the Endangered Species

Act (ESA). Existing conditions in the project area were documented with photographs and a written

description of current land use and dominant plant species.

The list of species federally listed as endangered and threatened in Sandoval County was compiled using

the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Conservation (IPaC) System

(USFWS 2016). Ranges and habitat requirements for these species were also reviewed.

Technical Memorandum / SWCA Project No. 40526 October 3, 2016

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Figure 1. Project location.


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Figure 2. Project vicinity.


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All of the species federally listed in Sandoval County were first evaluated based on their potential to

occur in the project area. The potential for occurrence of a species was identified using the following

categories.

Known to occur—the species was documented in the project area during SWCA’s biological

survey or by other reliable observers.

May occur—the project area is within the species’ currently known range, and vegetation

communities, soils, water quality conditions, etc., resemble those known to be used by the

species.

Unlikely to occur—the project area is within the species’ currently known range, but vegetation

communities, soils, water quality conditions, etc., do not resemble those known to be used by the

species, or the project area is clearly outside the species’ currently known range.

Species potentially occurring in the project area and listed by the USFWS as endangered or threatened

were assigned to one of three categories of possible effect, following USFWS recommendations. The

effects determinations recommended by the USFWS include the following.

May affect, is likely to adversely affect—This effect determination means that the action would

have an adverse effect on the species or its critical habitat. Any action that would result in take of

an endangered or threatened species is considered an adverse effect. A combination of beneficial

and adverse effects is still considered “likely to adversely affect,” even if the net effect is neutral

or positive. Adverse effects are not considered discountable because they are expected to occur.

In addition, the probability of occurrence must be extremely small to qualify as discountable

effects. Likewise, an effect that can be detected in any way or that can be meaningfully

articulated in a discussion of the results of the analysis is not insignificant; it is an adverse effect.

May affect, is not likely to adversely affect—Under this effect determination, all effects to the

species and its critical habitat are beneficial, insignificant, or discountable. Beneficial effects have

contemporaneous positive effects without adverse effects to the species (for example, there

cannot be “balancing,” so that the benefits of the action would outweigh the adverse effects).

Insignificant effects relate to the size of the impact and should not reach the scale where take

occurs. Discountable effects are considered extremely unlikely to occur. Based on best judgment,

a person would not: 1) be able to meaningfully measure, detect, or evaluate insignificant effects,

or 2) expect discountable effects to occur. Determinations of “not likely to adversely affect, due

to beneficial, insignificant, or discountable effects” require written concurrence from the USFWS.

No effect—a determination of no effect means there are absolutely no effects to the species and its

critical habitat, either positive or negative. It does not include small effects or effects that are

unlikely to occur.

The following are possible effects determinations for candidate and proposed species with the potential to

occur in the project area.

Likely to jeopardize—Expected, directly or indirectly, to reduce appreciably the likelihood of

both the survival and recovery of a listed species in the wild by reducing the reproduction,

numbers, or distribution of that species.

Not likely to jeopardize—Not expected, directly or indirectly, to reduce appreciably the likelihood

of both the survival and recovery of a listed species in the wild by reducing the reproduction,

numbers, or distribution of that species.


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RESULTS

The project area is located in the Albuquerque Basin ecoregion of the Chihuahuan Desert Scrub biotic

community (Griffith et al. 2006) consisting primarily of sand sagebrush (Artemisia filifolia) and fourwing

saltbush (Atriplex canescens). The latter was the dominant shrub growing along the arroyo bank.

Other plant species observed during the survey included broom snakeweed (Gutierrezia sarothrae),

Russian thistle (Salsola tragus), coyote willow (Salix exigua), rabbitbrush (Chrysothamnus sp.), and aster

(Aster sp.). Wildlife observed within the project area included rock squirrel (Cetellus variegatus), eastern

fence lizard (Sceloporus undulatus), house finch (Carpodacus mexicanus), and common raven (Corvus

corax).

The section of the arroyo that will undergo bank stabilization is in an urbanized setting at an elevation

ranging between 5,246 and 5,267 feet above mean sea level. The area south of the arroyo bank consists of

ball fields and cleared landscape. Residential areas occur north of the arroyo.

The bank shows signs of disturbance and soil erosion with scarce vegetation (Figure 3 and Figure 4), but

is pockmarked with scattered burrows, likely used by small mammals, including rock squirrels, one of

which was observed travelling from the arroyo to the storage compound. No evidence of nesting

migratory birds was observed. Several of the larger burrows and culverts could provide suitable nesting

sites for the western burrowing owl (Achene cunicularia). The species has not been listed by the state as

threatened or endangered but is protected by New Mexico Statute 17-2-14 (New Mexico Statutes

Annotated 1978). Upon further inspection of all burrows and culverts, no evidence of use by burrowing

owls or any other migratory bird such as bank swallows (Riparia riparia) was observed.

Six species are listed as threatened or endangered by the USFWS for Sandoval County. The proposed

project would have no effect on any of these species since suitable habitat is not present (Table 1).


