reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.1902 - PERFORMANCE STANDARDS FOR COAL EXPLORATION

Current through Register Vol. 35, No. 13, July 16, 2024
The performance standards in this section are applicable to
				  coal exploration, which substantially disturbs land surface.
A. Habitats of unique value for fish,
				wildlife, and other related environmental values and areas identified in
				Subsection B of 19.8.9.905 NMAC shall not be disturbed during coal
				exploration.
B. The person who
				conducts coal exploration shall, to the extent practicable, measure important
				environmental characteristics of the exploration area during the operations, to
				minimize environmental damage to the area and to provide supportive information
				for any permit application that person may submit under 19.8.5 NMAC through
				19.8.13 NMAC.
C. Roads and off-road
				travel.
(1) Vehicular travel on other than
				established graded and surfaced roads shall be limited by the person who
				conducts coal exploration to that absolutely necessary to conduct the
				exploration. Travel shall be confined to graded and surfaced roads during
				periods when excessive damage to vegetation or rutting of the land surface
				could result.
(2) Any new road or
				other transportation facility shall comply with the provisions of Subsections B
				through F of 19.8.20.2076 and 19.8.20.2077 and 19.8.20.2078 NMAC.
(3) Existing roads or other transportation
				facilities may be used for exploration in accordance with the following:
(a) all applicable federal, state, and local
				requirements shall be met;
(b) if
				the road is significantly altered for exploration, including, but not limited
				to, change of grade, widening, or change of route, or if use of the road for
				exploration contributes additional suspended solids to streamflow or runoff,
				then Subsection G of 19.8.19.1902 NMAC shall apply to all areas of the road
				which are altered or which result in such additional contributions;
(c) if the road or other transportation
				facility is significantly altered for exploration activities, the person
				conducting exploration shall ensure that the requirements of Subsections B
				through F of 19.8.20.2076 NMAC and 19.8.20.2077 and 19.8.20.2078 NMAC are met
				for the design, construction, alteration, and maintenance of the
				road.
(4) Any road or
				transportation facility that will be retained after exploration activities are
				complete shall comply with the applicable provisions of 19.8.20.2076, 2077,
				2078 or 2079 NMAC, as applicable. Any road that will not be retained will be
				promptly reclaimed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.1903 - REQUIREMENT FOR A PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				person who extracts coal for commercial sale or use during coal exploration
				operations must obtain a permit for those operations from the director under
				19.8.5 NMAC through 19.8.13 NMAC.
B. With the prior written approval of the
				director, no permit to conduct surface coal mining operations is required for
				the sale or commercial use of coal extracted during exploration operations if
				such sale or commercial use is for coal testing purposes only. The person
				conducting the exploration shall file an application for such approval with the
				director. The application shall demonstrate that the coal testing is necessary
				for the development of a surface coal mining and reclamation operation for
				which a surface coal mining operations permit application is to be submitted in
				the near future, and that the proposed commercial use or sale of coal extracted
				during exploration operations is solely for the purpose of testing the coal.
				The application shall contain the following:
(1) the name of the testing firm and the
				locations at which the coal will be tested.
(2) If the coal will be sold directly to, or
				commercially used directly by, the intended end user, a statement from the
				intended end user; or if the coal is sold indirectly to the intended end user
				through an agent or broker, a statement from the agent or broker. The statement
				shall include:
(a) the specific reason for
				the test, including why the coal may be so different from the intended user's
				other coal supplies as to require testing;
(b) the amount of coal necessary for the test
				and why a lesser amount is not sufficient; and
(c) a description of the specific tests that
				will be conducted.
(3)
				Evidence that sufficient reserves of coal are available to the person
				conducting exploration or its principals for future commercial use or sale to
				the intended end user, or agent or broker of such user identified above, to
				demonstrate that the amount of coal to be removed is not the total reserve, but
				is a sampling of a larger reserve.
