reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2036 - DISPOSAL OF EXCESS SPOIL: HEAD OF HOLLOW FILLS

Current through Register Vol. 35, No. 13, July 16, 2024
Disposal of spoil in the head-of-hollow fill shall meet all
				  standards set forth in 19.8.20.2034 and 2035 NMAC and the additional
				  requirements of 19.8.20 NMAC.
A. The
				fill shall be designed to completely fill the disposal site to the approximate
				elevation of the ridgeline. A rock-core chimney drain may be utilized instead
				of the subdrain and surface diversion system required for valley fills. If the
				crest of the fill is not approximately at the same elevation as the low point
				of the adjacent ridgeline, the fill must be designed a specified in
				19.8.20.2035 NMAC, with diversion of runoff around the fill. A fill associated
				with contour mining and placed at or near the coal seam, and which does not
				exceed 250,000 cubic yards may use the rock-core chimney drain.
B. The alternative rock-core chimney drain
				system shall be designed and incorporated into the construction of
				head-of-hollow fills as follows:
(1) The fill
				shall have, along the vertical projection of the main buried stream channel or
				rill a vertical core of durable rock at least 16 feet thick which shall extend
				from the toe of the fill to the head of the fill, and from the base of the fill
				to the surface of the fill. A system of lateral rock underdrains shall connect
				this rock-core to each area of potential drainage or seepage in the disposal
				area. Rocks used in the rock-core and underdrains shall meet the requirements
				of Subsection B of 19.8.20.2035 NMAC.
(2) A filter system to ensure the proper
				functioning of the rock-core shall be designed and constructed using standard
				geotechnical engineering methods.
(3) The grading may drain surface water away
				from the outslope of the fill and toward the rock-core. The maximum slope of
				the top of the fill shall be 1v:33h (3 percent). Instead of the requirements of
				Subsection G of 19.8.20.2034 NMAC, a drainage pocket may be maintained at the
				head of the fill during and after construction, to intercept surface runoff and
				discharge the runoff through or over the rock drain, if stability of the fill
				is not impaired. In no case shall this pocket or sump have a potential for
				impounding more than 10,000 cubic feet or water. Terraces on the fill shall be
				graded with a 3- to 5- percent grade toward the fill and a 1- percent slope
				toward the rock-core.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2037 - DISPOSAL OF EXCESS SPOIL: DURABLE ROCK FILLS

Current through Register Vol. 35, No. 13, July 16, 2024
In lieu of the requirements of 19.8.20.2035 and 2036 NMAC,
				  the director may approve alternate methods of disposal of hard rock spoil,
				  including fill placement by dumping in a single lift, on a site specific basis,
				  provided the services of a registered professional engineer experienced in the
				  design and construction of earth and rockfill embankments are utilized and
				  provided the requirements of 19.8.20 NMAC and
				  19.8.20.2034
				  NMAC are met. For 19.8.20 NMAC, hard rock spoil shall be defined as rockfill
				  consisting of at least 80 percent by volume of sandstone, limestone, or other
				  rocks that do not slake in water. Resistance of the hard rock spoil to slaking
				  shall be determined by using a slake index and slake durability tests approved
				  by the director.
A. Spoil is to be
				transported and placed in a specified and controlled manner, which will ensure
				stability of the fill.
(1) The method of
				spoil placement shall be designed to ensure mass stability and prevent mass
				movement in accordance with the additional requirements of 19.8.20
				NMAC.
(2) Loads of noncemented clay
				shale and/or clay spoil in the fill shall be mixed with hard rock spoil in a
				controlled manner to limit on a unit basis concentrations of noncemented clay
				shale and clay in the fill. Such materials shall comprise no more than 20
				percent of the fill volume as determined by tests performed by a registered
				professional engineer and approved by 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 19.8.20.2038 - PROTECTION OF UNDERGROUND MINING FROM SURFACE MINING ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No surface coal
				mining activities shall be conducted closer than 500 feet to any point of
				either an active or abandoned underground mine, except to the extent that:
(1) the nature, timing, and sequences of the
				operations are jointly approved by the director, the mine safety and health
				administration, and the state mine inspector; and
(2) the activities result in improved
				resource recovery, abatement of water pollution, or elimination of hazards to
				the health and safety of the public.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2039 - COAL PROCESSING WASTE BANKS: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Coal processing waste banks shall be
				designed and constructed to meet the requirements of
				30 CFR
				77.214 /77.215, and approved by the
				director.
