reglab/statecodes huggingface dataset:
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 19.8.8.802 - DESCRIPTION OF HYDROLOGY AND GEOLOGY: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each application
				shall contain a description of the geology, and water quality and quantity of
				all lands within the proposed permit area and the adjacent area. The
				description shall include information on the characteristics of all surface and
				ground waters within the permit and adjacent area, and any water, which will
				flow into or receive discharges of water from the permit area. The description
				shall be prepared according to 19.8.8.802 through 806 NMAC and conform to the
				following:
(1) information on hydrology,
				water quality and quantity, and geology related to hydrology of areas outside
				the proposed permit area shall be provided to the director, to the extent that
				this data is available from an appropriate federal or state agency.
(2) If this information is not available from
				those agencies, the applicant shall gather and submit this information to the
				director as part of the permit application.
(3) The permit shall not be approved by the
				director until this information is made available in the application.
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 19.8.8.804 - GROUND WATER INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The application shall contain a description, including appropriate maps, cross
				sections, and written statements, of the ground water hydrology for the
				proposed permit and adjacent areas including:
(1) the depth below the surface and the
				horizontal extent of the water table and aquifers;
(2) the lithology and thickness of the
				aquifers;
(3) known uses of the
				water in the aquifers and water table; and
(4) the quality of subsurface water, if
				encountered.
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 19.8.8.805 - SURFACE WATER INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Surface water information shall contain appropriate maps, cross-sections,
				charts and written-statements, including the name of the watershed which will
				receive water discharges, the water discharge into any surface body of water,
				and descriptions of surface drainage systems sufficient to identify, in detail,
				the seasonal variations in water quantity and quality within the proposed
				permit and adjacent areas.
B.
				Surface water information shall include:
(1)
				minimum, maximum, and average discharge conditions which identify critical low
				flow and peak discharge rates of streams sufficient to identify seasonal
				variations; and
(2) water quality
				data to identify the characteristics of surface waters in, discharging into, or
				which will receive flows from surface or ground water from affected areas
				within the proposed permit area, sufficient to identify seasonal variations,
				showing:
(a) total dissolved solids in
				milligrams per liter;
(b) total
				suspended solids in milligrams per liter;
(c) acidity;
(d) pH in standard units;
(e) total and dissolved iron in milligrams
				per liter;
(f) total manganese in
				milligrams per liter; and
(g) such
				other information as the director determines is relevant.
(3) All water-quality analyses performed to
				meet the requirements of this section shall be conducted according to the
				methodology in the 15th edition of "standard methods for the examination of
				water and wastewater," which is incorporated by reference, or the methodology
				in 40 CFR Parts 136 and 434. Water quality sampling performed to meet the
				requirement of this section shall be conducted according to either methodology
				listed above when feasible.
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 19.8.8.806 - ALTERNATIVE WATER SUPPLY INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The application shall identify the extent to which the
				  proposed surface coal mining operations may proximately result in
				  contamination, diminution, or interruption of an underground or surface source
				  of water within the proposed permit or adjacent areas for domestic,
				  agricultural, industrial, or other legitimate use. If contamination,
				  diminution, or interruption may result, then the description shall identify the
				  alternative sources of water supply that could be developed to replace the
				  existing sources.
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 19.8.8.807 - CLIMATOLOGICAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				application shall contain a statement of the climatological factors that are
				representative of the proposed permit area, including:
(1) the average monthly and seasonal
				precipitation;
(2) the average
				direction and velocity of prevailing winds;
(3) seasonal temperature ranges;
				and
(4) a plan for collection of
				climatological data throughout the operator's period of
				responsibility.
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

Current through Register Vol. 35, No. 13, July 16, 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.
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 19.8.8.809 - FISH AND WILDLIFE RESOURCES INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each application shall include a study of
				fish and wildlife and their habitats within the proposed permit area and the
				portions of the adjacent areas where effects on such resources may reasonably
				be expected to occur.
B. The
				applicant in consultation with the appropriate state and federal fish and
				wildlife management, conservation, or land management agencies having
				responsibilities for fish and wildlife or their habitats, shall propose the
				level of detail and the areas of such studies, after consideration of:
(1) published data and other
				information;
(2) site-specific
				information obtained by the applicant; and
(3) guidance obtained from agencies
				consulted.