(4) An explanation as to why other means of
				exploration, such as core drilling, are not adequate to determine the quality
				of the coal and/or the feasibility of developing a surface coal mining
				operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1 - 35 of Chapter 8 is to establish
				  regulations to implement the New Mexico Surface Mining Act as directed in NMSA
				  1978, Section 69-25A-5(1979). These regulations are intended to ensure proper
				  reclamation through permitting for operations subject to the New Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2000 - SIGNS AND MARKERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Specification signs and markers required under 19.8.20 NMAC shall:
(1) be posted and maintained by the person
				who conducts the surface coal mining operations;
(2) be of a uniform design throughout the
				operation that can be easily seen and read;
(3) be made of durable material;
				and
(4) conform to local ordinances
				and codes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2001 - CASING AND SEALING OF DRILLED HOLES: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each exploration hole, other drill or borehole, shaft, well,
				  or other exposed underground opening shall be cased, sealed, or otherwise
				  managed, as approved by the director, to prevent acid or other toxic drainage
				  from entering ground or surface waters, to minimize disturbance to the
				  prevailing hydrologic balance, and to ensure the safety of people, livestock,
				  fish and wildlife, and machinery in the permit and adjacent area. Each
				  exploration hole, drill hole, shaft or borehole or well that is uncovered or
				  exposed by mining activities within the permit area shall be permanently
				  closed, unless approved for water monitoring, or otherwise managed in a manner
				  approved by the director. Use of a drilled hole or borehole or monitoring well
				  as a water well must meet the provisions of
				  19.8.20.2021
				  NMAC.
				  19.8.20.2021
				  NMAC does not apply to holes solely used for blasting.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2002 - CASING AND SEALING OF DRILLED HOLES AND UNDERGROUND OPENINGS: TEMPORARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				exploration hole, other than drill or boreholes, wells and other exposed
				underground openings which have been identified in the approved permit
				application for use to return, underground development waste, coal processing
				waste or water to underground workings or to be used to monitor ground water
				conditions, shall be temporarily sealed before actual use and protected during
				use by barricades, or fences, or other protective devices approved by the
				director. These devices shall be periodically inspected and maintained in good
				operating condition by the person who conducts the surface coal mining
				operations.
B. Each underground
				mine entry which is temporarily inactive, but has a further projected useful
				service under the approved permit application, shall be protected by barricades
				or other covering devices, fenced, and posted with signs, to prevent access
				into entry and to identify the hazardous nature of the opening. These devices
				shall be periodically inspected and maintained in good operating conditions by
				the person who conducts the underground mining activities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2003 - CASING AND SEALING OF DRILLED HOLES AND UNDERGROUND OPENINGS: PERMANENT

Current through Register Vol. 35, No. 13, July 16, 2024
When no longer needed for monitoring or other use approved by
				  the director upon a finding of no adverse environmental or health and safety
				  effects, or unless approved for transfer as a water well under
				  19.8.20.2021
				  NMAC, each exploration hole, other drilled hole or borehole, well, and other
				  exposed underground openings such as shafts, drifts, adits, tunnels or
				  entryways shall be capped, sealed, backfilled, or otherwise properly managed,
				  as required by the director, under
				  19.8.20.2001
				  NMAC and consistent with
				  30 CFR 75.1711.
				  Permanent closure measures shall be designed to prevent access to the mine
				  workings by people, livestock, fish and wildlife, and machinery, and to keep
				  acid or other toxic drainage from entering ground or surface
				  waters.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2004 - TOPDRESSING: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Before disturbance of an area, topsoil,
				subsoils or other approved material suitable as a topdressing to be saved under
				19.8.20.2005 NMAC shall be separately removed and segregated from other
				material.
B. After removal,
				topdressing shall be immediately redistributed in accordance with 19.8.20.2007
				NMAC, stockpiled pending redistribution under 19.8.20.2006 NMAC, or if the
				permittee can demonstrate that an alternative procedure will provide equal or
				more protection for the topdressing, the director may, on a case by case basis,
				approve an alternative.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2005 - TOPSOIL: REMOVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Materials to be removed. Topsoil to be used as topdressing shall be removed in
				a separate layer from the areas to be disturbed, unless use of substitute or
				supplemental materials is approved by the director in accordance with
				Subsection E of 19.8.20.2005 NMAC. If use of substitute or supplemental
				materials is approved, all materials to be redistributed shall be
				removed.
