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 19.8.20.2070 - SUBSIDENCE CONTROL: REBUTTAL PRESUMPTION OF CAUSATION FOR DAMAGE FROM SUBSIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. If
				damage to any non-commercial building or occupied residential dwelling or
				associated structure occurs as a result of earth movement within an area
				determined by projecting a specified angle of draw from the outermost boundary
				of any underground mine workings to the surface of the land, a rebuttal
				presumption exists that the permittee caused the damage. The presumption will
				normally apply to a 30 degree angle of draw. A state regulatory authority may
				amend its program to apply the presumption to a different angle of draw if the
				regulatory authority shows in writing that the angle has a more reasonable
				basis than the 30 degree angle of draw, based on geotechnical analysis of the
				factors affecting potential surface impacts of underground coal mining
				operations.
B. A permittee or
				permit applicant may request that the presumption apply to a different angle of
				draw. The director may approve a request to vary from the 30-degree angle of
				draw based on a site-specific analysis submitted by an applicant. To establish
				a site-specific angle of draw, an applicant must demonstrate and the director
				must determine in writing that the proposed angle of draw has a more reasonable
				basis than the standard in Subsection A of 19.8.20.2070 NMAC, based on a
				site-specific geotechnical analysis of the potential surface impacts of the
				mining operation.
C. If the
				permittee was denied access to the land or property for the purpose of
				conducting the pre-subsidence survey in accordance with Subsection A of
				19.8.9.918 NMAC, no rebuttal presumption will exist.
D. The presumption will be rebutted if, for
				example, the evidence establishes that:
(1)
				the damage predated the mining in question;
(2) the damage was proximately caused by some
				other factor or factors and was not proximately caused by subsidence;
				or,
(3) the damage occurred outside
				the surface area within which subsidence was actually caused by the mining in
				question.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2071 - SUBSIDENCE CONTROL: BUFFER ZONES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Underground mining activities shall not be
				conducted beneath or adjacent to any perennial stream or impoundment having a
				storage volume of 20 acre-feet or more, unless the director, on the basis of
				detailed subsurface information, determines that subsidence will not cause
				material damage, or a reduction in a reasonably foreseeable use, to streams,
				water bodies and associated structures. If subsidence causes material damage,
				then measures will be taken to the extent technologically and economically
				feasible to correct the damage and to prevent additional subsidence from
				occurring. The director may suspend the underground mining until the subsidence
				control plan is modified to ensure prevention of further material damage to
				such features or facilities.
B.
				Underground mining activities beneath any aquifer, perennial stream or water
				body that serves as a significant source of water supply to a public water
				system shall be conducted so as to avoid disruption of the aquifer and
				consequent exchange of ground water between the aquifer and other strata. The
				director will prohibit mining in the vicinity of the aquifer or limit the
				percentage of coal extraction to protect the aquifer and other water supply,
				unless a finding can be made, based on detailed documentation, that subsidence
				will not cause material damage to, or reduce the reasonably foreseeable use of
				these features.
C. Underground
				mining activities shall not be conducted beneath or in close proximity to any
				public buildings, including but not limited to churches, schools, hospitals,
				courthouses and government offices, unless the director, on the basis of
				detailed subsurface information, determines that subsidence from those
				activities will not cause material damage, or reduce a reasonably foreseeable
				use, to these structures and specifically authorizes the mining
				activities.
D. The director shall
				suspend underground coal mining under urbanized areas, cities, towns, and
				communities and adjacent to industrial or commercial buildings, major
				impoundments or perennial streams, if imminent danger is found to inhabitants
				of urbanized areas, cities, towns or communities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2072 - SUBSIDENCE CONTROL: ADJUSTMENT OF BOND AMOUNT FOR SUBSIDENCE DAMAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				subsidence-related material damage occurs to land, structures or facilities, or
				contamination, diminution, or interruption to a water supply protected under
				Subsections A through D of 19.8.20.2069 NMAC, the director must require the
				permittee to obtain additional performance bond in the amount of the estimated
				cost of the repairs if the permittee will be repairing, or in the amount of the
				decrease in value if the permittee will be compensating the owner, or in the
				amount of the estimated cost to replace the protected water supply if the
				permittee will be replacing the water supply, until the repair, compensation,
				or replacement is completed. If repair, compensation, or replacement is
				completed within 90 days of the occurrence of damage, no additional bond is
				required. The regulatory authority may extend the 90-day time frame, but not to
				exceed one year, if the permittee demonstrates and the regulatory authority
				finds in writing that subsidence is not complete, that not all probable
				subsidence-related material damage has occurred to lands or protected
				structures, or that not all reasonably anticipated changes have occurred
				affecting the protected water supply, and that therefore it would be
				unreasonable to complete within 90 days the repair of the subsidence-related
				material damage to lands or protected structures, or the replacement of
				protected water supply.
