This
rule was file as CSMC Rule 79-1.
TITLE
19 NATURAL RESOURCES AND
WILDLIFE
CHAPTER
8 COAL MINING
PART
36 NEW MEXICO COAL SURFACE
MINING REGULATIONS
19.8.36.1 ISSUING AGENCY: Coal Surface Mining Commission
[Recompiled
6/4/02]
19.8.36.2 SCOPE: [RESERVED]
[Recompiled
6/4/02]
19.8.36.3 STATUTORY AUTHORITY:
[Recompiled
6/4/02]
19.8.36.4 DURATION: [RESERVED]
[Recompiled
6/4/02]
19.8.36.5 EFFECTIVE DATE: [Filed February 12, 1985]
[Recompiled
6/4/02]
19.8.36.6 OBJECTIVE: [RESERVED]
[Recompiled
6/4/02]
19.8.36.7 DEFINITIONS: INITIAL REGULATORY PROGRAM:
A. DEFINITIONS (700.5):
These definitions except as otherwise provided for in this section shall
apply to Sections 15 through 38 [now 19.8.36.7 NMAC, and 19.8.36.22 NMAC
through 19.8.36.44 NMAC]. *Corresponding
section number of federal regulations is in parenthesis.
(1) Auger mining means a method of mining
coal at a cliff or highwall by drilling holes laterally into an exposed coal
seam from the highwall and transporting the coal along an auger bit to the
surface.
(2) Coal means combustible carbonaceous rock,
classified as anthracite, bituminous, subbituminous, or lignite by A.S.T.M.
designation 0-338-66.
(3) Director means the director, office of
surface mining reclamation and enforcement, or his representative.
(4) Federal lands means any land, including
mineral interests, owned by the United States without regard to how the United
States acquired ownership of the lands and without regard to the agency having
responsibility for management therof, except Indian lands; provided, that for
the purposes of the Act lands or mineral interests east of the one-hundredth
meridian west longitude owned by the United States and entrusted to or managed
by the Tennessee Valley Authority are not subject to sections 714 (Surface
Owner Protection); and 715 (Federal Lessee Protection) of the Act.
(5) Imminent danger to the health and safety
to the public means the existence of any condition or practice, or any
violation of a permit or other requirement of the Act in a surface coal mining
and reclamation operation, which condition, practice or violation could
reasonably be expected to cause substantial physical harm to persons outside
the permit area before such condition, practice or violation can be abated. A
reasonable expectation of death or serious injury before abatement exists if a
rational person, subjected to the same condition or practice giving rise to the
peril, would not expose himself or herself to the danger during the time
necessary for abatement.
(6) Office means the office of surface mining
reclamation and enforcement established under Title II of the Act.
(7)
Operator means any person engaged in coal mining.
(8) Permit means a permit to conduct surface
coal mining and reclamation operations issued by the state under state law.
(9) Permittee means any individual,
partnership, association, society, joint stock company, firm, company,
corporation, or other business organization holding a permit to conduct surface
coal mining and reclamation operations issued by the state under state law.
(10) Person
means an individual, partnership, association, society, joint stock company,
firm, company, corporation, or other business organization.
(11) Secretary means the secretary of the
Interior or his representative.
(12) Significant, imminent environmental harm
to land, air or water resources is determined as follows:
(a) An environmental harm is any adverse
impact on land, air or water resources, including but not limited to plant and
animal life.
(b) An environmental harm is imminent if a
condition, practice or violation exists which is causing such harm or may
reasonably be expected to cause such harm at any time before the end of the
reasonable abatement time that would be set under section 521(a)(3) of the Act.
(c) An environmental harm is significant if
that harm is appreciable and not immediately reparable.
(13) State program means a program established by a state pursuant to
section 503 of the Act to regulate surface coal mining and reclamation
operations on lands within such state in accord with the requirements of the
Act and regulations issued by the secretary under the Act.
(14) State regulatory authority means the
department or agency in each state which has primary responsibility at the
State level for administering the Act under both the initial and permanent
regulatory programs.
(15) Surface coal mining operations means: (a)
activities conducted on the surface of lands in connection with a surface coal
mine or subject to the requirements of Section 516 surface operations and
surface impacts incident to an underground coal mine, the products of which
enter commerce or the operations of which directly or indirectly affect
interstate commerce. Such activities include excavation for the purpose of
obtaining coal including such common methods as contour, strip, auger,
mountaintop removal, box cut, open pit and area mining, the uses of explosives
and blasting and in situ distillation or restoring, leaching or other chemical
or physical processing, and the cleaning, concentrating or other processing or
preparation, loading of coal for interstate commerce at or near the mine site;
provided however, that such activities do not include the extraction of coal
incidental to the extraction of other minerals where coal does not exceed 16
2/3 per centum of the tonnage of minerals removed for purposes of commercial
use or sale or coal exploration subject to Section 512 of the Act; and (b) the
areas upon which such activities occur or where such activities disturb the
natural land surface. Such area shall
also include any adjacent land, the use of which is incidental to any such
activities, all lands affected by the construction of new roads or the
improvement or use of existing roads to gain access to the site of such
activities and for haulage and excavation, workings, impoundments, dams,
ventilation shafts, entryways, refuse banks, dumps, stock piles, overburden
piles, spoil banks, culm banks, tailings, holes or depressions, repair areas,
storage areas, processing areas, shipping areas and other areas upon which are
sited structures, facilities or other property or material on the surface,
resulting from or incident to such activities.
(16) Surface coal mining and reclamation
operations means surface coal mining operations and all activities necessary and
incidental to the reclamation of such operations. This term includes the term
"surface coal mining operations.
(17) Ton means 2,000 pounds avoirdupois
(.90718 metric ton).
(18) Approval of the state regulatory
authority means approval by the chief of the bureau of surfacemining unless
such approval is subsequently withdrawn by the commission.
B. DEFINITIONS (710.5):
As used throughout the initial regulatory program the following terms
have the specified meanings unless otherwise indicated:
(1) Acid drainage means water with a pH of
less than 6.0 discharged from active or abandoned mines and from areas affected
by coal mining operations.
(2) Acid-forming materials means earth
materials that contain sulfide mineral or other materials which, if exposed to
air, water or weathering processes, will cause acids that may create acid
drainage.
(3) Alluvial valley floors means
unconsolidated stream-laid deposits holding streams where water availability is
sufficient for subirrigation or flood irrigation agricultural activities but
does not include upland areas which are generally overlain by a thin veneer of
colluvial deposits composed chiefly of debris from sheet erosion, deposits by
unconcentrated runoff or slope wash, together with talus, other mass movement
accumulation and windblown deposits.
(4) Approximate original contour means that
surface configuration achieved by backfilling and grading of the mined area so
that the reclaimed area, including any terracing or access roads, closely
resembles the general surface configuration of the land prior to mining and
blends into and complements the drainage pattern of the surrounding terrain,
with all highwalls and spoil piles eliminated; water impoundments may be
permitted where the regulatory authority determines that they are in compliance
with Section 715.17.
(5) Aquifer means a zone, stratum or group of
strata that can store and transmit water in sufficient quantities for a
specific use.
(6) Combustible material means organic
material that is capable of burning either by fire or through a chemical
process (oxidation) accompanied by the evolution of heat and a significant
temperature rise.
(7) Compaction means the reduction of pore
spaces among the particles of soil or rock, generally done by running heavy
equipment over the earth materials.
(8) Disturbed area
means those lands that have been affected by surface coal mining and
reclamation operations. "Disturbed area" is synonymous with the words
"affected area" used in Section 1 through 37 [19.8.36.8 NMAC through
19.8.36.43 NMAC].
(9)
Diversion means a channel, embankment, or other manmade structure
constructed for the purpose of diverting water from one area to another.
(10) Downslope means the land surface between
a valley floor and the projected outcrop of the lowest coalbed being mined
along each highwall.
(11) Embankment means an artificial deposit of
material that is raised above the natural surface of the land and used to
contain, divert, or store water, support roads or railways, or other similar
purposes.
(12) Essential hydrologic functions means,
with respect to alluvial valley floors, the role of the valley floor in
collecting, storing, and regulating the natural flow of surface water and
groundwater, and in providing a place for irrigated and subirrigated farming,
by reason of its position in the landscape and the characteristics of its
underlying material.
(13) Flood irrigation means irrigation through
natural overflow or the temporary diversion of high flows in which the entire
surface of the soil is covered by a sheet of water.
(14) Groundwater means subsurface water that
fills available openings in rock or soil materials such that they may be
considered water-saturated.
(15) Highwall means the face of exposed
overburden and coal in an open cut of surface or for entry to an underground
coal mine.
(16) Hydrologic balance means the relationship
between the quality and quantity of inflow to, outflow from, and storage in a
hydrologic unit such as a drainage basin, aquifer, soil zone, lake or
reservoir. It encompasses the quantity and quality relationships between
precipitation, runoff, evaporation and the change in ground and surface water
storage.
(17) Hydrologic regime means the entire state
of water movement in a given area. It is a function of the climate, and
includes the phenomena by which water first occurs as atmospheric water vapor,
passes into a liquid or solid form and falls as precipitation, moves thence
along or into the ground surface and returns to the atmosphere as vapor by
means of evaporation and transpiration.
(18) Impoundment means a closed basin formed
naturally or artifically built, which is dammed or excavated for the retention
of water, sediment or waste.
(19) Intermittent or perennial stream means a
stream or part of a stream that flows continuously during all (perennial) or
for at least one month (intermittent) of the calendar year as a result of
groundwater discharge or surface runnoff. The term does not include an
ephemeral stream which is one that flows for less than one month of a calendar
year and only in direct response to precipitation in the immediate watershed
and whose channel bottom is always above the local water table.
(20) Introduced species means a species which
does not occur naturally in an area.
(21) Leachate
means a liquid that has percolated through soil, rock or waste and has
extracted dissolved or suspended materials.
(22) Native species means a species which
either originated in an area or became naturalized and occurs naturally in an
area.
(23) Noxious plants means species that have
been included on official state lists of noxious plants for the state in which
the operation occurs.
(24) Overburden means material of any nature,
consolidated or unconsolidated, that overlies a coal deposit, excluding
topsoil.
(25) Outslope means the exposed area sloping
away from a bench or terrace being constructed as a part of a surface coal
mining and reclamation operation.
(26) Productivity means the vegetative yield
produced by a unit area for a unit of time.
(27) Recharge capacity means the ability of
the soils and underlying materials to allow precipitation and runoff to
infiltrate and reach the zone of saturation.
(28) Roads means access and haul roads
constructed, used, reconstructed, improved or maintained for use in surface
coal mining and reclamation operations, including use by coal-hauling vehicles
leading to transfer, processing or storage areas. The term includes any such
road used and not graded to approximate original contour within 45 days of
construction other than temporary roads used for topsoil removal and coal haulage
roads within the pit area. Roads maintained with public funds such as all
federal, state, county, or local roads are excluded.
(29) Recurrence interval means the
precipitation event expected to occur, on the average, once in a specified
interval. For example, the ten-year 24-hour precipitation event would be that
24-hour precipitation event expected to be exceeded on the average once in ten
years. Magnitude of such events are as defined by the national weather service
technical paper no. 40, "Rainfall Frequency Atlas of the U.S.," May
1961, and subsequent amendments or equivalent regional or rainfall probability
information developed therefrom.
(30) Runoff means precipitation that flows
overland before entering a defined stream channel and becoming streamflow.
(31) Safety factor means the ratio of the
available shear strength to the developed shear stress on a potential surface
of sliding determined by accepted engineering practice.
(32)
Sediment means undissolved organic and inorganic material transported or
deposited by water.
(33) Sedimentation pond means any natural or
artificial structure or depression used to remove sediment from water and store
sediment or other debris.
(34) Slope means average inclination of a
surface, measured from the horizontal. Normally expressed as a unit of vertical
distance to a given number of units of horizontal distance (e.g., 1v to 5h=20
percent=11.3 degrees).
(35) Soil horizons means contrasting layers of
soil lying one below the other, parallel or nearly parallel to the land
surface. Soil horizons are differentiated on the basis of field characteristics
and laboratory data. The three major soil horizons are:
(a) A horizon. The uppermost layer in the
soil profile often called the surface soil. It is the part of the soil in which
organic matter is most abundant, and where leaching of soluble or suspended
particles is the greatest.
(b) B horizon. The layer immediately beneath
the A horizon and often called the subsoil. This middle laver commonly contains
more clay, iron, or aluminum than the A or C horizons.
(c) C horizon. The deepest layer of the soil
profile. It consists of loose material or weathered rock that is relatively
unaffected by biologic activity.
(36) Spoil means overburden that has been
removed during surface mining.
(37) Stabilize means any method used to
control movement of soil, spoil piles or areas of disturbed earth and includes
increasing bearing capacity, increasing shear strength, draining, compacting or
revegetating.
(38) Subirrigation means irrigation of plants
with water delivered to the roots from underneath.
(39) Surface water means water, either flowing
or standing, on the surface of the earth.
(40) Suspended solids means organic or
inorganic materials carried or held in suspension in water that will remain on
a 0.45 micron filter.
(41) Toxic-forming materials means earth
materials or wastes which, if acted upon by air, water, weathering or
microbiological processes, are likely to produce chemical or physical
conditions in soils or water that are detrimental to biota or uses of water.
