BDD Construction
Other Permits
Every aspect of the Buckman Direct Diversion (BDD) project comes with its own permitting process. It’s a mountain of research, communication and paperwork designed to ensure that people, animals, plants, air, water and quality of life are protected now and in the future.
Permits Already Obtained
2008 – Environmental Protection Agency Sediment Discharge Permit – Allows the Buckman Direct Diversion (BDD) to return to the Rio Grande some of the water it diverts as well as most of the larger sediment particles in the diverted water. For a copy of the permit, click here. For comments the EPA received on the draft permit, click here. For the New Mexico Environment Department’s certification of the permit, click here. For a copy of the news release on this permit, click here.
January 2008 - NM Department of Transportation Permit to Install Utility Facilities within Public Right of Way – Required for any construction activities within the Department of Transportation (DOT) Right of Way (ROW). The DOT environmental clearance for the ROW was issued January 31, 2008.
Originally Granted 2006 and Extended Through 2008 - NM Environment Department Field Operations Division, Liquid Waste Permit and Groundwater Quality Bureau Pollution Prevention Section Notice of Intent Form – Required to construct septic systems at the BDD Booster Station and City/County Water Treatment Plant.
November 2007 - NM Department of Cultural Affairs, National Historic Preservation Act, Section 106, and Compliance – Signifies that no land will be distributed in areas where cultural sites are present. A final report was submitted to the Society of Historical Preservation Office (SHPO) in September 2007 and SPHO concurrence was issued in November.
June 2007 - U.S. Army Corps of Engineers Permit for Diversion (Intake) Structure, River and Arroyo Crossings – Allows for construction of diversion structures and pipelines that cross arroyos. It also requires a NM Environment Department (NMED) certification of permit.
May 2007 - NM Environment Department Surface Water Quality Bureau, U.S. Army Corps of Engineers Dredge and Fill – Required to obtain Section 104 Dredge and Fill permit and must be in place for any activities that disturb the land.
March 2007 - NM Environment Department Air Quality Bureau – Required for operations of emergency generators. Notice of Intent (NOI) completed March 22, 2007 – considered complete.
November 2006 – Office of the State Engineer – Permit to divert San Juan-Chama water was granted to the City of Santa Fe and Santa Fe County. For a copy of the permit, click here.
Permits in Progress
Office of the State Engineer Permit to Divert Surface Waters and Permit to Change Place, Purpose of Use, and Point of Diversion for Native Waters – Required for the BDD to divert water and operate. Permit for City of Santa Fe to divert San Juan Chama Project water has been issued.
NM State Land Office Application for Right of Way Easement -- Required before construction can begin on State Land Office land. Application has been submitted and negotiation on fees is ongoing.
Easements through Private Property– Required for construction on private property. Santa Fe County received the plats for private properties in April 2007. Negotiations are underway.
U.S. Bureau of Land Management and U.S. Forest Service Right of Way, Temporary Use and Special Use – Required before any BLM or USFS land can be disturbed. Draft permit application has been completed; awaiting survey data.
U.S. Bureau of Land Management Plan of Development and U.S. Forest Service Operations Report – Required as part of the U.S. BLM and USFS permit applications and must be in place before BLM or USFS land is disturbed.
Permits – Responsibility of Design Build (DB) Contractor
U.S. Forest Service Native Plant Revegetation Mitigation Program and Habitat Loss Mitigation – Required as part of the permit application and must be in place before any activities disturb USFS or BLM land.
NM Environment Department Construction Programs Bureau – Must have approval for the project to receive funding.
New Mexico Finance Authority Application for Funding, Plan Review and Approval – Must have approval for the project to receive funding.
U.S. Environmental Protection Agency Notice of Intent and Notice of Termination to Comply with NPDES Permit; U.S. Environmental Protection Agency Storm Water Pollution Prevention Plan; and NM Environment Department Certification of NPDES Permit – Required for any activities that disturb land. A SWPPP (Storm Water Pollution Prevention Plan) must be prepared and maintained, but not submitted, by the DB Contractor.
NM Construction Industries Division Approval for Construction – Approval of plans is required before construction of buildings can occur.
NM Environment Department Drinking Water Bureau Approval of Construction or Modification of Existing Public Water Supply System – Plans must be initiated by the DB contractor and must be approved prior to construction pf the BDD.
Santa Fe County Land Use Department, Development Permit Application – Required before construction on County land.
City of Santa Fe Development Permit – Required before construction on City land.
Santa Fe County Public Works Department Application for Right of Way – Required for construction along Caja del Rio Road.
U.S. Bureau of Land Management and U.S. Forest Service Visual Management Objectives – Required before any BLM or USFS land is disturbed.
Bureau of Land Management and U.S. Forest Service Invasive Plant Species Mitigation – Required before any BLM or USFS land is disturbed. The DB Contractor will complete the plan during the first 30 days of the contract in 2008.
Bureau of Land Management and U.S. Forest Service Soil Protection Mitigation Techniques - Required before any BLM or USFS land is disturbed.
U.S. Fish & Wildlife Service, NM Department of Game & Fish, and NM State Forestry Division Endangered Species Act and Regulations Concerning Special Status Species and Migratory Birds – Required as part of the US Bureau of Land Management and US Forest Service permit before any BLM or USFS land is disturbed.
NM Environment Department, Surface Water Quality Bureau, NPDES Storm Water Certification – Required to obtain NPDES Storm Water permit; must be in place for any activities that disturb the land.
City of Santa Fe Noise Constraints and Stipulations – DB contractor must comply during construction of the BDD.