B. Material to be removed
				in thin topsoil situations. If the topsoil to be used as topdressing is less
				than 6 inches, a 6-inch layer that includes the A horizon and the suitable
				unconsolidated materials immediately below the A horizon or the A horizon and
				all suitable unconsolidated material if the total available is less than 6
				inches, shall be removed and the mixture segregated and redistributed as the
				surface soil layer, unless topsoil substitutes are approved by the director
				pursuant to Subsection E of 19.8.20.2005 NMAC.
C. Timing. If topsoil is to be removed, then
				it shall be removed from areas to be affected by surface operations or major
				structures, after vegetative cover that would interfere with the use of the
				topsoil is cleared from portions of those areas that will be disturbed, but
				before any drilling for blasting, mining, or other surface disturbance of
				surface lands.
D. Subsoil
				segregation. The B horizon and portions of the C horizon, if these horizons are
				present, or other underlying layers demonstrated to have qualities for
				comparable root development shall be removed and replaced as subsoil, if the
				director determines that either of these is necessary or desirable to ensure
				soil productivity consistent with the approved postmining land use.
E. Topsoil substitutes and supplements.
(1) Selected overburden materials may be
				substituted for or used as a supplement to topsoil, if the director determines
				that the resulting soil medium is equal to or more suitable for sustaining
				vegetation than is the available topsoil and the substitute material is the
				best available to support vegetation. This determination shall be based on:
(a) the results of chemical and physical
				analyses of overburden and topsoil. These analyses shall include determinations
				of pH, net acidity or alkalinity, available phosphorus and potassium, texture
				class and other analyses as required by the director. The director may also
				require that results of field-site trials or greenhouse tests be used to
				demonstrate the feasibility of using these overburden materials.
(b) Methodologies and results of analyses,
				trials or tests which demonstrate that the proposed substitute material is
				equal to or more suitable for reclamation and revegetation than is the
				available topsoil shall be certified by a qualified professional and shall be
				submitted to the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2006 - TOPDRESSING: STORAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Topdressing removed under 19.8.20.2005 NMAC shall be stockpiled only when it is
				impractical to promptly redistribute such materials on regraded
				areas.
B. Stockpiled materials
				shall be selectively placed on a stable area within the permit area, not
				disturbed, and protected from wind and water erosion, unnecessary compaction,
				and contaminants which lessen the capability of the materials to support
				vegetation when redistributed.
(1) Protection
				measures shall be accomplished either by:
(a)
				an effective cover of non-noxious, quick-growing annual and perennial plants,
				seeded or planted during the first normal period after removal for favorable
				planting conditions; or
(b) other
				methods demonstrated to and approved by the director to provide equal
				protection.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2007 - TOPDRESSING: REDISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After final grading and before the replacement of topdressing, regraded land
				shall be scarified or otherwise treated as required by the director to
				eliminate slippage surfaces and to promote root penetration. If the person who
				conducts the surface coal mining operations shows, through appropriate tests,
				and the director approves, that no harm will be caused to the topdressing and
				vegetation, scarification may be conducted after the placement of
				topdressing.
B. Topdressing shall
				be redistributed in a manner that:
(1)
				achieves an approximate uniform, stable thickness consistent with the approved
				postmining land uses, contours, and surface water drainage system;
(2) prevents excess compaction of
				topdressing; and
(3) protects the
				topdressing from wind and water erosion before and after it is seeded and
				planted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2008 - TOPDRESSING: NUTRIENTS AND SOIL AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Nutrients and soil amendments in the amount determined by
				  soil tests shall be applied to the redistributed topdressing, so that it
				  supports the approved postmining land use and meets the revegetation
				  requirements of 19.8.20.2060 through 2066 NMAC. All soil analyses shall be
				  performed by a qualified state approved laboratory using standard methods
				  approved by the director. Methods and results from topdressing analyses shall
				  be submitted to the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2009 - HYDROLOGIC BALANCE: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surface coal mining operations shall be
				planned and conducted to minimize changes to the prevailing hydrologic balance
				in both the permit and adjacent areas and prevent material damage outside of
				the permit area in order to prevent adverse changes in that balance that could
				result from those operations.