(42) Toxic-mine drainage means water that is
discharged from active or abandoned mines and other areas affected by coal
mining operations and which contains a substance which through chemical action
or physical effects is likely to kill, injure or impair biota commonly present
in the area that might be exposed to it.
(43) Valley fill and head-of-hollow fill means
a structure consisting of any materials other than waste placed so as to
encroach upon or obstruct to any degree any natural stream channel other than
those minor channels located on highland areas where overland flow in natural
rills and gullies is the predominant form of runoff. Such fills are normally
constructed in the uppermost portion of a V-shaped valley in order to reduce
the upstream drainage area (head-of-hollow fills). Fills located farther
downstream (valley fills) must have larger diversion structures to minimize
infiltration. Both fills are characterized by rock underdrains and are
constructed in compacted lifts from the toe to the upper surface in a manner to
promote stability.
(44) Waste means earth materials, which are
combustible, physically unstable, or acid-forming or toxic-forming, wasted or
otherwise separated from product coal and are slurried or otherwise transported
from coal processing facilities or preparation plants after physical or
chemical processing, cleaning or concentrating of coal.
(45) Water table means upper surface of a zone
of saturation, where the body of groundwater is not confined by an overlying
impermeable zone.
[Recompiled
6/4/02]
19.8.36.8 PERMIT APPLICATION - FEES: A permit application accompanied by a
written mining plan and signed by the operator shall be filed with the director
of the mining and minerals division of the energy and minerals department
(hereinafter director) along with the application and initial acreage fees
required by Section 69-25-8 NMSA 1978, or such other application fee which may
be subsequently established by regulation of the commission pursuant to Section
10 (A), Laws of 1979, Chapter 291.
[Recompiled
6/4/02]
19.8.36.9 MINING PLAN: The mining plan prepared by the operator for
approval by the Director shall set forth the following information:
A. a statement of the operator's name and address and the
name and address of the person designated by the operator to receive service;
B. a description of the affected area;
C. the
owner of the affected area;
D. the owner of the coal to be mined;
E. an estimate of the acreage to be affected during the
operator's first year of the operation; for operators conducting mining
operations on February 29, 1972, acreage shall be computed from that date;
F. a topographical map or maps of the area to be affected
prepared on a scale suitable to facilitate interpretation showing the
following:
(1) an outline and total acreage of the
permit area and of the area anticipated to be affected by the mining
operations;
(2) the location of any areas within the
permit area which were affected prior to February 29, 1972, provided, however,
that mining plans submitted for underground permits shall show the location of
any areas within the permit area which were affected prior to May 4, 1978;
(3) drainage
on and away from the affected area, showing direction and an estimate of the
quantity of flow of water in drainways and natural surface water courses and
streams (intermittent or flowing) discharging onto and receiving discharge from
the affected area in its original character and as it is anticipated to be
during mining and following reclamation;
(4) surface topography at an appropriate
contour interval;
(5) location of land to become affected area
during the first calendar year next succeeding February 29, 1972, in the case
of operators conducting mining operations on that date or the location of land
to become affected area during the year immediately succeeding the issuance of
a permit in the case of operators requiring a permit before commencing
operations;
(6) date the map was prepared or updated;
(7) north point; and
(8) name of United States geological survey
quandrangle, if any, covering the same area.
G. a diagrammatic sketch comparing the physiographic
features of the area prior to mining operations, with a projection of the
physiographic features of the affected area after reclamation;
H. the present use of the land to be mined and the surface
owner's proposed end use of the affected area including, as may be known,
current and planned uses of surrounding land which by proximity may influence
or guide the choice of end use in the affected area;
I. a summary of the climatological (including as available
temperature ranges on a monthly basis, a statement of the annual rainfall for
the preceding ten years in the area to be mined and maximum and minimum annual
rainfall, if possible, on a monthly basis), topographical, soil, water,
agricultural and wildlife data and other factors that influence the current use
of the affected areas and will influence the proposed use of the reclaimed
land;
J. an estimate of any water to be stored, diverted or used
and any resulting pollutants;
K. a description of the soil types and analyses of the soils
in the area to be affected prepared in conformance with professionally accepted
standards (National Cooperative Soil Survey's Basic System of Soil
Classification);
L. an estimate, on the basis of presently available
information, of the range of depths of surface mining operations for which the
operator requests the permit;
M. an estimate of the anticipated volume of overburden to be
removed and its placement;
N. an estimate of the acreage to be affected on an annual
basis;
O. the depth of the topsoil in the affected area before any
mining takes place;
P. the efforts which will be made to remove and preserve
topsoil prior to mining;
Q. a detailed proposal and time schedule for grading the
affected area; the grading schedule shall be set out graphically on a separate
copy of the topographical map;
R. a description of the existing vegetation in the area to
be affected and a description of the vegetation as it is anticipated to be
following reclamation, including a description of the general type or species
of plant to be initially utilized in the revegetation procedure, together with
estimates of planting times and growths to maturity;
S. a detailed proposal and time schedule for revegetating
the affected area;
T. the type and quantity of any organic material or soil
conditioner to be introduced in the affected area prior to or during planting;
U. a tentative statement of the operator's present plan with
respect to revegetation and reclamation efforts not otherwise set forth in the
proposed mining plan;
V. the location where waste materials will be deposited and
the period of time for depositing waste materials in a given location prior to
grading;
W. any comments which the operator feels may be desirable,
including comments on any anticipated reclamation problems; and a statement
that the operator shall comply with all of the general performance standards
contained in these regulations.
[Recompiled
6/4/02]
19.8.36.10 SUBMISSION AND APPROVAL OF MINING
PLAINS:
A. At least 50 days prior to submitting a permit application
accompanied by a mining plan, the operator shall file with the director a
notice of its intent to do so. The notice shall include all of the information
required by Section 2 [now 19.8.36.9 NMAC] above along with such other
information as the operator may consider necessary or useful to the director.
B. Within 15 days after receipt of a notice of intent to
submit a mining plan, the director shall establish the date and place of a
hearing on the environmental impact of the proposed mining plan. The hearing
shall be held in the county in which the mining is to be carried out.
C. Notice of the hearing on the environmental impact of the
mining plan shall be given at least 20 days prior to the hearing, printed in a
paper of general circulation in the county or counties in which the mining is
to be carried out. The notice shall state the name of the operator, the area to
be covered by the mining plan, the time and place of the hearing, and where the
proposed mining plan and accompanying information shall be available for
inspection and copying by the public at reasonable times.
D. Reasonable effort shall be made by the director to give
notice to all persons who have made a
written request for advance notice of environmental impact hearings.
E. Any person desiring to present evidence or give
testimony at the environmental impact hearing on a proposed mining plan shall
file a request to do so with the director at least ten days prior to the
hearing. The director will transmit a copy of the request to the operator at
least five days prior to the hearing. The request shall contain the name and
address of the person desiring to participate and a plain and concise statement
of the nature of the person's interests.
F. Any person who has filed a timely request to participate
in a hearing on the environmental impact of a proposed mining plan shall be
given reasonable time at the hearing to submit relevant evidence, data and
views and shall be allowed to call and examine witnesses, introduce exhibits,
cross-examine witnesses and submit rebuttal evidence.
G. The director may designate a hearing officer to take
evidence at the hearing on the environmental impact of a proposed mining plan.
The hearing officer so designated will preside and will have authority to
direct the hearing, to examine witnesses and to make such rulings on evidence
as may be necessary. The director shall maintain a verbatim record of said
hearing and such record shall be a part of the record of the permit application
hearing.
H. Within ten days after receipt of a permit application
accompanied by a mining plan, the director shall establish a date for the
permit application hearing to be held in Santa Fe.
I. Notice of the permit application hearing shall be given
to the operator at least 15 days prior to the hearing.
J. Permit application hearings shall be conducted in
accordance with the procedures set out in Section 8 [now 19.8.36.15 NMAC].
[Recompiled
6/4/02]
19.8.36.11 MINING PLAN AMENDMENTS: For good cause shown, mining plans may be
amended with the approval of the director. Upon request of the operator and
upon 15 days notice to the operator, the director shall set a hearing on any
proposal to amend a mining plan. The hearing shall be conducted in accordance
with the procedures set out in Section 8 [now 19.8.36.15 NMAC].
[Recompiled
6/4/02]
19.8.36.12 OTHER APPROVALS: Applications by operators to the director
for approval shall be deemed to be application for extension of time to permit
compliance with the requirement of obtaining such approval and the pendency of
such application shall entitle the operator so applying to continue operations
in accordance with these regulations in the absence of such approval while such
application is pending and until such application is acted upon.
[Recompiled
6/4/02]
19.8.36.13 ANNUAL REPORTS:
A. Within 60 days after the end of the operator's mining
year, the operator shall submit to the director two copies of a report, setting
out in detail all measures taken to effect reclamation of the affected area.
The report will be typewritten and signed by the operator. The report shall
include the following information:
(1) a statement of the operator's name,
address and permit number;
(2) the number of acres of affected area
resulting from operations during the preceding mining year;
(3) the number of acres for which grading was
commenced during the preceding mining year and the location thereof;
(4) the number of acres for which grading
was completed during the preceding mining year and the location thereof;
(5) the number of acres for which revegetation
was commenced during the preceding mining year and the location thereof;
(6) an enumeration of the various types of
vegetation planted and the location thereof;
(7) the number of acres for which revegetation
had been completed during the preceding mining year and the location thereof;
(8) an appraisal of the success of any
revegetation efferts;
(9) in the event of any failure of
revegetation efforts, an explanation, if possible, of that failure;
(10) an analysis of the soil in the areas to
be revegetated;
(11) a statement of the type and quantity of
any organic material or soil conditioners introduced into the affected area
prior to or during planting;
(12) a statement of the extent of any efforts
made to replace topsoil;
(13) a statement of any reuse of the land
which has taken place after the land has been reclaimed; and
(14) any other information about the
operator's reclamation efforts which he feels would be of assistance to the
director.
B. Accompanying the report, the operator shall submit a map
prepared at the same scale as the map submitted with the mining plan or a
suitable overlay showing the following:
(1) the outline of the permit area;
(2) the outline of the affected area;
(3) an outline of that portion of the
affected area resulting from mining operations during the preceding mining
year; and
(4) the location of the operator's grading
efforts during the preceding mining year to enable the director to correlate
the grading data given in the annual report.
[Recompiled
6/4/02]
19.8.36.14 ANNUAL FEE: Each operator shall pay an annual fee of
$20.00 per acre of affected area resulting from his mining operations during
the preceding mining year. The annual fee shall accompany the annual report.
[Recompiled
6/4/02]
19.8.36.15 PROCEEDINGS BEFORE THE DIRECTOR: In the hearings provided for in Subsection 3
J and Section 4 of this Rule 79-1 [now Subsection J of 19.8.36.10 NMAC and
19.8.36.11 NMAC] and in Laws, 1979, Chapter 291, as being adjudicatory in
nature:
A. the director may designate a hearing officer to take
evidence at the hearing; the hearing officer so designated will preside and
will have authority to direct the hearing, to administer oaths and to make such
rulings on evidence and procedures as may be necessary.
B. the director shall maintain a verbatim record of the
hearing and the record in the proceeding shall include:
(1) all notices, pleadings, motions and
intermediate rulings;
(2) evidence received or considered;
(3) a statement of matters officially
noticed;
(4) questions and offers of proof,
objections, and rulings thereon;
(5) proposed findings and conclusions; and
(6) the director's decision.
(7) the costs of a transcript, if required by
the director, shall be paid by the applicant.
C. irrelevant, immaterial or unduly repetitious evidence
shall be excluded; the rules of evidence applicable in an administrative
adjudicatory proceeding shall be followed; the director shall give effect to
the rules of privilege recognized by law; objections to evidentiary offers may
be made and shall be noted in the record; subject to these requirements, when a
hearing of the parties will not be prejudiced substantially, any part of the
evidence may be received in written form.
D. the parties to the proceeding and the director may call
and examine witnesses, introduce exhibits, cross-examine witnesses and submit
rebuttal evidence.
E. official notice may be taken of all facts of which
judicial notice may be taken and of other facts within the specialized
knowledge of the director, but whenever the director takes official notice of a
fact, the noticed fact shall be stated before or during the hearing, and a
party shall, on timely request, be afforded an opportunity to show to the
contrary.
F. prior to the entry of the director's decision, the
parties shall be afforded a reasonable opportunity to submit proposed findings
of fact and conclusions of law.
G. the director must hear the evidence or read the record;
the decision shall include a statement of findings and conclusions upon all
material issues of fact and of law, together with the appropriate order,
sanction, relief or denial thereof; findings of fact shall be based exclusively
on the evidence presented and on matters officially noticed.
H. within five days after the decision is rendered, the
director shall give a copy thereof to the operator.
I. the effective date of any notice or order issued
pursuant to Section 25 of the Surface Mining Act by the director may be stayed
by the commission during the statutory period within which an appeal might be
filed, and in the event of an appeal therefrom during the pendency of such an
appeal, the commission may, in the exercise of its discretion, require a
supersedeas bond in an amount sufficient to alleviate any environmental injury
to the affected land.
[Recompiled
6/4/02]
19.8.36.16 REVIEW OF DIRECTOR'S DECISIONS:
A. Any person who is or may be aggrieved by the decision of
the director may appeal the director's decision by filing a notice of appeal
with the chairman of the commission within 30 days of the date of the
director's decision. The notice of appeal shall include a short concise
statement of the decision appealed from and the reason for appeal.
