New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2051 - PROTECTION OF FISH, WILDLIFE AND RELATED ENVIRONMENTAL VALUES

Current through Register Vol. 35, No. 13, July 16, 2024
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.