B.
				Changes in water quality and quantity, in depth to ground water, and in the
				location of surface water drainage channels shall be minimized so that the
				approved postmining land use of the permit area is not adversely
				affected.
C. In no case shall
				federal and state water quality statutes, regulations, standards, or effluent
				limitations be violated.
D.
				Operations shall be conducted to minimize water pollution and, where necessary,
				sediment ponds or other treatment facilities shall be used to control water
				pollution.
(1) Each person who conducts
				surface coal mining operations shall emphasize mining and reclamation practices
				that prevent or minimize water pollution. Methods listed in Paragraphs (2) and
				(3) of Subsection D of 19.8.20.2009 NMAC shall be capable of containing or
				treating all surface flow from the disturbed areas and shall be used in
				preference to the use of sediment ponds or water treatment
				facilities.
(2) Acceptable
				practices to control sediment and minimize water pollution include, but are not
				limited to:
(a) stabilizing disturbed areas
				through land shaping, berming, contour furrowing or regrading to final
				contour;
(b) diverting
				runoff;
(c) achieving quickly
				germinating and growing stands of temporary vegetation;
(d) regulating channel velocity of
				water;
(e) lining drainage channels
				with rock or revegetation;
(f)
				mulching;
(g) selectively placing
				and sealing acid-forming and toxic-forming materials; and
(h) selectively placing waste materials in
				backfill areas.
(3) In
				addition, unless demonstrated to the director otherwise, all acceptable
				practices for controlling and minimizing water pollution at underground mines
				shall include, but not be limited to:
(a)
				designing mines to prevent gravity drainage of acid waters;
(b) sealing all underground mine
				openings;
(c) controlling
				subsidence; and
(d) preventing acid
				mine drainage.
(4) If
				the practices listed in Paragraph (2) of Subsection D of 19.8.20.2009 NMAC are
				not adequate to meet the requirements of Paragraph (1) of Subsection D of
				19.8.20.2009 NMAC, the person who conducts surface coal mining operations shall
				comply with the requirements of 19.8.20.2010 NMAC, unless the director issues a
				waiver under Subsection E of 19.8.20.2009 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2012 - HYDROLOGIC BALANCE: STREAM CHANNEL DIVERSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Diversions from perennial and intermittent
				streams within the permit area shall be approved by the director, if he finds
				that the diversions comply with:
(1) the
				requirements of Subsection A of 19.8.20.2025 NMAC and Subsection A of
				19.8.20.2011 NMAC;
(2) local, state
				and federal statutes and regulations; and
(3) The diversion will not impair water
				quantity and quality and will not adversely affect related environmental
				resources of the stream.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2013 - HYDROLOGIC BALANCE: SEDIMENT CONTROL MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appropriate sediment control measures
				shall be designed, constructed, and maintained using the best technology
				currently available to:
(1) prevent, to the
				extent possible, additional contributions of sediment to streamflow or to
				runoff outside the permit area;
(2)
				meet the more stringent of applicable state or federal effluent limitations;
				and
(3) minimize erosion to the
				extent possible.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2014 - HYDROLOGIC BALANCE: SEDIMENTATION PONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When required under 19.8.20.2010 NMAC
				sedimentation ponds shall be used individually or in series and shall:
(1) be constructed and certified before any
				disturbance of the undisturbed area to be drained into the pond and, in
				addition, for underground mines prior to any discharge of water to surface
				waters from underground mine workings.
(2) be located as near as possible to the
				disturbed area and out of perennial streams, unless approved by the
				director.
(3) meet all the criteria
				of 19.8.20 NMAC.
(4) be certified
				to the director by a qualified registered professional engineer as having been
				constructed as designed and approved in the permit. Sediment ponds that do not
				meet the size or other criteria of
				30
				CFR 77.216(a) shall be
				certified by either a qualified registered professional engineer or qualified
				registered professional land surveyor.