B.
				[Reserved]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2073 - CESSATION OF OPERATIONS: TEMPORARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person who conducts surface coal
				mining operations shall effectively secure surface facilities and support and
				maintain any surface access openings to underground operations in areas in
				which there are no current operations, but in which operations are to be
				resumed under an approved permit. Temporary abandonment shall not relieve a
				person of his obligation to comply with any provisions of the approved
				permit.
B. Before temporary
				cessation of mining and reclamation operations for a period of thirty days or
				more, or as soon as it is known that a temporary cessation will extend beyond
				30 days, persons who conduct surface coal mining operations shall submit to the
				director a notice of intention to cease or abandon mining and reclamation
				operations. This notice shall include a statement of the exact number of acres,
				and for underground mines the horizontal and vertical extent of subsurface
				strata which will have been affected in the permit area, prior to such
				temporary cessation, the extent and kind of reclamation of those areas which
				will have been accomplished and identification of the backfilling, regrading,
				revegetation, environmental monitoring, underground opening closures, and water
				treatment activities that will continue in the temporary cessation.
C. At the director's discretion, the
				permittee may be directed to take other reasonable actions consistent with 19.8
				NMAC to ensure the protection of public safety and the environment while the
				operation is under temporary cessation.
D. No temporary cessation of mining and
				reclamation operations shall extend beyond the current permit term, unless the
				director approves an extension of the temporary cessation during the permit
				renewal process conducted in accordance with 19.8.13 NMAC.
E. To continue under a temporary cessation
				beyond an existing permit term, the permittee must demonstrate that the mining
				operation has a reasonable expectation of continuing operations.
F. A temporary cessation may not be used to
				justify a lengthy delay to final reclamation or to preserve facilities beyond
				what may be considered appropriate for its use in association with an existing
				permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2074 - CESSATION OF OPERATIONS: PERMANENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons who cease surface coal mining
				operations permanently shall close or backfill or otherwise permanently reclaim
				all affected areas, in accordance with 19.8.2074 NMAC and the permit approved
				by the director.
B. All underground
				openings, equipment, structures, or other facilities not required for
				monitoring, unless approved by the director as suitable for the postmining land
				use or environmental monitoring, shall be removed and the affected land
				reclaimed.
C. [Reserved]
D. [Reserved]
E. [Reserved]
F. [Reserved]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2075 - POSTMINING LAND USE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General. All surface land areas affected shall be restored in a timely manner:
(1) to conditions that are capable of
				supporting the uses which they were capable of supporting before any mining;
				or
(2) to higher or better uses
				achievable under criteria and procedures of 19.8.2075 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2076 - ROADS: GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Road
				classification system.
(1) Each road shall be
				classified as either a primary road or an ancillary road.
(2) A primary road is any road which is:
(a) used for transporting coal or spoil,
				except for the portions of those roads located within coal spoil and coal
				processing waste disposal areas;
(b) frequently used for access or other
				purposes for a period in excess of six (6) months, with the exception of those
				roads the sole surface coal mining operation use of which is for exploration
				purposes; or
(c) to be retained for
				an approved postmining land use.
(3) An ancillary road is any road not
				classified as a primary road
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2077 - PRIMARY ROADS

Current through Register Vol. 35, No. 13, July 16, 2024
Primary roads shall meet the requirements of
				  19.8.20.2076 NMAC
				  and the additional requirements of 19.8.20.2077 NMAC.
