N.M. Admin. Code § 19.8.9.905

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

Section 19.8.9.905 - FISH AND WILDLIFE PLAN

A. Each application shall contain a fish and wildlife plan, consistent with 19.8.20.2051 NMAC which provides:

(1) a statement of how the plan will minimize disturbances and adverse impacts on fish and wildlife and related environmental values during surface coal mining and reclamation operations, and how enhancement of these resources will be achieved, where practicable; the plan shall cover the permit and adjacent areas as determined by the director pursuant to Subsection C of 19.8.8.809 NMAC;

(2) if the applicant states that it will not be practicable, in accordance with Paragraph (1) of Subsection A of 19.8.9.905 NMAC, to achieve a condition which clearly shows a trend toward enhancement of fish and wildlife resources at the time revegetation has been successfully completed under 19.8.20.2060 through 2066 NMAC, a statement explaining why it is not practicable to achieve such a condition shall be submitted to the director;

B. a statement, describing the methods, if any, the applicant will utilize to protect or enhance the following, if they are to be affected by surface coal mining operations:

(1) threatened or endangered species of plants or animals which are indigenous to the state listed under the Endangered Species Act of 1973 as amended, and the Wildlife Conservation Act, Sections 17-3-37 et. seq. NMSA 1978, the Habitat Protection Act, Sections 17-6-1 et. seq. NMSA 1978, and the laws relating to the protection of native New Mexico plants including Sections 76-8-1 through 76-8-4 NMSA 1978; and their critical habitats;

(2) species such as eagles, migratory birds or other animals protected by state or federal law and their habitats; or other species identified through the consultation process pursuant to 19.8.8.809 NMAC; or

(3) habitats of unusually high value for fish and wildlife, such as wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas.

N.M. Admin. Code § 19.8.9.905

11-29-97; 19.8.9.905 NMAC - Rn, 19 NMAC 8.2.9.905, 9-29-2000