B. All coal processing
				waste other than wastes to be disposed of in the mine workings or excavation,
				shall be hauled or conveyed and placed in new and existing disposal areas
				approved by the director for this purpose. These areas shall be within a permit
				area. The disposal area shall be designed, constructed and maintained:
(1) in accordance with 19.8.20.2034 and 2035
				NMAC, 19.8.20 NMAC, and 19.8.20.2040 through 2045 NMAC; and
(2) to prevent combustion.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2040 - COAL PROCESSING WASTE BANKS: SITE INSPECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All coal processing waste banks shall be
				inspected, on behalf of the person conducting surface coal mining operations,
				by a qualified registered professional engineer or other qualified professional
				specialist under the direction of the professional engineer.
(1) Such inspections shall be made at least
				quarterly throughout construction and during critical construction periods.
				Critical construction periods shall include at a minimum:
(a) foundation preparation including the
				removal of all organic material and topsoil;
(b) placement of underdrains and protective
				filters systems;
(c) installation
				of final surface drainage systems; and
(d) the final graded and revegetated
				facility. Regular inspections by the engineer or specialist shall also be
				conducted during placement and compaction of coal processing waste materials.
				More frequent inspections shall be conducted if a danger of harm exists to the
				public health and safety or the environment. Inspections shall continue until
				the coal processing waste banks have been finally graded and revegetated or
				until a later time as required by 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 19.8.20.2041 - COAL PROCESSING WASTE BANKS: WATER CONTROL MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless the
				operator demonstrates to the director that embankments can be constructed so as
				not to impose safety or environmental hazards, a properly designed subdrainage
				shall be provided, which shall:
(1) intercept
				all ground water sources;
(2) be
				protected by an adequate filter; and
(3) be covered so as to protect against the
				entrance of surface water or leachate from the coal processing waste.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2042 - COAL PROCESSING WASTE BANKS: CONSTRUCTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Coal processing
				waste banks shall be constructed in compliance with 19.8.20.2034 and 2035 NMAC,
				depending on the location of the waste bank, except to the extent the
				requirements of those sections are specifically varied in 19.8.2042
				NMAC.
B. Following grading of the
				coal processing waste bank the site shall be covered with a minimum of 4 feet
				of the best available non-toxic and non-combustible material in accordance with
				19.8.20.2056 NMAC, topdressed in accordance with 19.8.20.2007 NMAC and in a
				manner that does not impede flow from subdrainage systems. The coal processing
				waste bank shall be revegetated in accordance with 19.8.20.2060 through 2066
				NMAC. The director may allow less than 4 feet of cover material based on
				physical and chemical analyses which show that the requirements of 19.8.20.2060
				through 2066 NMAC will be met.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2043 - COAL PROCESSING WASTE: BURNING

Current through Register Vol. 35, No. 13, July 16, 2024
Coal processing waste fires shall be extinguished by the
				  person who conducts the surface coal mining operations, in accordance with a
				  plan approved by the director and the mine safety and health administration.
				  The plan shall contain, at a minimum, provisions to ensure that only those
				  persons authorized by the operator, and who have an understanding of the
				  procedures to be used, shall be involved in the extinguishing
				  operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2044 - COAL PROCESSING WASTE: BURNED WASTE UTILIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Before any burned coal processing waste, other materials, or
				  refuse is removed from a disposal area, approval shall be obtained from the
				  director. A plan for the method of removal, with maps and appropriate drawings
				  to illustrate the proposed sequence of the operation and method of compliance
				  with 19.8.20 NMAC, shall be submitted to the director. Consideration shall be
				  given in the plan to potential hazards, which may be created by removal to
				  persons working or living in the vicinity of the structure. The plan shall be
				  certified by a qualified engineer.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2045 - COAL PROCESSING WASTE: RETURN TO UNDERGROUND WORKINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Coal processing waste may be returned to underground mine
				  workings only in accordance with the waste disposal program approved by the
				  director and MSHA under
				  19.8.9.917
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2046 - DISPOSAL OF NON-COAL WASTES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Non-coal wastes including, but not limited to, grease, lubricants, paints,
				flammable liquids, garbage, abandoned mining machinery, lumber and other
				combustibles shall be placed, stored or disposed of in a controlled manner in a
				designated portion of the permit area in accordance with 19.8.9.907,
				19.8.20.2009, 2055, and 2056 NMAC. Placement, storage and disposal shall ensure
				that leachate and surface runoff do not degrade surface or ground water, fires
				are prevented, and that the area remains stable and suitable for reclamation
				and revegetation compatible with the natural surroundings.
