Current through Register Vol. 35, No. 11, June 11, 2024
Section 4.10.7.9 - REVIEW PROCEDURESA. When any land or structure modification which may affect a registered cultural property is proposed and before architects' or engineers' plans are authorized, a scope of work defined or request for proposals issued; and in the case of land modifications, as soon as the agency head learns or is informed of the proposal, the agency will furnish the following information to the state historic preservation officer:(1) A USGS 7.5 minute quad, or equivalent quality map, showing the exact location of all sites, structures or areas to be affected by this project. If the project is located within a historic district, affected sites, structures or areas affected must be indicated on a map showing the boundaries of the district.(2) If existing structures are involved, photographs or snapshots of each structure to be affected by the project. Photographs may be either black and white or color and may be polaroid but must be of quality sufficient to make examination of the overall structure, siting and architectural details of each structure possible.(3) If new construction is involved, a description of the current condition of the project site, that is: Is the site farm land, grazing land, a graded lot, an existing street or right-of-way, etc.? If the previous uses of the site or sites is known, this information must be provided.(4) Preliminary statement of alternatives and planning documents.(5) Estimate of cost of the proposed land or structure modification.B. The state historic preservation officer will respond within 30 working days, 1) stating that no effect on a registered cultural property will occur, or 2) confirming that an effect on a registered cultural property will occur and requesting further information, or 3) requesting an opportunity to participate in planning. In the event that the state historic preservation officer fails to respond within 30 working days, the requirement of law may be deemed by the agency head to be satisfied.C. In planning an undertaking which will affect a registered cultural property, the agency head and state historic preservation officer will apply the standards set forth in 4.10.7.11 NMAC, 4.10.7.12 NMAC or 4.10.7.13 NMAC.8/21/87; 4.10.7.9 NMAC - Rn, 4 NMAC 10.7.9, 1/1/08