N.M. Code R. § 4.10.17.10 - MONITORING FOR SITE AVOIDANCE OR PROTECTION
A. The state agency determines when
monitoring is needed to supervise implementation of site avoidance or
protection measures.
(1) The state agency may
reach this determination in discussion with the SHPO or as part of consultation
with the SHPO pursuant to Section
18-6-8.1
of the Cultural Properties Act NMSA 1978, Section 18-4-7 of the Prehistoric and
Historic Sites Preservation Act NMSA 1978, Section
18-6A-5 of
the Cultural Properties Protection Act NMSA 1978, or Section 106 of the
National Historic Preservation Act of 1966 as amended (
16 USC 470
f ).
(2) The permittee may provide
a written request to the state agency to conduct monitoring. The request shall
state for whom the monitoring is proposed, why the monitoring is necessary,
where the project is located, a list of archaeological sites, other cultural
properties or areas of historic and scientific interest to be protected, the
method of protection and the expected date(s) for the monitoring. If the state
agency is the project sponsor or has directed the permittee to conduct the
work, no written request of the agency is required. If the state agency does
not have an archaeologist on staff, the permittee shall submit the request to
HPD with a letter from the state agency approving consideration of the
request.
(3) All monitoring
activities require the approval of the state agency or HPD if the state agency
does not have an archaeologist on staff prior to initiating the
activity.
B.
Report. Document the results of the monitoring and submit the report to
the state agency for review and comment pursuant to 4.10.8.18 NMAC. Letter
reports are prohibited. Submit the following information as a report:
(1) a NMCRIS investigation abstract including
the block for monitoring;
(2)
append a copy of a USGS 7.5-minute (1:24,000) USGS topographic quadrangle map
with the locations of all archaeological sites, other cultural properties and
areas of historic and scientific interest that were monitored during the
project; and
(3) append an updated
laboratory of anthropology (LA) archaeological site record or a new LA
archaeological site record pursuant to 4.10.15 NMAC if new features, material
remains or other cultural resources are exposed or noted during the monitoring;
additional forms may be used at the discretion of the permittee.
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