B. Final disposal of non-coal wastes shall be
				in a designated disposal site in the permit area. Disposal sites shall be
				designed and constructed with appropriate water barriers on the bottom and
				sides of the designated site. Wastes shall be routinely compacted and covered
				to prevent combustion and wind-borne waste. When the disposal is completed, a
				minimum of 2 feet of soil cover shall be placed over the site, slopes
				stabilized, and revegetation accomplished in accordance with 19.8.20.2060
				through 2066 NMAC. Operation of the disposal site shall be conducted in
				accordance with all local, state, and federal requirements.
C. At no time shall any non-coal waste
				material be deposited at refuse embankments or impoundment sites, nor shall any
				excavation for solid waste disposal be located within 8 feet of any coal
				outcrop or coal storage area.
D.
				Wastes produced by any operations other than coal mining operations which are
				disposed of inside the permit area shall be in compliance with Subsections A, B
				and C of 19.8.20.2046 NMAC and shall also be in compliance with the following:
(1) No wastes shall be imported into the
				permit area for the purpose of disposal without the approval of the director.
				The director shall specify procedures for the disposal of each type of such
				wastes; and
(2) The permittee shall
				demonstrate to the director that during the life of the mine and after mine
				closure the disposal of the waste material will not cause the standards of
				20.6.2.3103 NMAC of the New Mexico water quality control commission regulations
				to be exceeded in ground water which has a pre-mining total dissolved
				concentration (TDS) of 10,000 mg/1 or less except as provided for at Subsection
				D of 20.6.2.3109 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2047 - COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. 19.8.20.2047
				through 2049 NMAC apply to dams and embankments, constructed of coal processing
				waste, or intended to impound coal processing waste, whether they were
				completed before adoption of 19.8 NMAC or are intended to be completed
				thereafter.
B. Waste shall not be
				used in the construction of dams and embankments unless it has been
				demonstrated to the director that the stability of such a structure conforms
				with the requirements of Subsection A of 19.8.20.2049 NMAC. It shall also be
				demonstrated that the use of waste material shall not have a detrimental affect
				on downstream water quality or the environment due to acid seepage through the
				dam or embankment. All demonstrations shall be submitted to and approved by the
				director.
C. Dams and embankments
				constructed of coal processing waste or intended to impound coal processing
				waste shall not be retained permanently as part of 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 19.8.20.2048 - COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: SITE PREPARATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All trees,
				shrubs, grasses and other organic material shall be cleared and grubbed from
				the site, and all combustibles shall be removed in accordance with the
				requirements of 19.8.20 NMAC and
B.
				Surface drainage that may cause erosion to the embankment area or the
				embankment features, whether during construction or after completion, shall be
				diverted away from the embankment by diversion ditches that comply with the
				requirements of Subsections C, D, E, F and G of 19.8.20.2011 NMAC. Adequate
				outlets for discharge from these diversions shall be in accordance with
				19.8.20.2015 NMAC. Diversions that are designed to divert drainage from the
				upstream area away from the impoundment area or from the surface of the
				facility that may cause instability or erosion of the impounding structure
				shall be designed to carry the peak runoff from a 100-year, 6-hour
				precipitation event. The diversion shall be maintained to prevent blockage, and
				the discharge shall be in accordance with 19.8.20.2015 NMAC. Sediment control
				measures shall be provided at the discharge of each diversion ditch before
				entry into natural watercourses in accordance with 19.8.20.2009 through 2014
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2049 - COAL PROCESSING WASTE: DAMS AND EMBANKMENTS: DESIGN AND CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The design of
				each dam and embankment constructed of coal processing waste or intended to
				impound such waste shall comply with the requirements of Subsections B through
				G of 19.8.20.2017 NMAC modified as follows:
(1) the maximum water elevation shall be that
				determined by the freeboard hydrograph criteria contained in the U.S. natural
				resources conservation service criteria referenced in 19.8.20.2017
				NMAC;
(2) the dam and embankment
				shall have a minimum safety factor of 1.5 for the partial pool with steady
				seepage saturation conditions, and the seismic safety factor shall be at least
				1.2;
(3) the dam or embankment
				foundation and abutments shall be designed to be stable under all conditions of
				construction and operation of the impoundment; sufficient foundation
				investigations and laboratory testing shall be performed to determine the
				safety factors of the dam or embankment for all loading conditions appearing in
				Paragraph (2) of Subsection A of 19.8.20.2049 NMAC or the publications referred
				to in 19.8.20.2017 NMAC and for all increments of construction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2050 - AIR RESOURCES PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Fugitive dust. Each person who conducts
				surface coal mining operations shall plan and employ fugitive dust control
				measures as an integral part of site preparation, coal mining, and reclamation
				operations. The director shall approve the control measures appropriate for use
				in planning, according to applicable federal and state air quality standards,
				climate, existing air quality in the area affected by mining, and the available
				control technology.
