SUBJECT: The U.S. Army Corps of Engineers, Albuquerque District, (Corps) and the New Mexico Environment Department’s Surface Water Quality Bureau (SWQB) are evaluating an application for the New Mexico Interstate Stream Commission (NMISC) Priority I Habitat Restoration Project, located in the City of Albuquerque, Bernalillo County, New Mexico, which would result in impacts to approximately 38.9 acres of waters of the United States and/or navigable waters of the United States in or adjacent to Rio Grande River. This notice is to inform interested parties of the proposed activity and to solicit comments.
AUTHORITY: This application is being evaluated under Sections 404 and 401 of the Clean Water Act (CWA) for the discharge of dredged or fill material in waters of the United States (U.S.). State water quality certification is provided under the authority of 20.6.2 New Mexico Administrative Code.
APPLICANT: New Mexico Interstate Stream Commission
Attn: Grace Haggerty
5550 San Antonio Dr NE
Albuquerque, NM 87109
AGENT: SWCA Environmental Consultants
Attn: Andrew Spear
130 Rock Point Dr. Ste. A
Durango, CO 81301
LOCATION: The project site is located on or near the Rio Grande, in Section 32, Township 10 N, Range 3 E; in the City of Albuquerque, Bernalillo County, New Mexico. The approximate central coordinates of the project are latitude35.084858°, longitude -106.675466°.
PROPOSED ACTIVITY: The applicant proposes implementing habitat restoration activities at 21 sites within the Middle Rio Grande (Priority I project). The overall purpose of the proposed action is to restore aquatic, riparian, wetland, and floodplain habitat and improve hydrologic connectivity within the project reach. The project is intended to improve the quality of floodplain and low-velocity aquatic habitats that support the Rio Grande silvery minnow (RGSM) (Hybognathus amarus) and other riparian-dependent species, and to enhance ecological function within the Middle Rio Grande system. The applicant has identified a need to address continued channel simplification, floodplain disconnection, and associated reductions in habitat quality and hydraulic complexity within the project reach.
Proposed restoration activities include bankline modification, island destabilization, construction of flow-through and backwater channels, confluence maintenance at existing side channel inlets, removal of non-essential jetty jack structures, placement of large woody debris (LWD) to enhance aquatic habitat, and removal of nonnative vegetation. Restoration activities would occur within approximately 58.5 acres, including excavation of up to approximately 54,050 cubic yards of sediment and vegetation within approximately 38.9 acres of the Rio Grande channel and adjacent wetlands that are considered potentially jurisdictional waters of the United States (WOTUS). Excavated material would be placed in upland disposal areas or beneficially reused within the project area.
Vegetation removal would occur within the restoration footprint to achieve design grades and construct restoration features. Existing vegetation is primarily composed of nonnative invasive species, including salt cedar (Tamarix ramosissima), Russian olive (Elaeagnus angustifolia), Siberian elm (Ulmus pumila), and Ravenna grass (Saccharum ravennae). Vegetation removal would be conducted primarily using mechanical methods associated with grading and excavation. Areas containing mature native cottonwood (Populus spp.) and willow (Salix spp.) would be avoided to the extent practicable. Native riparian vegetation is expected to reestablish following construction through natural recruitment, with supplemental revegetation and invasive species management implemented as needed.
One project component includes the placement of LWD within or adjacent to potentially jurisdictional aquatic resources at up to 10 restoration sites. LWD would consist of root wads, whole trees, and large branches placed along banks or within the active channel to enhance habitat complexity. LWD would be partially embedded, with approximately one-quarter to one-third of each structure buried and anchored in place to improve stability and reduce the potential for downstream movement. Placement would be designed to avoid existing infrastructure, including diversion structures, bridges, and gaging stations, and would be implemented in coordination with relevant agencies.
Construction would include use and modification of existing access roads, limited construction of new access routes, development of spoil placement areas, and establishment of temporary staging areas. Tracked construction equipment would access the project area via an existing access gate southeast of the Rio Bravo Boulevard bridge and would utilize existing Middle Rio Grande Conservancy District (MRGCD) access roads.
