Endangered Species Act Section 7 consultation review
This prepared complaint letter identifies the responsible public authorities, controlling official sources, evidence limits, and the factual questions that require agency review.
The draft requests investigation and documentary findings. It does not assert that every cited legal element or violation has already been proven.
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CalendarAlbuquerque Metropolitan Arroyo Flood Control Authority board meeting · Thursday, September 24 at 9:00 a.m.KOB 4AMAFCA finishes maintenance work at retention basin home to animalsAudubon SouthwestExtended Drying of The Rio Grande Affects BosqueDead beaver found near Paseo and CoorsABQ JournalCity workers remove dozens of animals from trash catch amid AMAFCA maintenance
CalendarAlbuquerque Metropolitan Arroyo Flood Control Authority board meeting · Thursday, September 24 at 9:00 a.m.KOB 4AMAFCA finishes maintenance work at retention basin home to animalsAudubon SouthwestExtended Drying of The Rio Grande Affects BosqueDead beaver found near Paseo and CoorsABQ JournalCity workers remove dozens of animals from trash catch amid AMAFCA maintenance
Back to all lettersComplaint letter
Request for federal species-consultation review — Endangered Species Act §7
Potential violation: if a federal agency authorized, funded, or carried out the work and it may affect a listed species or critical habitat, required consultation may have been skipped. Law: 16 U.S.C. §1536.
Subject
Formal request: determine whether Endangered Species Act §7 consultation was required
Prepared for United States Army Corps of Engineers; United States Fish and Wildlife Service; Senator Martin Heinrich; Senator Ben Ray Luján; Representative Melanie Stansbury
Dear United States Army Corps of Engineers; United States Fish and Wildlife Service; Senator Martin Heinrich; Senator Ben Ray Luján; Representative Melanie Stansbury, I am a resident and member of the public requesting a prompt, documented investigation and coordinated response concerning the drainage or retention area near 6440 Coors Boulevard Northwest, directly east of Sagebrush Church–Riverside Campus, Albuquerque, New Mexico 87120. POTENTIAL LEGAL ISSUE AND REQUIRED CAVEAT Request for federal species-consultation review — Endangered Species Act §7 Potential violation: if a federal agency authorized, funded, or carried out the work and it may affect a listed species or critical habitat, required consultation may have been skipped. Law: 16 U.S.C. §1536. FULL LEGAL CITATION AND ELEMENTS TO REVIEW Review Endangered Species Act §7, 16 U.S.C. §1536. If a federal agency authorized, funded, or carried out the action, it must use its authorities to conserve listed species and must consult when the action may affect a listed species or designated critical habitat. The inquiry is procedural and agency-specific; it requires identifying the federal action, listed species, critical habitat, effects, and consultation or biological-opinion record. OFFICIAL CONTROLLING SOURCES 1. 16 U.S.C. §1536 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1536&num=0&edition=prelim 2. United States Fish and Wildlife Service: Southwestern Willow Flycatcher final listing rule https://www.fws.gov/sites/default/files/federal_register_document/95-4531.pdf ISSUE-SPECIFIC EVIDENCE STATUS CURRENT FACTUAL BASELINE (reviewed August 29, 2026) Albuquerque Metropolitan Arroyo Flood Control Authority identifies the site as the Albuquerque Metropolitan Arroyo Flood Control Authority-owned La Orilla Outlet Water Quality Structure. Albuquerque Metropolitan Arroyo Flood Control Authority authorized the on-site work at the La Orilla Outlet Water Quality Structure; that agency authorization does not by itself establish that every required permit or regulatory approval was satisfied. Albuquerque Metropolitan Arroyo Flood Control Authority reported that approximately 8–10 turtles, primarily red-eared sliders, and several bullfrogs had been captured or relocated as of August 26, 2026; wildlife professionals were involved, work was paused after wildlife concerns, relocation was not complete, and no dead or injured wildlife had been found at that point. The supplied photograph directly depicts one beaver, and witness material records direct observation of at least two beavers and one beaver den; Albuquerque Metropolitan Arroyo Flood Control Authority stated that it had not independently confirmed the beaver observation as of its August 26, 2026 public statement. A supplied photograph depicts an animal appearing to be a deceased beaver beside a roadway. In a public Facebook post, Brittany Walters says Jenn Wilson photographed the animal near Paseo and Coors and identifies it as the same beaver the community had been trying to save based on matching tail notches; the identity and the cause, timing, and circumstances of death have not been independently verified. Supplied text-message screenshots report more than 40 turtles identified in the account as snapping, western painted, red-eared slider, and spiny softshell turtles, plus one unidentified snake, many bullfrogs, and a possible alligator; the counts and species identifications require qualified official verification. Historical federal scientific records document Rio Grande silvery minnows at a La Orilla Middle Rio Grande study location; that historical evidence does not establish that silvery minnows were present inside the specific Albuquerque Metropolitan Arroyo Flood Control Authority La Orilla Outlet Water Quality Structure during the August 2026 operation. Albuquerque Metropolitan Arroyo Flood Control Authority stated that water was pumped downstream along the structure’s normal drainage path toward the Rio Grande and that water-quality samples were collected; laboratory results were pending at the time of its August 26, 2026 statement. Albuquerque Metropolitan Arroyo Flood Control Authority stated that permanent drainage modifications were under consideration. The reviewed public record does not establish the full permit history, precise regulatory jurisdiction, specific discharge authorization, detailed laboratory results, all relocation destinations, complete injury or mortality records, or final permanent-design effects. Images of fresh soil, equipment activity, and wildlife at the drainage area, together with news reporting, document the concern, but the public record does not establish a federal permit, funding source, land interest, civil-works project, retained federal control, action agency, listed-species action area, historic property, or completed federal review. Those threshold facts must be identified before the cited federal