B. Control
				measures. The fugitive dust control measures to be used, depending on
				applicable federal and state air quality standards, climate, existing air
				quality, size of the operation, and type of operation, shall include, as
				necessary, but not be limited, to:
(1)
				periodic watering of unpaved roads, with the minimum frequency of watering
				approved by the director;
(2)
				chemical stabilization of unpaved roads with proper application of nontoxic
				soil cement or dust palliatives;
(3) paving of roads;
(4) prompt removal of coal, rock, soil, and
				other dust-forming debris from roads and frequent scraping and compaction of
				unpaved roads to stabilize the road surface;
(5) restricting the speed of vehicles to
				reduce fugitive dust caused by travel;
(6) revegetating, mulching, or otherwise
				stabilizing the surface of all areas adjoining roads that are sources of
				fugitive dust;
(7) restricting the
				travel of unauthorized vehicles on other than established roads;
(8) enclosing, covering, watering, or
				otherwise treating loaded haul trucks and railroad cars, to reduce loss of
				material to wind and spillage;
(9)
				substituting of conveyor systems for haul trucks and covering of conveyor
				systems when conveyed loads are subjected to wind erosion;
(10) minimizing the area of disturbed
				land;
(11) prompt revegetation of
				regraded lands;
(12) use of
				alternatives for coal-hauling methods, restriction of dumping procedures,
				wetting of disturbed materials during handling, and compaction of disturbed
				areas;
(13) planting of special
				windbreak vegetation at critical points in the permit area;
(14) control of dust from drilling, using
				water sprays, hoods, dust collectors, or other controls;
(15) restricting the areas to be blasted at
				any one time to reduce fugitive dust;
(16) restricting activities causing fugitive
				dust during periods or air stagnation;
(17) extinguishing any areas of burning or
				smoldering coal and periodically inspecting for burning areas whenever the
				potential for spontaneous combustion is high;
(18) reducing the period of time between
				initially disturbing the soil and revegetating or other surface stabilization;
				and
(19) restricting fugitive dust
				at spoil and coal transfer and loading points with water sprays, negative
				pressure systems and baghouse filters, chemicals, or other practices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2052 - SLIDES AND OTHER DAMAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				For surface mining activities, unless demonstrated to and approved by the
				director that equivalent stability can be obtained through other technology, an
				undisturbed natural barrier shall be provided beginning at the elevation of the
				lowest coal seam to be mined and extending from the outslope for such distance
				as may be determined by the director as is needed to assure stability. The
				barrier shall be retained in place to prevent slides and erosion.
B. At any time a slide occurs which may have
				a potential adverse affect on public property, health, safety, or the
				environment, the person who conducts the surface coal mining operations shall
				notify the director by the fastest available means and comply with any remedial
				measures required by 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 19.8.20.2053 - CONTEMPORANEOUS RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Reclamation efforts, including, but not limited to,
				  backfilling, grading, topdressing replacement and revegetation, of all land
				  that is disturbed by surface coal mining operations shall occur as
				  contemporaneously as practicable with mining operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2054 - BACKFILLING AND GRADING: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Timing of backfilling and grading.
(1) Contour mining. Rough backfilling and
				grading shall follow coal removal by not more than 60 days or 1,500 linear
				feet. The director may grant additional time or distance for rough backfilling
				and grading if the permittee can demonstrate, on the basis of the materials
				submitted under Paragraph (3) of Subsection B of 19.8.9.906 NMAC, that
				additional time or distance is necessary.
(2) Open pit mining. Rough backfilling and
				grading shall occur in accordance with the time schedule approved by the
				director, on the basis of the materials submitted under Paragraph (3) of
				Subsection B of 19.8.9.906 NMAC, which shall establish in specific increments
				the period between removal of coal and completion of backfilling and
				grading.
