ML21155A229

CISF EIS - Jurisdictional Determination

ML21155A229
Person / Time
Site:	HI-STORE
Issue date:	04/01/2021
From:	Riggs J US Dept of the Army, Corps of Engineers, Albuquerque District
To:	Office of Nuclear Material Safety and Safeguards
Caverly J
References
Download: ML21155A229 (14)

Text

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, ALBUQUERQUE DISTRICT 200 EAST GRIGGS AVE.

LAS CRUCES, NM 88001 April 1, 2021 Regulatory Division

SUBJECT:

No Permit Required - Action No. SPA-2021-00059-LCO, Holtec International HI-STORE FACILITY Holtec International 1 Holtec Blvd, Camden, NJ 08104

Dear Mr. Mathis:

This letter responds to your request for a determination of Department of the Army permit requirements for the proposed Holtec International HI-STORE FACILITY located at approximately latitude 32.578563, longitude -103.728283, in Lea County, New Mexico. The work, as described in your letter, will consist of the expansion of the Holtec interim storage facility. CEHMM conducted a Water Body Delineation Survey of the proposed project location. We have assigned Action No. SPA-2021-00059-LCO to this project. Please reference this number in all future correspondence concerning the project.

Based on the information provided, we have determined that a Department of the Army permit is not required since the project would not result in the discharge of dredged/fill material into waters of the United States. However, it is incumbent upon you to remain informed of any changes in the U.S. Army Corps of Engineers (Corps)

Regulatory Program regulations and policy as they relate to your project. If your plans change such that waters of the U.S. could be impacted by the proposed project, please contact our office for a reevaluation of permit requirements.

This decision is based on an approved jurisdictional determination (JD) (attached) that there are no waters of the United States on the project site. The basis for this JD is that the project site contains ephemeral features and impoundments that do not contribute surface water flow directly or indirectly to an (a)(1) water and is not inundated by flooding from an (a)(1)-(a)(3) water in a typical year. A copy of this JD is also available at http://www.spa.usace.army.mil/reg/JD. This approved JD is valid for five years unless new information warrants revision of the determination before the expiration date.

The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic

resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are United States Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.

You may accept or appeal this approved JD or provide new information in accordance with the attached Notification of Administration Appeal Options and Process and Request for Appeal (NAAOP-RFA). If you elect to appeal this approved JD, you must complete Section II of the form and return it to the Army Engineer Division, South Pacific, CESPD-PDS-O, 2052B, Attn: Tom Cavanaugh, Administrative Appeal Review Officer, P.O. Box 36023, 450 Golden Gate Ave, San Francisco, CA 94102 within 60 days of the date of this notice. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD.

If you have any questions concerning our regulatory program, please contact me at (575) 652-4574 or by e-mail at Justin.C.Riggs@usace.army.mil. At your convenience, please complete a Customer Service Survey on-line available at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Sincerely, Justin Riggs Regulatory Manager for Southern New Mexico and West Texas Enclosure

1. Approved Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

NAVIGABLE WATERS PROTECTION RULE Page 1 of 4 Form Version 9 June 2020 I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 3/29/2021 ORM Number: SPA-2021-00059-LCO Associated JDs: N/A Review Area Location1: State/Territory: New Mexico City: Carlsbad County/Parish/Borough: Eddy Center Coordinates of Review Area: Latitude 32.578563 Longitude -103.728283 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources.

The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A There are navigable waters of the United States within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B).

There are waters of the United States within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C).

There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D).

B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2

§ 10 Name

§ 10 Size

§ 10 Criteria Rationale for § 10 Determination N/A.

N/A.

N/A N/A.

N/A.

C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination N/A.

N/A.

N/A.

N/A.

N/A.

Tributaries ((a)(2) waters):

(a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination N/A.

N/A.

N/A.

N/A.

N/A.

Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):

(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination N/A.

N/A.

N/A.

N/A.

N/A.

Adjacent wetlands ((a)(4) waters):

(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination N/A.

N/A.

N/A.

N/A.

N/A.

1 Map(s)/figure(s) are attached to the AJD provided to the requestor.

2 If the navigable water is not subject to the ebb and flow of the tide or included on the Districts list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination.

3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.

U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

NAVIGABLE WATERS PROTECTION RULE Page 2 of 4 Form Version 9 June 2020 D. Excluded Waters or Features Excluded waters ((b)(1) - (b)(12)):4 Exclusion Name Exclusion Size Exclusion5 Rationale for Exclusion Determination See 2021-00059_waterways attached 14648 Linear feet (b)(3) Ephemeral feature, including an ephemeral stream, swale, gully, rill, or pool.

The waterways in question fall within the Chihuahua desert, which has a dry climate with only one rainy season in late summer.

