N.M. Code R. § 19.8.20.2051 – Protection of Fish, Wildlife and Related Environmental Values

A. Any person conducting surface coal mining operations shall, to the extent possible using the best technology current available, minimize disturbances and adverse impacts of the operations on fish, wildlife, and related environmental values, and achieve enhancement of such resources where practicable.
B. No surface coal mining operations or reclamation shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed either by the secretary of the U.S. department of the interior, or by the New Mexico game and fish department, or which are likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall promptly report to the director any state-or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the director shall consult with appropriate state and federal fish and wildlife agencies, and, after consultation, shall identify whether, and under what conditions, the operator may proceed.
C. No surface coal mining operations or reclamation shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nests, or any of its eggs. The operator shall promptly report to the director any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the director shall consult with the U.S. fish and wildlife service and also, where appropriate, the state fish and wildlife agency, and after consultation shall identify whether, and under what conditions, the operator may proceed.
D. A person who conducts surface coal mining operations shall ensure that the design and construction of electric power lines and other transmission facilities used for or incidental to the surface coal mining operations on the permit areas are in accordance with the guidelines set forth in "environmental criteria for electric transmission system" (USDI, USDA (1970)), or in alternative guidance manuals approved by the director. Distribution lines shall be designed and constructed in accordance with REA bulletin 61-10, "powerline contacts by eagles and other large birds", or in alternative guidance manuals approved by the director.
E. Each person who conducts surface coal mining operations shall, to the extent possible using the best technology currently available:
(1) locate and operate haul and access roads so as to avoid or minimize impacts to important fish and wildlife species or other species protected by state or federal law;
(2) fence roadways where specified by the director to guide locally important wildlife to roadway underpasses or overpasses; construction of other necessary passageways may be required by the director; no new barrier shall be created in known and important wildlife migration routes;
(3) fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials;
(4) restore, enhance where practicable or avoid disturbance to habitats of unusually high value for fish and wildlife;
(5) restore, enhance where practicable, or maintain natural riparian vegetation on the banks of streams, lakes, and other wetland areas;
(6) afford protection to aquatic communities by avoiding stream channels as required in 19.8.20.2025 and 2070 NMAC or restoring stream channels as required in 19.8.20.2012 NMAC;
(7) not use persistent pesticides on the area during surface coal mining and reclamation operations, unless approved by the director;
(8) to the extent possible prevent, control, and suppress range, forest, and coal fires which are not approved by the director as part of a management plan;
(9) if fish and wildlife habitat is to be a primary or secondary postmining land use, the operator shall in addition to the requirements of 19.8.20.2060 through 2066 NMAC of these regulations:
(a) select plant species to be used on reclaimed areas, based on the following criteria:
(i) their proven nutritional value for fish life; and
(ii) their uses as cover for fish and wildlife; and
(iii) their ability to support and enhance fish and wildlife habitat after release of bonds; and
(b) distribute plant groupings to maximize benefit to fish and wildlife; plants should be grouped and distributed in a manner which optimizes edge effect, cover and other benefits for fish and wildlife;
(10) where cropland is to be the alternative postmining land use and where appropriate for wildlife and crop management practices, intersperse the fields with trees, hedges or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals; wetlands shall be preserved or created rather than drained or otherwise permanently abolished; and
(11) where the primary land use is to be residential, public service, or industrial land use, intersperse reclaimed lands with greenbelt utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless such greenbelt are inconsistent with the approved postmining land use.
[11-29-97; 19.8.20.2051 NMAC - Rn, 19 NMAC 8.2.20.2051, 9-29-2000]