(3) Strip mining. Rough
				backfilling and grading shall be completed within 180 days following coal
				removal and shall not be more than four spoil ridges behind the pit being
				worked, the spoil from the active pit being considered the first ridge. The
				director may grant additional time or distance for rough backfilling and
				grading if the permittee can, on the basis of the materials submitted under
				Paragraph (3) of Subsection B of 19.8.9.906 NMAC, that additional time or
				distance is necessary; and
(4)
				Surface areas disturbed incident to underground mining activities shall be
				backfilled and graded in accordance with the time schedule approved by the
				director as a condition of the permit.
(5) Final pit at completion of mining. Rough
				backfilling and grading shall occur in accordance with a time schedule approved
				by the director based on materials submitted under Paragraph (3) of Subsection
				B of 19.8.9.906 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2055 - BACKFILLING AND GRADING: GENERAL GRADING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The final graded slopes shall not exceed
				in grade either the approximate premining slopes, or any lesser slopes approved
				by the director based on consideration of soil, climate, or other
				characteristics of the surrounding area. Postmining final graded slopes need
				not be uniform but shall approximate the general nature of the premining
				topography. The person who conducts surface coal mining operations shall, at a
				minimum:
(1) retain all overburden and spoil
				on the solid portion of existing or new benches; and
(2) backfill and grade to the most moderate
				slope possible, to eliminate the highwall which does not exceed either the
				angle of repose or such lesser slope as is necessary to achieve a minimum
				static safety factor of 1.3. In all cases the highwall shall be eliminated
				unless retention of portions of the highwall is approved by the director, if
				the operator demonstrates that:
(a) it will
				have a static safety factor of 1.3;
(b) it will not pose a hazard to persons or
				wildlife in the area;
(c) it will
				be backfilled to cover the uppermost minable coal seam to a minimum depth of 4
				feet;
(d) the retained portion left
				standing shall not exceed pre-existing cliff lengths. However, the director may
				require shorter lengths.
(e) it is
				necessary to replace cliff type habitats that existed in the natural topography
				prior to mining; and
(f) the ends
				of the highwall portions left standing will be contoured into the surrounding
				topography with slopes of 3:1 or less. Retention of any portion of the highwall
				must be approved by the director.
(3) spoil, except excess spoil disposed of in
				accordance with 19.8.20.2034 through 2037 NMAC, shall be returned to the
				mined-out area.
(4) spoil and
				waste materials shall be compacted where advisable to ensure stability or to
				prevent leaching of toxic materials.
(5) spoil may be placed on the area outside
				the mind-out area in non-steep slope areas to restore the approximate original
				contour by blending the spoil into the surrounding terrain if the following
				requirements are met:
(a) all vegetative and
				organic material shall be removed from the area.
(b) the topsoil on the area shall be removed,
				segregated, stored and redistributed in accordance with 19.8.20.2005 through
				2007 NMAC.
(c) the spoil shall be
				backfilled and graded on the area in accordance with the requirements of
				19.8.20 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2056 - BACKFILLING AND GRADING: COVERING COAL AND ACID- AND TOXIC-FORMING MATERIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Exposed coal seams, acid- and toxic-forming materials, and combustible
				materials exposed, used, or produced during surface coal mining and reclamation
				operations shall be adequately covered with non-toxic and non-combustible
				materials, or treated, to control the impact on surface and ground water in
				accordance with 19.8.20.2009 NMAC to prevent sustained combustion, and to
				minimize adverse effects on plant growth and the approved postmining land
				use.
B. Where necessary to protect
				against adverse effects on plant growth and the approved post-mining land use
				from upward migration of salts, exposure by erosion, formation of acid or toxic
				seeps, to provide an adequate depth for plant growth, or otherwise to meet
				local conditions, the director shall specify thicker amounts of cover using
				non-toxic material, or special compaction and isolation from ground water
				contact.
C. Acid-forming or
				toxic-forming material shall not be buried or stored in proximity to a drainage
				course so as to cause or pose a threat of water pollution.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2057 - BACKFILLING AND GRADING: THIN OVERBURDEN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The provisions of 19.8.20.2057 NMAC apply
				only where the overburden thickness times the swell factor, plus the thickness
				of other available waste materials, is less than the combined thickness of the
				overburden and coal bed prior to removing the coal and only when surface mining
				activities cannot be carried out to comply with 19.8.20.2054 NMAC to achieve
				the approximate original contour.
