NV5 prepared a critical analysis that discussed key environmental issues that could affect development and permitting of a solar facility. The critical analysis consisted of a site analysis and permitting evaluation. The analysis covered the following topics: public lands and conservation easements; cultural resources; potential clean water act permitting requirements for waterways and wetlands; Federal Emergency Management Agency flood zones; vegetation and land use; soils; the presence of karst topography; potential for rare, threatened, or endangered species to occur within the project areas; and potential nesting areas for migratory birds. Cultural resources analysis included state site records search, General Land Office plat search, land patents, cemeteries, and Native American Tribes. The permitting evaluation reviewed potential permit requirements at the federal, state, county, and Navajo Nation level. Federal permitting focused on the Clean Water Act (primarily Sections 401 and 404), Endangered Species Act (primarily Section 7), Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and National Historic Preservation Act (primarily Section 106). State permitting focused on New Mexico Environment Department and New Mexico Game and Fish Department regulations.