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 19.8.8.810 - SOIL RESOURCES INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant shall provide adequate soil
				survey information of the 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 consisting of the following:
(1) a map delineating different
				soils;
(2) soil
				identification;
(3) soil
				descriptions; and
(4) present and
				potential productivity of existing soils.
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 19.8.8.811 - LAND-USE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				application shall contain a statement of the condition, capability, and
				productivity of the land within the proposed permit area for surface mining
				activities or for underground mining activities the area which will be affected
				within the permit area by surface operations and facilities, including:
(1) a map and supporting narrative of the
				uses of the land existing at the time of the filing of the application. If the
				premining use of the land was changed within 5 years before the anticipated
				date of beginning the proposed operations, the historic use of the land shall
				also be described.
(2) a narrative
				of land capability and productivity, which analyzes the land-use description
				under Subsection A of 19.8.8.811 NMAC in conjunction with other environmental
				resources information required under this part. The narrative shall provide
				analyses of:
(a) the capability of the land
				before any mining to support a variety of uses, giving consideration to soil
				and foundation characteristics, topography, vegetative cover and the hydrology;
				and
(b) the productivity of the
				proposed permit area for surface mining activities or for underground mining
				activities, the area proposed to be affected within the permit area by surface
				operations and facilities before mining, expressed as average yield of food,
				fiber, forage, or wood products from such lands obtained under proper levels of
				management. The productivity shall be determined by yield data or estimates for
				similar sites based on current data from the U.S. department of agriculture,
				state agricultural universities or appropriate state natural resource or
				agricultural agencies.
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 19.8.8.812 - MAPS: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The permit application shall include maps showing:
A. all boundaries of land and names of
				present owners of record of those lands, both surface and subsurface, included
				in the permit area and where available the present owners of record of lands
				contiguous to the permit area;
B.
				the boundaries of land within the proposed permit area upon which the applicant
				has the legal right to enter and begin surface coal mining
				operations;
C. the boundaries of
				all areas proposed to be affected over the estimated total life of the proposed
				surface coal mining operations, with a description of size, sequence, and
				timing of the mining of sub-areas for which it is anticipated that additional
				permits will be sought;
D. the
				location of all dwellings and structures, and names of present owners of record
				and residents of those dwellings and structures, on and within one-half mile
				(2640 feet) of the proposed permit area, with identification of the current use
				of the buildings;
E. the location
				of surface and subsurface man-made features within, passing through, or passing
				over the proposed permit area, including, but not limited to major electric
				transmission lines, pipelines, and agricultural drainage tile fields;
F. the location, vegetative type, and size of
				any proposed reference areas for determining the success of
				revegetation;
G. the locations of
				water supply intakes for current users of surface water flowing into, out of,
				and within the permit area and those surface waters which will receive
				discharges from affected areas in the proposed permit area;
H. each public road located in or within 100
				feet of the proposed permit area;
I. the boundaries of any public park and
				locations of any cultural or historical resources listed or eligible for
				listing in the national register of historic places and known archaeological
				sites within the permit or adjacent areas.
J. each cemetery, known grave site, or
				unmarked burial ground located in or within 100 feet of the proposed permit
				area;
K. any land within the
				proposed permit area and adjacent area which is within the boundaries of any
				units of the national system of trails of the wild scenic rivers system,
				including study rivers designated under Section 5(a) of the Wild and Scenic
				Rivers Act; and
L. other relevant
				information required by the director.
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 19.8.8.813 - CROSS SECTIONS, MAPS AND PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The application shall include cross sections, maps and plans
				  showing:
A. elevations and locations
				of test borings and core samplings;
B. elevations and locations of monitoring
				stations used to gather data for water quality and quantity, fish and wildlife,
				and air quality if required, in preparation of the application;
C. nature, depth, and thickness of the coal
				seams to be mined, any coal or rider seams above the seam to be mined, each
				stratum of the overburden and the stratum immediately below the lowest coal
				seam to be mined;
D. all coal crop
				lines and the strike and dip of the coal to be mined within the proposed permit
				area;
E. location and extent of
				known workings of active, inactive, or abandoned underground mines, including
				mine openings to the surface within the proposed permit and adjacent
				areas;
F. location and extent of
				sub-surface water, if encountered, within the proposed permit or adjacent
				area;
G. location of surface water
				bodies such as streams, lakes, ponds, springs, constructed or natural drains
				and irrigation ditches within the proposed permit and adjacent areas;
H. location and extent of existing or
				previously surface mined areas within the proposed permit area;
I. location and dimensions of existing areas
				of spoil, waste, and non-coal waste disposal, dams, embankments, other
				impoundments and water treatment and air pollution control facilities within
				the proposed permit area;
J.