B. In surface mining activities carried out
				continuously in the same limited pit area for more than 1 year from the day
				coal-removal operations begin and where the volume of all available spoil and
				suitable waste materials over the permit area is demonstrated to be
				insufficient to achieve the approximate original contour of the lands
				disturbed, surface mining activities shall be conducted to meet, at a minimum,
				the following standards:
(1) haul or convey,
				backfill, and grade, using all available spoil and suitable waste materials
				from the entire mine area, to attain the lowest practicable stable grade, to
				achieve a static safety factor of 1.3, and to provide adequate drainage and
				long- term stability of the regraded areas and cover all acid-forming and
				toxic-forming materials.
(2) except
				as provided in Paragraph (2) of Subsection A of 19.8.20.2055 NMAC, eliminate
				highwalls by grading or backfilling to stable slopes not exceeding 1v:2h (50
				percent), or such lesser slopes as the director may specify to reduce erosion,
				maintain the hydrologic balance, or allow the approved postmining land
				use.
(3) haul or convey, backfill,
				grade, and revegetate in accordance with 19.8.20.2060 through 2066 NMAC, to
				achieve an ecologically sound land use compatible with the prevailing use in
				unmined areas surrounding the permit area; and
(4) haul or convey, backfill, and grade, to
				ensure impoundments are constructed only where:
(a) it has been demonstrated to the
				director's satisfaction that all requirements of 19.8.20.2009 through 2024 NMAC
				have been met; and
(b) the
				impoundments have been approved by the director as suitable for the approved
				postmining land use and as meeting the requirements of 19.8.20 NMAC and all
				other applicable federal and state laws and regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2058 - BACKFILLING AND GRADING: THICK OVERBURDEN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The provisions of 19.8.20.2058 NMAC apply
				only where the overburden thickness times the swell factor exceeds the combined
				thickness of the overburden and coal bed prior to removing the coal and only
				when surface mining activities cannot be carried out to comply with
				19.8.20.2054 NMAC to achieve the approximate original contour.
B. In surface mining activities where the
				volume of spoil over the permit area is demonstrated to be more than sufficient
				to achieve the approximate original contour, surface mining activities shall be
				conducted to meet, at a minimum, the following standards:
(1) haul or convey, backfill, and grade all
				spoil and wastes, not required to achieve the approximate original contour of
				the permit area, to the lowest practicable grade, to achieve a static factor of
				safety of 1.3 and cover all acid-forming and other toxic- forming
				materials;
(2) haul or convey,
				backfill, and grade excess spoil and wastes only within the permit area and
				dispose of such materials in accordance with 19.8.20.2034 through 2037
				NMAC;
(3) haul or convey, backfill,
				and grade excess spoil and wastes to maintain the hydrologic balance, in
				accordance with 19.8.20.2009 through 2025 NMAC and to provide long-term
				stability by preventing slides, erosion and water pollution;
(4) haul or convey, backfill, grade and
				revegetate wastes and excess spoil to achieve an ecologically sound land use
				approved by the director as compatible with the prevailing land uses in unmined
				areas surrounding the permit area;
(5) except as provided for in Paragraph (2)
				of Subsection A of 19.8.20.2055 NMAC and Paragraph (1) of Subsection B of
				19.8.20.2053 NMAC, eliminate all highwalls and depressions by backfilling with
				spoil and suitable waste materials; and
(6) meet the revegetation requirements of
				19.8.20.2060 through 2066 NMAC for all disturbed areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2059 - REGRADING OR STABILIZING RILLS AND GULLIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All exposed surface areas shall be
				protected and stabilized to effectively control erosion and air pollution
				attendant to erosion.
B. Rills and
				gullies, which form in areas that have been regraded and topsoiled and which
				either (1) disrupt the approved postmining land use or the re-establishment of
				the vegetative cover, or (2) cause or contribute to a violation of water
				quality standards for receiving streams shall be filled, regraded, or otherwise
				stabilized; topsoil shall be replaced; and the areas shall be reseeded or
				replanted.
C. If it can be
				demonstrated to the director through acceptable data, that erosion rates on the
				reclaimed and revegetated area are equal to or less than the erosion rates of
				surrounding undisturbed land under proper management of equal area, slope, soil
				type and depth, and that the rills and gullies will not affect compliance with
				all applicable parts of 19.8 NMAC, the director may waive the requirement of
				Subsection B of 19.8.20.2059 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2060 - REVEGETATION: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person who conducts surface coal
				mining operations shall establish on all affected land a diverse, effective,
				and permanent vegetative cover of the same aspection native to the area of
				disturbed land or species that supports the approved postmining land use. For
				areas designated as prime farmland, the requirements of 19.8.24 NMAC shall
				apply.