Additionally, ground water is greater than 10ft at each location and all associated soils are considered well drained with low water holding capacity (Web Soil Survey 2020). Furthermore, there are no connecting springs that contribute flow to the waterways; and the watersheds receive no snowpack during the year. Given this data, the only flows that the waterway experiences are from precipitation events. Also, there is no riparian corridor within the waterways. All vegetation are upland species (a comprehensive list can be found in section C).

As such, the waterway crossings evaluated as part of this review are determined to be ephemeral stream channels.

See 2021-00059_playas attached 6.6 acre(s)

(b)(1) Lake/pond or impoundment that does not contribute surface water flow directly or indirectly to an (a)(1) water and is not inundated by flooding from an (a)(1)-(a)(3) water in a typical year.

The waterways in question fall within the Chihuahua desert, which has a dry climate with only one rainy season in late summer.

Additionally, ground water is greater than 10ft at each location and all associated soils are considered well drained with low water holding capacity (Web Soil Survey 2020). Furthermore, there are no connecting springs that contribute flow to the waterways; and the watersheds receive no snowpack during the year. Given this data, the only flows that the waterway experiences are from precipitation events. Also, there is no riparian corridor within the waterways. All vegetation are upland species (a comprehensive list can be found in section C).

As such, the waterway crossings evaluated as part of this review are determined to be ephemeral stream channels.

III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate.

4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.

5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.

U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

NAVIGABLE WATERS PROTECTION RULE Page 3 of 4 Form Version 9 June 2020 Information submitted by, or on behalf of, the applicant/consultant: Water Body Delineation ReportHoltec International This information is sufficient for purposes of this AJD.

Rationale: N/A Data sheets prepared by the Corps: Title(s) and/or date(s).

Photographs: Other: Water Body Delineation ReportHoltec International Corps site visit(s) conducted on: Date(s).

Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).

Antecedent Precipitation Tool: provide detailed discussion in Section III.B.

USDA NRCS Soil Survey: USDA, Web Soil Survey, Eddy County, New Mexico USFWS NWI maps: Title(s) and/or date(s).

USGS topographic maps: Title(s) and/or date(s).

Other data sources used to aid in this determination:

Data Source (select)

Name and/or date and other relevant information USGS Sources United States Geological Survey. 2018. National Hydrography Dataset.

Available online at: https://www.usgs.gov/core-science-systems/ngp/nationalhydrography/

national-hydrography-dataset. Accessed September 2018.

USDA Sources United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land Resource Regions and Major Land Resource Areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296.

NOAA Sources N/A.

USACE Sources United States Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0. ERDC/EL TR-08-28. Environmental Laboratory. United States Army Engineer Research and Development Center, Vicksburg, Mississippi.

Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Department of the Army, United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi.

State/Local/Tribal Sources N/A.

Other Sources A. Park Williams, Edward R. Cook, Jason E. Smerdon, Benjamin I. Cook, John T. Abatzoglou, Kasey Bolles, Seung H. Baek, Andrew M. Badger, Ben Livneh.

2018. Large Contribution from Anthropogenic Warming to an Wmerging North American Megadrought. Science. Vol. 368 Issue 6488. Pp. 314-318.

B. Typical year assessment(s): The antecedent precipitation tool was run across two dates 7/12/2018 (date of the aerial imagery) and 3/29/2021 (the date of evaluation by the USACE). The tool indicated that in 2018 the site was experiencing normal conditions, with precipitation falling between the 30th and 70th percentile of the 30-year rolling period. However, the tool indicated that during 2021 the site was experiencing a drier than normal year, with two out of the three data points falling below the 30th percentile. Subsequently, the drought index for 2020 indicated extreme drought conditions for the site. Based on this information, the evaluation of the review area was conducted during a drier than normal year within a 30-year rolling period.

U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)

NAVIGABLE WATERS PROTECTION RULE Page 4 of 4 Form Version 9 June 2020 A study by Columbia University notes that the American Southwest is experiencing a historic megadrought not seen in centuries. In fact, for several western states, including New Mexico and Texas, the last twenty years ranks as the second-driest period in the past 1,200 years (A. Park. Williams, 2018).

C. Additional comments to support AJD: The review area falls within the Chihuahua Desert, which has a dry climate with only one rainy season in the summer and smaller amounts of precipitation in early winter.

Most of the summer rains fall between late June and early October, during the North American Monsoon when moist air from the Gulf of Mexico penetrates into the region. Furthermore, it is considered a rain shadow desert because the two main mountain ranges covering the desert, the Sierra Madre Occidental to the west and the Sierra Madre Oriental to the east, block most moisture from the Pacific Ocean and the Gulf of Mexico respectively.

