FVV2500340967 NAGEEZI UNIT M35 AST PAD @ L-03-23N-09W 0N 0E

CommentsThere is one mapped USGS blue line drainage within 200 feet of the staging pad area as seen in Exhibit E Map 2. DJR contracted Barr Engineering Co. (Barr) in December of 2024 to assess all surrounding drainages per 19.15.34.11 A.(2) NMAC. In the report provided to DJR, Barr Summarized the following. This report is attached hereto as Exhibit F: The aquatic resources delineation survey was conducted on December 9, 2024, by Barr biologists John Dodge and Olivia Sheldon. The field survey verified the absence of any wetlands or other surface water features in the survey area. One NHD-mapped flowline was field-verified as an ephemeral channel lacking surface flow, hydrophytic plant species, aquatic invertebrates, algal cover, and fish. Ephemeral channels are not considered WOTUS. The SDAM datasheets for two locations on the channel are in Attachment C. Based on the regulatory framework (Section 1), evaluation of the survey area, and the USACE Albuquerque District’s current policies regarding jurisdictional determinations, it is Barr’s professional opinion that under the current CWA rule, there are no features present in the survey area that would be considered jurisdictional WOTUS. Ephemeral channels, as observed in the survey area, are excluded from WOTUS jurisdiction (40 Code of Federal Regulations 120.2(b)(8)). Pursuant to 19.15.34 NMAC, no continuously flowing or significant watercourses were observed within 200 feet of the Nageezi B02 AST pad. No FEMA 100-year flood zones are