B. All revegetation shall be
				in compliance with the plans submitted under 19.8.9.906 NMAC and 19.8.9.908
				NMAC, as approved by the director in the permit, and carried out in a manner
				that encourages a prompt vegetative cover and recovery of productivity levels
				compatible with the approved postmining land use.
(1) All disturbed land, except water areas
				and surface areas of roads that are approved as a part of the postmining land
				use, shall be seeded or planted to achieve a permanent vegetative cover of the
				same aspection native to the area of disturbed land.
(2) The vegetative cover shall be capable of
				stabilizing the soil surface from erosion.
(3) Vegetative cover shall be considered of
				the same aspection when it consists of a mixture of species of equal or
				superior utility for the approved postmining land use, when compared with the
				utility of naturally occurring vegetation during each season of the
				year.
(4) If both the premining and
				postmining land uses are cropland, the reclaimed land shall have the capability
				of meeting or exceeding the pre-mining crop production.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2061 - REVEGETATION: USE OF INTRODUCED SPECIES

Current through Register Vol. 35, No. 13, July 16, 2024
Introduced species may be substituted for native species only
				  if approved by the director under the following conditions:
A. after appropriate field trials have
				demonstrated that the introduced species are desirable and necessary to achieve
				the approved postmining land use;
B. the species are necessary to achieve a
				quick, temporary, and stabilizing cover that aids in controlling erosion; and
				measures to establish permanent vegetation are included in the approved plan
				submitted under Paragraph (3) of Subsection B of 19.8.9.906 and
				19.8.9.908;
C. introduced species
				must meet the requirements of Subsection C of 19.8.20.2060 NMAC;
D. the species meet the requirements of
				applicable state and federal seed, poisonous and noxious plant, and introduced
				species laws or regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2062 - REVEGETATION: TIMING

Current through Register Vol. 35, No. 13, July 16, 2024
Seeding and planting of disturbed areas shall be conducted
				  during the first normal period for favorable planting conditions after final
				  preparation. The normal period for favorable planting shall be that planting
				  time generally accepted locally for the type of plant materials selected. When
				  necessary to effectively control erosion, any disturbed area shall be seeded
				  and planted, as contemporaneously as practicable with the completion of
				  backfilling and grading, with a temporary cover of small grains, grasses, or
				  legumes until a permanent cover is established.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2063 - REVEGETATION: MULCHING AND OTHER SOIL STABILIZING PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Suitable mulch and other soil stabilizing
				practices shall be used on all regraded and topdressed areas to control
				erosion, promote germination of seeds, or increase the moisture retention
				capacity of the soil. The director may, on a case-by-case basis, suspend the
				requirement for mulch, if the permittee can demonstrate that alternative
				procedures will achieve the requirements of 19.8.20.2065 NMAC and do not cause
				or contribute to air or water pollution.
B. When required by the director mulches
				shall be mechanically or chemically anchored to the soil surface to assure
				effective protection of the soil and vegetation.
C. Annual grasses and grains may be use
				alone, as in situ mulch, or in conjunction with another mulch, when the
				director determines that they will provide adequate soil erosion control and
				will later be replaced by perennial species approved for the postmining land
				use.
D. Chemical soil stabilizers
				alone, or in combination with appropriate mulches, may be used in conjunction
				with vegetative covers approved for the 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 19.8.20.2064 - REVEGETATION: GRAZING

Current through Register Vol. 35, No. 13, July 16, 2024
When the approved postmining land use is range or pasture
				  land, the operator shall demonstrate to the director, that the reclaimed land
				  has the capability of supporting livestock grazing at rates approximately equal
				  to that for similar non-mined lands for at least two of the last four full
				  years of liability required under Subsection B of
				  19.8.20.2065
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2066 - REVEGETATION: TREE AND SHRUB STOCKING

Current through Register Vol. 35, No. 13, July 16, 2024
19.8.20.2066 NMAC sets forth forest resource conservation
				  standards for reforestation operations to ensure that a cover of commercial
				  tree species, noncommercial tree species, shrubs, or half-shrubs is established
				  for the development of fish and wildlife habitat, recreation, shelterbelts or
				  forestry after surface coal mining operations. Trees and shrubs used in
				  determining the success of stocking and the adequacy of plant arrangement shall
				  have utility for the approved postmining land use.
