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The New Mexico Department of Game and Fish (NMDGF) preserves endangered or threatened wildlife in the state against any direct take under [[NMS 17-2-41 Endangered Species | NMSA 17-2-41]]. A list of threatened or endangered species is available at [[NMAC 19.33.6 List of Endangered and Threatened Species | NMAC 19.33.6]]. However, incidental takings are not within the scope of statute. New Mexico law only requires consultation with the NMDGF for projects on State Game Commission land, however, developers are encouraged to consult with NMDGF for all projects that may impact wildlife and ecosystems in New Mexico.
Overview of the permit or section being discussed.
==12-NM-a.1 - Is the Project Located in a Wildlife Management Area?==
Wildlife Management Areas (WMAs) are regulated and controlled by the NMDGF. Generally, WMAs have a statutorily defined purpose of use for activities related to hunting, fishing, and outdoor recreation. It is illegal to remove minerals from WMAs. [[NMAC 19.34.3 Wildlife Habitat and Lands Use of State Game Commission Lands | NMAC 126.96.36.199.D]]. Geothermal development projects are in all likelihood prohibited in WMAs, however developers may be able to construct a right of way within a WMA. Consult the NMDGF for more information.
==12-NM-a.2 to 12-NM-a.3 - Does the Developer Voluntarily Choose to Consult with the NMDGF?==
If the project is not located in a WMA, developers do not need a permit or permission from NMDGF. However, developers may still consult with the NMDGF in order to determine potential project impacts on wildlife and best practices for mitigating adverse effects. Developers electing not to consult with the NMDGF, should still review helpful project-specific guidelines for [[New Mexico Department of Fish and Game Mining Guidelines webpage | Mining Projects]] and [[New Mexico Department of Fish and Game Powerline Project Guidelines | Powerline Projects]].
==12-NM-a.4 to 12-NM-a.6 - Consult with the NMDGF and Review Project==
In order to accurately assess the impacts of the project on New Mexico’s habitats, the developer is encouraged to consult with the NMDGF. The NMDGF may conduct biological reviews for developers so long as the developer sends documents to the Santa Fe and appropriate area office outlining the following:
*Location (maps) of the project;
*Project description and timeline;
*Site description, including topographical, vegetation, and drainage information;
*Proposed mitigation activities; and if applicable,
The NMDGF normally completes biological reviews and returns completed comments and recommendations within 30 days of receipt of a complete request. After consultation, a developer is not bound to follow any of the comments or recommendations. Nevertheless, developers should attempt to incorporate recommendations into the project where practicable. For more information, visit the [[New Mexico Department of Fish and Game webpage | NMDGF website]].
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[[NMS 17-2-41 Endangered Species | NMSA 17-2-41]];
[[NMAC 19.33.6 List of Endangered and Threatened Species | NMAC 19.33.6]]
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Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
Interconnection AgreementPre-Application Process
State Highway ROW
Exceeds Max Length Or Load
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