N.M. Admin. Code § 19.8.20.2025

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.20.2025 - HYDROLOGIC BALANCE: STREAM BUFFER ZONES

A. No surface land within 100 feet of a perennial stream or a stream with a biological community determined according to Subsection C of 19.8.20.2025 NMAC shall be disturbed by surface coal mining operations except in accordance with 19.8.20.2011 and 2012 NMAC, unless the director specifically authorizes surface coal mining operations closer to or through such a stream upon finding that:

(1) surface mining activities will not cause or contribute to the violation of applicable state or federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2) if there will be a temporary or permanent stream-channel diversion, it will comply with 19.8.20.2011 and 2012 NMAC.

B. The area not to be disturbed shall be designated a buffer zone and marked as specified in 19.8.20.2000 NMAC.

C. A stream with a biological community shall be determined by the existence in the stream at any time of an assemblage of two or more species of arthropods or molluscan animal which are:

(1) adapted to flowing water for all or part of their life cycle;

(2) dependent upon a flowing water habitat;

(3) reproducing or can reasonably be expected to reproduce in the water body where they are found; and

(4) longer then 2 millimeters at some stage of the part of their life cycle spent in the flowing water habitat.

N.M. Admin. Code § 19.8.20.2025

11-29-97; 19.8.20.2025 NMAC - Rn, 19 NMAC 8.2.20.2025, 9-29-2000