New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.11 - MECHANICAL EXCAVATION PERMIT STIPULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permittees shall abide by all stipulations
				contained in this rule and any special stipulations imposed by the CPRC, the
				state archaeologist, the SHPO or the owner of the land on which the site is
				located. These additional stipulations shall be set out in writing on the
				permit.
B. Permittees shall
				determine the land status and ownership of the land on which the archaeological
				investigation will occur to insure the work will not be in trespass and that
				they are in compliance with local, state or federal laws.
C. All costs incurred in the execution of the
				activities conducted under a permit shall be borne by the permittee or its
				client.
D. The permittee shall
				comply with all laws, rules, ordinances and requirements in all matters and
				things affecting the premises and operations therein pertaining to the permit,
				archaeological site and the land where the site is located.
E. All activities conducted under the permit
				shall be carried out so as to prevent erosion of the land, pollution of water
				resources and any other damage to the natural environment. Any sites or
				locations, disturbed in the course of the archaeological investigations
				conducted under the permit shall be restored to their original condition
				insofar as possible. The areas of limited tests, test excavations and
				excavation shall be backfilled. All areas examined under the permit shall be
				left in a state that will not create hazard to life nor endanger livestock or
				other property, nor contribute to the deterioration of the site or location or
				adjacent lands by natural forces, unless other provisions are specifically
				arranged in the permit application.
F. If human burials are discovered during the
				excavation, local law enforcement shall be notified pursuant to 4.10.11 NMAC.
				If the human burial cannot be left in place, excavations shall be carried out
				in conformance with 4.10.11 NMAC.
G. All material remains collected or removed
				from the site as a result of the excavation conducted under the permit shall be
				the property of the owner of the land on which the site is located, with the
				exception of unmarked human burials and any funerary object, material object or
				artifact buried, entombed or sepulchered with the human burial or burials,
				which shall be the subject of consultation in accordance with 4.10.11 NMAC. The
				permittee may encourage the landowner to donate the material remains to a
				public institution that curates such material.
H. If the excavation is delayed as a result
				of unforeseen circumstances and cannot be completed within the permit period,
				the permittee shall notify HPD in writing to request an extension to the term
				of the permit. This request shall be received by HPD within 10 working days
				prior to the expiration date of the permit in order to be considered. The
				request for the extension shall be accompanied by an interim report summarizing
				the status of the excavations, a proposed date for when the excavations will be
				completed and proposed date for when the final report will be submitted. HPD
				may approve one extension of the permit term not to exceed one year from the
				expiration date of the original permit. Additional requests for an extension
				will be reviewed by the CPRC.
I. If
				the archaeological investigation is discontinued and cannot be completed as a
				result of unforeseen circumstances, the permittee shall notify HPD in writing
				to request a cancellation of the permit. Disposition of material remains
				collected under the permit and copies of all written and photographic records
				resulting from a discontinued investigation will be in accordance with the
				provisions of this section.
J. If
				fieldwork has not been initiated within the permit period or an extension has
				not been requested, the permit shall become void at the end of the permit
				period.
K. Failure by a permittee
				to comply with the standard or special stipulations set forth in this rule and
				on the permit may be cause for the CPRC's denial of future permits to the
				permittee in conformance with
				4.10.8.23
				NMAC.