A. Certification. The design and construction
				or reconstruction of primary roads shall be certified by a qualified registered
				professional engineer as meeting:
(1) the
				requirements of 19.8.20.2076 NMAC;
(2) current, prudent engineering practices;
				and
(3) any design criteria
				established by the director; and
(4) shall include a statement that the road
				has been constructed or reconstructed as designed and in accordance with the
				approved plan; and
(5) at a
				minimum, a static factor of safety of 1.3 for all embankments.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2078 - OTHER TRANSPORTATION FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Railroad loops, spurs, sidings, surface conveyor systems,
				  chutes, aerial tramways, or other transportation facilities shall be designed,
				  constructed or reconstructed, and maintained and the area restored, to:
A. prevent, to the extent possible using the
				best technology currently available:
(1)
				damage to fish, wildlife, and related environmental values; and
(2) additional contributions of suspended
				solids to streamflow or runoff outside the permit area. Any such contributions
				shall not be in excess of limitations of state or federal law;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS › Section 19.8.20.2079 - SUPPORT FACILITIES AND UTILITY INSTALLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Support facilities required for, or used
				incidentally to, the operation of the mine, including, but not limited to, mine
				buildings, coal loading facilities at, or near, the mine site, coal storage
				facilities, equipment storage facilities, fuel storage facilities, chemical and
				lubricant storage facilities, fan buildings, hoist buildings, preparation
				plants, sheds, shops, and other buildings, shall be designed, constructed or
				reconstructed, and located to prevent or control erosion and siltation, water
				pollution and damage to public or private property. Support facilities shall be
				designed, constructed or reconstructed, maintained, and used in a manner which
				prevents to the extent possible using the best technology currently available
				damage to fish, wildlife, and related environmental values and additional
				contributions of suspended solids to streamflow outside the permit area. Any
				such contributions shall not be in excess of limitations of state or federal
				law.
B. All surface coal mining
				operations shall be conducted in a manner which minimizes damage, destruction,
				or disruption of services provided by oil, gas, and water wells, oil, gas, and
				coal-slurry pipelines; railroads; electric and telephone lines; and water and
				sewage lines which pass over, under or through the permit area, unless
				otherwise approved by the owner of those facilities and the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.2 - 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 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.3 - 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 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.5 - 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 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.6 - 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 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.7 - 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 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.2100 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A variance under this part applies only to those specific
				  areas within the permit area that the person conducting combined surface and
				  underground mining operations has shown to be necessary for implementing the
				  proposed concurrent operations and that the director has approved in the permit
				  under
				  19.8.10.1005
				  NMAC. The variance is effective for any particular portion of the permit area
				  only for the time necessary to facilitate and to complete the authorized
				  underground mining activities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.2101 - COMPLIANCE WITH VARIANCE TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each person who conducts operations under a variance issued under 19.8.10.1005
				NMAC shall comply with all applicable requirements of this part and the act and
				these rules and regulations except to the extent that:
(1) a delay in compliance with these
				requirements is specifically authorized by the variance issued under the
				permit; and
(2) the delay in
				compliance is necessary to achieve the purposes for which the variance was
				granted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 21 - SPECIAL PERFORMANCE STANDARDS - CONCURRENT SURFACE AND UNDERGROUND MINING › Section 19.8.21.2102 - ADDITIONAL PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the requirements of 19.8.20 NMAC, each person
				  who conducts combined surface and underground mining operations shall comply
				  with the following:
A. A 500-foot
				barrier pillar of coal shall be maintained between the surface and underground
				mining activities in any one seam. The director and the mine safety and health
				administration, and the state mine inspector, may, however, approve a lesser
				distance, after finding by the director that mining at a lesser distance will
				result in:
(1) improved coal resources
				recovery;
(2) abatement of water
				pollution; or
(3) 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 22 - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 19.8.22.2 - 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 22 - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 19.8.22.3 - 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 22 - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 19.8.22.5 - 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 22 - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 19.8.22.6 - 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 22 - SPECIAL PERFORMANCE STANDARDS - AUGER MINING › Section 19.8.22.2200 - AUGER MINING: ADDITIONAL PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any auger mining associated with surface
				mining operations shall be conducted to maximize recoverability of mineral
				reserves remaining after the mining activities are completed. Each person who
				conducts auger mining operations shall leave areas of undisturbed coal to
				provide access for removal of those reserves by future underground mining
				activities, unless the director determines that the coal reserves have been
				depleted or are limited in thickness or extent to the point that it will not be
				practicable to recover the remaining coal reserves. The director shall make
				such determination only upon presentation of appropriate technical evidence by
				the operator. Undisturbed areas of coal shall be left in unmined sections
				which:
(1) are a minimum of 250 feet wide at
				any point between each group of auger openings to the full depth of the auger
				hole;
(2) are no more than 2,500
				feet apart, measured from the center of one section to the center of the next
				section, unless a greater distance is set forth in the permit application under
				19.8.10.1007 NMAC and approved by the director; and
(3) for multiple seam mining, shall have a
				width of at least 250 feet plus 50 feet for each subjacent workable coal seam.
