New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
Section 19.8.8.808 - VEGETATION INFORMATION

Universal Citation: 19 NM Admin Code 19.8.8.808

Current through Register Vol. 35, No. 18, September 24, 2024

A. The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area for surface mining activities, or for underground mining activities the areas to be affected within the permit area by surface operations or facilities, and within any proposed reference area. This description shall include information adequate to predict the potential for re-establishing vegetation and quantitative data for each strata (herb, shrub, tree) which includes but not limited to:

(1) a comprehensive listing of species by plant community;

(2) ground cover, frequency, and constancy values for each species in the herbaceous stratum for each plant community;

(3) ground cover, density, and frequency values for each species in the shrub stratum for each plant community;

(4) foliage cover, basal area, and density of non-timber and timber tree species and volume data for commercial timber producing species;

(5) acreage which shall be determined for each plant community type and presented on the vegetative map, the quantitative data collected for each plant community shall be correlated with slope, aspect, and soil type within that plant community;

(6) animal unit months (AUMs) the area is supporting or the AUMs the area could support; and

(7) a report describing location, soils, and habitat and mitigation measures to be taken for any rare, threatened, or endangered species found within the permit area.

(8) The director may request such additional data as deemed necessary to ensure compliance with the requirements of 19.8.20.2060 through 2066 NMAC.

B. If the applicant intends to develop a historic record of pre-mining conditions as a basis for comparison to the postmining revegetation, the applicant shall submit a plan indicating:

(1) a timetable for collecting data and developing the historic record;

(2) the sampling techniques to be used;

(3) the number of samples to be collected; and

(4) location of each permanent sampling point within each vegetative type identified on the map required for this section.

C. Sampling intensity shall be such that the data presents a valid statistical value for the area or population from which the samples were collected.

D. The map or aerial photograph required shall include sufficient adjacent areas to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 19.8.8.809 NMAC. The map may be prepared by the local soil and water conservation district of the area or other qualified government or private organization.

E. The director may request such additional data as deemed necessary to ensure compliance with the requirements of 19.8.20.2060 through 2066 NMAC.

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