Final FONSI and EA for hot cargo pad on Kirtland AFB - Kirtland Air ...

<strong>Final</strong> <strong>EA</strong> Addressing Construction, Operation, <strong>and</strong> Maintenance of a Hot Cargo Pad
United States. As a consequence of the associated U.S. Supreme Court decision, the USEPA <strong>and</strong>
USACE, in coordination with the Office of Management <strong>and</strong> Budget <strong>and</strong> the CEQ, developed the Clean
Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States <strong>and</strong>
Carabell v. United States memor<strong>and</strong>um (USEPA <strong>and</strong> USACE 2007a). The guidance requires a greater
level of documentation to support an agency JD <strong>for</strong> a particular water body. As a result of the decision,
the agencies now assert jurisdiction over the following categories of water bodies: Traditional Navigable
Waters (TNWs); all wetl<strong>and</strong>s adjacent to TNWs; nonnavigable tributaries of TNWs that are relatively
permanent (i.e., tributaries that typically flow year-round or have continuous flow at least seasonally); <strong>and</strong>
wetl<strong>and</strong>s that directly abut such tributaries. In addition, the agencies assert jurisdiction over every water
body that is not a Relatively Permanent Water if that water body is determined (on the basis of a factspecific
analysis) to have a significant nexus with a TNW. The classes of water bodies that are subject to
CWA jurisdiction, only if such a significant nexus is demonstrated are: nonnavigable tributaries that do
not typically flow year-round or have continuous flow at least seasonally; wetl<strong>and</strong>s adjacent to such
tributaries; <strong>and</strong> wetl<strong>and</strong>s adjacent to but that do not directly abut a relatively permanent, nonnavigable
tributary. A significant nexus exists if the tributary, in combination with all of its adjacent wetl<strong>and</strong>s, has
more than a speculative or an insubstantial effect on the chemical, physical, or biological, integrity of a
TNW. Principal considerations when evaluating significant nexus include the volume, duration, <strong>and</strong>
frequency of the flow of water in the tributary <strong>and</strong> the proximity of the tributary to a TNW, plus the
hydrologic, ecologic, <strong>and</strong> other functions per<strong>for</strong>med by the tributary <strong>and</strong> all of its adjacent wetl<strong>and</strong>s.
An additional memor<strong>and</strong>um regarding USEPA <strong>and</strong> USACE coordination on JDs under CWA Section 404
in light of the Solid Waste Agency of Northern Cook County <strong>and</strong> Rapanos Supreme Court Decisions was
developed <strong>and</strong> signed in response to the Rapanos decision (USEPA <strong>and</strong> USACE 2007b). Headquarters
originally required the districts to request concurrence <strong>for</strong> only those JDs where the district was
considering asserting jurisdiction over a nonnavigable, intra-state, isolated water or wetl<strong>and</strong>. The
agencies now require that all determinations <strong>for</strong> nonnavigable, isolated waters be elevated <strong>for</strong> USACE
<strong>and</strong> USEPA Headquarters review prior to the district making a final decision on the JD.
3.7.2 Existing Conditions
Kirtl<strong>and</strong> AFB lies at the intersection of four major North American physiographic <strong>and</strong> biotic provinces:
the Great Plains, Great Basin, Rocky Mountains, <strong>and</strong> Chihuahuan Desert. Vegetation <strong>and</strong> wildlife found
within Kirtl<strong>and</strong> AFB are influenced by each of these provinces, the Great Basin being the most dominant.
Elevations at Kirtl<strong>and</strong> AFB range from approximately 5,000 feet in the west to almost 8,000 feet in the
Manzanita Mountains, providing a variety of ecosystems. Several canyons (Lurance, Sol se Mete,
Bonito, Otero, <strong>and</strong> Madera) are in the eastern portion of the installation; a few smaller canyons occur on
Manzano Base portion of the installation. Kirtl<strong>and</strong> AFB is near three regional natural areas: S<strong>and</strong>ia
Mountain Wilderness Area, S<strong>and</strong>ia Foothills Open Space, <strong>and</strong> the Rio Gr<strong>and</strong>e Valley State Park. The
S<strong>and</strong>ia Mountain Wilderness Area, encompassing 37,877 acres, is approximately 5 miles north of the
eastern portion of the installation. This area is home to many species plants <strong>and</strong> animals <strong>and</strong> is also
located on an important raptor migration route (KAFB 2007).
3.7.2.1 Applicable Laws, Regulation, <strong>and</strong> Policies
Appendix A contains summaries of the Federal environmental laws, regulations, <strong>and</strong> EOs that might
apply to the Proposed Action. The State of New Mexico also has regulations applicable to biological
resources. The New Mexico Wildlife Conservation Act of 1974 declared that native wildlife found to be
threatened or endangered should be managed to maintain <strong>and</strong>, to the extent possible, enhance their
numbers. Responsibility <strong>for</strong> implementing this Act was given to the NMDGF.
Kirtl<strong>and</strong> AFB, NM January 2011
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