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Table 1. Federally Listed Species Potentially Occurring in Sandoval County, New Mexico

Common Name (Species Name)

Status* Range or Habitat Requirements Potential for Occurrence in Project Area

Determination of Effect

Rio Grande silvery USFWS Found only within an approximate 252- Unlikely to occur. Rio Grande is No effect. minnow E kilometer (157-mile) reach of the Middle not located within or adjacent to (Hybognathus Rio Grande in central New Mexico, the project area. amarus) extending from Cochiti Dam in Sandoval

County downstream to Socorro County.

Jemez Mountains USFWS Restricted to the Jemez Mountains in Unlikely to occur. There is no No effect. salamander E northern New Mexico in Los Alamos, Rio habitat present in the project area (Plethodon Arriba, and Sandoval Counties. that would support this species neomexicanus) Predominantly found in mixed-conifer and the project area is located

forest at elevations between 2,200 and below the elevation range of this 2,900 meters (m) (7,220–9,510 feet) species. above mean sea level (amsl), consisting mainly of Douglas-fir (Pseudotsuga menziesii), blue spruce (Picea pungens), Engelmann spruce (P. engelmannii), white fir (Abies concolor), limber pine (Pinus flexilis), and aspen (Salicaceae).

Southwestern willow USFWS Found in dense riparian habitats along Unlikely to occur. The project No effect. flycatcher E streams, rivers, and other wetlands area does not contain suitable (Empidonax traillii where cottonwood (Populus sp.), willow riparian habitat that would extimus) (Salix sp.), boxelder (Acer negundo), support this species.

saltcedar (Tamarix ramosissima), Russian olive (Elaeagnus angustifolia), buttonbush (Cephalanthus occidentali), and arrowweed (Pluchea sericea) are present. Habitat occurs at elevations below 2,591 m (8,500 feet) amsl.

Mexican spotted owl USFWS Found in mature montane forests and Unlikely to occur. The project No effect. (Strix occidentalis T woodlands and steep, shady, wooded area does not contain suitable lucida) canyons. Can also be found in mixed- habitat for this species.

conifer and pine-oak woodlands and associated riparian forests. Generally nests in older forests of mixed conifers or ponderosa pine–Gambel oak (Pinus ponderosa–Quercus gambelii).

Yellow-billed cuckoo USFWS Typically found in riparian woodland Unlikely to occur. The project No effect. (Coccyzus T vegetation (cottonwood, willow, or area does not containuitable americanus) saltcedar) at elevations below 2,012 m riparian woodland vegetation that

(6,600 feet) amsl. In New Mexico, most would support this species. commonly found in the south and along major river valleys, including the San Juan, Rio Grande, Pecos, Canadian, San Francisco, and Gila Rivers.

New Mexico meadow USFWS

Nests in dry soils, but uses moist, Unlikely to occur. The project No effect. jumping mouse E streamside, dense riparian/wetland area lacks riparian habitat that (Zaphus hudsonius vegetation up to an elevation of about would support this species. luteus) 2,438 m (8,000 feet) amsl. Prefers

microhabitats of patches or stringers of tall dense sedges (Carex sp.) on moist soil along the edge of permanent water.

*U.S. Fish and Wildlife Service (USFWS) Status Definitions

E = Endangered. Endangered species are those in imminent jeopardy of extinction. The Endangered Species Act specifically prohibits the take of a species listed as endangered. Take is defined by the Endangered Species Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to engage in any such conduct.

T = Threatened. Threatened species are those in imminent jeopardy of becoming endangered. The Endangered Species Act specifically prohibits the take of a species listed as threatened. Take is defined by the Endangered Species Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to engage in any such conduct.

Sources: New Mexico Avian Conservation Partners (2011); Biota Information System of New Mexico (2016).


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Figure 3. View from east end of arroyo bank facing west.

Figure 4. View from west end of arroyo facing east.


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CONCLUSION

No federally listed threatened or endangered species are likely to be present and impacted by the proposed

project. No evidence was detected of any migratory birds using the arroyo bank for nesting. Burrowing

owls, a state-protected species, and other migratory birds could potentially use the bank for nesting, but

such use is not likely due to the substrate instability. Should construction occur during the breeding

season (March 1–August 31), a survey should be conducted up to 2 weeks prior to disturbance to ensure

no “take” of nesting migratory birds.


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LITERATURE CITED

Biota Information System of New Mexico. 2016. BISON-M home page. Available at: http://www.bison-

m.org. Accessed September 2016.

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. Moran. 200 6. Ecor egions of New Mexico (color poster with map, descriptive text,

summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale

1:1,400,000).

New Mexico Avian Conservation Partners. 2011. Species Accounts. Available at:

http://nmpartnersinflight.org/species.html. Accessed September 2016.

U.S. Fish and W ildlife Service (USFWS). 2016. Information, Planning, and Conservation System (IPaC).

Available at: http://ecos.fws.gov/ipac/. Accessed September 2016.


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http://ecos.fws.gov/ipac

http://nmpartnersinflight.org/species.html

http://www.bison

Documents

Writing Tips Environmental Assessment FEMA AUG 2016 · On September 28, 2016, a biologist from SWCA Environmental Consultants (SWCA) conducted a survey of the project area (Figure