New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.26 - GENERAL PERFORMANCE STANDARDS: DISPOSAL OF SPOIL AND WASTE MATERIALS IN AREAS OTHER THAN THE MINE WORKINGS OR EXCAVATIONS (715.15)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Disposal of
				spoil in other than valley or head-of-hollow fills. Spoil not required to
				achieve the approximate original contour shall be transported to and placed in
				a controlled (engineered) manner in disposal areas other than the mine workings
				or excavations only if all the following conditions, in addition to the other
				requirements of this part, are met:
(1) The
				disposal areas shall be within the permit area, and they must be approved by
				the regulatory authority as suitable for construction of fills in accordance
				with the requirements of this paragraph.
(2) The disposal areas shall be located on
				the most moderate sloping and naturally stable areas available as approved by
				the regulatory authority. Where possible, fill materials suitable for disposal
				shall be placed upon or above a natural terrace, bench or berm if such
				placement provides additional stability and prevents mass movement.
(3) The fill shall be designed using
				recognized professional standards, certified by a professional engineer,
				registered in the state of New Mexico and approved by the regulatory
				authority.
(4) Where the slope in
				the disposal area exceeds lv:2.8h (36 percent), or such lesser slope designated
				by the regulatory authority based on local conditions, measures such as keyway
				cuts (excavations to stable bedrock) or rock toe buttresses shall be
				constructed to stabilize the fill.
(5) The disposal area does not contain
				springs, natural water courses, or wet weather seeps unless lateral drains are
				constructed from the wet areas to the underdrains in such a manner that
				infiltration of the water into the spoil pile will be prevented.
(6) All organic material shall be removed
				from the disposal area and the topsoil must be removed and segregated pursuant
				to Section 715.16 before the material is placed in the disposal area. However,
				if approved by the regulatory authority, organic material may be used as mulch
				or may be included in the topsoil.
(7) The spoil shall be transported and placed
				in a controlled manner, concurrently compacted as necessary to ensure mass
				stability and prevent mass movement, covered, and graded to allow surface and
				subsurface drainage to be compatible with the natural surroundings, and to
				ensure long-term stability. The final configuration of the fill must be
				suitable for postmining land uses approved in accordance with Section 715.13.
				Terraces shall not be constructed unless approved by the regulatory
				authority.
(8) If any portion of
				the fill interrupts, obstructs or encroaches upon any natural drainage channel,
				the entire fill is classified as a valley or head-or-hollow fill and must be
				designed and constructed in accordance with the requirements of Paragraph (b)
				[now Subsection B of 19.8.36.26 NMAC] of this Section.
(9) The fill shall be inspected for stability
				by a registered engineer or other qualified professional specialist during
				critical construction periods to assure removal of all organic material and
				topsoil, placement of under-drainage systems, and proper construction of
				terraces according to the approved plan. The registered engineer or other
				qualified professional specialist shall provide a certified report after each
				inspection that the fill has been constructed as specified in the design
				approved by the regulatory authority.