B. Upon receipt of the notice of appeal, the chairman of the
commission shall call a meeting of the commission within 30 days of the date
the notice of appeal is filed to conduct a hearing on the appeal. The appealing
party shall be given notice by the commission of the time and place of the
hearing at least 20 days in advance of the convening.
C. The hearing shall be held by the commission at the time
and place specified in the notice to the appealing party. At the hearing, the
matter involved in the director's decision from which the appeal has been taken
will be heard in accordance with the procedures set forth in Section 8 [now 19.8.36.15
NMAC], except as inconsistent with Section 29 of the Surface Mining Act.
D. The commission's decision may affirm, set aside, amend
reverse, or remand the director's decision for further proceedings or may
compel action unlawfully withheld or unreasonably delayed.
[Recompiled
6/4/02]
19.8.36.17 SERVICE: Any notice, decision or other document
required to be served by these regulations may be served either personally or
by certified or registered mail, return receipt requested, directed to the
operator or other person required to be served at his last known address as
shown by the director's records. Where service is by certified or registered
mail, the document will be considered served on the date borne by the return
receipt showing delivery to the addressee or refusal of the addressee to accept
the document.
[Recompiled
6/4/02]
19.8.36.18 SPECIAL DEFINITION OF MINING YEAR: An operator's "mining year" shall
be the calendar year.
[Recompiled
6/4/02]
19.8.36.19 BOND: Whenever the director contemplates that it
may be necessary to insure compliance under the provisions of the Act, or any
regulation or mining plan requirement, he shall give notice of intention to
require bond, its condition and amount, to the operator and the operator shall
be given opportunity to respond to the proposed bond. In the event the operator
does not agree on the necessity, or the terms, conditions or amount of any
proposed bond, the director shall provide the operator the opportunity for a
hearing thereupon under the procedures of Section 8 [now 19.8.36.15 NMAC] of
these regulations.
[Recompiled
6/4/02]
19.8.36.20 AMENDMENT OF PERMITS: For good cause shown, mining permits may be
amended upon approval of the director. The director may, in the exercise of his
discretion, order a public hearing upon reasonable notice to the permittee and
the public. Such hearing shall be conducted in accordance with the provisions
of Section 8 [now 19.8.36.15 NMAC] of these regulations.
[Recompiled
6/4/02]
19.8.36.21 INTERIM PERIOD PERMITS:
A. Permits issued pursuant to this Rule 79-1 [now 19.8.36
NMAC], preceding the date which occurs eight months following the date upon
which the state program is approved, within the meaning of Section 503 of the
Surfacemining Control and Reclamation Act of 1977, shall be deemed to be
determined a permit issued pursuant to Laws 1972, Chapter 68, and regulations
that relate thereto. Such permits shall be subject to the performance standards
set forth in Sections 16 through 38 of this Rule 79-1[now 19.8.36.22 NMAC
through 19.8.36.44 NMAC].
B. Notwithstanding the foregoing subsection, and following
the approval of a permanent state program, the director may issue permits
pursuant to Section 9 of the Surface Mining Act.
[Recompiled
6/4/02]
19.8.36.22 GENERAL PERFORMANCE STANDARDS: GENERAL OBLIGATIONS (715.11):
A. Authorizations to operate. A copy of all current permits,
licenses, approved plans, or other authorizations to operate the mine shall be
available for inspection at or near the mine site.
B. Mine maps. Any person conducting surface coal mining and
reclamation operations on and after May 3, 1978, shall submit two copies of an
accurate map of the mine and permit area at a scale of 1:6000 or larger. The
map shall show as of May 3, 1978, the lands from which coal has not yet been
removed and the lands and structures which have been used or disturbed to
facilitate mining. One copy of the mine map shall be submitted to the state
regulatory authority and one copy shall be submitted to the regional director,
OSM, before July 3, 1978.
[Recompiled
6/4/02]
19.8.36.23 GENERAL PERFORMANCE STANDARDS: SIGNS AND MARKERS (715.12):
A. Specifications. All signs required to be posted shall be
of a standard design that can be seen and read easily and shall be made of durable
material. The signs and other markers shall be maintained during all operations
to which they pertain and shall conform to local ordinances and codes.
B. Mine and permit identification signs. Signs identifying
the mine area shall be displayed at all points of access to the permit area
from public roads and highways. Signs
shall show the name, business address and telephone number of the permittee and
identification numbers of current mining and reclamation permit. Such signs
shall not be removed until after release of all bonds.
C. Perimeter markers. The perimeter of the permit area shall
be clearly marked by durable and easily recognized markers or by other means
approved by the regulatory authority.
D. Buffer zone markers. Buffer zones as defined in Section
715.17 shall be marked in a manner consistent with the perimeter markers along
the interior boundary of the buffer zone.
E. Blasting signs. If blasting is necessary to conduct
surface coal mining operations, signs reading "Blasting Area" shall be
displayed conspicuously at the edge of blasting areas along access and haul
roads within the mine property. Signs reading "Blasting Area" and
explaining the blasting warning and all-clear signals shall be posted at all
entrances to the permit area.
F. Topsoil markers. Where topsoil or other
vegetation-supporting material is segregated and stockpiled according to
Section 715.16(c), the stockpiled material shall be marked. Markers shall
remain in place until the material is removed.
[Recompiled
6/4/02]
19.8.36.24 GENERAL PERFORMANCE STANDARDS: POSTMINING USE OF LAND (715.13):
A. General. All disturbed areas 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 paragraph (d) of this Section
[now Subsection D of 19.8.36.24 NMAC].
B. Determining premining use of land. The premining uses of
land to which the postmining land use is compared shall be those uses which the
land previously supported if the land had not been previously mined and had
been properly managed.
(1) The postmining land use for land that has
been previously mined and not reclaimed shall be judged on the basis of the
highest and best use that can be achieved and is compatible with surrounding
areas.
(2) The postmining land use for land that has
received improper management shall be judged on the basis of the premining use of
surrounding lands that have received proper management.
(3) If the premining use of the land was
changed within five years of the beginning of mining, the comparison of
postmining use to premining use shall include a comparison with the historic
use of the land as well as its use immediately preceding mining.
C. Land-use categories. Land use is categorized in the
following groups. Change from one to another land use category in premining to
postmining constitutes an alternate land use and the permittee shall meet the
requirements of paragraph (d) [now Subsection D of 19.8.36.24 NMAC] of this
Section and all other applicable environmental protection performance standards
of this chapter.
(1) Heavy industry. Manufacturing facilities,
powerplants, airports or similar facilities.
(2) Light industry and commercial services.
Office buildings, stores, parking facilities, apartment houses, motels, hotels
or similar facilities.
(3) Public
services. Schools, hospitals, churches, libraries, watet-treatment facilities,
solid-waste disposal facilities, public parks and recreation facilities, major
transmission lines, major pipelines, highways, underground and surface utilities
and other servicing structures and appurtenances.
(4) Residential. Single-and multiple-family
housing (other than apartment houses) with necessary support facilities.
Support facilities may include commercial services incorporated in and
comprising less than five percent of the total land area of housing capacity,
associated open space and minor vehicle parking and recreation facilities
supporting the housing.
(5) Cropland. Land used primarily for the
production of cultivated and close-growing crops for harvest alone or in
association with sod crops. Land used for facilities in support of farming
operations are included.
(6) Rangeland. Includes rangelands and forest
lands which support a cover of herbaceous or scrubby vegetation suitable for
grazing or browsing use.
(7) Hayland or pasture. Land used primarily
for the long-term production of adapted, domesticated forage plants to be
grazed by livestock or cut and cured for livestock feed.
(8) Forest land. Land with at least a 25
percent tree canopy or land at least ten percent stocked by forest trees of any
size, including land formerly having had such tree cover and that will be
naturally or artifically reforested.
(9) Impoundments of water. Land used for
storing water for beneficial uses such as stock ponds, irrigation, fire
protection, recreation or water supply.
(10) Fish and wildlife habitat and recreation
lands. Wetlands, fish and wildlife habitat, and areas managed primarily for
fish and wildlife or recreation.
(11) Combined uses. Any appropriate
combination of land uses where one land use is designated as the primary land
use and one or more other land uses are designated as secondary land uses.
D. Criteria for approving alternative postmining use of
land. An alternative postmining land use shall be approved by the regulatory
authority, after consultation with the landowner or the land-management agency
having jurisdiction over state or federal lands, if the following criteria are
met. Proposals to remove an entire coal seam running through the upper part of
a mountain, ridge, or hill must also meet these criteria in addition to the
requirements of Section 716.3 of this chapter.
(1) The proposed land use is compatible with
adjacent land use and, where applicable, with existing local, state or federal
land use policies and plans. A written statement of the views of the
authorities with statutory responsibilities for land use policies and plans
shall accompany the request for approval. The permittee shall obtain any
required approval of local, state or federal land management agencies, including
any necessary zoning or other changes necessarily required for the final land
use.
(2) Specific plans have been prepared which
show the feasibility of the proposed land use as related to needs, projected
land use trends and markets and that include a schedule showing how the
proposed use will be developed and achieved within a reasonable time after
mining and be sustained. The regulatory authority may require appropriate
demonstrations to show that the planned procedures are feasible, reasonable and
integrated with mining and reclamation, and that the plans will result in
successful reclamation.
(3) Provision of any necessary public
facilities is assured as evidenced by letters of commitment from parties other
than the permittee, as appropriate, to provide them in a manner compatible with
the permittee's plans.
(4) Specific and feasible plans for financing
attainment and maintenance of the postmining land use including letters of
commitment from parties other than the permittee as appropriate, if the
postmining land use is to be developed by such parties.
(5) The plans are designed under the general
supervision of a professional engineer registered in the state of New Mexico,
or other appropriate professional, who will ensure that the plans conform to
applicable accepted standards for adequate land stability, drainage, and
vegetative cover, and aesthetic design appropriate for the postmining use of
the site.
(6) The
proposed use or uses will neither present actual or probable hazard to public
health or safety nor will they pose any actual or probable threat of water flow
diminution or pollution.
(7) The use or uses will not involve
unreasonable delays in reclamation.
(8) Necessary approval of measures to prevent
or mitigate adverse effects on fish and wildlife has been obtained from the
regulatory authority and appropriate state and federal fish and wildlife
management agencies.
(9) Proposals to change premining land uses
of range, fish and wildlife habitat, forest land, hayland, or pasture to a
postmining cropland use, where the cropland would require continuous
maintenance such as seeding, plowing, cultivation, fertilization, or other
similar practices to be practicable or to comply with applicable Federal,
State, and local laws, shall be reviewed by the regulatory authority to assure
that:
(a) There is a firm written commitment by the
permittee or by the landowner or land manager to provide sufficient crop
management after release of applicable performance bonds to assure that the
proposed postmining cropland use remains practical and reasonable.
(b) There is sufficient water available and
committed to maintain crop production; and
(c) Topsoil quality and depth are shown to be
sufficient to support the proposed use.
(10) The
regulatory authority has provided by public notice not less than 45 days nor
more than 60 days for interested citizens and local, state and federal agencies
to review and comment on the proposed land use.
[Recompiled
6/4/02]
19.8.36.25 GENERAL PERFORMANCE STANDARDS: BACKFILLING AND GRADING (715.14): In order to achieve the approximate original
contour, the permittee shall, except as provided in this section, transport,
backfill, compact (where advisable to ensure stability or to prevent leaching
of toxic materials) and grade all spoil material to eliminate all highwalls,
spoil piles and depressions. Cut-and-fill terraces may be used only in those
situations expressly identified in this section. The postmining graded slopes
must approximate the premining natural slopes in the area as defined in
paragraph (a) [now Subsection A of 19.8.36.25 NMAC].
A. Slope measurements.
(1) To determine the natural slopes of the
area before mining, sufficient slopes to adequately represent the land surface
configuration, and as approved by the regulatory authority in accordance with
site conditions, must be accurately measured and recorded. Each measurement
shall consist of an angle of inclination along the prevailing slope extending
100 linear feet above and below or beyond the coal outcrop or the area to be
disturbed; or, where this is impractical, at locations specified by the
regulatory authority. Where the area has been previously mined, the
measurements shall extend at least 100 feet beyond the limits of mining
disturbances as determined by the regulatory authority to be representative of
the premining configuration of the land. Slope measurements shall take into
account natural variations in slope so as to provide accurate representation of
the range of natural slopes and shall reflect geomorphic differences of the
area to be disturbed. Slope measurements may be made from topographic maps
showing contour lines, having sufficient detail and accuracy consistent with
the submitted mining and reclamation plan.
(2) After the disturbed area has been graded,
the final graded slopes shall be measured at the beginning and end of lines
established on the prevailing slope at locations representative of premining
slope conditions and approved by the regulatory authority. These measurements
must not be made so as to allow unacceptably steep slopes to be constructed.
B. Final graded slopes.
(1) The final graded slopes shall not exceed
either the approximate premining slopes as determined according to Paragraph
(a)(1) [now Paragraph 1 of Subsection A of 19.8.36.25 NMAC] and approved by the
regulatory authority or any lesser slope specified by the regulatory authority
based on consideration of soil, climate or other characteristics of the
surrounding area. Postmining final graded slopes need not be uniform. The
requirements of this paragraph may be modified by the regulatory authority
where the mining is reaffecting previously mined lands that have not been
restored to the standards of this section and sufficient spoil is not available
to return to the slope determined according to Paragraph (a)(1) [now Paragraph
1 of Subsection A of 19.8.36.25 NMAC]. Where such modifications are approved,
the permittee shall, as a minimum, be required to:
(a) retain all overburden and spoil on the
solid portion of existing or new benches; and
(b) backfill and grade to the most moderate
slope possible to eliminate the highwall which does not exceed the angle of
repose or such lesser slopes as is necessary to assure stability.