				location and depth if available, of gas and oil wells within the proposed
				permit area and water wells in the permit and adjacent areas;
K. the existing land surface configuration of
				the proposed permit area on contour maps of a maximum of 5 foot contour
				intervals;
L. Maps, plans, and
				cross sections included in a permit application which are required by this
				section shall be prepared by or under the direction of and certified by a
				qualified professional geologist or a registered professional engineer, with
				assistance from experts in related fields such as land surveying reclamation or
				mined land rehabilitation and shall be updated as required by the
				director.
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 19.8.8.814 - PRIME FARMLAND INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The applicant shall conduct a
				pre-application investigation of the proposed permit area to determine whether
				lands within the area may be prime farmland. The director in consultation with
				U.S. natural resources conservation service shall determine the nature and
				extent of the required reconnaissance investigation.
B. Land shall not be considered prime
				farmland where the applicant can demonstrate one of the following:
(1) the land has not been historically used
				as cropland;
(2) the slope of the
				land is 10 percent or greater;
(3)
				the land is not irrigated or naturally subirrigated, has no developed water
				supply that is dependable or of adequate quality, and the average annual
				precipitation is 14 inches or less;
(4) other factors exist, such as a very rocky
				surface, or the land is frequently flooded during the growing season, more
				often than once in 2 years, and the flooding has reduced crop yields;
				or
(5) on the basis of a soil
				survey of lands within the permit area, there are no soil map units that have
				been designated prime farmland by the U.S. natural resources conservation
				service.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.2 - 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 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.3 - 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 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.5 - 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 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.6 - 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 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.7 - 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 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.900 - OPERATION PLAN: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each application shall contain a description of the mining
				  operations proposed to be conducted within the proposed permit area including,
				  at a minimum, the following:
A. a
				narrative description of the type and method of coal mining procedures and
				proposed engineering techniques, anticipated annual and total production of
				coal, by tonnage, and the major equipment to be used for all aspects of those
				operations; and
B. a narrative
				explaining the construction, modification, use, maintenance, and removal of the
				following facilities (unless retention of such facilities is necessary for
				postmining land use as specified in 19.8.20.2075 NMAC:
(1) dams, embankments, and other
				impoundments;
(2) overburden and
				topdressing handling and storage areas and structures;
(3) coal removal, handling, storage,
				cleaning, and transportation areas and structures;
(4) spoil, coal processing waste, and
				non-coal waste removal, handling, storage, transportation, and disposal areas
				and structures;
(5) mine
				facilities; and
(6) water and air
				pollution control facilities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.901 - OPERATION PLAN: EXISTING STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each application shall contain a
				description of each existing structure proposed to be used in connection with
				or to facilitate the surface coal mining and reclamation operation. The
				description shall include:
(1)
				location;
(2) plans of the
				structure which describe its current condition;
(3) approximate dates on which construction
				of the existing structure was begun and completed; and
(4) a showing, including relevant monitoring
				data or other evidence, whether the structure meets the performance standards
				of 19.8.19 through 19.8.28 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.902 - OPERATION PLAN: BLASTING

Current through Register Vol. 35, No. 13, July 16, 2024
Each application shall contain a blasting plan for the
				  proposed permit area, explaining how the applicant intends to comply with the
				  requirements of 19.8.20.2028 through 2033 NMAC and including the
				  following:
A. types and approximate
				amounts of explosive to be used for each type of blasting operation to be
				conducted;
B. description of
				procedures and plans for recording and retention of information on the
				following during blasting:
(1) drilling
				patterns, including size, number, depths, and spacing of holes;
(2) charge and packing of holes;
(3) types of fuses and detonation controls;
				and
(4) sequence and timing of
				firing holes;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.903 - OPERATION PLAN: MAPS AND PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
Each application shall contain maps and plans of the proposed
				  permit area and adjacent areas as follows:
A. the maps and plans shall show the
				underground mining activities to be conducted, if any, the lands proposed to be
				affected throughout the surface coal mining operations and any change in a
