Notice2025-15421
Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the Hermit's Peak and Calf Canyon (HPCC) Burn Scar Project Watershed Plan, in Mora, Colfax, Taos, Rio Arriba, Santa Fe, Guadalupe, and San Miguel Counties, New Mexico
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Published
August 14, 2025
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) New Mexico State Office announces its intent to prepare a PEIS for the HPCC Burn Scar Project, in Mora, Colfax, Taos, Rio Arriba, Santa Fe, Guadalupe, and San Miguel Counties, New Mexico. The PEIS will examine alternative solutions to address flooding, sedimentation, erosion, water quality impairments, and agricultural water management on private lands due to loss of land cover and the overall burn severity of the HPCC fire. The project area is approximately 500 square miles and includes 33 Hydrologic Unit Code-12 watersheds within nine Hydrologic Unit Code-10 watersheds (nine watersheds). The primary purpose for the PEIS is to provide improvement to increase the flood resilience to protect the communities that have been affected by the HPCC fire and restore the project areas' function that is essential to healthy streams and clean water; healthy forest, soil, and ecosystem; and healthy flora and fauna on private lands and in conjunction with other restoration efforts on National Forest System (NFS) lands. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the Proposed Action from all interested individuals, Federal and State agencies, and Tribes and Pueblos.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Notices]
[Pages 39175-39177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15421]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0020]
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement for the Hermit's Peak and Calf Canyon (HPCC) Burn Scar
Project Watershed Plan, in Mora, Colfax, Taos, Rio Arriba, Santa Fe,
Guadalupe, and San Miguel Counties, New Mexico
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture (USDA).
ACTION: Notice of Intent (NOI) to Prepare a Programmatic Environmental
Impact Statement (PEIS).
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SUMMARY: The Natural Resources Conservation Service (NRCS) New Mexico
State Office announces its intent to prepare a PEIS for the HPCC Burn
Scar Project, in Mora, Colfax, Taos, Rio Arriba, Santa Fe, Guadalupe,
and San Miguel Counties, New Mexico. The PEIS will examine alternative
solutions to address flooding, sedimentation, erosion, water quality
impairments, and agricultural water management on private lands due to
loss of land cover and the overall burn severity of the HPCC fire. The
project area is approximately 500 square miles and includes 33
Hydrologic Unit Code-12 watersheds within nine Hydrologic Unit Code-10
watersheds (nine watersheds). The primary purpose for the PEIS is to
provide improvement to increase the flood resilience to protect the
communities that have been affected by the HPCC fire and restore the
project areas' function that is essential to healthy streams and clean
water; healthy forest, soil, and ecosystem; and healthy flora and fauna
on private lands and in conjunction with other restoration efforts on
National Forest System (NFS) lands. NRCS is requesting comments to
identify significant issues, potential alternatives, information, and
analyses relevant to the Proposed Action from all interested
individuals, Federal and State agencies, and Tribes and Pueblos.
DATES: The 45-day public scoping period begins on August 14, 2025, and
extends to September 29, 2025. Comments must be postmarked or submitted
electronically at the addresses listed below no later than September
29, 2025.
ADDRESSES: We invite you to submit comments in response to this notice.
You may submit your comments through one of the methods below:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for docket ID NRCS-2024-0020. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: Merceidez Fabok, Watershed Program
Manager, 100 Sun Ave. NE, Suite 602, Albuquerque, NM 87109. In your
comments, specify the docket ID NRCS-2024-0020.
All comments received will be posted without change and made
publicly available on <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Merceidez Fabok, telephone: (505) 761-
4421; email: <a href="/cdn-cgi/l/email-protection#f5b8908796909c91908fdbb394979a9eb580869194db929a83"><span class="__cf_email__" data-cfemail="206d455243454944455a0e6641424f4b60555344410e474f56">[email protected]</span></a>.
Individuals who require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice and text telephone (TTY)) or dial 711 for
Telecommunications Relay service (both voice and text telephone users
can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The primary purpose for the PEIS is to independently analyze the
nine watersheds to identify resource concerns and propose alternative
solutions on private lands. The HPCC fire resulted in severe impairment
across the nine watersheds, posing a threat to life and property. The
HPCC wildfire burned over 341,735 acres across northern New Mexico in
2022 with two-thirds of the burned area on private property.