(2) On approval by the regulatory authority
and in order to conserve soil moisture, ensure stability, and control erosion
on final graded slopes, cut-and-fill terraces may be allowed if the terraces
are compatible with the postmining land use approved under Section 715.13, and
are appropriate substitutes for construction of lower grades on the reclaimed
lands. The terraces shall meet the following requirements:
(a) The width of the individual terrace bench
shall not exceed 20 feet unless specifically approved by the regulatory
authority as necessary for stability, erosion control or roads included in the
approved postmining land use plan.
(b) The vertical distance between terraces
shall be as specified by regulatory authority to prevent excessive erosion and
to provide long-term stability.
(c) The slope of the terrace outslope shall
not exceed 1v:2h (50 percent). Outslopes which exceed 1v:2h (50 percent) may be
approved if they have a minimum static safety factor of more than 1.5 and
provide adequate control over erosion and closely resemble the surface
configuration of the land prior to mining. In no case may highwalls be left as
part of terraces.
(d) Culverts and underground rock drains
shall be used on the terrace only when approved by the regulatory authority.
(3) All operations on steep slopes of 20
degrees or more or on such lesser slopes as the regulatory authority defines as
a steep slope shall meet the provisions of Section 716.2 of this Chapter.
C. Mountaintop removal. The requirements of this paragraph
and of Section 716.3 shall apply to surface mining operations which remove
entire coal seams in the upper part of a mountain, ridge, or hill by removing
all of the overburden, and where the requirements for achieving the approximate
original contour of this section cannot be met. Final graded top plateau slopes
on the mined area shall be less than 1v:5h so as to create a level plateau or
gently rolling configuration and the outslopes of the plateau shall not exceed
1v:2h, except where engineering data substantiates and the regulatory authority
finds that a minimum static safety factor of 1.5 (or higher factors specified
by the regulatory authority) will be attained. Although the area need not be
restored to approximate original contour, all highwalls, spoil piles and
depressions except as provided in Paragraphs (d) and (e) [now Subsections D and
E of 19.8.36.25 NMAC] of this section shall be eliminated. All mountaintop
removal operations shall in addition meet the provisions of Section 716.3 of
this Chapter.
D. Small depressions. The requirement of this section to
achieve approximate original contour does not prohibit construction of small
depressions if they are approved by the regulatory authority to minimize
erosion, conserve soil moisture or promote revegetation. These depressions
shall be compatible with the approved postmining land use and shall not be
inappropriate substitutes for construction of lower grade on the reclaimed
lands. Depressions approved under this section shall have a holding capacity of
less than one cubic yard of water or, if it is necessary that they be larger,
shall not restrict normal access throughout the area or constitute a hazard.
Large, permanent impoundments shall be governed by Paragraph (e) [now
Subsection E of 19.8.36.25 NMAC] of this Section and by Section 715.17.
E. Permanent impoundments. Permanent impoundments may be
retained in mined and reclaimed areas provided all highwalls are eliminated by
grading to appropriate contour and the provisions for postmining land use
(Section 715.13) and protection of the hydrologic balance (Section 715.17) are
met. No impoundments shall be constructed on top of areas in which excess
materials are deposited pursuant to Section 715.15 of this part. Impoundments
shall not be used to meet the requirements of Paragraph (j) [now Subsection J
of 19.8.36.25 NMAC] of this Section.
F. Definition of thin and thick restored overburden. The
thin overburden provisions of Paragraph (g) [now Subsection G of 19.8.36.25
NMAC] of this section may apply only where the final thickness is less than 0.8
of the initial thickness. The thick overburden provisions of Paragraph (h) [now
Subsection H of 19.8.36.25 NMAC] of this section may apply only where the final
thickness is greater than 1.2 of the initial thickness. Initial thickness is
the sum of the overburden thickness and coal thickness. Final thickness is the
product of the overburden thickness times the bulking factor to be determined
for each mine area. The provisions of Paragraph (g) and (h) [now Subsection G
and H of 19.8.36.25 NMAC] apply only when operations cannot be carried out to
comply with the requirements of Paragraph (a) [now Subsection A of 19.8.36.25
NMAC] of this section to achieve the approximate original contour.
G. Thin overburden. In surface coal mining operations
carried out continuously in the same limited pit area for more than one year
from the day coal-removal operations begin and where the volume of all
available spoil and suitable waste materials is demonstrated to be insufficient
to achieve approximate original contour, surface coal mining operations shall
be conducted to meet, at a minimum, the following standards:
(1) Transport, backfill and grade, using all
available spoil and suitable waste materials from the entire mine area, to
attain the lowest practicable stable grade, which may not exceed the angle of
repose, and to provide adequate drainage and long-term stability of the
regraded areas.
(2) Eliminate highwalls by grading or
backfilling to stable slopes not exceeding lv:2h (50 percent), or such lesser
slopes as the regulatory authority may specify to reduce erosion, maintain the
hydrologic balance, or allow the approved postmining land use.
(3) Transport, backfill, grade and revegetate
to achieve an ecologically sound land use compatible with the prevailing land
use in unmined areas surrounding the permit area.
(4) Transport, backfill, and grade to ensure
the impoundments are constructed only where it has been demonstrated to the
regulatory authority's satisfaction that all requirements of Section 715.17
have been met and that the impoundments have been approved by the regulatory
authority as meeting the requirements of this Part and all other applicable
federal and state regulations.
H. Thick overburden. In surface coal mining operations where
the volume of spoil is demonstrated to be more than sufficient to achieve the
approximate original contour surface coal mining operations shall be conducted
to meet at a minimum the following standards:
(1) Transport, backfill and grade all spoil
and wastes not required to achieve approximate original contour in the surface
mining area to the lowest practicable grade.
(2) Deposit, backfill and grade excess spoil
and wastes only within the permit area and dispose of such materials in
conformance with this part.
(3) Transport, backfill and grade excess spoil
and wastes to maintain the hydrologic balance in accordance with this part and
to provide long-term stability.
(4) Transport, backfill, grade and revegetate
wastes and excess spoil to achieve an ecologically sound land use compatible
with the prevailing land uses in unmined areas surrounding the permit area.
(5) Eliminate all highwalls and depressions
except as stated in Paragraph (e) [now Subsection E of 19.8.36.25 NMAC] of this
Section by backfilling with spoil and suitable waste materials.
I. Regrading or stabilizing rills and gullies. When rills
or gullies deeper than nine inches form in areas that have been regraded and
the topsoil replaced but vegetation has not yet been established the permittee
shall fill, grade, or otherwise stabilize the rills and gullies and reseed or
replant the areas according to Section 715.20. The regulatory authority shall
specify that rills or gullies of lesser size be stabilized if the rills or
gullies will be disruptive to the approved postmining land use or may result in
additional erosion and sedimentation.
J. Covering coal and acid-forming, toxic-forming,
combustible and other waste materials; stabilizing backfilled materials; and
using waste material for fill.
(1) Cover all exposed coal seams remaining
after mining and any acid-forming, toxic-forming, combustible materials, or any
other waste materials identified by the regulatory authority that are exposed,
used or produced during mining shall be covered with a minimum of four feet of
nontoxic and noncombustible material; or, if necessary, treated to neutralize
toxicity in order to prevent water pollution and sustained combustion, and to
minimize adverse effects on plant growth and land uses. Where necessary to
protect against upward migration of salts, exposure by erosion, to provide an
adequate depth for plant growth or to otherwise meet local conditions, the
regulatory authority shall specify thicker amounts of cover using nontoxic
material. 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 or otherwise violate the provisions of Section 715.17 of this Part.
(2) Stabilization. Backfilled materials shall
be selectively placed and compacted wherever necessary to prevent leaching of
toxic-forming materials into surface or subsurface waters in accordance with
Section 715.17 and wherever necessary to ensure the stability of the backfilled
materials. The method of compacting material and the design specifications
shall be approved by the regulatory authority before the toxic materials are
covered.
(3) Use of waste materials as fill. Before
waste materials from a coal preparation or conversion facility or from other
activities conducted outside the permit area such as municipal wastes are used
for fill material, it must be demonstrated to the regulatory authority by
hydrogeological means and chemical and physical analyses that use of these
materials will not adversely affect water quality, water flow and vegetation;
will not present hazards to public health and safety; and will not cause
instability in the backfilled area.
K. Grading along the contour. All final grading, preparation
of overburden before replacement of topsoil and placement of topsoil, in
accordance with Section 715.16 shall be done along the contour to minimize
subsequent erosion and instability. If such grading, preparation or placement
along the contour would be hazardous to equipment operators then grading,
preparation or placement in a direction other than generally parallel to the
contour may be used. In all cases, grading, preparation or placement shall be
conducted in a manner which minimizes erosion and provides a surface for
replacement of topsoil which will minimize slippage.
[Recompiled
6/4/02]
19.8.36.26 GENERAL PERFORMANCE STANDARDS: DISPOSAL OF SPOIL AND WASTE MATERIALS IN
AREAS OTHER THAN THE MINE WORKINGS OR EXCAVATIONS (715.15):
A. Disposal of spoil in other than valley or head-of-hollow
fills. Spoil not required to achieve the approximate original contour shall be
transported to and placed in a controlled (engineered) manner in disposal areas
other than the mine workings or excavations only if all the following
conditions, in addition to the other requirements of this part, are met:
(1) The disposal areas shall be within the
permit area, and they must be approved by the regulatory authority as suitable
for construction of fills in accordance with the requirements of this
paragraph.
(2) The disposal areas shall be located on
the most moderate sloping and naturally stable areas available as approved by
the regulatory authority. Where possible, fill materials suitable for disposal
shall be placed upon or above a natural terrace, bench or berm if such
placement provides additional stability and prevents mass movement.
(3) The fill shall be designed using
recognized professional standards, certified by a professional engineer,
registered in the state of New Mexico and approved by the regulatory authority.
(4) Where the slope in the disposal area
exceeds lv:2.8h (36 percent), or such lesser slope designated by the regulatory
authority based on local conditions, measures such as keyway cuts (excavations
to stable bedrock) or rock toe buttresses shall be constructed to stabilize the
fill.
(5) The
disposal area does not contain springs, natural water courses, or wet weather
seeps unless lateral drains are constructed from the wet areas to the underdrains
in such a manner that infiltration of the water into the spoil pile will be
prevented.
(6) All organic material shall be removed
from the disposal area and the topsoil must be removed and segregated pursuant
to Section 715.16 before the material is placed in the disposal area. However,
if approved by the regulatory authority, organic material may be used as mulch
or may be included in the topsoil.
(7) The spoil shall be transported and placed
in a controlled manner, concurrently compacted as necessary to ensure mass
stability and prevent mass movement, covered, and graded to allow surface and
subsurface drainage to be compatible with the natural surroundings, and to
ensure long-term stability. The final configuration of the fill must be
suitable for postmining land uses approved in accordance with Section 715.13.
Terraces shall not be constructed unless approved by the regulatory authority.
(8) If any portion of the fill interrupts,
obstructs or encroaches upon any natural drainage channel, the entire fill is classified
as a valley or head-or-hollow fill and must be designed and constructed in
accordance with the requirements of Paragraph (b) [now Subsection B of
19.8.36.26 NMAC] of this Section.
(9) The fill shall be inspected for stability
by a registered engineer or other qualified professional specialist during
critical construction periods to assure removal of all organic material and
topsoil, placement of under-drainage systems, and proper construction of
terraces according to the approved plan. The registered engineer or other
qualified professional specialist shall provide a certified report after each
inspection that the fill has been constructed as specified in the design
approved by the regulatory authority.
B. Disposal of spoil in valley or head-of-hollow fills.
Waste material must not be disposed of in valley or head-of-hollow fills. Spoil
to be disposed of in natural valleys must be placed in accordance with the
following requirements:
(1) The disposal areas shall be within the
permit area, and they must be approved by the regulatory authority as suitable
for construction of fills in accordance with the requirements of Paragraph (b)
[now Subsection B of 19.8.36.26 NMAC].
(2) The disposal site shall be near the ridge
top of a valley selected to increase the stability of the fill and to reduce
the drainage area above the fill. Where possible, spoil shall be placed above a
natural terrace, bench or berm, if such placement provides additional stability
and prevents mass movement.
(3) The fill shall be designed using
recognized professional standards, certified by a professional engineer
registered in the State of New Mexico and approved by the regulatory authority.
(4) All organic material shall be removed
from the disposal area and the topsoil must be removed and segregated pursuant
to Section 715.16 of this Part before the material is placed in the disposal
area. However, if approved by the regulatory authority, organic material may be
used as mulch or may be included in the topsoil.
(5) Where the slope in the disposal area
exceeds lv:2.8h (36 percent), or such lesser slope designated by the regulatory
authority based on local conditions, measures such as keyway cuts (excavations
to stable bedrock) or rock toe buttresses shall be constructed to stabilize the
fill.