				facility or feature to be caused by the proposed operations, if the facility or
				feature was shown under 19.8.8.812 and 813 NMAC;
B. the following shall be shown for the
				proposed permit area unless specifically required for the adjacent area by the
				director:
(1) buildings, utility corridors
				and facilities to be used;
(2) the
				area of land to be affected within the proposed permit area, according to the
				sequence of mining and reclamation;
(3) each area of land for which a performance
				bond or other equivalent guarantee will be posted under 19.8.14 NMAC;
(4) each coal storage, cleaning and loading
				area;
(5) each topdressing, spoil,
				coal waste, and non-coal waste storage area;
(6) each water diversion, collection,
				conveyance, treatment, storage, and discharge facility to be used;
(7) each air pollution collection and control
				facility, if any;
(8) each source
				of waste and each waste disposal facility relating to coal processing or
				pollution control;
(9) each
				facility to be used to protect and enhance fish and wildlife and related
				environmental values;
(10) each
				explosive storage and handling facility;
(11) location of each sedimentation pond,
				permanent water impoundment, coal processing waste bank, and coal processing
				waste dam and embankment, in accordance with 19.8.9.909 NMAC, and fill area for
				the disposal of excess spoil in accordance with 19.8.9.914 NMAC;
(12) each profile, at cross-sections
				specified by the director of the anticipated final surface configuration to be
				achieved for the affected areas;
(13) location of each water monitoring
				point;
(14) location of each
				facility that will remain on the proposed permit area as a permanent feature
				after the completion of surface coal mining operations; and
(15) in addition to the above, underground
				mines shall indicate the location of each subsidence monitoring
				point.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.904 - AIR POLLUTION CONTROL PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. For all surface coal mining operations
				with projected production rates exceeding 1,000,000 tons of coal per year, the
				application shall contain an air pollution control plan which includes the
				following:
(1) an air quality monitoring
				program to provide sufficient data to evaluate the effectiveness of the
				fugitive dust control practices proposed under Paragraph (2) of Subsection A of
				19.8.9.904 NMAC to comply with federal and state air quality standards;
				and
(2) a plan for fugitive dust
				control practices as required under 19.8.20.2050 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.905 - FISH AND WILDLIFE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
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;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.907 - RECLAMATION PLAN: PROTECTION OF HYDROLOGIC BALANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each plan shall contain a detailed
				description, with appropriate maps and cross section drawings, of the measures
				to be taken during and after the proposed surface coal mining operations, in
				accordance with 19.8.20 NMAC, to ensure the protection of:
(1) the quality of surface and ground water
				systems, both within the proposed permit and adjacent areas, from the adverse
				effects of the proposed surface coal mining operations;
(2) the rights of present users of surface
				and ground water;
(3) the quantity
				of surface and ground water both within the proposed permit area and adjacent
				area from adverse effects of the proposed surface coal mining operations, or to
				provide alternative sources of water in accordance with 19.8.8.806 and
				19.8.20.2022 NMAC, where the protection of quantity cannot be ensured;
				and
(4) water quality by locating
				openings for underground mines in accordance with 19.8.20.2026 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.908 - RECLAMATION PLAN: POSTMINING LAND USES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each plan shall contain a detailed
				description of the proposed use, following reclamation of the land within the
				proposed permit area for surface mining activities or for underground mining
				activities, the areas to be affected within the proposed permit area by surface
				operations or facilities, including a discussion of the utility and capacity of
				the reclaimed land to support a variety of alternative uses, and the
				relationship of the proposed use to existing land use policies and plans. This
				description shall explain:
(1) how the
				proposed postmining, land use is to be achieved and the necessary support
				activities which may be needed to achieve the proposed land use;
(2) for surface mining activities, where
				range or grazing is the proposed postmining use, the detailed management plans
				to be implemented;
(3) where a land
				use different from the pre-mining land use is proposed, all materials needed
				for approval of the alternative use under 19.8.20.2075 NMAC; and
(4) the consideration which has been given to
				making all of the proposed surface coal mining operations consistent with
				surface owner plans and applicable state and local land use plans and
				programs.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.909 - RECLAMATION PLAN: PONDS, IMPOUNDMENTS, BANKS, DAMS AND EMBANKMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General. Each
				application shall include a general plan for each proposed sedimentation pond,
				water impoundment, and coal processing waste bank, dam, or embankment within
				the proposed permit area.