There are multiple authorized purposes that will be evaluated, both
independently and combined, for the nine watersheds encompassing the
burn scar on private lands, including: flood prevention (flood damage
reduction), watershed protection, agricultural water management,
municipal or industrial water supply, and water quality management. The
higher elevations of the nine watersheds consist primarily of public
land managed by the Forest Service used for multiple use. The Forest
Service has implemented some restoration activities and is planning for
more under its authorization. The lower elevations of the nine
watersheds consist of private land and rural communities. In this PEIS,
NRCS is focusing proposed actions on these private lands which are
under its authorization, not on National Forest System lands. Watershed
planning is authorized under the Watershed Protection and Flood
Prevention Act of 1954 (Pub. L. 83-566), as amended, and the Flood
Control Act of 1944 (Pub. L. 78-534). The Forest Service is expected to
participate as a cooperating agency in the development of this PEIS to
coordinate efforts between the two agencies toward restoration and
mitigations on the effected lands.
Preliminary Proposed Action Alternative Types, Including No Action
The PEIS objective is to formulate and evaluate alternatives for
the purposes of agricultural water management in the HPCC Mora, Colfax,
Taos, Rio Arriba, Santa Fe, Guadalupe, and San Miguel Counties, New
Mexico on the private lands. As a cooperating agency the Forest Service
will provide what activities are being proposed and conducted on NFS
lands. The two agencies will work together to ensure the activities
proposed on public and private lands meet the overall objectives toward
recovery of the watersheds. The PEIS is expected to evaluate four
alternatives: three action alternatives and one no action alternative.
The NRCS would provide technical and financial assistance for the
proposed project through the NRCS Watershed Protection and Flood
Prevention Program, and NRCS would also design and implement the
selected alternative(s).
The alternatives that may be considered for detailed analysis
include:
<bullet> Alternative 1--No Action Alternative: Taking no action
would consist of activities conducted if no Federal action on private
lands or funding for those activities were provided. If the No Action
Alternative is selected, there would be no implementation of any
measures, and the risks of flooding, sedimentation, erosion, water
quality impairments, and lack of fauna diversity would continue. The
conditions of this alternative were used as the baseline to evaluate
the effectiveness of the other alternatives in addressing the selected
purpose and need. No action or funding would be associated with the No
Action Alternative.
<bullet> Alternative 2--Proposed Action--Reasonable Structural
Alternative. This alternative would address the purpose and need for
action within the program authorities of NRCS.
<bullet> Alternative 3--Non-structural Alternative. This
alternative would address the purpose and need for action, including,
but not limited to, the following: flood-proofing of structures,
floodplain regulation, acquisition of floodplain lands, moving
buildings and facilities, and conversions of land use to forest on
private lands.
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<bullet> Alternative 4--Project Land Treatment. The Proposed Action
would be formulated solely to enhance onsite economic benefits on
private lands, for example, reducing production costs or increasing
yields. Onsite benefits will be included in the documentation and
evaluation of the alternative plans. Costs, including operation,
maintenance, and replacement costs, expected to be incurred over the
period of analysis will be included.
Summary of Expected Impacts
The PEIS will rely on a phased approach for the development and
validation of the overall project, so there is no indication of what
action alternative described above is likely to be selected as the
preferred. The PEIS will consist of a 4-phased approach in order to
develop, analyze, and implement the alternatives selected as the
preferred in each of the 9 watersheds encompassing the burn scar.
The resource concerns identified during the preliminary planning
process that will be analyzed for potential impacts include, but are
not limited to, erosion, sedimentation, organic matter depletions in
soils, water quality, floodplain connectivity, loss of animal and plant
species' diversity and habitat, degradation of acequias, and public
health and safety due to post-wildfire flooding. The full list of
concerns to be addressed for impacts will be developed through public
scoping, agency consultations, and other components of the NEPA
process.
The PEIS will be prepared as required by section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA) and USDA regulations
in 7 CFR Subtitle A Part 1b (7 CFR 1b).
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
<bullet> Federal Emergency Management Agency, Floodplain
Development permit. Implementation of the Proposed Action would require
coordination with the local floodplain administrator and may require a
Floodplain Development Permit to ensure all development and engineering
requirements for construction within the Special Flood Hazard Areas are
implemented.
<bullet> Clean Water Act (CWA) and National Pollutant Discharge
Elimination System (NPDES). The project would require water quality
certification under Section 401 of the CWA, permitting under Section
402 of the NPDES, and Section 404 of the CWA for potential wetland
impacts.
<bullet> National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties would be
conducted as required by NHPA.
<bullet> New Mexico Office of the State Engineer Dam Safety Permit.
The project would require review and approval applicable to the final
engineering plans and to provide a permit prior to construction, if
necessary.
