Current through Register Vol. 35, No. 11, June 11, 2024
Section 4.10.8.10 - ARCHAEOLOGICAL INVESTIGATIONS UNDER A PROJECT-SPECIFIC PERMIT The CPRC issues project-specific permits, with the concurrence of the state archaeologist and the SHPO, and the commissioner of public lands for archaeological investigations on state trust lands or the representative of the state agency with jurisdiction for other state lands. The applicant indicates on the project-specific application form the type or types of archaeological investigations proposed and submits a research design or monitoring plan approved by the state agency archaeologist or HPD, as applicable, and prepared in conformance with 4.10.15 NMAC, 4.10.16 NMAC, or 4.10.17 NMAC, as appropriate.
A.Survey. Project-specific permits are required for applicants who propose to: (1) conduct sample, thematic or other research surveys;(2) substitute alternate field methods for the standards in 4.10.15 NMAC; or(3) perform surveys of state trust land undertaken independent of an activity authorized by rights-of-way, easements, leases or other authority to enter state trust land.B.Test excavation. Project-specific permits are required when applicants: (1) propose to substitute alternate test excavation methods for the standards in 4.10.16 NMAC including metal detection and collection of artifacts or ground penetrating radar and verification tests, or other technologies;(2) propose research-driven test excavation on state trust land undertaken independent of an activity authorized by rights-of-way, easements, leases or other authority to enter state trust land;(3) propose research-driven test excavation conducted over multiple years; or(4) do not have a general permit that includes authorization for test excavation.C.Excavation. Project-specific permits and individual unmarked human burial permits are required for all excavation projects unless the site to be excavated is historic and burials are unlikely. Excavation involves disturbance of the ground within an archaeological site in excess of limited tests and test excavation or may be performed as part of a data recovery program designed to mitigate adverse effects of projects, as part of an academic program to train students in a field school, field studies for a thesis or dissertation, or other research involving the excavation of a site or area of historic and scientific interest.D.Monitoring. Project-specific permits are required for monitoring when applicants: (1) do not have a general permit that includes authorization for monitoring; or(2) propose to substitute alternate methods for the standards in 4.10.17 NMAC.E.Unmarked human burial excavation. The CPRC issues individual permits to applicants who propose to excavate unmarked human burials on state or private land. An individual permit must be obtained concurrently with a project specific permit for excavation unless the site to be excavated is historic and burials are unlikely. Unmarked human burial permits are issued pursuant to rule 4.10.11 NMAC.F.Mechanical excavation of archaeological sites on private land. The CPRC issues mechanical excavation permits to applicants who propose to conduct archaeological test excavation or excavation at a site on private land using mechanical earth-moving equipment. An individual unmarked human burial excavation permit must be obtained concurrently with a mechanical excavation permit unless the site is historic and burials are unlikely. Individual unmarked human burial permits are issued under rule 4.10.11 NMAC. Mechanical excavation permits are issued under rule 4.10.14 NMAC.4.10.8.10 NMAC - N, 10/01/05, Adopted by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/16/2019