(6) A system of underdrains constructed of
durable rock shall be installed along the natural drainage system, shall extend
from the toe to the head of the fill and contain lateral drains to each area of
potential drainage or seepage. In constructing the underdrains, no more than
ten percent of the rock may be less than 12 inches in size and no single rock
may be larger than 25 percent of the width of the drain. No rock shall be used
in underdrains if it tends to easily disintegrate and thereby clog the drain or
if it is acid-forming or toxic-forming. The minimum size of the main underdrain
shall be:
________________________________________________________________________________________
Total
amount of Predominant Minimum
size of
Fill
material type
of fill drain
in feet
Material
______________
Width Height
Less
than 1 million Sandstone-- 10 4
yd3.
Do---------- Shale--------- 16 8
More
than 1 million Sandstone------ 16 8
yd3.
Do---------- Shale--------- 16 8
(7) Spoil shall be transported and placed in
a controlled manner and concurrently compacted as specified by the regulatory
authority in lifts that are less than four feet thick in order to achieve the
densities designed to ensure mass stability, to prevent mass movement, to avoid
contamination of the rock underdrain and to prevent formation of voids. The
final configuration of the fill must be suitable for postmining land uses
approved in accordance with Section 715.13.
(8) Terraces shall be constructed to
stabilize the face of the fill. The outslope of each terrace shall not exceed
50 feet in length and the width of the terrace shall not be less than 20 feet.
(9) The tops of the fill and each terrace
shall be graded no steeper than 1v:20h (five percent) and shall be constructed
to drain surface water to the sides of the fill where stabilized surface
channels shall be established off the fill to carry drainage away from the
fill. Drainage shall not be directed over the outslope of the fill unless
approved by the regulatory authority.
(10) All surface drainage from the undisturbed
area above the fill shall be diverted away from the fill by approved structures
leading into water courses.
(11) The outslope of the fill shall not exceed
1v:2h (50 percent). The regulatory authority may require a flatter slope.
(12) The fill shall be inspected for stability
by a professional engineer registered in the State of New Mexico or other
qualified professional specialist during critical construction periods and at
least quarterly throughout construction to assure removal of all organic
material and topsoil, placement of underdrainage systems and proper
construction of terraces according to the approved plan. The registered
engineer or other qualified professional specialist shall provide a certified
report after each inspection that the fill has been constructed as specified in
the design approved by the regulatory authority.
[Recompiled
6/4/02]
19.8.36.27 GENERAL PERFORMANCE STANDARDS: TOPSOIL HANDLING (715.16): To prevent topsoil from being contaminated
by spoil or waste materials, the permittee shall remove the topsoil as a
separate operation from areas to be disturbed. Topsoil shall be immediately
redistributed according to the requirements of Paragraph (b) [now Subsection B
of 19.8.36.27 NMAC] of this section on areas graded to the approved postmining
configuration. The topsoil shall be segregated, stockpiled and protected from
wind and water erosion and from contaminants which lessen its capability to
support vegetation if sufficient graded areas are not immediately available for
redistribution.
A. Topsoil removal. All topsoil to be salvaged shall be
removed before any drilling for blasting, mining or other surface disturbance.
(1) All topsoil shall be removed unless use
of alternative materials is approved by the regulatory authority in accordance
with Subparagraph (4) [now Paragraph 4 of Subsection A of 19.8.36.27 NMAC].
Where the removal of topsoil results in erosion that may cause air or water
pollution, the regulatory authority shall limit the size of the area from which
topsoil may be removed at any one time and specify methods of treatment to
control erosion of exposed overburden.
(2) All of the A horizon of the topsoil as
identified by soil surveys shall be removed according to Paragraph (a) [now
Subsection A of 19.8.36.27 NMAC] and then replaced on disturbed areas as the
surface soil layers. Where the A horizon is less than six inches, a six-inch
layer that includes the A horizon and the unconsolidated material immediately
below the A horizon (or all unconsolidated material if the total available is
less than six inches) shall be removed and the mixture segregated and replaced
as the surface soil layer.
(3) Where necessary to obtain soil
productivity consistent with postmining land use, the regulatory authority may
require that the B horizon or portions of the C horizon or other underlying
layers demonstrated to have comparable quality for root development be
segregated and replaced as subsoil.
(4) Slected overburden materials may be used
instead of, or as a supplement to, topsoil where the resulting soil medium is
equal to or more suitable for vegetation, and if all the following requirements
are met:
(a) The permittee demonstrates that the
selected overburden materials or an overburden-topsoil mixture is more suitable
for restoring land capability and productivity by the results of chemical and
physical analyses. These analyses shall include determinations of pH, percent
organic material, nitrogen, phosphorus, potassium, texture class and
water-holding capacity, and such other analyses as required by the regulatory
authority. The regulatory authority also may require that results of field-site
trials or greenhouse tests be used to demonstrate the feasibility of using such
overburden materials.
(b) The chemical and physical analyses and
the results of field-site trails and greenhouse tests are accompanied by a
certification from a qualified soil scientist or agronomist.
(c) The alternative material is removed, segregated
and replaced in conformance with this Section.
B. Topsoil Redistribution.
(1) Regraded land shall be scarified or
otherwise treated to eliminate slippage surfaces and to promote root
penetration.
(2) Topsoil shall be redistributed in a manner that:
(a) achieves an approximate uniform thickness
consistent with the postmining land uses;
(b) prevents excess compaction of the spoil
and topsoil; and
(c) protects the topsoil from wind and water
erosion before it is seeded and planted.
C. Topsoil storage. If the permit allows storage of topsoil,
the stockpiled topsoil shall be placed on a stable area within the permit area
where it will not be disturbed or be exposed to excessive water, wind erosion
or contaminants which lessen its capability to support vegetation before it can
be redistributed on terrain graded to final contour. Stockpiles shall be selectively
placed and protected from wind and water erosion, unnecessary compaction, and
contamination by undesirable materials either by a vegetative cover as defined
in Section 715.20(g) or by other methods demonstrated to provide equal
protection such as snow fences, chemical binders and mulching. Unless approved
by the regulatory authority, stockpiled topsoil shall not be moved until
required for redistribution on a disturbed area.
D. Nutrients and soil amendments. Nutrients and soil
amendments in the amounts and analyses as determined by soil tests shall be
applied to the surface soil layer so that it will support the postmining
requirements of Section 715.13 and the revegetation requirements of Section
715.20.
[Recompiled
6/4/02]
19.8.36.28 GENERAL PERFORMANCE STANDARDS: PROTECTION OF THE HYDROLOGIC SYSTEM
(715.17): The permittee shall plan and conduct coal
mining and reclamation operations to minimize disturbance to the prevailing
hydrologic balance in order to prevent long-term adverse changes in the hydrologic
balance that could result from surface coal mining and reclamation operations,
both on-and off-site. Changes in water quality and quantity, in the depth to
groundwater, and in the location of surface water drainage channels shall be
minimized such that the postmining land use of the disturbed land is not
adversely affected and applicable federal and state statutes and regulations
are not violated. The permittee shall conduct operations so as to minimize
water pollution and shall, where necessary, use treatment methods to control
water pollution. The permittee shall emphasize surface coal mining and
reclamation practices that will prevent or minimize water pollution and changes
in flows in preference to the use of water treatment facilities. Practices to
control and minimize pollution include, but are not limited to, stabilizing
disturbed areas through grading, diverting runoff, achieving quick growing
stands of temporary vegetation, lining drainage channels with rock or
vegetation, mulching, sealing acid-forming and toxic-forming materials, and
selectively placing waste materials in backfill areas. If pollution can be
controlled only by treatment, the permittee shall operate and maintain the
necessary water-treatment facilities for as long as treatment is required.
[Recompiled
6/4/02]
19.8.36.29 GENERAL PERFORMANCE STANDARDS: WATER QUALITY STANDARDS AND EFFLUENT
LIMITATIONS (715.17)(a): 1The
standards in this section will be enjoined to the extent that they supersede,
amend, repeal or modify the provisions of the Federal Water Pollution Control
Act and its regulations.
A. All surface drainage from the disturbed area, including
disturbed areas that have been graded, seeded, or planted, shall be passed
through a sedimentation pond or a series of sedimentation ponds before leaving
the permit area. Sedimentation ponds shall be retained until drainage from the
disturbed area has met the water quality requirements of this section and the
revegetation requirements of Section 715.20 have been met. The regulatory
authority may grant exemptions from this requirement only when the disturbed
drainage area within the total disturbed area is small and if the permittee
shows that sedimentation ponds are not necessary to meet the effluent
limitations of this paragraph and to maintain water quality in downstream
receiving waters. For purpose of this section only, disturbed area shall not
include those areas in which only diversion ditches, sedimentation ponds, or
roads are installed in accordance with this section and the upstream area is
not otherwise disturbed by the permittee. Sedimentation ponds required by this
paragraph shall be constructed in accordance with Paragraph (e) [now Subsection
E of 19.8.36.29 NMAC] of this section in appropriate locations prior to any mining
in the affected drainage area in order to control sedimentation or otherwise
treat water in accordance with this paragraph. Discharges from areas disturbed
by surface coal mining and reclamation operations must meet all applicable
Federal and State laws and regulations and, at a minimum, the following
numerical effluent limitations:
EFFLUENT LIMITATIONS IN
MILLIGRAMS PER LITER
mg/1, Except For pH
__________________________________________________________________________________________
Average
of
Daily
values
Effluent Maximum for
30
Characteristics allowable1 consecutive
discharge
days1
__________________________________________________________________________________________
Iron,
total---------------- 7.0 3.5
Manganese,
total----- 4.0 2.0
Total
suspended solids 70.0 35.0
pH2 Within
the-------------------------------------------------
range
6.0 to 9.0.
1Based on representative
sampling.
2 Where the applications of
neutralization and sedimentation treatment technology results in inability to
comply with the manganese limitations set forth, the regulatory authority may
allow the pH level in the discharge to exceed to a small extent the upper limit
of 9.0 in order that the manganese limitations will be achieved.
_________________________________________________________________________________________
(1) Any overflow or other discharge of
surface water from the disturbed area within the permit area demonstrated by
the permittee to result from a precipitation event larger than a ten-year
24-hour frequency event will not be subject to the effluent limitations of
Paragraph (a) [now Subsection A of 19.8.36.29 NMAC].
(2) The permittee shall install, operate, and
maintain adequate facilities to treat any water discharged from the disturbed
area that violates applicable federal or state laws or regulations or the
limitations of Paragraph (a) [now Subsection A of 19.8.36.29 NMAC]. If the pH
of waters to be discharged from the disturbed area is normally less than 6.0,
an automatic lime feeder or other neutralization process approved by the
regulatory authority shall be installed, operated and maintained. If the
regulatory authority finds (1) that small and infrequent treatment requirements
to meet applicable standards do not necessitate use of an automatic
neutralization process, and (2) that the mine normally produces less than 500
tons of coal per day, then the regulatory authority may approve the use of a
manual system if the permittee ensures consistent and timely treatment.
B. Surface-water monitoring.
(1) The permittee shall submit for approval
by the regulatory authority a surface-water monitoring program which meets the
following requirements:
(a) Provides adequate monitoring of all
discharge from the disturbed area.
(b) Provides adequate data to describe the
likely daily and seasonal variation in discharges from the disturbed area in
terms of water flow, pH, total iron, total manganese and total suspended solids
and, if requested by the regulatory authority, any other parameter
characteristic of the discharge.
(c) Provides monitoring at appropriate
frequencies to measure normal and abnormal variations in concentrations.
(d) Provides an analytical quality control
system including standard methods of analysis such as those specified in 40 CFR
136.
(e) Provides a regular report of all
measurements to the regulatory authority within 60 days of sample collection
unless violations of permit conditions occur in which case the regulatory
authority shall be notified immediately after receipt of analytical results by
the permittee. If the discharge is subject to regulation by a federal or state
permit issued in compliance with the Federal Water Pollution Control Act
Amendment of 1972 (33 U.S.C. ' 1251-1-378), a copy of the completed reporting
form supplied to meet the permit requirements may be submitted to the
regulatory authority to satisfy the reporting requirements if the data meet the
sampling frequency and other requirements of this paragraph.
(2) After disturbed areas have been regraded
and stabilized in accordance with this Part, the permittee shall monitor
surface water flow and quality. Data from this monitoring shall be used to
demonstrate that the quality and quantity of runoff without treatment will be
consistent with the requirement of this section to minimize disturbance to the
prevailing hydrologic balance and with the requirements of this part to attain
the approved postmining land use. These data shall provide a basis for approval
by the regulatory authority for removal of water quality or flow control
systems and for determining when the requirements of this Section are met. The
regulatory authority shall determine the nature of data, frequency of
collection and reporting requirements.
(3) Equipment, structures and other measures
necessary to accurately measure and sample the quality and quantity of surface
water discharges from the distrubed area of the permit area shall be properly
installed, maintained and operated and shall be removed when no longer
required.
C. Diversion and conveyance of overland flow away from
disturbed areas. In order to minimize
erosion and to prevent or remove water from contacting toxic-producing
deposits, overland flow from undisturbed areas may, if required or approved by
the regulatory authority, be diverted away from disturbed areas by means of
temporary or permanent diversion structures. The following requirements shall
be met:
(1) Temporary diversion structures shall be
constructed to safely pass the peak runoff from a precipitation event with a
one year recurrence interval, or a larger event as specified by the regulatory
authority. The design criteria must assure adequate protection of the
environment and public during the existence of the temporary diversion
structure.