Schedule of Decision-Making Process
A Draft PEIS (DPEIS) will be prepared and circulated for review and
comment by agencies, Tribes and Pueblos, consulting parties, and the
public for 45 days. The DPEIS is anticipated to be published
approximately 18 months after publication of this NOI. A Final PEIS is
anticipated to be published within 3 months of completion of the public
comment period for the DPEIS.
NRCS will decide whether to implement any of the action
alternatives as evaluated in the PEIS. A Record of Decision will be
completed and made publicly available. The responsible Federal official
and decision maker for NRCS is the New Mexico NRCS State
Conservationist.
NRCS Decision: NRCS will decide whether to implement any one of the
Action Alternatives or the No Action Alternative identified in the PEIS
in the Record of Decision.
Public Scoping Process
An Agency Engagement Meeting presenting the project and developing
the scope of the PEIS was held on Tuesday, March 4th, 2025. A Public
Engagement Meeting presenting the project and developing the scope of
the PEIS was held on Tuesday, March 11th, 2025. The presentation
materials are available on the project website, along with project
background information and status updates: <a href="https://www.nrcs.usda.gov/programs-initiatives/watershed-protection-and-flood-prevention-operations-wfpo-program/new-mexico">https://www.nrcs.usda.gov/programs-initiatives/watershed-protection-and-flood-prevention-operations-wfpo-program/new-mexico</a>. The 45-day public scoping period
begins on August 14, 2025, and extends to September 29, 2025.
NRCS coordinated the scoping process to correspond with Section 106
of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) as
allowed in 36 CFR 800.2(d)(3) and 800.8.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes and Pueblos, consulting parties, and
individuals that have special expertise, legal jurisdiction, or
interest in the EIS project area to provide written comments concerning
the scope of the analysis and identification of potential alternatives,
information, and analyses relevant to the Proposed Action.
The information about historic and cultural resources within the
area potentially affected by the proposed project will assist NRCS in
identifying and evaluating impacts to such resources in the context of
both NEPA and NHPA.
NRCS will consult with Native American Tribes and Pueblos on a
government-to-government basis in accordance with the regulations in 36
CFR 800.2 and 800.3, Executive Order 13175, and other policies. Tribal
concerns, including impacts on Indian trust assets and potential
impacts to cultural resources and historic properties, will be given
due consideration.
Authorities
This document is published as specified by the NEPA regulations
regarding publication of an NOI to issue a PEIS. Watershed planning is
authorized under the Watershed Protection and Flood Prevention Act of
1954, as amended and the Flood Control Act of 1944.
Federal Assistance Programs
The title and number of the Federal Assistance Program as found in
the Assistance Listing \1\ to which this document applies is 10.904,
Watershed Protection and Flood Prevention.
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\1\ See <a href="https://sam.gov/content/assistance-listings">https://sam.gov/content/assistance-listings</a>.
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Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with State and local officials that
would be directly affected by proposed Federal financial assistance.
The objectives of the Executive order are to foster an
intergovernmental partnership and a strengthened federalism, by relying
on State and local processes for State and local government
coordination and review of proposed Federal financial assistance and
direct Federal development. This project is subject to the provisions
of Executive Order 12372, which requires intergovernmental consultation
with State and local officials.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its agencies, offices, and employees,
and institutions participating in or
[[Page 39177]]
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, disability, age, marital
status, family or parental status, income derived from a public
assistance program, political beliefs, or reprisal or retaliation for
prior civil rights activity, in any program or activity conducted or
funded by USDA (not all bases apply to all programs). Remedies and
complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (for example, braille, large
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and
telephone) or dial 711 for Telecommunications Relay Service (both voice
and text telephone users can initiate this call from any phone).
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at:
<a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and at any USDA office or write a letter addressed to USDA
and provide in the letter all the information requested in the form. To
request a copy of the complaint form, call (866) 632-9992. Submit your
completed form or letter to USDA by: (1) mail to: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 20250-9410; (2) Fax: (202) 690-
7442; or (3) email: <a href="/cdn-cgi/l/email-protection#d0a0a2bfb7a2b1bdfeb9bea4b1bbb590a5a3b4b1feb7bfa6"><span class="__cf_email__" data-cfemail="82f2f0ede5f0e3efacebecf6e3e9e7c2f7f1e6e3ace5edf4">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Juan Montoya,
New Mexico State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2025-15421 Filed 8-13-25; 8:45 am]
BILLING CODE 3410-16-P
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