process can be found applicable or deficient. ISSUE-SPECIFIC RECORDS AND FACTUAL QUESTIONS Identify federal funding, permits, approvals, land or project ownership, listed species and critical habitat in the action area, effects to water quality and hydrology, and every informal-consultation, formal-consultation, concurrence, biological-opinion, and incidental-take record. WHY PROMPT ACTION IS WARRANTED Further filling, pumping, dewatering, grading, vegetation removal, cleanup, or animal handling could alter site conditions, make water-quality or wildlife effects harder to detect, destroy evidence, and foreclose less damaging corrective options. The available record warrants inspection and preservation now even though jurisdiction, permit status, causation, species, injury, and the elements of any violation remain to be established. COORDINATED REQUEST BY RECIPIENT ROLE United States Army Corps of Engineers — Primary enforcement or regulator Refer the matter to the responsible federal action agency and the United States Fish and Wildlife Service; prevent irreversible work where authorized; and complete the required consultation before continuing an action that may affect listed species or critical habitat. United States Fish and Wildlife Service — Primary enforcement or regulator Refer the matter to the responsible federal action agency and the United States Fish and Wildlife Service; prevent irreversible work where authorized; and complete the required consultation before continuing an action that may affect listed species or critical habitat. Senator Martin Heinrich — Oversight or elected official Please coordinate a written response from the public agencies with possible authority, request the status of permits and documented wildlife or water-quality protections, and identify the office responsible for the next update. This is an oversight or constituent-assistance request—not a request for your office to conduct enforcement. Senator Ben Ray Luján — Oversight or elected official Please coordinate a written response from the public agencies with possible authority, request the status of permits and documented wildlife or water-quality protections, and identify the office responsible for the next update. This is an oversight or constituent-assistance request—not a request for your office to conduct enforcement. Representative Melanie Stansbury — Oversight or elected official Please coordinate a written response from the public agencies with possible authority, request the status of permits and documented wildlife or water-quality protections, and identify the office responsible for the next update. This is an oversight or constituent-assistance request—not a request for your office to conduct enforcement. RECORDS AND EVIDENCE PRESERVATION Preserve records from January 1, 2026 through the present, including native electronic files and available metadata. The request covers engineering and hydrology analyses; ownership, easement, and as-built records; contracts, bids, invoices, work orders, schedules, and contractor instructions; permit applications, jurisdictional determinations, exemption claims, notices of intent, pollution-prevention plans, inspections, sampling, discharge and dewatering records; wildlife surveys, capture and relocation records, veterinary or mortality records, destination approvals, and chain of custody; alternatives, mitigation, restoration, and long-term maintenance analyses; photographs, drone imagery, video, geographic data, complaints, public statements, and internal, contractor, and interagency communications. Please suspend routine deletion, preserve originals, produce records electronically on a rolling basis, identify withheld categories and the legal basis, give advance notice before fees exceed $25, and forward this request to the proper custodian if your office does not hold a record. CONTACT INFORMATION AND DELIVERY PATHS United States Army Corps of Engineers — Albuquerque Regulatory Office Role: Primary enforcement or regulator What this recipient can do: Determine jurisdiction, review Section 404 permits and exemptions, and review authorized restoration or enforcement. Email: SPA-RD-NM@usace.army.mil Phone: 505-342-3280 Mailing address: 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435 Official web form: https://rrs.usace.army.mil/rrs/ United States Fish and Wildlife Service — New Mexico Ecological Services Role: Primary enforcement or regulator What this recipient can do: Review listed species and critical habitat and coordinate consultation when a federal action exists. Email: nmesfo@fws.gov Phone: 505-230-3837 Mailing address: 2105 Osuna Road NE Albuquerque, NM 87113-1001 Senator Martin Heinrich — New Mexico Office Role: Oversight or elected official What this recipient can do: Request agency briefings, referrals, and responses; not direct enforcement. Email: casework@heinrich.senate.gov Phone: 505-346-6601 Senator Ben Ray Luján — New Mexico Office Role: Oversight or elected official What this recipient can do: Request agency briefings, referrals, and responses; not direct enforcement. Email: casework@lujan.senate.gov Phone: 505-346-6601 Representative Melanie Stansbury — New Mexico District 1 Role: Oversight or elected official What this recipient can do: Request agency briefings, referrals, and responses; not direct enforcement. Email: melanie.stansbury@mail.house.gov Phone: 505-346-6781 SUPPORTING RECORD ORIGINAL SOURCE Facebook post documenting the reported conditions: https://www.facebook.com/100068501006128/posts/pfbid02duMr7XFMQ6pFVAXeDzamX9QgrrFpnfgyJapV1ioL3fddTNKUcvXybWNxtL3CVMANl/?mibextid=wwXIfr Legal memorandum and photo descriptions: https://laorilla.org/La_Orilla_Legal_Complaint_2026-08-26_v1.pdf Please acknowledge receipt, provide a tracking number or referral contact, identify the deciding agency, and explain the findings, evidence reviewed, protective measures, corrective or enforcement action, unresolved questions, and schedule for the next public update. LEGAL DISCLAIMER AND LIMITS The reported capture and removal of wildlife, together with the absence of an identified completed pre-work species or habitat survey in the public record, do not by themselves prove that the cited authority applies, that any animal was injured or died, or that a violation or crime occurred. The report's accuracy, permit status, and legal significance require official verification and determination. This letter requests investigation, preservation, and role-appropriate assistance. The responsible authorities must establish each factual, jurisdictional, causation, intent, permit, and exception element. Respectfully, [Your name] [City], [State] [ZIP] [Your email]