Construction activities for the Priority I project are anticipated to occur during late fall 2026 through winter 2026–2027 and would require approximately 30 to 60 days to complete. Work would be sequenced to include installation of temporary erosion and sediment control measures, clearing and grubbing, demolition of existing in-channel structures (e.g., jetty jacks), excavation and material handling, construction of restoration features, installation of permanent erosion control measures, revegetation, and post-construction stabilization. Bankline and backwater channel construction would be implemented in approximately 250-foot segments prior to progressing downstream or upstream. Where applicable, a permeable barrier would be used during construction to reduce localized impacts to aquatic species and water quality.
Post-construction maintenance activities are proposed within designated channel maintenance zones (CMZs) located at select inlets, outlets, and areas prone to sediment deposition. Maintenance may include limited sediment removal and vegetation management to maintain hydrologic connectivity and function of restoration features. Maintenance activities would be limited in scope and are expected to affect only a small portion of the overall project area.
Post-construction vegetation management may include control of nonnative invasive species through mechanical removal, mowing, herbicide application, or other approved methods, as needed based on monitoring results. These activities would generally be conducted outside of sensitive wildlife breeding periods to the extent practicable. Monitoring would guide adaptive management to support establishment and persistence of native riparian vegetation.
The attached plans and maps provide additional details regarding project design and construction areas.
SECTION 408 REVIEW: The project has the potential to impact the Middle Rio Grande Levee System, which was constructed by the U.S. Army Corps of Engineers. All Priority I sites occur on lands owned in fee simple by the MRGCD. These lands are within the Rio Grande Valley State Park corridor and are managed cooperatively by the City of Albuquerque Open Space Division and the MRGCD, pursuant to a Joint Powers Agreement. The Priority I area includes two restoration sites where segments of non-essential jetty jack lines are proposed for removal, as well as proposed locations where spoil materials will be placed on levees. These actions were identified as triggers for
Section 408 review.
PROPOSED MITIGATION: Mitigation is an important part of the U.S. Army Corps of Engineers permitting process. Mitigation is sequential and includes avoidance, minimization, and compensation for unavoidable adverse impacts to aquatic resources. A detailed mitigation plan is not required for issuance of a public notice, but all three aspects of mitigation must be adequately addressed prior to any Corps permit decision.
The applicant has identified measures intended to avoid and minimize impacts associated with the proposed project. These measures include, but are not limited to, limiting construction disturbance and impacts to targeted restoration areas, avoiding mature native riparian vegetation where practicable, and using existing access routes to reduce disturbance. Additional mitigation measures, monitoring, and maintenance commitments are described in the restoration plan and permit application materials submitted to the Corps.
The Corps will continue to evaluate the adequacy of the applicant’s proposed avoidance, minimization, and compensatory mitigation measures during the permit review process. Additional information or modifications to the mitigation proposal may be requested as necessary to ensure compliance with applicable regulatory requirements and to appropriately offset unavoidable impacts on aquatic resources. Issuance of this public notice does not imply that the Corps has made any determination regarding the adequacy of the proposed mitigation or that a permit decision has been made.
HISTORIC PROPERTIES: The Bureau of Reclamation is the designated lead federal agency for compliance with Section 106 of the National Historic Preservation Act (NHPA), and the U.S. Army Corps of Engineers (USACE) is serving as a cooperating agency. Cultural resources surveys were conducted within the project area, and Reclamation conducted consultation with the New Mexico State Historic Preservation Office (SHPO). Reclamation determined that the proposed undertaking would result in no adverse effect to identified historic properties. SHPO concurrence with Reclamation’s determinations of eligibility and findings of effect was received on May 19, 2025. In its role as a cooperating agency, USACE is relying upon and adopting Reclamation’s findings to satisfy its compliance responsibilities under Section 106 of the NHPA.
