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¶The U.S. Fish and Wildlife Service is reviewing a Habitat Conservation Plan (HCP) and draft Environmental Assessment submitted by NextEra Energy Transmission Southwest, LLC for the Crossroads-Hobbs-Roadrunner Transmission Project, a 137-mile, 277-acre transmission line crossing Roosevelt and Lea Counties, New Mexico. The project requires an Incidental Take Permit under ESA Section 10 because construction would disturb habitat occupied by the dunes sagebrush lizard, listed as endangered in May 2024. Seven comments were submitted by a mix of individuals, a state wildlife agency, an agricultural organization, and anonymous parties. The dominant concern is whether the HCP adequately protects the dunes sagebrush lizard, with specific technical objections to the alternatives analysis, the 60-year permit duration, and reports of construction already occurring without a permit. Agricultural landowners raise a secondary concern about how Land Use Restrictions or Conditions (LURCs) could affect grazing capacity and property rights.
Notice of Availability; Crossroads-Hobbs-Roadrunner Transmission Project Habitat Conservation Plan and Draft Environmental Assessment; Roosevelt and Lea Counties, New Mexico
The U.S. Fish and Wildlife Service published a Notice of Availability for the Crossroads-Hobbs-Roadrunner Transmission Project Dunes Sagebrush Lizard Habitat Conservation Plan (CTHCP) and an associated draft Environmental Assessment. Applicant Nextera Energy Transmission Southwest, LLC proposes to build 137 miles of 345-kV transmission line connecting the Crossroads, Hobbs, and Roadrunner substations in Roosevelt and Lea Counties, New Mexico. The draft EA evaluates two alternatives: issuing an ESA section 10(a)(1)(B) incidental take permit supported by the CTHCP, or no action. The CTHCP would affect 277 acres of dunes sagebrush lizard habitat and mitigate impacts through conservation easements on up to 6,000 acres of private land. Comments are due December 31, 2025.
Commenters argue the HCP presents only a proposed action and no-action alternative, failing ESA Section 10(a)(2)(A) requirements to evaluate practicable routing alternatives that could reduce take of dunes sagebrush lizard habitat.
"The HCP presents only two alternatives: the proposed action and the no-action scenario...this simplistic either-or approach does not satisfy ESA Section 10(a)(2)(A), which requires applicants to evaluate practicable alternatives that would reduce take."
Representative quote, cluster 01
One commenter reports that ground-disturbing construction has already been observed in Roosevelt County despite no Incidental Take Permit having been issued, raising concerns about unauthorized take of dunes sagebrush lizard.
"Construction activities have been observed in Roosevelt County associated with this project, despite no Incidental Take Permit for the dunes sagebrush lizard having been issued under ESA Section 10."
Representative quote, cluster 02
Commenters argue the HCP and EA do not demonstrate that impacts and mitigation effectiveness have been analyzed across the full 60-year permit term, making the long duration unjustified.
"If the applicant is requesting a 60-year permit, the HCP must demonstrate that impacts and mitigation effectiveness are analyzed and supported across the full 60-year period. Neither the plan nor the environmental assessment does so."
Representative quote, cluster 03
Individual commenters express concern about harm to the dunes sagebrush lizard, citing its 2024 endangered listing, habitat fragmentation from oil and gas infrastructure, and the species' ecological role.
"Over 40 species of lizards are listed globally as threatened or endangered under the Endangered Species Act, with nine listed in the U.S. This includes the unique dunes sagebrush lizard, which was listed as endangered in May 2024."
Representative quote, cluster 04
The New Mexico Farm and Livestock Bureau raises questions about whether LURCs will affect grazing carrying capacity, private property rights, and how multiple overlapping conservation plans affect agricultural operators.
"While the agricultural values and compatible uses such as grazing are ensured protection under a LURC, will the carrying capacity of the land be affected by the CTHCP?"
Representative quote, cluster 05
The New Mexico Department of Game and Fish submitted comments (via attachment) in an official capacity, likely providing state wildlife management perspective on the HCP.
"The New Mexico Department of Game and Fish submits the comments in the attached file."
Representative quote, cluster 06
Key tensions
ESA Section 10 alternatives analysis adequacy
↕ vs.
applicant's internal routing review
60-year permit scope
↕ vs.
demonstrated long-term mitigation analysis
dunes sagebrush lizard habitat protection
↕ vs.
transmission infrastructure development
agricultural property rights and grazing capacity
↕ vs.
Land Use Restriction or Condition requirements
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