(5) be designed, constructed, maintained and
				inspected in accordance with 19.8.20.2017 NMAC.
(6) be maintained until removal is authorized
				by the director and the disturbed area has been stabilized and
				revegetated.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2015 - HYDROLOGIC BALANCE: DISCHARGE STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
Discharge from sedimentation ponds, permanent and temporary
				  impoundments, coal processing waste dams and embankments, and diversions shall
				  be controlled, by energy dissipators, riprap channels, and other devices, where
				  necessary, to reduce erosion, to prevent deepening or enlargement of stream
				  channels, and to minimize disturbance of the hydrologic balance. Discharge
				  structures shall be designed according to standard engineering design
				  procedures.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2016 - HYDROLOGIC BALANCE: ACID-FORMING AND TOXIC-FORMING SPOIL

Current through Register Vol. 35, No. 13, July 16, 2024
Drainage from acid-forming and toxic-forming spoil into
				  ground and surface water shall be avoided by:
A. identifying, burying, and treating where
				necessary, spoil which, in the judgment of the director, may be detrimental to
				vegetation or may adversely affect water quality if not treated or
				buried;
B. preventing water from
				coming into contact with acid-forming and toxic-forming spoil in accordance
				with 19.8.20.2056 NMAC, and other measures as required by the director;
				and
C. burying or otherwise
				treating all acid-forming or toxic-forming spoil within 30 days after it is
				first exposed on the mine site, or within a lessor period required by the
				director. Temporary storage of the spoil may be approved by the director upon a
				finding that burial or treatment within 30 days is not feasible and will not
				result in any material risk of water pollution or other environmental damage.
				Storage shall be limited to the period until burial or treatment first becomes
				feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on
				impermeable material and protected from erosion and contact with surface
				water.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2017 - HYDROLOGIC BALANCE: PERMANENT AND TEMPORARY IMPOUNDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permanent impoundments are prohibited
				unless authorized by the director, upon the basis of the following
				demonstrations:
(1) the size and
				configuration of such impoundment will be adequate for its intended
				purposes;
(2) the quality of
				impounded water will be suitable on a permanent basis for its intended use and,
				after reclamation, will meet applicable state and federal water quality
				standards, and discharges from the impoundment will meet applicable effluent
				limitations and will not degrade the quality of receiving water below
				applicable state and federal water quality standards;
(3) the water level will be sufficiently
				stable and be capable of supporting the intended use;
(4) final grading will provide for adequate
				safety and access for proposed water users;
(5) the impoundment will not result in the
				diminution of the quality and quantity of water utilized by adjacent or
				surrounding landowners for agricultural, industrial, recreational, or domestic
				uses; and
(6) the impoundment will
				be suitable for the approved postmining land use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2018 - HYDROLOGIC BALANCE: GROUND WATER PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Backfilled materials shall be placed so as
				to minimize contamination of ground water systems with acid, toxic, or
				otherwise harmful mine drainage, to minimize adverse effects of mining on
				ground water systems outside the permit area, and to support approved
				postmining land uses.
B. To control
				the effects of mine drainage, pits, cuts and other mine excavation or
				disturbances shall be located, designed, constructed, and utilized in such
				manner as to prevent or control discharge of acid, toxic, or otherwise harmful
				mine drainage waters into ground water systems and to prevent adverse impacts
				on such ground water systems or on approved postmining land uses.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2019 - HYDROLOGIC BALANCE: PROTECTION OF GROUND WATER RECHARGE CAPACITY

Current through Register Vol. 35, No. 13, July 16, 2024
Surface mining activities shall be conducted in a manner that
				  facilitates reclamation which will restore approximate premining recharge
				  capacity, through restoration of the capability of the reclaimed areas as a
				  whole, excluding coal processing waste and underground development waste
				  disposal areas and fills, to transmit water to the ground water system. The
				  recharge capacity shall be restored to a condition which:
A. supports the approved postmining land
				use;
B. minimizes disturbances to
				the prevailing hydrologic balance in the permit area and in adjacent areas;
				and
C. provides a rate of recharge
				that approximates the premining recharge rate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2021 - HYDROLOGIC BALANCE: TRANSFER OF WELLS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An exploratory or monitoring well may be
				transferred by the person who conducts surface coal mining operations for
				further use as a water well with the prior approval of the director and with
				such approval as is otherwise required by the state engineer. That person and
				the surface owner of the lands where the well is located shall jointly submit a
				written request to the director for that approval.
