PUBLIC NOTICE: REQUEST FOR PERMISSION TO ALTER A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408
TITLE: NM 500 Rio Bravo Bridge Replacement (408 SPA-2024-007)
PUBLIC NOTICE COMMENT PERIOD:
Begins: April 14, 2025
Ends: May 14, 2025
REQUESTER: In compliance with U.S.C. Title 33, Chapter 9, Subchapter 1, Section 408, the New Mexico Department of Transportation (requester) has requested permission through the Middle Rio Grande Conservancy District (non-federal sponsor of the federally authorized project) from the U.S. Army Corps of Engineers (USACE) to alter the Albuquerque Main NDC Left Levee and the Albuquerque Main NDC Right Levee project, which are federal flood risk management projects, authorized by the Water Resources Development Act of 1986.
LOCATION: The NM 500 Rio Bravo Bridge Replacement project is located in Bernalillo County, New Mexico, just outside the city limits of Albuquerque, along Rio Bravo Boulevard/NM 500, between Isleta Boulevard and 2nd Street, from milepost (MP) 9.05 to MP 10.32, at approximately Latitude 35.02859456°, Longitude -106.674476568°.
REQUESTER’S PROPOSED ACTON: The purpose of the NM 500 Rio Bravo Bridge Replacement project is to replace four aging bridges along a critical east-west route in the Albuquerque South Valley with four new bridge structures over the Rio Grande and the Albuquerque Drain east of the river. The project site includes NM 500, the two bridges carrying Rio Bravo Boulevard over the Rio Grande (Bridges 6224 and 8568), the two bridges carrying Rio Bravo Boulevard over the Middle Rio Grande Conservancy District (MRGCD) Albuquerque Riverside Drain (Bridges 6225 and 8569) east of the Rio Grande, local roads east of the Rio Grande, and MRGCD irrigation channel culverts. The new bridges will address structural deficiencies of the existing bridges while also reducing the burden on maintenance costs, congestion and improving multi-modal connectivity. The project also includes roadway reconstruction, widening, signalization, drainage improvements, street lighting, multi-modal improvements, and recontouring an existing boat ramp.
ENVIRONMENTAL IMPACTS AND PROJECT DESCRIPTION OF PROPOSED ACTION:
The proposed bridge replacement will consist of demolition of the existing bridges (including removal of existing piers), and installation of the new bridges north of the existing bridge alignment (including installation of new piers). The project will occur in two phases: 1) building and demolishing the northern bridge, and 2) building and demolishing the southern bridge. Mats will be placed in the river for heavy machinery use and water will be diverted around the construction and demolition areas on the eastern, then western, half of the river. Water will continue to flow through the project site on one side of the active channel for the duration of the project. Hydraulic modeling conducted for the project indicated the diversion structure will maintain normal downstream flows and minimize flooding to the maximum extent practicable. The diversion structure will result in temporarily impacting approximately 0.10 acre of the Rio Grande. The new bridges over the Rio Grande will have a centerline aligned 45 feet north of the existing bridges centerline. The new bridges will consist of 13 overhead spans with fewer piers (3 piers) within the Rio Grande than the existing bridges (7 piers) and will result in a total of 0.0055 acre of permanent impacts to the Rio Grande. In addition, the removal of the existing bridges will result in a total of 0.077 acre of dredging within the Rio Grande. The reconstruction of the existing boat ramp will result in a total impact of 0.014 acre of the Rio Grande.
Additional work beyond the Rio Grande is described below:
- Work at Atrisco Riverside Drain includes replacing the existing pipe culvert with a 6-inch larger diameter pipe, reinforcing the canal inlet and outlet with concrete lining, and adding new concrete end-section headwalls.
- Work at Rancho de Atrisco Ditch, also known as the Armijo Acequia, includes replacing the existing concrete pipe culvert with a 6-inch larger diameter pipe and replacing the existing inlet and outlet headwalls and upstream trash grate
- Work at Albuquerque Riverside Drain includes replacing the existing section of open concrete channel, extending the northern section to the new connection with Poco Loco Road crossing over the canal, and replacing the pipe crossing under Poco Loco Road and Dean Drive at the southern end of the open channel. The existing inlet and outlet headwalls would also be replaced.
- Work at Barr Main Canal includes replacing the existing concrete pipe culvert with a 6-inch larger diameter pipe and adding inlet and outlet headwalls for slope and erosion protection.
- Work at a lateral of the Barr Canal includes backfilling the ditch to construct a retention pond backslope and tie into the existing surface grade.
