N.M. Admin. Code § 19.8.20.2025 - HYDROLOGIC BALANCE: STREAM BUFFER ZONES
A. No surface land within 100 feet of a
perennial stream or a stream with a biological community determined according
to Subsection C of
19.8.20.2025 NMAC shall be
disturbed by surface coal mining operations except in accordance with
19.8.20.2011 and 2012 NMAC, unless the director specifically authorizes surface
coal mining operations closer to or through such a stream upon finding that:
(1) surface mining activities will not cause
or contribute to the violation of applicable state or federal water quality
standards, and will not adversely affect the water quantity and quality or
other environmental resources of the stream; and
(2) if there will be a temporary or permanent
stream-channel diversion, it will comply with 19.8.20.2011 and 2012
NMAC.
B. The area not to
be disturbed shall be designated a buffer zone and marked as specified in
19.8.20.2000 NMAC.
C. A stream with a biological community shall
be determined by the existence in the stream at any time of an assemblage of
two or more species of arthropods or molluscan animal which are:
(1) adapted to flowing water for all or part
of their life cycle;
(2) dependent
upon a flowing water habitat;
(3)
reproducing or can reasonably be expected to reproduce in the water body where
they are found; and
(4) longer then
2 millimeters at some stage of the part of their life cycle spent in the
flowing water habitat.
Notes
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