B. Upon an approved transfer of a well, the
				transferee shall:
(1) assume primary liability
				for damages to persons or property from the well;
(2) plug the well when necessary, but in no
				case later than abandonment of the well; and
(3) assume primary responsibility for
				compliance with 19.8.20.2001 through 2003 NMAC with respect to the
				well.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2022 - HYDROLOGIC BALANCE: WATER RIGHTS AND REPLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who conducts surface coal mining operations shall
				  comply with any water replacement plan approved by the state engineer under the
				  Mine Dewatering Act, and shall also comply with applicable statutes and
				  regulations administered by the state engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2023 - HYDROLOGIC BALANCE: DISCHARGE OF WATER INTO AN UNDERGROUND MINE

Current through Register Vol. 35, No. 13, July 16, 2024
Water from the surface or from an underground mine shall not
				  be diverted or otherwise discharged into other underground mine workings,
				  unless the person who conducts the surface coal mining operations demonstrates
				  to the director that this will:
A.
				abate water pollution or otherwise eliminate public hazards resulting from
				surface coal mining operations; and
B. be discharged as a controlled flow,
				meeting the effluent limitations of 19.8.20.2010 NMAC for pH and total
				suspended solids, except that the pH and total suspended solid limitations may
				be exceeded, if approved by the director and is limited to:
(1) coal processing waste;
(2) fly ash from a coal-fired
				facility;
(3) sludge from an acid
				mine drainage treatments facility;
(4) flue gas desulfurization
				sludge;
(5) inert materials used
				for stabilizing underground mines; or
(6) underground mine development
				wastes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2024 - HYDROLOGIC BALANCE: POSTMINING REHABILITATION OF SEDIMENTATION PONDS, DIVERSIONS, IMPOUNDMENTS AND TREATMENT FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Before abandoning the permit area, the person who conducts
				  the surface coal mining operations shall renovate all permanent sedimentation
				  ponds, diversions, impoundments, and treatment facilities to meet criteria
				  specified in the detailed design plan for the permanent structures and
				  impoundments.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2025 - HYDROLOGIC BALANCE: STREAM BUFFER ZONES

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2026 - HYDROLOGIC BALANCE: UNDERGROUND MINE ENTRY AND ACCESS DISCHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surface entries
				and accesses to underground workings, including adits and slopes, shall be
				located, designed, constructed, and utilized to prevent or control gravity
				discharge of water from the mine.
B. Gravity discharge of water from an
				underground mine, other than a drift mine subject to Subsection C of
				19.8.20.2026 NMAC, may be allowed by the director, if it is demonstrated that:
(1) in the case of an untreated discharge:
(a) the discharge, without treatment,
				satisfies the water effluent limitations of 19.8.20.2010 NMAC and all
				applicable state and federal water quality standards; and
(b) that discharge will result in changes in
				the prevailing hydrologic balance that are minimal and approved postmining land
				uses will not be adversely affected; or
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2027 - COAL RECOVERY

Current through Register Vol. 35, No. 13, July 16, 2024
Surface coal mining operations shall be conducted so as to
				  maximize the utilization and conservation of the coal while maintaining
				  environmental integrity so that reaffecting the land in the future through
				  surface mining operations is minimized.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2028 - USE OF EXPLOSIVES: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each operator shall comply with all
				applicable state and federal laws in the use of explosives.
B. Blasts that use more than 5 lbs. of
				explosive or blasting agent shall be conducted according to the schedule
				required by 19.8.20.2030 NMAC.
C.
				Blasters.