ENDANGERED SPECIES: The Bureau of Reclamation is the lead federal agency for compliance with Section 7 of the Endangered Species Act (ESA), and the USACE is serving as a cooperating agency. The project area contains habitat and/or suitable habitat for federally listed species, including the Rio Grande silvery minnow (RGSM) (Hybognathus amarus), Southwestern Willow Flycatcher (Empidonax traillii extimus), and Yellow-billed Cuckoo (Coccyzus americanus). Consultation for Middle Rio Grande activities was addressed through the Final Biological and Conference Opinion for Bureau of Reclamation, Bureau of Indian Affairs, and Non-Federal Water Management and Maintenance Activities on the Middle Rio Grande, New Mexico (Consultation Number 02ENNM00-2013-F-0033), issued on December 2, 2016. The proposed restoration activities are covered under this Biological Opinion, and the U.S. Fish and Wildlife Service issued a Letter of Inclusion for the proposed project on September 12, 2025. USACE is relying upon this consultation framework to satisfy its responsibilities under Section 7 of the ESA.
NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The application is also being evaluated for possible Section 408 impacts. 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.
WATER QUALITY CERTIFICATION: Pursuant to Section 401 of the Clean Water Act (33 U.S.C. § 1341), the U.S. Army Corps of Engineers (Corps) cannot issue a Department of the Army permit for activities that may result in a discharge into waters of the United States until water quality certification has been granted, certifying compliance with applicable water quality requirements, or the certification requirement has been waived.
SWQB is the certifying authority responsible for making the Section 401 Water Quality Certification (WQC) decision for this proposal. Based on the information currently available, the proposed activity requires an Individual Section 401 Water Quality Certification from SWQB.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the USACE jurisdiction has not been verified by USACE personnel.
ADDITIONAL INFORMATION:
ENVIRONMENTAL SETTING: There are approximately 36.4 acres of emergent wetlands that are waters of the U.S. within the proposed project area and/or there are approximately 2.6 acres perennial streams that are waters of the U.S. within the proposed project area. The project area is located within the Rio Grande floodplain, this portion of the Rio Grande occurs within the Middle Rio Grande Valley and consists of a highly managed river system influenced by upstream water operations, flood control infrastructure, and historical channel modifications.
The project area is situated within the Rio Grande bosque ecosystem, which generally consists of riparian and floodplain habitats associated with the river corridor. Vegetation within the bosque commonly includes native and non-native riparian species such as Rio Grande cottonwood, willow, salt cedar, Russian olive, and other upland and wetland-associated vegetation communities. Habitat types within the project vicinity may include the active river channel, riverbanks, side channels, backwater areas, overbank areas, wetlands, and adjacent upland habitat.
Hydrological conditions within this reach of the Rio Grande are variable and may be influenced by seasonal runoff, irrigation operations, reservoir releases, and flood-control management. Aquatic and riparian resources within the area provide habitat for a variety of wildlife species and ecological functions including flood conveyance, sediment transport, water quality functions, and habitat connectivity.
Surrounding land uses within this reach of the Rio Grande include urban development, transportation infrastructure, recreational areas, and managed open space. The environmental review conducted by the Corps will further evaluate existing site conditions and potential effects to aquatic resources and other public interest factors associated with the proposed activity.
ALTERNATIVES: Alternatives to the proposed project are analyzed to identify the least environmentally damaging practicable alternative that meets the applicant’s project purpose and need. Practicability is based on cost, logistics, and technology. All project alternatives, including those which may be less damaging to the aquatic environment, will be considered. The applicant has provided information concerning project alternatives. Alternatives proposed by the applicant include:
Alternative A – No Action: Under this alternative, no restoration activities would occur, and existing channel, floodplain, and vegetation conditions would remain unchanged. Hydrologic connectivity between the Rio Grande and adjacent floodplain areas would likely remain limited, and aquatic and riparian habitat conditions would continue to degrade over time.
Alternative B – Proposed Action: The applicant proposes to implement habitat restoration activities at 21 sites. Restoration activities would include bankline modifications, construction of backwater and flow-through channels, island destabilization, removal of jetty jacks, placement of large woody debris, and removal of nonnative invasive vegetation. These actions are intended to improve hydrologic connectivity between the Rio Grande and adjacent floodplain areas and enhance aquatic and riparian habitat conditions for the Rio Grande silvery minnow and other riparian species. Construction of these features would require excavation and vegetation removal within portions of WOTUS.