				The centers of all unmined sections shall be aligned vertically.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.2 - 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 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.3 - 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 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.5 - 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 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.6 - 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 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.7 - 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 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.2300 - ALLUVIAL VALLEY FLOORS: ESSENTIAL HYDROLOGIC FUNCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surface coal mining and reclamation
				operations shall be conducted to preserve, throughout the mining and
				reclamation process, the essential hydrologic functions of alluvial valley
				floors not within an affected area. These functions shall be preserved by
				maintaining those geologic, hydrologic and biologic characteristics that
				support those functions.
B. Surface
				coal mining and reclamation operations shall be conducted to reestablish,
				throughout the mining and reclamation process, the essential hydrologic
				functions of alluvial valley floors within an affected area. These functions
				shall be reestablished by reconstructing those geologic, hydrologic and
				biologic characteristics that support those functions.
C. The characteristics that support the
				essential hydrologic, functions of alluvial valley floors are those in
				Paragraph (3) of Subsection B of 19.8.10.1006 NMAC and those other geologic,
				hydrologic, or biologic characteristics identified during premining
				investigations or monitoring conducted during the surface coal mining and
				reclamation operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.2301 - ALLUVIAL VALLEY FLOORS: PROTECTION OF FARMING AND WATER SUPPLIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surface coal
				mining and reclamation operations shall not interrupt, discontinue, or preclude
				farming on alluvial valley floors, unless:
(1) the premining land use is undeveloped
				rangeland which is not significant to farming; or
(2) the area of affected alluvial valley
				floor is small and provides or may provide negligible support for production
				from one or more farms.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.2302 - ALLUVIAL VALLEY FLOORS: PROTECTION OF AGRICULTURAL USES

Current through Register Vol. 35, No. 13, July 16, 2024
Surface coal mining and reclamation operations shall be
				  conducted to ensure that the agricultural utility and the level of productivity
				  of alluvial valley floors in affected areas are
				  reestablished.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 23 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS IN ALLUVIAL VALEY FLOORS › Section 19.8.23.2303 - ALLUVIAL VALLEY FLOORS: MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An environmental monitoring system shall
				be installed, maintained and operated by the permittee on all alluvial valley
				floors during surface coal mining and reclamation operations and continued
				until all bonds are released in accordance with 19.8.14 NMAC. The monitoring
				system shall provide sufficient information to allow the director to determine
				that:
(1) the agricultural utility and
				production of the alluvial valley floor not within the affected area is being
				preserved;
(2) the potential
				agricultural utility and production on the alluvial valley floor within the
				affected area has been reestablished;
(3) the important characteristics supporting
				the essential hydrologic functions of the alluvial valley floor in the affected
				area have been reestablished after mining; and
(4) the important characteristics supporting
				the essential hydrologic functions of an alluvial valley floor in areas not
				affected are preserved during and after mining.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.2 - 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 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.3 - 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 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.5 - 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 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.6 - 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 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.7 - 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 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.2400 - PRIME FARMLAND: SPECIAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Surface coal mining and reclamation operations conducted on
				  prime farmland shall meet the following requirements:
A. a permit shall be obtained for those
				operations under 19.8.10.1004 NMAC;
B. soil materials to be used in the
				reconstruction of the prime farmland soil shall be removed before drilling,
				blasting or mining, in accordance with 19.8.24.2401 NMAC and in a manner that
				prevents mixing or contaminating these materials with undesirable material;
				where removal of soil materials results in erosion that may cause air and water
				pollution, the director shall specify methods to control erosion of exposed
				overburden;
C. the aggregate total
				prime farmland acreage shall not be decreased from that which existed prior to
				mining; water bodies, if any, to be constructed during mining and reclamation
				operations must be located within the post-reclamation non-prime farmland
				portions of the permit area; the creation of any such water bodies must be
				approved by the regulatory authority and the consent of all affected property
				owners within the permit area must be obtained.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.2401 - PRIME FARMLAND: SOIL REMOVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surface coal mining and reclamation
				operations on prime farmland shall be conducted to:
(1) separately remove the entire A horizon or
				other suitable soil material which will create a final soil having a greater
				productive capacity than that which existed prior to mining;
(2) separately remove the B horizon of the
				soil, a combination of B horizon and underlying C horizon, or other suitable
				soil material that will create a reconstructed soil of equal or greater
				productive capacity than that which existed before mining;
(3) separately remove the underlying C
				horizons, other strata, or a combination of horizons or other strata to be used
