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 19.8.10.1006 - SURFACE COAL MINING AND RECLAMATION OPERATIONS ON AREAS OR ADJACENT TO AREAS INCLUDING ALLUVIAL VALLEY FLOORS

Current through Register Vol. 35, No. 13, July 16, 2024
A Alluvial valley floor determination.
(1) Before applying for a permit to conduct,
				or before conducting surface coal mining and reclamation operations within a
				valley holding a stream or in a location where the adjacent area includes any
				stream, the applicant shall either affirmatively demonstrate, based on
				available data, the presence of an alluvial valley floor, or submit to the
				director the results of a field investigation of the proposed permit area and
				adjacent area. The field investigations shall include sufficiently detailed
				geologic, hydrologic, land use, soils and vegetation studies on areas required
				to be investigated by the director, after consultation with the applicant, to
				enable the director to make an evaluation regarding the existence of the
				probable alluvial valley floor in the proposed permit area or adjacent area and
				to determine which areas, if any, require more detailed study in order to allow
				the director to make a final determination regarding the existence of an
				alluvial valley floor. Studies performed during the investigation by the
				applicant or subsequent studies as required of the applicant by the director
				shall include an appropriate combination, adapted to site-specific conditions,
				of:
(a) mapping of unconsolidated stream-laid
				deposits holding streams including, but not limited to, geologic maps of
				unconsolidated deposits, and stream-laid deposits, maps of streams, delineation
				of surface watersheds and directions of shallow ground water flows through and
				into the unconsolidated deposits, topography showing local and regional terrace
				levels, and topography of terraces, flood plains and channels showing surface
				drainage patterns;
(b) mapping of
				all lands included in the area in accordance with this paragraph and subject to
				agricultural activities, showing the area in which different types of
				agricultural lands, such as flood irrigated lands, pasture lands and
				undeveloped rangelands exist, and accompanied by measurements of vegetation in
				terms of productivity and type;
(c)
				mapping of all lands that are currently or were historically flood irrigated,
				showing the location of each diversion structure, ditch, dam and related
				reservoir, irrigated land, and topography of those lands;
(d) documentation that areas identified in
				this paragraph are, or are not, subirrigated, based on ground water monitoring
				data, representative water quality, soil moisture measurements, and
				measurements of rooting depth, soil mottling, and water requirements of
				vegetation;
(e) documentation,
				based on representative sampling, that areas identified under this paragraph
				are, or are not, flood irrigable by a prudent person for sustained agricultural
				activities, based on stream-flow, water quality, water yield, soils
				measurements, and topographic characteristics;
(f) analysis of a series of aerial
				photographs, including color infrared imagery flown at a time of year to show
				any late summer and fall differences between upland and valley floor vegetative
				growth and of a scale adequate for reconnaissance identification of areas that
				may be alluvial valley floors.