(1) No later than twelve (12)
				months after the blaster certification program required by 19.8.33 NMAC of
				these regulations has been approved pursuant to 30 CFR Chapter VII, Subchapter
				C, all blasting operations in surface coal mining operations shall be conducted
				under the direction of a certified blaster. Before that time, all such blasting
				operations shall be conducted by competent, experienced persons who understand
				the hazards involved.
(2)
				Certificates of blaster certification shall be carried by blasters or shall be
				on file at the permit area during blasting operations.
(3) A blaster and at least one other person
				shall be present at the firing of a blast.
(4) Any blaster who is responsible for
				conducting blasting operations at a blasting site shall:
(a) be familiar with the blasting plan and
				site-specific performance standards; and
(b) give direction and on-the-job training to
				persons who are not certified and who are assigned to the blasting crew or
				assist in the use of explosives.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2029 - USE OF EXPLOSIVES: PRE-BLASTING SURVEY

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least 30 days before initiation of
				blasting, the operator shall notify, in writing, all residents or owners of
				dwellings or other structures located within 1/2 mile of the permit area how to
				request a preblasting survey.
B. A
				resident or owner of a dwelling or structure with 1/2 mile of any part of the
				permit area may request a preblasting survey. This request shall be made, in
				writing, directly to the operator or to the director, who shall promptly notify
				the operator. The operator shall promptly conduct a preblasting survey of the
				dwelling or structure and promptly prepare a written report of the survey. An
				updated survey of any additions, modifications, or renovations shall be
				performed by the operator if requested by the resident or owner.
C. The operator shall determine the condition
				of the dwelling or structure and shall document any preblasting damage and
				other physical factors that could reasonably be affected by the blasting.
				Structures such as pipelines, cables, transmission lines, and cisterns, wells,
				and other water systems warrant special attention; however, the assessment of
				these structures may be limited to surface conditions and other readily
				available data.
D. The written
				report of the survey shall be signed by the person who conducted the survey.
				Copies of the report shall be promptly provided to the director and to the
				person requesting the survey. If the person requesting the survey disagrees
				with the contents and/or recommendations contained therein, he may submit to
				both the operator and the director a detailed description of the specific areas
				of disagreement.
E. Any surveys
				requested more than 10 days before the planned initiation of blasting shall be
				completed by the operator before the initiation of blasting.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2030 - USE OF EXPLOSIVES: BLASTING SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
A. General requirements.
(1) The operator shall conduct blasting
				operations at times approved by the director and announced in the blasting
				schedule. The director may limit the area covered, timing, and sequence of
				blasting as listed in the schedule, if such limitations are necessary and
				reasonable in order to protect the public health and safety or
				welfare.
(2) All blasting shall be
				conducted between sunrise and sunset, unless nighttime blasting is approved by
				the director based upon a showing by the operator that the public will be
				protected from adverse noise and other impacts. The director may specify more
				restrictive time periods for blasting.
(3) Unscheduled blasts may be conducted only
				where public or operator health and safety so require and for emergency
				blasting actions. When an operator conducts an unscheduled blast, the operator,
				using audible signals, shall notify residents within 1/2 mile of the blasting
				site and document the reason for the unscheduled blast in accordance with
				19.8.20.2033 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2031 - USE OF EXPLOSIVES: BLASTING SIGNS, WARNINGS AND ACCESS CONTROL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Blasting signs.
				Blasting signs shall meet the specifications of Subsections A and B of
				19.8.20.2000 NMAC. The operator shall:
(1)
				conspicuously place signs reading "Blasting Area" along the edge of any
				blasting area that comes within 100 feet of any public road right-of-way, and
				at the point where any other road provides access to the blasting area;
				and
(2) at all entrances to the
				permit area from public roads or highways, place conspicuous signs which state
				"Warning! Explosives in Use," which clearly list and describe the meaning of
				the audible blast warning and all-clear signals that are in use, and which
				explain the marking of blasting areas and charged holes awaiting firing within
				the permit area.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2032 - USE OF EXPLOSIVES: CONTROL OF ADVERSE EFFECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General requirements. Blasting shall be
				conducted to prevent injury to persons, damage to public or private property
				outside the permit area, adverse impacts on any underground mine, and change in
				the course, channel, or availability of surface or ground water outside the
				permit area.