(2) Permanent diversion structures are those
remaining after mining and reclamation and approved for retention by the
regulatory authority and other appropriate state and federal agencies. To
protect fills and property and to avoid danger to public health and safety, permanent
diversion structures shall be constructed to safely pass the peak runoff from a
precipitation event with a 100-year recurrence interval, or a larger event as
specified by the regulatory authority. Permanent diversion structures shall be
constructed with gently sloping banks that are stabilized by vegetation.
Asphalt, concrete or other similar linings shall not be used unless
specifically required to prevent seepage or to provide stability and are
approved by the regulatory authority.
(3) Diversions
shall be designed, constructed and maintained in a manner to prevent additional
contributions of suspended solids to streamflow or to runoff outside the permit
area to the extent possible, using the best technology currently available. In
no event shall such contributions be in excess of requirements set by
applicable state or federal law. Appropriate sediment control measures for
these diversions shall include, but not be limited to, maintenances of
appropriate gradients, channel lining, revegetation, roughness structures and
detention basins.
D. Stream channel diversions.
(1) Flow from perennial and intermittent
streams within the permit area may be diverted only when the diversions are
approved by the regulatory authority and they are in compliance with local,
state, and federal statutes and regulations. When streamflow is allowed to be
diverted, the new stream channel shall be designed and constructed to meet the
following requirements:
(a) The
average stream gradient shall be maintained and the channel designed,
constructed, and maintained to remain stable and to prevent additional
contributions of suspended solids to streamflow, or to runoff outside the
permit area to the extent possible, using the best technology currently
available. In no event shall such contributions be in excess of requirements
set by applicable state or federal law. Erosion control structures such as
channel lining structures, retention basins and artificial channel roughness
structures shall be used only when approved by regulatory agency for temporary
diversions where necessary or for permanent diversions where they are stable
and will require only infrequent maintenance.
(b)
Channel, bank and flood-plain configurations shall be adequate to safely
pass the peak runoff of a precipitation event with a ten-year recurrence
interval for temporary diversions and a 100-year recurrence interval for
permanent diversions, or larger events as specified by the regulatory
authority.
(c) Fish and wildlife habitat and water and
vegetation of significant value for wildlife shall be protected in consultation
with appropriate state and federal fish and wildlife management agencies.
(2) All temporary diversion structures shall
be removed and the affected land regraded and revegetated consistent with the
requirements of Section 715.14 and Section 715.20. At the time such diversions
are removed, the permittee shall ensure that downstream water treatment
facilities previously protected by the diversion are modified or removed to
prevent overtopping or failure of the facilities.
(3) Buffer zone. No land within 100 feet of
an intermittent or perennial stream shall be disturbed by surface coal mining
and reclamation operations unless the regulatory authority specifically
authorizes surface coal mining and reclamation operations through such a
stream. The area not to be disturbed shall be designated a buffer zone and
marked as specified in Section 715.12.
E. 2 Sediment control measures. Appropriate
sediment control measures shall be designed, constructed, and maintained to
prevent additional contributions of sediment to streamflow or to runoff outside
the permit area to the extent possible, using the best technology currently
available. 2The standards in
Section 715.17(e) will be preliminarily enjoined.
(1) Sediment control measures include practices
carried out within and adjacent to the disturbed area. The scale of downstream
practices shall reflect the degree to which successful techniques are applied
at the sources of the sediment. Sediment control measures consist of the
utilization of proper mining, reclamation methods, and sediment control
practices (singly or in combination) including but not limited to:
(a) Disturbing the smallest practicable area
at any one time during the mining operation through progressive backfilling,
grading and timely revegetation.
(b) Consistent with the requirements of
Section 715.14 and Section 715.15 shaping the backfill material to promote a
reduction of the rate and volume of runoff.
(c)
Retention of sediment within the pit and disturbed area.
(d) Diversion of overland and channelized
flow from undisturbed areas around or in protected crossings through the
disturbed area.
(e) Utilization of straw dikes, riprap, check dams, mulches,
vegetative sediment filters, dugout ponds and other measures that reduce
overland flow velocity, reduce runoff volume or entrap sediment.
(f)
Sedimentation ponds.
(2) Sedimentation ponds, may be used
individually or in series, should be located as near as possible to the
disturbed area and where possible out of major stream courses, and shall
(either individually or in series) meet the following criteria:
(a) Sedimentation ponds must provide 24-hour
theoretical detention time for the inflow or runoff entering the ponds from a
ten-year, 24-hour precipitation event. Runoff diverted, in accordance with
Paragraphs (c) and (d) [now Subsections C and D of 19.8.36.29 NMAC] of this
Section, away from the disturbed drainage areas need not be considered in
sedimentation pond design. In determining the runoff volume the characteristics
of the mine site, reclamation procedures and on-site sediment control practices
shall be considered.
(b) Upon approval of the regulatory authority
theoretical detention time may be reduced to not less than ten hours, as demonstrated
by the permittee, equal to the improvement in sedimentation removal efficiency
as a result of pond design including but not limited to pond configuration,
inflow-outflow facilities and their relative location, baffles to decrease
inflow velocity and short circuiting, a surface area sufficient to achieve the
sediment trap efficiency necessary to meet effluent limitations (Sec. 715.17
(a)) and sediment control measures provided in Section 715.17 (e)(1).
(c) The regulatory authority may approve a
detention time less than the time required by Paragraph (e)(2) (i) or (ii) [now
Subparagraphs a and b of Paragraph 2 of Subsection E of 19.8.36.29 NMAC] of
this section, when the permittee has demonstrated that the size distribution or
the specific gravity of the suspended matter or the utilization of chemical
treatment or flocculation are such that the effluent limitations can be met.
The detention time shall be stipulated.
(3) An additional sediment storage volume
must be provided equal to 0.2 acre-feet for each acre of disturbed area within
the upstream drainage area. Upon approval of the regulatory authority, the
sediment storage volume may be reduced in an amount, as demonstrated by the
permittee, equal to the sediment removed by other appropriate sediment control
measures such as those identified in Paragraph (e)(1) [now Paragraph 1 of
Subsection E of 19.8.36.29 NMAC] of this section, or by lesser sediment yields
as evidenced by empirical data for runoff characteristics.
(4) Ponds may be of the permanent pool or
self-dewatering type. Dewatering-type ponds shall use siphon or other
dewatering methods approved by the regulatory authority to prevent discharges
of pollutants within the design flow.
(5) Spillway systems shall be properly
located to maximize the distances from the point of inflow into the pond to
maximize detention times. Spillway systems shall be provided to safely
discharge the peak runoff from a precipitation event with a 25-year recurrence
interval, or larger event as specified by the regulatory authority.
(6) Sediment shall be removed from
sedimentation ponds so as to assure maximum sediment removal efficiency and attainment
and maintenance of effluent limitations. Sediment removal shall be done in a
manner that minimizes adverse effects on surface waters due to its chemical and
physical characteristics, on infiltration, on vegetation, and on surface and
groundwater quality. Sediment that has been removed from sedimentation ponds
and that meets the requirements for topsoil may be redistributed over graded
areas in accordance with Section 715.16.
(7) If a sedimentation pond has an embankment
that is more than 20 feet in height, as measured from the downstream toe of the
embankment to the top of the embankment, or has a storage volume of 20
acre-feet or more, the following additional requirements shall be met:
(a) An
appropriate combination of principal and emergency spillways shall be provided
to safely discharge the runoff resulting from a 100-year six-hour precipitation
event, or larger event as specified by the regulatory authority.
(b)
Ponds shall be designed and constructed with an acceptable static safety
factor of at least 1.5 of maximum design flood elevation of the pool to ensure
embankment slope stability.
(c) The minimum top width of the embankment
shall not be less than the quotient of H+35/5 where H is the height of the
embankment as measured from the downstream toe to the top of the embankment.
(d) Ponds shall have appropriate barriers to
control seepage along conduits that extend through the embankment.
(8) All ponds shall be designed and inspected
under the supervision of, and certified after construction by a professional
engineer registered in the state of New Mexico.
(9) All
ponds, including those not meeting the size or other criteria of 'Section
77.216(a) of this title, shall be examined for structural weakness, erosion, and
other hazardous conditions in accordance with the inspection requirements contained
in' Section 77.216-3 of this title.
(10) All ponds shall be removed and the
affected land regraded and revegetated consistent with the requirements of
Section 715.14 and Section 715.20, unless the regulatory authority approves
retention of the ponds pursuant to Paragraph (k) [now Subsection K of
19.8.36.29 NMAC] of this Section.
F. Discharge structures. Discharges from sedimentation
ponds and diversions shall be controlled, where necessary, using energy
dissipators, surge ponds and other devices to reduce erosion and prevent
deepening or enlargement of stream channels and to minimize disturbances to the
hydrologic balance.
G. Acid and toxic materials. Drainage from acid-forming and
toxic-forming mine waste materials and soils into ground and surface water
shall be avoided by:
(1) Identifying, burying and treating where
necessary, spoil or other materials that, in the judgment of the regulatory
authority, will be toxic to vegetation or that will adversely affect water
quality if not treated or buried. Such material shall be disposed of in
accordance with the provision of Section 715.14(j).
(2) Preventing or removing water from contact
with toxic-producing deposits.
(3) Burying or
otherwise treating all toxic or harmful materials within 30 days, if such
materials are subject to wind and water erosion, or within a lesser period designated
by the regulatory authority. If storage of such materials is approved, the
materials shall be placed on impermeable material and protected from erosion
and contact with surface water. Coal waste ponds and other coal waste materials
shall be maintained according to Section 715.17(g) (4), and Section 715.18
shall apply.
(4) Burying
or otherwise treating waste materials from coal preparation plants no later
than 90 days after the cessation of the filling of the disposal area. Burial or
treatment shall be in accordance with Section 715.14(j).
(5) Casing, sealing
or otherwise managing boreholes, shafts, wells and auger holes or other more or
less horizontal holes to prevent pollution of surface or groundwater and to
prevent mixing of groundwaters of significantly different quality. All boreholes
that are within the permit area but are outside the surface coal mining area or
which extend beneath the coal to be mined and into water bearing strata shall
be plugged permanently in a manner approved by the regulatory authority, unless
the boreholes have been approved for use in monitoring.
(6) Taking such other actions as required by
the regulatory authority.
H. Groundwater.
(1) Recharge capacity of reclaimed lands. The
disturbed area shall be reclaimed to restore approximate premining recharge
capacity through restoration of the capability of the reclaimed areas as a
whole to transmit water to the groundwater system. The recharge capacity should
be restored to support the approved postmining land use and to minimize
disturbances to the prevailing hydrologic balance at the mined area and in
associated offsite areas. The permittee shall be responsible for monitoring
according to Paragraph (h) (3) [now Paragraph 3 of Subsection H of 19.8.36.29
NMAC] of this section to ensure operations conform to this requirement.
(2) Groundwater systems. Backfilled materials
shall be placed to minimize adverse effects on groundwater flow and quality, to
minimize offsite effects, and to support the approved postmining land use. The
permittee shall be responsible for performing monitoring according to Paragraph
(h)(3) [now Paragraph 3 of Subsection H of 19.8.36.29 NMAC] of this section to
ensure operations conform to this requirement.
(3) Monitoring.
Groundwater levels, infiltration rates, subsurface flow and storage
characteristics, and the quality of groundwater shall be monitored in a manner approved
by the regulatory authority to determine the effects of surface coal mining and
reclamation operations on the recharge capacity of reclaimed lands and on the
quantity and quality of water in groundwater systems at the mine area and in
associated off-site areas. When operations are conducted in such a manner that
may affect the groundwater system, groundwater levels and groundwater quality
shall be periodically monitored using wells that can adequately reflect changes
in groundwater quantity and quality resulting from such operations. Sufficient
water wells must be used by the permittee. The regulatory authority may require
drilling and development of additional wells if needed to adequately monitor
the groundwater system. As specified and approved by the regulatory authority,
additional hydrologic tests, such as infiltration tests and aquifer tests, must
be undertaken by the permittee to demonstrate compliance with Subparagraphs (1)
and (2) [now Paragraphs 1 and 2 of Subsection H of 19.8.36.29 NMAC] of this
paragraph.
I. Water rights and replacement. The permittee shall
replace the water supply of an owner of interest in real property who obtains
all or part of his supply of water for domestic, agricultural, industrial or
other legitimate use from an underground or surface source where such supply
has been affected by contamination, diminution or interruption proximately
resulting from surface coal mine operation by the permittee.
J. Alluvial valley floors west of the 100th meridian west
longitude.
(1) Surface coal mining operations conducted
in or adjacent to alluvial valley floors shall be planned and conducted so as
to preserve the essential hydrologic functions of these alluvial valley floors
throughout the mining and reclamation process. These functions shall be
preserved by maintaining or reestablishing those hydrologic and biologic
characteristics of the alluvial valley floor that are necessary to support the
functions. The permittee shall provide information to the regulatory authority
as required in Paragraph (j)(3) [now Paragraph 3 of Subsection J of 19.8.36.29
NMAC] of this section to allow identification of essential hydrologic functions
and demonstrate that the functions will be preserved. The characteristics of an
alluvial valley floor to be considered include, but are not limited to:
(a)
The longitudinal profile (gradient), cross-sectional shape and other
channel characteristics of streams that have formed within the alluvial valley
floor and that provide for maintenance of the prevailing conditions of surface flow;
(b) Aquifers (including capillary zones and
perched water zones) and confining beds within the mined area which provide for
storage, transmission and regulation of natural groundwater and surface water
that supply the alluvial valley floors;
(c) Quantity and quality of surface and
groundwater that supply alluvial valley floors;
(d) Depth to and seasonal fluctuations of
groundwater beneath alluvial valley floors;
(e) Configuration and stability of the land
surface in the flood plain and adjacent low terraces in alluvial valley floors
as they allow or facilitate irrigation with flood waters or subirrigation and
maintain erosional equilibrium; and
(f) Moisture-holding capacity of soils (or
plant growth medium) within the alluvial valley floors, and physical and
chemical characteristics of the subsoil which provide for sustained vegetation growth
or cover through dry months.