				instead of the B horizon; when replaced, these combinations shall be equal to,
				or more favorable for plant growth than the B horizon.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.2402 - PRIME FARMLAND: SOIL STOCKPILING

Current through Register Vol. 35, No. 13, July 16, 2024
If not utilized immediately the A horizon or other suitable
				  soil materials specified in Paragraph (1) of Subsection A of
				  19.8.24.2401
				  NMAC and the B horizon or other suitable soil materials specified in Paragraphs
				  (2) and (3) of Subsection A of
				  19.8.24.2401
				  NMAC shall be stored separately from each other and from spoil. These
				  stockpiles shall be placed within the permit area where they are not disturbed
				  or exposed to excessive water or wind erosion before the stockpiled horizons
				  can be redistributed. Stockpiles in place for more than 30 days shall meet the
				  requirements of
				  19.8.20.2006
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND › Section 19.8.24.2403 - PRIME FARMLAND: SOIL REPLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Surface coal mining and reclamation operations on prime
				  farmland shall be conducted according to the following:
A. the minimum depth of soil and soil
				material to be reconstructed for prime farmland shall be 48 inches, or a depth
				equal to the depth of a subsurface horizon in the natural soil that inhibits
				root penetration, whichever is shallower; the director shall specify a depth
				greater than 48 inches, wherever necessary to restore productive capacity due
				to uniquely favorable soil horizons at greater depths; soil horizons shall be
				considered as inhibiting root penetration if their densities, chemical
				properties, or water supplying capacities restrict or prevent penetration by
				roots of plants common to the vicinity of the permit area and have little or no
				beneficial effect on soil productive capacity;
B. replace soil material only on land which
				has been first returned to final grade and scarified according to 19.8.20.2054
				through 2058 NMAC, unless site-specific evidence is provided and approved by
				the director showing that scarification will not enhance the capability of the
				reconstructed soil to achieve equivalent or higher levels of yield;
C. replace the soil horizons or other
				suitable soil material in a manner that avoids excessive compaction;
D. replace the B horizon or other suitable
				material specified in Paragraphs (2) and (3) of Subsection A of 19.8.24.2401
				NMAC to the thickness needed to meet the requirements of Subsection A of
				19.8.24.2401 NMAC;
E. replace the A
				horizon or other suitable soil materials specified in Paragraph (1) of
				Subsection A of 19.8.24.2401 NMAC as the final surface soil layer; this surface
				soil layer shall equal or exceed the thickness of the original soil, as
				determined in 19.8.10.1004 NMAC, and be replaced in a manner that protects the
				surface layer from wind and water erosion before it is seeded or
				planted;
F. apply nutrients and
				soil amendments as needed to quickly establish vegetative growth.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 25 - SPECIAL PERFORMANCE STANDARDS - MOUNTAIN TOP REMOVAL › Section 19.8.25.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Section
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 25 - SPECIAL PERFORMANCE STANDARDS - MOUNTAIN TOP REMOVAL › Section 19.8.25.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 25 - SPECIAL PERFORMANCE STANDARDS - MOUNTAIN TOP REMOVAL › Section 19.8.25.5 - 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 25 - SPECIAL PERFORMANCE STANDARDS - MOUNTAIN TOP REMOVAL › Section 19.8.25.6 - 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 25 - SPECIAL PERFORMANCE STANDARDS - MOUNTAIN TOP REMOVAL › Section 19.8.25.7 - 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 25 - SPECIAL PERFORMANCE STANDARDS - MOUNTAIN TOP REMOVAL › Section 19.8.25.2500 - MOUNTAIN TOP REMOVAL: PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Surface coal mining activities may be conducted under a
				  variance from the requirement of this part for restoring affected areas to
				  their approximate original contour, if:
A. the director grants the variance under a
				permit in accordance with 19.8.10.1001 NMAC;
B. the activities involve the mining of an
				entire coal seam running through the upper fraction of a mountain, ridge, or
				hill, by removing all of the overburden and creating a level plateau or gently
				rolling contour with no highwalls remaining;
C. an industrial, commercial, agricultural,
				residential, or public facility (including recreational facilities) use is
				proposed and approved for the affected land;
D. the alternative land use requirements of
				19.8.20.2073 NMAC are met;
E. all
				applicable requirements of this part, the act and 19.8.1 through 19.8.35 NMAC,
				other than the requirement to restore affected areas to their approximate
				original contour, are met;
F. an
				outcrop barrier of sufficient width, consisting of the toe of the lowest coal
				seam, and its associated overburden, are retained to prevent slides and
				erosion, except that the director may permit an exemption to the retention of
				the coal barrier requirement if the following conditions are satisfied:
(1) the proposed mine site was mined prior to
				May 3, 1978, and the toe of the lowest seam has been removed;
(2) a coal barrier adjacent to a
				head-of-hollow fill may be removed after the elevation of a head-of-hollow fill
				attains the elevation of the coal barrier if the head-of-hollow fill provides
				the stability otherwise ensured by the retention of a coal barrier;
				or
(3) the operator demonstrates to
				the director, and the director determines that no outcrop barrier is necessary
				to prevent slides and erosion.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.2 - 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 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.3 - 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 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.5 - 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 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.6 - 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 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.7 - 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 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.2600 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any surface coal
				mining and reclamation operations on steep slopes shall meet the requirements
				of this part.