B. Airblasts.
(1) Limits.
(a) Airblast shall not exceed the maximum
				limits listed below at the location of any dwelling, public building, school,
				church, or community or institutional building outside the permit area, except
				as provided in Subsection E of 19.8.20.2032 NMAC.
Lower frequency limit Maximum Level,
of measuring system, in Hz (± 3 dB) in
				  dB
0.1 Hz or lower--flat response1
					 134 peak.
2 Hz or lower--flat response 133 peak.
6 Hz or lower--flat response 129 peak.
C - weighted--slow response1 105
				  peak dBC.
1Only when approved by the
				  director.
(b) If necessary
				to prevent damage, the director shall specify lower maximum allowable airblast
				levels than those of Subparagraph (a) of Paragraph (1) of Subsection B of
				19.8.20.2032 NMAC for use in the vicinity of a specific blasting
				operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2033 - USE OF EXPLOSIVES: RECORDS OF BLASTING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The operator shall retain a record of all blasts for at least
				  3 years. Upon request, copies of these records shall be made available to the
				  director and to the public for inspection. Such records shall contain the
				  following data:
A. name of the
				operator conducting the blast;
B.
				location, date, and time of the blast;
C. name, signature, and certification number
				of the blaster conducting the blast;
D. identification, direction, and distance,
				in feet, from the nearest blast hole to the nearest dwelling, public building,
				school, church, community or institutional building outside the permit area,
				except those described in Subsection E of 19.8.20.2032 NMAC;
E. weather conditions, including those which
				may cause possible adverse blasting effects;
F. type of material blasted;
G. sketches of the blast pattern, including
				number of holes, burden, spacing, decks, and delay patterns;
H. diameter and depth of holes;
I. types of explosives used;
J. total weight of explosives used per
				hole;
K. the maximum weight of
				explosives detonated in an 8-millisecond period;
L. initiation system;
M. type and length of stemming;
N. mats or other protection used;
O. seismographic and airblast records, if
				required, which shall include:
(1) type of
				instrument, sensitivity, and calibration signal or certification of annual
				calibration;
(2) exact location of
				instrument and the date, time, and distance from the blast;
(3) name of the person and firm taking the
				reading;
(4) name of the person and
				firm analyzing the seismographic record; and
(5) the vibration and/or airblast level
				recorded;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2034 - DISPOSAL OF EXCESS SPOIL: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Spoil not required to achieve the
				approximate original contour within the area where overburden has been removed
				shall be hauled or conveyed to and placed in designated disposal areas within a
				permit area, if the disposal areas are authorized for such purposes in the
				approved permit application in accordance with 19.8.20.2034 through 2037 NMAC.
				The spoil shall be placed in a controlled manner to ensure:
(1) that leachate and surface runoff from the
				fill will not degrade surface or ground waters or exceed the effluent
				limitations of 19.8.20.2010 NMAC;
(2) stability of the fill; and
(3) that the land mass designated as the
				disposal area is suitable for reclamation and revegetation compatible with the
				natural surroundings.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2035 - DISPOSAL OF EXCESS SPOIL: VALLEY FILLS

Current through Register Vol. 35, No. 13, July 16, 2024
Valley fills shall meet all of the requirements of
				  19.8.20.2034
				  NMAC and the additional requirements of 19.8.20 NMAC.
A. The fill shall be designed to attain a
				long-term static safety factor of 1.5 based upon data obtained from subsurface
				exploration, geotechnical testing, foundation design, and accepted engineering
				analyses.
B. Unless the director
				finds that a subdrainage system is not required for environmental protection, a
				subdrainage system for the fill shall be constructed in accordance with the
				following:
(1) A system of underdrains
				constructed of durable rock shall meet the requirements of Paragraph (4) of
				Subsection B of 19.8.20.2035 NMAC and:
(a) be
				installed along the natural drainage system;
(b) extend from the toe to the head of the
				fill; and
(c) contain lateral
				drains to each area of potential drainage or seepage.