Section 7 of the Endangered Species Act
To comply with Section 7 of the Endangered Species Act (ESA), the Federal Highway Administration (FHWA), who is the lead Federal agency for the project, initiated consultation with the United States Fish and Wildlife Service (USFWS) under Section 7 of the ESA for effects to federally listed species, including the endangered southwestern willow flycatcher (Empidonax traillii extimus), the endangered Rio Grande silvery minnow (Hybognathus amarus), and the threatened western yellow-billed cuckoo (Coccyzus americanus). The USFWS issued a Biological Opinion on June 2, 2024, determining that the proposed project will not jeopardize the silvery minnow, the flycatcher, or the cuckoo.
Section 106 of the National Historic Preservation Act
Potentially eligible cultural resources may be affected by the proposed project. FHWA initiated consultation with the State Historic Preservation Officer.
AUTHORITY: The authority to grant permission for temporary or permanent use, occupation or alteration of any USACE civil works project is contained in Section 14 of the Rivers and Harbors Act of 1899, as amended, codified at 33 U.S.C. 408 (“Section 408”). Section 408 authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers, to grant permission for the alteration or occupation or use of a USACE project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project. The Secretary of Army’s authority under Section 408 has been delegated to the USACE, Chief of Engineers. The USACE Chief of Engineers has further delegated the authority to the USACE, Directorate of Civil Works and Division and District Engineers, depending upon the nature of the activity.
LIMITS OF SECTION 408 AUTHORITY: A requester has the responsibility to acquire all other permissions or authorizations required by federal, state, and local laws or regulations, including any required permits from the USACE Regulatory Program under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. Section 1344). In addition, an approval under Section 408 does not grant any property rights or exclusive privileges nor does it authorize any injury to the property or rights of others.
EVALUATION FACTORS: The decision whether to grant the requested permission for project alteration under Section 408 will be based on several factors. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. Review of requests for alteration will be reviewed by a USACE technical review team considering the following factors:
1) Impair the Usefulness of the Project Determination. The review team will determine if the proposed alteration would limit the ability of the USACE project to function as authorized, or would compromise or change any authorized project conditions, purposes or outputs. In order for an alteration to be approved, the requester must demonstrate that the alteration does not impair the usefulness of the federally authorized project.
2) Injurious to the Public Interest Determination. Proposed alterations will be reviewed to determine the probable impacts, including cumulative impacts, on the public interest. Factors that may be relevant to the public interest evaluation depend upon the type of USACE project being altered and the nature of the proposed alteration and may include, but are not limited to, such things as conservation, economic development, historic properties, cultural resources, environmental impacts, water supply, water quality, flood hazards, floodplains, residual risk, induced damages, navigation, shore erosion or accretion, and recreation. This evaluation will consider information received from the interested parties, including tribes, agencies, and the public. The benefits that reasonably may be expected to accrue from the proposal must be compared against its reasonably foreseeable detriments. The decision whether to approve an alteration will be determined by the consideration of whether benefits are commensurate with risks and by the net impact of the alteration on the public interest using the public interest factors.
3) Environmental Compliance. A decision on a Section 408 request is a federal action, and therefore subject to the National Environmental Policy Act (NEPA) and other environmental compliance requirements. While USACE is responsible for ensuring environmental compliance, the requester is responsible for providing all information that the Albuquerque District identifies as necessary to satisfy all applicable federal laws, executive orders, regulations, policies, and procedures. NEPA and other analysis completed to comply with other environmental statutes (e.g. Endangered Species Act) should be commensurate with the scale and potential effects of the activity that would alter the USACE project. The Albuquerque District will work with the requester to determine the requirements, which will be scaled to the likely impacts of the proposed alteration and should convey the relevant considerations and impacts in a concise and effective manner.
PUBLIC INVOLVEMENT: The purpose of this notice is to solicit comments from the public; federal, state, and local agencies and officials; tribes; and other interested parties regarding the NM 500 Rio Bravo Bridge Replacement Project, a proposed alteration to a proposed federally authorized project. Comments received within 30 days of publication of this notice will be used in the evaluation of potential impacts of the proposed action on important resources and in the evaluation of whether the proposed alteration would be injurious to the public interest and/or would impair the usefulness of the authorized project. Only the specific activities that have the potential to occupy, use or alter the Albuquerque Main NDC Left Levee and the Albuquerque Main NDC Right Levee will be evaluated. Please limit comments to the area of the alteration and those adjacent areas that would be directly or indirectly affected by the alteration to the Albuquerque Main NDC Left Levee and the Albuquerque Main NDC Right Levee. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act.
SUBMITTING COMMENTS: Written comments, referencing Identification Number 408 SPA-2024-007 must be submitted to the office listed below on or before May 14, 2025.
Brad Crosson, Section 408 Coordinator, Regulatory Division, Albuquerque District
Email: CESPA-408@usace.army.mil
Attachments:
1) Proposed project location map
2) Approximate project footprint map