(1) Each general
				plan shall:
(a) be prepared by, or under the
				direction of, and certified by a registered professional engineer, with
				assistance from experts in related fields such as land surveying, reclamation
				or mined land rehabilitation;
(b)
				contain a description, map, and cross section of the structure and its
				location;
(c) contain preliminary
				hydrologic and geologic information required to assess the hydrologic impact of
				the structure;
(d) contain a survey
				describing the potential effect on the structure from subsidence of the
				subsurface strata resulting from past underground mining operations if
				underground mining has occurred; and
(e) contain a certification statement which
				includes a schedule setting forth the dates that any detailed design plans for
				structures that are not submitted with the general plan will be submitted to
				the director; the director shall have approved, in writing, the detailed design
				plan for a structure before construction of the structure begins.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.910 - RECLAMATION PLAN: SURFACE MINING NEAR UNDERGROUND MINING

Current through Register Vol. 35, No. 13, July 16, 2024
For surface mining activities within the proposed permit area
				  to be conducted within 500 feet of an underground mine, the application shall
				  describe the measures to be used to comply with 19.8.20.2038.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.911 - DIVERSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Each application shall contain descriptions, including maps
				  and cross sections, of stream channel diversions and other diversions to be
				  constructed within the proposed permit area to achieve compliance with
				  19.8.20.2011 and 2012 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.912 - PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Proposed operations that may have an
				adverse effect on any publicly owned parks or any places listed on the national
				register of historic places shall include a plan:
(1) describing the measures to be used to
				prevent or alleviate adverse impacts, or
(2) designed to minimize adverse impacts when
				valid existing rights exist or joint agency approval is to be obtained under
				Subsection E of 19.8.2.202 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.913 - RELOCATION OR USE OF PUBLIC ROADS

Current through Register Vol. 35, No. 13, July 16, 2024
Each application shall describe, with appropriate maps and
				  cross sections, the measures to be used to ensure that the interests of the
				  public and landowners affected are protected if, under Subsection D of
				  19.8.2.202
				  NMAC, the applicant seeks to have the director approve:
A. conducting the proposed surface coal
				mining operations within 100 feet of the right-of-way line of any public road,
				except where mine access or haul roads join that right-of-way; or
B. relocating a public road.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.914 - DISPOSAL OF EXCESS SPOIL FROM SURFACE MINING ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. For surface mining activities, each
				application shall contain descriptions, including appropriate maps and cross
				section drawings, of the proposed disposal site and design of the spoil
				disposal structures according to 19.8.20.2034 through 2037 NMAC. These plans
				shall describe the geotechnical investigation, design, construction, operation,
				maintenance, and removal, if appropriate, of the site and structures.
B. Each such application shall contain the
				results of a geotechnical investigation of the proposed disposal site,
				including the following:
(1) the character of
				bedrock and any adverse geologic conditions in the disposal area;
(2) a survey identifying all springs, seepage
				and ground water flow observed or anticipated during wet periods in the area of
				the disposal site;
(3) a survey of
				the potential effects of subsidence of the subsurface strata due to past and
				future mining operations;
(4) a
				technical description of the rock materials to be utilized in the construction
				of those disposal structures containing rock chimney cores or underlain by a
				rock drainage blanket; and
(5) a
				stability analysis including, but not limited to, strength parameters, pore
				pressures and long-term seepage conditions. These data shall be accompanied by
				a description of all engineering design assumptions and calculations and the
				alternatives considered in selecting the specific design specifications and
				methods.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.915 - DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE

Current through Register Vol. 35, No. 13, July 16, 2024
Each plan shall contain descriptions, including appropriate
				  maps and cross section drawings of the proposed disposal methods and sites for
				  placing underground development waste and excess spoil generated at surface
				  areas affected by surface operations and facilities, according to 19.8.20.2034
				  through 2037 NMAC. Each plan shall describe the geotechnical investigation,
				  design, construction, operation, maintenance and removal, if appropriate, of
				  the structures and be prepared according to
				  19.8.9.914
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.916 - TRANSPORTATION FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each application for a permit to conduct surface coal mining
				  and reclamation operations shall contain plans and drawings for each road,
				  conveyor, or rail system to be constructed, used or maintained within the
				  proposed permit area. Plans and drawings shall include a map, appropriate cross
				  sections, and the following:
A.