(2) Surface coal mining operations located
west of the 100th meridian west longitude shall not interrupt, discontinue or
preclude farming on alluvial valley floors and shall not materially damage the
quantity or quality of surface or groundwater that supplies these valley floors
unless the premining land use has been undeveloped rangeland which is not
significant to farming on the alluvial valley floors or unless the area of
affected alluvial valley floor is small and provides negligible support for the
production from one or more farms. This Subparagraph (2) [now Paragraph 2 of
Subsection J of 19.8.36.29 NMAC] does not apply to those surface coal mining
operations that:
(a)
Were in production in the year preceding August 3, 1977, were located in
or adjacent to an alluvial valley floor, and produced coal in commercial
quantities during the year preceding August 3, 1977; or
(b) Had specific permit approval by the state
regulatory authority before August 3, 1977, to conduct surface coal mining
operations for an area within an alluvial valley floor.
(3)
(a) Before surface mining and reclamation
operations authorized under Paragraph (j)(2) [now Paragraph 2 of Subsection J
of 19.8.36.29 NMAC] of this section may be issued a new, revised or amended
permit, the permittee shall submit, for regulatory authority approval, detailed
surveys and baseline data to establish standards against which the requirements
of Paragraph (j)(1) [now Paragraph 1 of Subsection J of 19.8.36.29 NMAC] of
this section may be measured and from which the degree of material damage to
the quantity and quality of surface and groundwater that supply the alluvial
valley floors may be assessed. The surveys and data shall include--
(i) A map, at a scale
determined by the regulatory authority, showing the location and configuration of
the alluvial valley floor;
(ii) Baseline data covering a
full water year for each of the hydrologic functions identified in Paragraph
(j)(1) [now Paragraph 1 of Subsection J of 19.8.36.29 NMAC] of this section;
(iii) Plans showing how the
operation will avoid, during mining and reclamation, interruption,
discontinuance or preclusion of farming on the alluvial valley floors and will
not materially damage the quantity or quality of water in surface and
groundwater systems that supply such valley floors;
(iv) Historic land use data
for the proposed permit area and for farms to be affected; and
(v)
Such other data as the regulatory authority may require.
(b) Surface mining operations which qualify
for the exceptions in Paragraph (j)(2) [now Paragraph 2 of Subsection J of
19.8.36.29 NMAC] of this section are not required to submit the plans
prescribed in (i)(C) [now Sub-subparagraph (iii) of Subparagraph a of Paragraph
3 of Subsection J of 19.8.36.29 NMAC] of this subparagraph.
(4) The holder of a federal coal lease or the
fee holder of any coal deposit located within or adjacent to an alluvial valley
floor west of the 100th meridian west from which coal was not produced in
commercial quantities between August 3, 1976, and August 3, 1977, and for which
no specific permit by the appropriate state or federal regulatory authority to
conduct surface coal mining operations in the alluvial valley floors has been
obtained, may be entitled to an exchange of the federal coal lease for a lease
of other federal coal deposits under section 510(b)(5) of the Act or to the
conveyance by the secretary of fee title to other available federal coal
deposits in exchange for the fee title to such deposits under Section 206 of
the Federal Land Policy and Management Act of 1976 (90 Stat. 2743), if the secretary
determines that substantial financial and legal commitments were made by the
operator prior to January 1, 1977, in
connection with surface coal mining operations on such lands.
(5) The secretary may, if he determines that
the person is qualified for an exchange of federal coal leases under the
provisions of section 510(b)(5) of the Act or a conveyance of other federal
coal deposits under section 206 of the Federal Land Policy and Management Act,
take appropriate steps to complete the exchange of lands. The secretary may
require the person to submit additional information and a formal application
for exchange.
K. Permanent impoundments. The permittee may construct, if
authorized by the regulatory agency pursuant to this paragraph and Section
715.13, permanent water impoundments on mining sites as a part of reclamation
activities only when they are adequately demonstrated to be in compliance with
Section 715.13 and Section 715.14 in addition to the following requirements:
(1) The size
of the impoundment is adequate for its intended purposes.
(2) The impoundment dam construction is
designed to achieve necessary stability with an adequate margin of safety
compatible with that of structures constructed under Pub. L. 83-566 (16
U.S.C.1006).
(3) The quality of the impounded water will
be suitable on a permanent basis for its intended use and discharges from the
impoundment will not degrade the quality of receiving waters below the water
quality standards established pursuant to applicable federal and state law.
(4) The level of water will be reasonably
stable.
(5) Final grading will comply with the
provisions of Section 715.14 and will provide adequate safety and access for
proposed water users.
(6) Water impoundments will not result in the
diminution of the quality or quantity of water used by adjacent or surrounding
landowners for agricultural, industrial, recreational or domestic uses.
L. Hydrologic impact of roads.
(1) General. Access and haul roads and
associated bridges, culverts, ditches and road rights-of-way shall be
constructed, maintained and reclaimed to prevent additional contributions of
suspended solids to streamflow, or to runoff outside the permit area to the
extent possible, using the best technology currently available. In no event
shall the contributions be in excess of requirements set by applicable state or
federal law. All access and haul roads shall be removed and the land affected
regraded and revegetated consistent with the requirements of Section 715.14 and
Section 715.20, unless retention of a road is approved as part of a postmining
land use under Section 715.13 as being necessary to support the postmining land
use or necessary to adequately control erosion and the necessary maintenance is
assured.
(2) Construction.
(a) All roads, insofar as possible, shall be
located on ridges or on the available flatter and more stable slopes to
minimize erosion. Stream fords are prohibited unless they are specifically
approved by the regulatory authority as temporary routes across dry streams
that will not adversely affect sedimentation and that will not be used for coal
haulage. Other stream crossing shall be made using bridges, culverts or other
structures designed and constructed to meet the requirements of this paragraph.
Roads shall not be located in active stream channels nor shall they be
constructed or maintained in a manner that increases erosion or causes
significant sedimentation or flooding. However, nothing in this paragraph will
be construed to prohibit relocation of stream channels in accordance with
Paragraph (d) [now Subsection D of 19.8.36.29 NMAC] of this section.
(b) In order to minimize erosion and
subsequent disturbances of the hydrologic balance, roads shall be constructed
in compliance with the following grade restrictions or other grades determined
by the regulatory authority to be necessary to control erosion.
(i) The overall sustained
grade shall not exceed 1v:10h (ten percent).
(ii) The maximum grade greater than ten percent shall not exceed
lv:6.5h (15 percent) for more than 300 feet.
(iii) There shall not be more
than 300 feet of grade exceeding ten percent within each 1,000 feet.
(c) All access and haul roads shall be
adequately drained using structures such as, but not limited to, ditches, water
barriers, cross drains, and ditch relief drains. For access and haul roads that
are to be maintained for more than one year, water-control structures shall be
designed with a discharge capacity capable of passing the peak runoff from a
ten-year, 24-hour precipitation event. Drainage pipes and culverts shall be
constructed to avoid plugging or collapse and erosion at inlets and outlets.
Drainage ditches shall be provided at the toe of all cut slopes formed by
construction of roads. Trash racks and debris basins shall be installed in the
drainage ditches wherever debris from the drainage area could impair the
functions of drainage and sediment control structures. Ditch relief and cross
drains shall be spaced according to grade. Effluent limitations of Paragraph
(a) [now Subsection A of 19.8.36.29 NMAC] of this Section shall not apply to
drainage from access and haul roads located outside the disturbed area as
defined in this Section unless otherwise specified by the regulatory authority.
(d) Access and haul roads shall be surfaced
with durable material. Toxic- or acid-forming substances shall not be used.
Vegetation may be cleared only for the essential width necessary for road and
associated ditch construction and to serve traffic needs.
(3) Maintenance.
(a) Access and haul roads shall be routinely
maintained by means such as, but not limited to, wetting, scraping or
surfacing.
(b) Ditches, culverts, drains, trash racks,
debris basins and other structures serving to drain access and haul roads shall
not be restricted or blocked in any manner that impedes drainage or adversely
affects the intended purpose of the structure.
M. Hydrologic impacts of other transport facilities. Railroad
loops, spurs, sidings and other transport facilities shall be constructed,
maintained and reclaimed to control diminution or degradation of water quality
and quantity and to prevent additional contributions of suspended solids to
streamflow, or to runoff outside the permit area to the extent possible, using
the best technology currently available. In no event shall contributions be in
excess of requirements set by applicable State or Federal law.
N. Discharge of waters into underground mines. Surface and
groundwaters shall not be discharged or diverted into underground mine
workings.
[Recompiled
6/4/02]
19.8.36.30 GENERAL PERFORMANCE STANDARDS: DAMS CONSTRUCTED OF WASTE MATERIAL (715.18):
A. General. No waste material shall be used in existing or
new dams without the approval of the regulatory authority. The permittee shall
design, locate, construct, operate, maintain, modify and abandon or remove all
dams (used either temporarily or permanently) constructed of waste materials,
in accordance with the requirements of this Section.
B. Construction of dams:
(1) Waste shall not be used in the
construction of dams unless demonstrated through appropriate engineering
analysis, to have no adverse effect on stability.
(2) Plans for dams subject to this Section, and
also including those dams that do not meet the size or other criteria of
Section 77.216 (a) of this Title, shall be approved by the regulatory authority
before construction and shall contain the minimum plan requirements established
by the mining enforcement and safety administration pursuant to Section
77.216-2 of this title.
(3) Construction requirements are as follows:
(a) Design shall be based on the flood from
the probable maximum precipitation event unless the permittee shows that the
failure of the impounding structure would not cause loss of life or severely
damage property or the environment, in which case, depending on site
conditions, a design based on a precipitation event of no less than 100-year
frequency may be approved by the regulatory authority.
(b) The design freeboard distance between the
lowest point on the embankment crest and the maximum water elevation shall be
at least three feet to avoid overtopping by wind and wave action.
(c) Dams shall have minimum safety factors as
follows:
________________________________________________________________________________________
Case Loading
Condition Minimum
Safety Factor
_________________________________________________________________________________________
I---------------------------------------End
of construction-----------------------------------------------------1.3
II--------------------------------------Partial
pool with steady see-page saturation 1.5
III-------------------------------------Steady
seepage from spillway or decant crest. 1.5
IV-------------------------------------Earthquake
(cases II and III with seismic loading). 1.0
_________________________________________________________________________________________
(d) The dam, foundation and abutments shall
be stable under all conditions of construction and operation of the
impoundment. Sufficient foundation investigations and laboratory testing shall
be performed to determine the factors of safety of the dam for all loading
conditions in Paragraph (b)(3)(iii) [now Subparagraph c Paragraph 3 of
Subsection B of 19.8.36.30 NMAC] of this Section and for all increments of
construction.
(e) Seepage through the dam, foundation and
abutments shall be controlled to prevent excessive uplift pressures, internal
erosion, sloughing, removal of material by solution or erosion of material by
loss into cracks, joints and cavities. This may require the use of impervious
blankets, previous drainage zones or blankets, toe drains, relief wells or
dental concreting of jointed rock surface in contact with embankment materials.
(f) Allowances shall be made for settlement
of the dams and the foundation so that the freeboard will be maintained.
(g) Impoundments created by dams of waste
materials shall be subject to a minimum drawdown criteria that allows the
facility to be evacuated by spillways or decants of 90 percent of the volume of
water stored during the design precipitation event within ten days.
(h) During
construction of dams subject to this section, the structures shall be
periodically inspected by a professional engineer registered in the state of New
Mexico to ensure construction according to the approved design. On completion of
construction, the structure shall be certified by a professional engineer
registered in the state of New Mexico experienced in the field of dam
construction as having been constructed in accordance with accepted
professional practice and the approved design.
(i) A permanent identification marker, at
least six feet high that shows the dam number assigned pursuant to' Section
77-216-1 of this title and the name of the person operating or controlling the
dam, shall be located on or immediately adjacent to each dam within 30 days of
certification of design pursuant to this section.
(4) All
dams, including those not meeting the size or other criteria of Section 77.216
(a) of this title, shall be routinely inspected by a professional engineer
registered in the state of New Mexico, or someone under the supervision of a
registered professional engineer, in accordance with mining enforcement and
safety administration regulations pursuant to Section 77.216-3 of this title.
(5) All dams shall be routinely maintained.
Vegetative growth shall be cut where necessary to facilitate inspection and
repairs. Ditches and spillways shall be cleaned. Any combustible materials
present on the surface, other than that used for surface stability such as
mulch or dry vegetation, shall be removed and any other appropriate maintenance
procedures followed.
(6) All dams subject to this Section shall be
certified annually as having been constructed and modified in accordance with
current prudent engineering practices to minimize the possibility of failures.
