N.M. Code R. § 4.10.12.12

Current through Register Vol. 35, No. 11, June 11, 2024

Section 4.10.12.12 - PLANNING TO MINIMIZE HARM

A. This section applies either when no prudent or feasible alternative is found which will avoid use of a significant prehistoric or historic site or sites, or when more than one alternative which will affect a significant prehistoric or historic site or sites is found. In either case, a plan to minimize harm to the affected significant prehistoric or historic site or sites shall be incorporated as a separate section of the record of decision described in 4.10.12.11 NMAC above. The plan must contain the following:

(1) a map of the area of impact, including the significant historic or prehistoric sites to be used;

(2) documentation of ownership of the area of impact;

(3) a description of the significant historic or prehistoric site or sites to be used and a statement of the historic, architectural or archaeological significance of the site or sites. The state or national register nomination form may be the source of this statement;

(4) documentation of alternatives, if more than one alternative has been found, totaling the harm caused by each alternative, and making a conclusion, based on comparisons stated in appropriately substantial detail, that given alternative in association with any specific measures for stabilization, restoration, protection or data recovery causes the least harm to a significant historic or prehistoric site or sites;

(5) estimated costs relating to (4) above;

(6) any contract, agreement or proposed agreement relating to the disposition or maintenance of the significant prehistoric or historic site or sites;

(7) any schedule of maintenance of the significant prehistoric or historic site or sites, including approximate costs.

B. The entity may upon request hold an additional public hearing, advertised no less than thirty days in advance in one newspaper of statewide circulation and one newspaper in the locality or region of the proposed program or project, to receive written and oral testimony on the plan from interested persons. The entity shall give direct and timely written notice of any such hearing to the SHPO. In the event of such hearing, the entity shall hold the hearing record open for an additional fifteen days to take additional written comments.

C. The only relevant factor in making a determination as to whether an alternative minimizes harm to a significant prehistoric or historic site is a quantum of harm to the site caused by that alternative.

N.M. Code R. § 4.10.12.12

9/15/89; 4.10.12.12 NMAC - Rn, 4 NMAC 10.12.12, 1/1/08