Alternative C – Previous Restoration Designs: This alternative would reconstruct or maintain previously constructed restoration features, rather than implement the updated restoration design. Although this alternative would reduce construction disturbance and impacts to WOTUS, it would provide fewer ecological improvements because earlier restoration designs do not reflect current geomorphic and hydraulic conditions within the reach.
Alternative D – Nonnative Vegetation Removal Only: Under this alternative, restoration activities would be limited to removal and management of nonnative invasive vegetation within the riparian corridor. While this approach could improve vegetation composition, it would not address geomorphic and hydrologic conditions limiting floodplain connectivity and aquatic habitat availability.
Alternative E – Alternative Restoration Locations: Other potential restoration locations were considered but were not selected because site conditions at those locations were not expected to provide meaningful improvements in floodplain connectivity or aquatic habitat.
Alternative F – Reduced Restoration Footprint: This alternative would remove several of the largest restoration sites from the proposed design to reduce impacts to wetlands and other waters. While this would reduce temporary disturbance, it would substantially limit the project’s ability to restore floodplain connectivity, enhance wetlands, and improve aquatic habitat conditions.
Other alternatives may develop during the review process for this permit application.
SECTION 404 EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. 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 described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).
SECTION 408 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 Federal 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.
FLOODPLAIN MANAGEMENT: The Corps is sending a copy of this public notice to the local floodplain administrator. In accordance with 44 CFR part 60 (Flood Plain Management Regulations Criteria for Land Management and Use), the floodplain administrators of participating communities are required to review all proposed development to determine if a floodplain development permit is required and maintain records of such review.
COMMENT SUBMITTAL AND DEADLINES: The Corps and SWQB are soliciting comments from all interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered to determine whether to issue, issue with special conditions, or deny a permit for this proposal.
SUBMITTAL OF CORPS PERMIT APPLICATION COMMENTS: All comments regarding the Corps permit application for the above-described project must be received on or before July 27, 2026, which is the close of the comment period. Comments on state Section 401 certification must be submitted as described below under “Water Quality Certification Comments”. Extensions of the comment period may be granted for valid reasons provided a written request is received by the limiting date. If no comments are received by that date, it will be considered that there are no objections. Anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state the particular reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location.
Comments and requests for additional information on the Corps permitting action should be submitted via email to Mr. Forrest Luna at Forrest.Luna@usace.army.mil or via land mail to:
US Army Corps of Engineers, Albuquerque District
Regulatory Division
Attn: Forrest Luna, Project Manager
4101 Jefferson Plaza NE
Albuquerque, NM 87109-3435
Submittal of Water Quality Certification Comments: This notice serves to notify the public that the SWQB will consider issuing a certification under Section 401 of the CWA. The purpose of such certification is to reasonably ensure that the permitted activities will be conducted in a manner compliant with applicable New Mexico water quality standards, including the antidegradation policy, and the statewide water quality management plan. This Notice, including notice of the 30-day public comment period, is also posted on the SWQB website at: https://www.env.nm.gov/surface-water-quality/public-notices/
SWQB will accept and consider written comments regarding the state certification received during the public comment period. Comments may be submitted electronically or by hard copy to:
New Mexico Environment Department SWQB
Attn: Watershed Protection Program Manager
P.O. Box 5469
Santa Fe, NM 87502-5469
Public Comment Portal: https://nmed.commentinput.com/
E-mail: alan.klatt@env.nm.gov
Please note that names and addresses of those who submit comments in response to this public notice may be made publicly available through the Freedom of Information Act, the New Mexico Inspection of Public Records Act, or both.
DISTRICT ENGINEER
ALBUQUERQUE DISTRICT
CORPS OF ENGINEERS
IMPLEMENTATYION AND RESTORATION TEAM LEADER
SURFACE WATER QUALITY BUREAU
NEW MEXICO ENVIRONMENT DEPT