Temperatures in this area range from 35 to 40° Celcius (C) (95 to 104°Farenheit [F]); and the average annual temperature is 24° C (75° F). The mean annual precipitation is 235 millimeters (mm) (9.3 inches

[in]) with a range of approximately 150 to 400 mm (6 to16 in), and snowfall is minimal to non-existent. Soils are well drained and the water table exceeds 80 inches in depth.

Based on a review of aerial imagery and photographs of the proposed project site, the stream channels and under review do not currently exhibit any flow or ponding. Furthermore, there are no connecting springs that contribute flow to the waterways; and the watershed receives no snowpack during the year.

Based on soils data the water table is greater than 50 feet below the surface and does not rise up during the wet season and come in contact with the stream. Additionally, the stream channels lack a riparian corridor and vegetation is dominated by upland species Gutierrezia sarothrae (Broom Snakeweed),

Prosopis glandulosa (Honey Mesquite) and Larrea tridentata (Creosote Bush). Given this data, the only flows that the waterways experience are from precipitation events. As such, the waterways evaluated as part of this review is determined to be an ephemeral stream channels.

Based on a review of aerial imagery and photographs of the proposed project site, the playas under review also do not exhibit any ponding condtions. These playa are not connected to any downstream waterways and do not contribute surface water flow directly or indirectly to an a(1) water and do not inudate by flooding from an a(1)-a(3) water.

SPA-2021-00059 Waterways Waypoint Observation Water Status Latitude Longitude 1388 Western Watershed Lowland Ephemeral 32.578563

-103.728283 1391 Western Watershed Lowland Ephemeral 32.578908

-103.725032 1394 Western Watershed Lowland Ephemeral 32.578225

-103.721972 1396 Western Watershed Lowland Ephemeral 32.576914

-103.721554 1399 Western Waterdshed Lowland Ephemeral 32.574208

-103.722001 1401 Beginning of Western Watershed Ephemeral 32.572562

-103.721967 1403 Western Watershed Lowland Ephemeral 32.577400

-103.720014 1405 Western Watershed Lowland Ephemeral 32.576386

-103.718192 1407 Major Drainage into Western Watershed Ephemeral 32.578834

-103.719906 1411 Moderate Drainage into Western Watershed Ephemeral 32.580209

-103.72751 1414 Major Drainage into Western Watershed Ephemeral 32.580186

-103.724774 1415 Beginning of Western Watershed Ephemeral 32.575218

-103.723089 1419 Beginning of Western Watershed Ephemeral 32.574682

-103.717865 1421 Western Watershed Lowland Ephemeral 32.575687

-103.718912

SPA-2021-00059 Waterways 1423 Beginning of Western Watershed Ephemeral 32.576956

-103.716865 1424 Beginning of Western Watershed Ephemeral 32.576384

-103.716042 Waypoint Observation Water Status Latitude Longitude 1427 Beginning of Eastern Watershed Ephemeral 32.574215

-103.712651 1431 Beginning of Eastern Watershed Ephemeral 32.575911

-103.712361 1433 Eastern Watershed Lowland Ephemeral 32.575366

-103.710975 1437 Lowland Water Body Intermittent 32.575477

-103.706772 1438 Beginning of Eastern Watershed Ephemeral 32.572806

-103.709168 1440 Eastern Watershed Lowland Ephemeral 32.574711

-103.709319 1446 Beginning of Man-Made Drainage Ephemeral 32.578985

-103.705125 1447 Beginning of Man-Made Drainage Ephemeral 32.578007

-103.703512

SPA-2021-00059 Waterways Waypoint Observation Water Status Latitude Longitude 1442 Moderate Drainage into Laguna Gatuna Ephemeral 32.576864

-103.703088 1444 Beginning of Drainage into Laguna Gatuna Ephemeral 32.578927

-103.706472 1448 Moderate Drainage into Laguna Gatuna Ephemeral 32.572983

-103.703727 1450 Beginning of Drainage into Laguna Gatuna Ephemeral 32.572305

-103.703429

SPA-2021-00059 Playas Waypoint Observation Water Status Latitude Longitude 1386 Playa Ephemeral 32.572469

-103.72701 1387 Playa Ephemeral 32.574356

-103.725676 1416 Playa Ephemeral 32.572875

-103.716283 1417 Playa Ephemeral

-103.717783

-103.717783 1425 Playa Ephemeral 32.574402

-103.716075 1428 Playa Ephemeral 32.576954

-103.714705 1429 Man-Made Water Point Perennial 32.577138

-103.712915 1430 Playa Ephemeral 32.578227

-103.713286

3 Figure 2: Watershed Overview Map of the Proposed Project.

5 Figure 3: Western Watershed Map.

15 Figure 20: Playas and Man-Made Water Point Map.

21 Figure 29: Eastern Watershed and Man-Made Watershed Map.