				specifications for road widths, road gradients, road surfaces, road cuts, fill
				embankments, culverts, bridges, drainage ditches, drainage structures and
				low-water crossings;
B.a
				description of measures to be taken to obtain approval of the director for
				alteration or relocation of a natural drainage way under Paragraph (1) of
				Subsection E of 19.8.20.2076 or Paragraph (5) of Subsection C of 19.8.20.2077
				NMAC;
C. drawings and
				specifications for roads proposed to be located in channels of intermittent or
				perennial streams; this includes each ford or low water crossing of
				intermittent and perennial streams;
D. plans and schedules for the removal and
				reclamation of each road not proposed for retention as part of the post-mining
				land use;
E. plans and drawings for
				each primary road shall be prepared by, or under the direction of, and
				certified by a registered professional engineer or a qualified registered
				professional land surveyor, experienced in the design and construction of
				roads, as meeting all program requirements and current, prudent engineering
				practices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.917 - RETURN OF COAL PROCESSING WASTE TO ABANDONED UNDERGROUND WORKINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each plan shall
				describe the design, operation and maintenance of any proposed coal processing
				waste disposal facility, including flow diagrams and any other necessary
				drawings and maps, for the approval of the director and the mine safety and
				health administration under 19.8.20.2045 NMAC.
B. Each plan shall describe the source and
				quality of waste to be stored, area to be backfilled, percent of the mine void
				to be filled, method of constructing underground retaining walls, influence of
				the backfilling operation on active underground mine operations, surface area
				to be supported by the backfill, and the anticipated occurrence of surface
				effects following backfilling.
C.
				The applicant shall describe the source of the hydraulic transport mediums,
				method of dewatering the placed backfill, retention of water underground,
				treatment of water if released to surface streams, and the effect on the
				hydrologic regime.
D. The plan
				shall describe each permanent monitoring well to be located in the backfilled
				area, the stratum underlying the mined coal, and gradient from the backfilled
				area.
E. The requirements of
				Subsections A, B, C and D of 19.8.9.917 NMAC shall also apply to pneumatic
				backfilling operations, except where the operations are exempted by the
				director from requirements specifying hydrologic monitoring.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.918 - SUBSIDENCE INFORMATION AND CONTROL PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application for an underground coal
				mine shall include the following information:
(1) a topographic map of the permit and
				adjacent areas at a scale of 1:12,000 or larger, as required by the director,
				showing the location and type of structures and renewable resource lands that
				subsidence may materially damage or for which the value or reasonably
				foreseeable use may be diminished by subsidence, and showing the location and
				type of drinking, domestic, and residential water supplies that could be
				contaminated, diminished, or interrupted by subsidence;
(2) a narrative indicating whether
				subsidence, if it occurred, could cause material damage to or diminish the
				value or reasonably foreseeable use of such structures or renewable resource
				lands or could contaminate, diminish, or interrupt drinking, domestic, or
				residential water supplies;
(3) a
				survey of the condition of all non-commercial buildings or occupied residential
				dwellings and associated structures, including a photograph of the exterior of
				each prior to mining and the name and address of the owner or owners, that may
				be materially damaged or for which the reasonably foreseeable use may be
				diminished by subsidence, within the area encompassed by the applicable angle
				of draw;
(4) a survey of the
				quantity and quality of all drinking, domestic, and residential water supplies
				within the permit area and adjacent area that could be contaminated,
				diminished, or interrupted by subsidence;
(5) if the applicant cannot complete the
				surveys required in Paragraphs (3) and (4) of Subsection A of 19.8.9.918 NMAC
				because the owner or owners will not allow access, the applicant will notify
				the owner, in writing, of the effect that denial of access will have as
				described in Subsection C of 19.8.20.2069 NMAC; and
(6) the applicant must pay for any technical
				assessment or engineering evaluation used to determine the pre-mining condition
				or value of such non-commercial buildings or occupied residential dwellings and
				structures related thereto and the quantity and quality of drinking, domestic,
				or residential water supplies; the applicant must provide copies of the survey
				and any technical assessment or engineering evaluation to the property owner or
				owners and regulatory authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 9 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR RECLAMATION AND OPERATIONS PLANS › Section 19.8.9.919 - SUPPORT FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each applicant for a surface coal mining and reclamation
				  permit shall submit a description, plans, and drawings for each support
				  facility to be constructed, used, or maintained within the proposed permit
				  area. The plans and drawings shall include a map, appropriate cross sections,
				  design drawings, and specifications sufficient to demonstrate compliance with
				  19.8.20.2078 and 2079 NMAC for each facility.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.2 - 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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.3 - 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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.5 - 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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.6 - 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 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.7 - 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]