N.M. Admin. Code § 19.8.9.905 - FISH AND WILDLIFE PLAN
A.
Each application shall contain a fish and wildlife plan, consistent with
19.8.20.2051 NMAC which provides:
(1) a statement of how the plan will minimize
disturbances and adverse impacts on fish and wildlife and related environmental
values during surface coal mining and reclamation operations, and how
enhancement of these resources will be achieved, where practicable; the plan
shall cover the permit and adjacent areas as determined by the director
pursuant to Subsection C of
19.8.8.809 NMAC;
(2) if the applicant states that it will not
be practicable, in accordance with Paragraph (1) of Subsection A of
19.8.9.905 NMAC, to achieve a
condition which clearly shows a trend toward enhancement of fish and wildlife
resources at the time revegetation has been successfully completed under
19.8.20.2060 through 2066 NMAC, a statement explaining why it is not
practicable to achieve such a condition shall be submitted to the
director;
B. a statement,
describing the methods, if any, the applicant will utilize to protect or
enhance the following, if they are to be affected by surface coal mining
operations:
(1) threatened or endangered
species of plants or animals which are indigenous to the state listed under the
Endangered Species Act of 1973 as amended, and the Wildlife Conservation Act,
Sections 17-3-37 et. seq. NMSA 1978, the
Habitat Protection Act, Sections
17-6-1 et. seq. NMSA 1978, and the
laws relating to the protection of native New Mexico plants including Sections
76-8-1 through
76-8-4 NMSA 1978; and their
critical habitats;
(2) species such
as eagles, migratory birds or other animals protected by state or federal law
and their habitats; or other species identified through the consultation
process pursuant to
19.8.8.809 NMAC; or
(3) habitats of unusually high value for fish
and wildlife, such as wetlands, riparian areas, cliffs supporting raptors,
areas offering special shelter or protection, reproduction and nursery areas,
and wintering areas.
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