B. The standards of
				this part do not apply to mining conducted on a flat or gently rolling terrain
				with an occasional steep slope through which the mining proceeds and leaves a
				plain or predominantly flat area, or to operations covered by 19.8.25
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.2601 - STEEP SLOPES: PERFORMANCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Surface coal mining and reclamation operations subject to
				  this part shall comply with requirements of 19.8.5 NMAC and the following,
				  except to the extent a variance is approved under
				  19.8.26.2602
				  NMAC.
A. Materials not allowed on
				downslopes.
(1) The person engaged in surface
				coal mining and reclamation operations shall prevent the following materials
				from being placed or allowed to remain on the downslope:
(a) spoil;
(b) waste materials, including waste mineral
				matter;
(c) debris, including that
				from clearing the grubbing of haul road construction; and
(d) abandoned or disabled
				equipment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.2602 - STEEP SLOPES: LIMITED VARIANCES

Current through Register Vol. 35, No. 13, July 16, 2024
Persons may be granted variances from the approximate
				  original contour requirements of Subsection B of
				  19.8.26.2601
				  NMAC for steep slope surface coal mining and reclamation operations, if the
				  following standards are met and a permit incorporating the variance is approved
				  under
				  19.8.10.1003
				  NMAC.
A. The highwall shall be
				completely backfilled with spoil material, in a manner which results in a
				static factor of safety of at least 1.3 using standard geotechnical
				analyses.
B. The watershed control
				of the area within which the mining occurs shall be improved by reducing the
				peak flow from precipitation or thaw and reducing the total suspended solids or
				other pollutants in the surface water discharge during precipitation or thaw.
				The total volume of flow during every season of the year shall not vary in a
				way that adversely affects the ecology of any surface water or any existing or
				planned public or private use of surface or ground water.
C. Land above the highwall may be disturbed
				only to the extent that the director deems appropriate and approves as
				necessary to facilitate compliance with the provisions of this part and if the
				director finds that the disturbance is necessary to:
(1) blend the solid highwall and the
				backfilled material;
(2) control
				surface runoff; or
(3) provide
				access to the area above the highwall.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 26 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON STEEP SLOPES › Section 19.8.26.2603 - STEEP SLOPES: MULTIPLE SEAM

Current through Register Vol. 35, No. 13, July 16, 2024
In multiple-seam steep slope affected areas, spoil not
				  required to reclaim and restore the permit area may be placed on a pre-existing
				  bench, if approved by the director and if the following requirements are
				  met:
A. all excess spoil must be
				hauled, placed, and retained on the solid bench;
B. the spoil must be graded to the most
				moderate slope so as to eliminate the existing highwall to the extent possible
				with the available spoil;
C. the
				fill must comply with 19.8.20.2034, 2035, or 2036 NMAC and the other
				requirements of 19.8.19 NMAC through 19.8.28 NMAC;
D. the bench on which the spoil is to be
				placed must have been created and abandoned due to coal mining prior to August
				3, 1977.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Coal Surface Mining Commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 27 - SPECIAL PERFORMANCE STANDARDS - COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR NEAR THE MINE SITE OR NOT WITHIN THE PERMIT AREA FOR A MINE › Section 19.8.27.2 - 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).