N.M. Code R. § 4.10.17.10

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

Section 4.10.17.10 - MONITORING FOR SITE AVOIDANCE OR PROTECTION

A. The state agency determines when monitoring is needed to supervise implementation of site avoidance or protection measures.

(1) The state agency may reach this determination in discussion with the SHPO or as part of consultation with the SHPO pursuant to Section 18-6-8.1 of the Cultural Properties Act NMSA 1978, Section 18-4-7 of the Prehistoric and Historic Sites Preservation Act NMSA 1978, Section 18-6A-5 of the Cultural Properties Protection Act NMSA 1978, or Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470 f ).

(2) The permittee may provide a written request to the state agency to conduct monitoring. The request shall state for whom the monitoring is proposed, why the monitoring is necessary, where the project is located, a list of archaeological sites, other cultural properties or areas of historic and scientific interest to be protected, the method of protection and the expected date(s) for the monitoring. If the state agency is the project sponsor or has directed the permittee to conduct the work, no written request of the agency is required. If the state agency does not have an archaeologist on staff, the permittee shall submit the request to HPD with a letter from the state agency approving consideration of the request.

(3) All monitoring activities require the approval of the state agency or HPD if the state agency does not have an archaeologist on staff prior to initiating the activity.

B. Report. Document the results of the monitoring and submit the report to the state agency for review and comment pursuant to 4.10.8.18 NMAC. Letter reports are prohibited. Submit the following information as a report:

(1) a NMCRIS investigation abstract including the block for monitoring;

(2) append a copy of a USGS 7.5-minute (1:24,000) USGS topographic quadrangle map with the locations of all archaeological sites, other cultural properties and areas of historic and scientific interest that were monitored during the project; and

(3) append an updated laboratory of anthropology (LA) archaeological site record or a new LA archaeological site record pursuant to 4.10.15 NMAC if new features, material remains or other cultural resources are exposed or noted during the monitoring; additional forms may be used at the discretion of the permittee.

N.M. Code R. § 4.10.17.10

4.10.17.10 NMAC - N, 1/01/06