A. At a minimum, at the time of final bond
				  release, at least 80 percent of all trees and shrubs used to determine
				  revegetation success has been in place for at least 60 percent of the
				  applicable minimum period of responsibility.
B. Stocking, i.e., the number of stems per
				  unit area, will be determined using the following criteria:
(1) root crown or root sprouts more than 1
				  foot in height shall count as one toward meeting the stocking requirements;
				  where multiple stems occur only the tallest stem will be counted;
(2) a countable tree or shrub means a tree
				  that can be used in calculating the degree of stocking under the following
				  criteria:
(a) the tree or shrub shall be in
				  place at least 2 growing seasons;
(b) the tree or shrub shall be alive and
				  healthy; and
(c) the tree or shrub
				  shall have at least one-third of its length in live crown;
(3) rock areas, which replace similar natural
				  features, permanent road and surface water drainage ways on the revegetated
				  area shall not require stocking.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2067 - SUBSIDENCE CONTROL: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The permittee must either adopt measures
				consistent with known technology that prevent subsidence from causing material
				damage to the extent technologically and economically feasible, maximize mine
				stability, and maintain the value and reasonably foreseeable use of surface
				lands or adopt mining technology that provides for planned subsidence in a
				predictable and controlled manner.
B. If a permittee employs mining technology
				that provides for planned subsidence in a predictable and controlled manner,
				the permittee must take necessary and prudent measures, consistent with the
				mining method employed, to minimize material damage to the extent
				technologically and economically feasible to non-commercial buildings and
				occupied residential dwellings and structures related thereto except that
				measures required to minimize material damage to such structures are not
				required if:
(a) the permittee has the
				written consent of their owners, or;
(b) unless the anticipated damage would
				constitute a threat to health or safety, the costs of such measures exceed the
				anticipated costs of repair.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2068 - SUBSIDENCE CONTROL: PUBLIC NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
The mining schedule shall be distributed by mail to all
				  owners of property and residents residing within the permit area above the
				  underground workings and adjacent areas. Each such person shall be notified by
				  mail at least six months prior to mining beneath his property or residence. The
				  notification shall contain, at a minimum:
A. identification of specific areas in which
				mining will take place;
B. dates
				that specific areas will be undermined; and
C. the location or locations where the
				operator's subsidence control plan may be examined.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2069 - SUBSIDENCE CONTROL: SURFACE OWNER PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The permittee must correct any material
				damage resulting from subsidence caused to surface lands, to the extent
				technologically and economically feasible, by restoring the land to a condition
				capable of maintaining the value and reasonably foreseeable uses that it was
				capable of supporting before subsidence damage.
B. The permittee must promptly replace any
				drinking, domestic or residential water supply that is contaminated, diminished
				or interrupted by underground mining activities conducted after October 24,
				1992, if the affected well or spring was in existence before the date the
				regulatory authority received the permit application for the activities causing
				the loss, contamination or interruption. The baseline hydrologic information
				required in 19.8.9.907 NMAC will be used to determine the impact of mining
				activities upon the water supply.
C. The permittee must promptly repair, or
				compensate the owner for, material damage resulting from subsidence caused to
				any non-commercial building or occupied residential dwelling or associated
				structures that existed at the time of mining. If repair option is selected,
				the permittee must fully rehabilitate, restore or replace the damaged
				structure. If compensation is selected, the permittee must compensate the owner
				of the damaged structure for the full amount of the decrease in value resulting
				from the subsidence-related damage. The permittee may provide compensation by
				the purchase, before mining, of a non-cancelable premium-prepaid insurance
				policy. The requirements of Subsection C of 19.8.20.2069 NMAC apply only to
				subsidence-related damage caused by underground mining activities conducted
				after October 24, 1992.
D. The
				permittee must, to the extent required under applicable provisions of state
				law, either correct material damage resulting from subsidence caused to any
				structures or facilities not protected by Subsection C of 19.8.20.2069 NMAC by
				repairing the damage or compensate the owner of the structures or facilities
				for the full amount of the decrease in value resulting from the subsidence.
				Repair of damage includes rehabilitation, restoration, or replacement of
				damaged structures or facilities. Compensation may be accomplished by the
				purchase before mining of a non-cancelable premium-prepaid insurance
				policy.