N.M. Admin. Code § 20.7.7.19

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.7.7.19 - CRITERIA FOR INITIATING ENVIRONMENTAL IMPACT STATEMENTS

Conditions requiring an EIS. The responsible official shall assure that an EIS will be prepared and issued when it is determined that the proposed project will cause any of the following conditions to exist, or when:

A. The proposed action would result in a discharge of treated effluent from a new or modified existing facility into a body of water and the discharge is likely to have a significant effect on the quality of the receiving waters.

B. The proposed action is likely to directly, or through induced development, have significant adverse effect upon local ambient air quality or local ambient noise levels.

C. The proposed action is likely to have significant adverse effects on surface water reservoirs or navigation projects.

D. The proposed action would be inconsistent with state or local government, or federally-recognized Indian tribe approved land use plans or regulations, or federal land management plans.

E. The proposed action would be inconsistent with state or local government, or federally-recognized Indian tribe environmental, resource-protection, or land-use laws and regulations for protection of the environment.

F. The proposed action is likely to significantly affect the environment through the release of radioactive hazardous or toxic substances, or biota.

G. The proposed action involves uncertain environmental effects or highly unique environmental risks that are likely to be significant.

H. The proposed action is likely to significantly affect national natural landmarks or any property on or eligible for the National Register of Historic Places.

I. The proposed action is likely to significantly affect environmentally important natural resources such as wetlands, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat.

J. The proposed action in conjunction with related federal, state or local government, or federally-recognized Indian tribe projects is likely to produce significant cumulative impacts.

K. The proposed action is likely to significantly affect the pattern and type of land use (industrial, commercial, recreational, residential) or growth and distribution of population including altering the character of existing residential areas.

N.M. Admin. Code § 20.7.7.19

10-22-88; 20.7.7.19 NMAC - Rn, 20 NMAC 7.7.305 & A, 7/16/2000, Adopted by New Mexico Register, Volume XXXI, Issue 05, March 10, 2020, eff. 3/10/2020