N.M. Code R. § 19.8.8.814 – Prime Farmland Investigation

A. The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The director in consultation with U.S. natural resources conservation service shall determine the nature and extent of the required reconnaissance investigation.
B. Land shall not be considered prime farmland where the applicant can demonstrate one of the following:
(1) the land has not been historically used as cropland;
(2) the slope of the land is 10 percent or greater;
(3) the land is not irrigated or naturally subirrigated, has no developed water supply that is dependable or of adequate quality, and the average annual precipitation is 14 inches or less;
(4) other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in 2 years, and the flooding has reduced crop yields; or
(5) on the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.
C. If the investigation establishes that the lands are not prime farmlands, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of Subsection B of 19.8.8.814 NMAC.
D. If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause such a survey to be made.
(1) When a soil survey of lands within the proposed permit area contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with 19.8.10.1004 NMAC for such designated land.
(2) When a soil survey for lands within the proposed permit area contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service; the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with Subsection B of 19.8.8.814 NMAC.
[11-29-97; 19.8.8.814 NMAC - Rn, 19 NMAC 8.2.8.814, 9-29-2000; A, 12-31-2007]
HISTORY OF 19.8.8 NMAC:
Pre-NMAC History:
The material in Part 8 was derived from that previously filed with the State Records Center and Archives under:
SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76
SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78
SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79
CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.
Other History:
Renumbering and reformatting CSMC Rule 80-1, Surface Coal Mining Regulations, filed 9-24-80 to 19 NMAC 8.2, Coal Surface Mining, files 11-13-97.
Renumbered 19 NMAC 8.2 Subpart 8 Permit Application - Minimum Requirements for Information on Environmental Resources, filed 11-13-97, to 19.8.8 NMAC Permit Application - Minimum Requirements for Information on Environmental Resources, effective 09-29-2000.