Any changes in the geometry of the impounding structure shall be highlighted
and included in the annual certification report. These certifications shall
include a report on existing and required monitoring procedures and
instrumentation, the average and maximum depths and elevations of any impounded
waters over the past year, existing storage capacity of impounding structures,
any fires occurring in the material over the past year and any other aspects of
the structures affecting their stability.
(7) Any enlargements, reductions in size,
reconstruction or other modification of the dams shall be approved by the
regulatory authority before construction begins.
(8) All dams shall be removed and the disturbed
areas regraded, revegetated and stabilized before the release of bond unless
the regulatory authority approves retention of such dams as being compatible
with an approved postmining land use (Section 715.13).
[Recompiled
6/4/02]
19.8.36.31 GENERAL PERFORMANCE STANDARDS: USE OF EXPLOSIVES (715.19):
A. General.
(1) The permittee shall comply with all
applicable local, state and federal laws and regulations and the requirements
of this section in the storage, handling, preparation and use of explosives.
(2) Blasting operations that use more than
the equivalent of 5 pounds of TNT shall be conducted according to a time
schedule approved by the regulatory authority.
(3) All blasting operations shall be
conducted by experienced, trained and competent persons who understand the
hazards involved. Persons working with explosive materials shall:
(a) Have demonstrated a knowledge of, and a
willingness to comply with safety and security requirements;
(b) Be capable of using mature judgement in
all situations;
(c) Be in good physical condition and not
addicted to intoxicants, narcotics or other similar types of drugs;
(d) Possess current knowledge of the local,
state and federal laws and regulations applicable to his work; and
(e) Have obtained a certificate of completion
of training and qualification as required by state law or the regulatory
authority.
B. Preblasting survey.
(1) On the request to the regulatory
authority of a resident or owner of a manmade dwelling or structure that is
located within one-half mile of any part of the permit area, the permittee
shall conduct a preblasting survey of the dwelling or structure and submit a
report of the survey to the regulatory authority.
(2) Personnel approved by the regulatory
authority shall conduct the survey to determine the condition of the dwelling
or structure and to document any preblasting damage and other physical factors
that could reasonably be affected by the blasting. Assessments of structures
such as pipes, cables, transmission lines and wells and other water systems
shall be limited to surface condition and other readily available data. Special
attention shall be given to the preblasting condition of wells and other water
systems used for human, animal or agricultural purposes and to the quantity and
quality of the water.
(3) A written report of the survey shall be
prepared and signed by the person or persons who conducted the survey and
prepared the written report. The report shall include recommendations of any
special conditions or proposed adjustments to the blasting procedures outlined
in Paragraph (e) [now Subsection E of 19.8.36.31 NMAC] of this Section which
should be incorporated into the the blasting plan to prevent damage. Copies of
the report shall be provided to the person requesting the survey and to the
regulatory authority.
C. Public notice of blasting schedule. At least 10 days, but
not more than 20 days before beginning a blasting program in which explosives
that use more than the equivalent of 5 pounds of TNT are detonated, the
permittee shall publish a blasting schedule in a newspaper of general
circulation in the locality of the proposed site. Copies of the schedule shall
be distributed by mail to local governments and public utilities and to each
residence within one-half mile of the blasting sites described in the schedule.
The permittee shall republish and redistribute the schedule by mail at least
every 3 months. Blasting schedules shall not be so general as to cover all working
hours but shall identify as accurately as possible the location of the blasting
site and the time periods when blasting will occur. The blasting schedule shall
contain at a minimum:
(1) Identification of the specific areas in
which blasting will take place. The specific blasting areas described shall not
be larger than 300 acres with a generally contiguous border;
(2) Dates and times when explosives are to be
detonated expressed in not more than 4-hour increments;
(3) Methods to be used to control access to
the blasting area;
(4) Types of audible warnings and all-clear
signals to be used before and after blasting; and
(5) A description of possible emergency
situations (defined in Paragraph (e)(1)(ii) of this Section) [now Subparagraph
b of Paragraph 1 of Subsection E of 19.8.36.31 NMAC], which have been approved
by the regulatory authority, when it may be necessary to blast at times other
than those described in the schedule.
D. Public notice of changes to blasting schedules. Before
blasting in areas not covered by a previous schedule or whenever the proposed
frequency of individual detonations are materially changed, the permittee shall
prepare a revised blasting schedule in accordance with the procedures in
Paragraph (c) [now Subsection C of 19.8.36.31 NMAC] of this Section. If the
change involves only a temporary adjustment of the frequency of blasts, the
permittee may use alternate methods to notify the governmental bodies and
individuals to whom the original schedule was sent.
E. Blasting procedures.
(1) General.
(a) All blasting shall be conducted only
during the daytime hours, defined as sunrise until sunset. Based on public
requests or other considerations, including the proximity to residential areas,
the regulatory authority may specify more restrictive time periods.
(b) Blasting may not be conducted at times
different from those announced in the blasting schedule except in emergency
situations where rain, lightning, other atmospheric conditions or operator or
public safety requires unscheduled detonation.
(c) Warning and all-clear signals of different character that are
audible within a range of one-half mile from the point of the blast shall be
given. All persons within the permit area shall be notified of the meaning of
the signals through appropriate instructions and signs posted as required by
Section 715.12.
(d) Access to the blasting area shall be
regulated to protect the public and livestock from the effects of blasting.
Access to the blasting area shall be controlled to prevent unauthorized entry
at least 10 minutes before each blast and until the permittee's authorized
representative has determined that no unusual circumstances such as imminent
slides or undetonated charges exist and access to and travel in or through the
area can safely resume.
(e) Areas in which charged holes are awaiting
firing shall be guarded, barricaded and posted, or flagged against unauthorized
entry.
(f) Airblast shall be controlled such that it
does not exceed 128 decibel linear-peak at any manmade dwelling or structure
located within one-half mile of the permit area.
(g) Except where lesser distances are
approved by the regulatory authority (based upon a preblasting survey or other
appropriate investigations) blasting shall not be conducted within:
(i) 1,000 feet of any
building used as a dwelling, school, church, hospital or nursing facility;
(ii) 500 feet of facilities including, but not limited to, disposal
wells, petroleum or gas-storage facilities, municipal water-storage facilities,
fluid-transmission pipelines, gas or oil collection lines or water and sewage
lines; and
(iii) 500 feet of an
underground mine not totally abandoned except with the concurrence of the
mining enforcement and safety administration.
(2) Blasting standards.
(a)
Blasting shall be conducted to prevent injury to persons, damage to
public or private property, outside the permit area, adverse impacts on any
underground mine and change in the course, channel or availability of ground or
surface waters outside the permit area.
(b) In all blasting operations, except as
otherwise stated, the maximum peak particle velocity of the ground motion in
any direction shall not exceed 1 inch per second at the immediate location of
any dwelling, public building, school, church or commercial or institutional
building. The regulatory authority may reduce the maximum peak particle
velocity allowed if it determines that a lower standard is required because of
density of population or land use, age or type of structure, geology or
hydrology of the area, frequency of blasts or other factors.
(c) The maximum peak particle velocity of
ground motion does not apply to property inside the permit area that is owned
or leased by the permittee.
(d) An equation for determining the maximum
weight of explosives that can be detonated within any 8 millisecond period is
given in Paragraph (v) [now Subparagraph e of Paragraph 2 of Subsection E of
19.8.36.31 NMAC]. If the blasting is conducted in accordance with this
equation, the regulatory authority will consider the vibrations to be within
the 1 inch per second limit.
(e) The maximum weight of explosives to be
detonated within any 8 millisecond period shall be determined by the formula
W = (D/60)2
where
W=the maximum weight of explosives, in pounds, that can be detonated in any 8
millisecond period, and D=the distance, in feet, to the nearest dwelling,
school, church or commercial or institutional building.
For
distances between 350 and 5,000 feet, solution of the equation results in the
following maximum weight:
Distance,
in feet (D): Maximum
weight, in pounds (W):
350----------------------------------------------------------------34
400----------------------------------------------------------------44
500----------------------------------------------------------------69
600--------------------------------------------------------------100
700--------------------------------------------------------------136
800--------------------------------------------------------------178
900--------------------------------------------------------------225
1,000------------------------------------------------------------278
1,100------------------------------------------------------------336
1,200------------------------------------------------------------400
1,300------------------------------------------------------------469
1,400------------------------------------------------------------544
1,500------------------------------------------------------------625
1,600------------------------------------------------------------711
1,700------------------------------------------------------------803
1,800------------------------------------------------------------900
1,900----------------------------------------------------------1,002
2,000----------------------------------------------------------1,111
2,500----------------------------------------------------------1,736
3,000----------------------------------------------------------2,500
3,500----------------------------------------------------------3,402
4,000----------------------------------------------------------4,444
4,500----------------------------------------------------------5,625
5,000----------------------------------------------------------6,944
(f) If on a particular site the peak particle
velocity continously exceeds one-half inch per second after a period of 1
second following the maximum ground particle velocity, the regulatory authority
shall require the blasting procedures to be revised to limit the ground motion.
(3) Seismograph measurements.
(a) where a seismograph is used to monitor the velocity of ground
motion and the peak particle velocity limit of 1 inch per second is not
exceeded, the equation in Paragraph (v) [now Subparagraph e of Paragraph 2 of Subsection
E of 19.8.36.31 NMAC] need not be used. However, if the equation is not being
used, a seismograph record shall be obtained for every shot.
(b) The use of a modified equation to
determine maximum weight of explosives for blasting operations at a particular
site may be approved by the regulatory authority on receipt of a petition
accompanied by reports including seismograph records of test blasting on the
site. However, in no case shall the
regulatory authority approve the use of a modified equation where the peak
particle velocity limit of 1 inch per second required in Paragraph (e)(2)(ii)
[now Subparagraph b of Paragraph 2 of Subsection E of 19.8.36.31 NMAC] of this
Section would be exceeded.
(c) The regulatory authority may require a
seismograph recording of any or all blasts.
(4) Records of blasting operations. A record of each blast, including
seismograph reports, shall be retained for at least 3 years and shall be
available for inspection by the regulatory authority and the public on request.
The record shall contain the following data:
(a) Name of permittee, operator or other
person conducting the blast;
(b) Location, date and time of blast;
(c) Name, signature and license number of
blaster-in charge;
(d) Direction and distance, in feet, to
nearest dwelling, school, church or commercial or institutional building
neither owned or leased by the permittee;
(e) Weather conditions;
(f) Type of material blasted;
(g) Number of holes, burden and spacing;
(h)
Diameter and depth of holes;
(i) Types of explosives used;
(j) Total weight of explosives used;
(k) Maximum weight of explosives detonated
within any 8 millisecond period;
(l) Maximum number of holes detonated within
any 8 millisecond period;
(m) Methods of firing and type of circuit;
(n) Type and length of stemming;
(o) If mats or other protections were used;
(p) Type of delay detonator used and delay
periods used;
(q) Seismograph records, where required,
including:
(i) Seismograph reading,
including exact location of seismograph and its distance from the blast;
(ii) Name of person taking
the seismograph reading; and
(iii) Name of person and firm
analyzing the seismograph record.
[Recompiled
6/4/02]
19.8.36.32 GENERAL PERFORMANCE STANDARDS: REVEGETATION (715.20):
A. General.
(1) The permittee shall establish on all land
that has been disturbed, a diverse, effective and permanent vegetative cover of
species native to the area of disturbed land or species that will support the
planned postmining uses of the land approved according to Section 715.13. For
areas designated as prime farmland, the reclamation procedures of Section 716.7
shall apply.
(2) Revegetation shall be carried out in a
manner that encourages a prompt vegetative cover and recovery of productivity
levels compatible with approved land uses. The vegetative cover shall be
capable of stabilizing the soil surface with respect to erosion. All disturbed
lands, 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
vegetative cover of the same seasonal variety native to the area of disturbed
land. If both the pre-and postmining land use is intensive agriculture,
planting of the crops normally grown will meet the requirement. Vegetative
cover will be considered of the same seasonal variety when it consists of a
mixture of species of equal or superior utility for the intended land use when
compared with the utility of naturally occurring vegetation during each season
of the year.
(3) On federal lands, the surface management
agency shall be consulted for approval prior to revegetation regarding what
species are selected, and following revegetation, to determine when the area is
ready to be used.
B. Use of introduced species. Introduced species may be
substituted for native species only if appropriate field trials have
demonstrated that the introduced species are of equal or superior utility for
the approved postmining land use, or are necessary to achieve a quick,
temporary and stabilizing cover. Such species substitution shall be approved by
the regulatory authority. Introduced species shall meet applicable state and
federal seed or introduced species statutes, and shall not include poisonous or
potentially toxic species.
C. Timing of revegetation. 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 to meet specific site conditions and climate. Any disturbed
areas, except water areas and surface areas of roads that are approved under
Section 715.13 as part of the postmining land use, which have been graded shall
be seeded with a temporary cover of small grains, grasses or legumes to control
erosion until an adequate permanent cover is established. When rills or
gullies, that would preclude the successful establishment of vegetation or the
achievement of the postmining land use, form in regraded topsoil and overburden
materials as specified in Section 715.14, additional regrading or other
stabilization practices will be required before seeding and planting.
D. Mulching. Mulch shall be used on all regraded and
topsoiled areas to control erosion, to promote germination of seeds and to
increase the moisture retention of the soil. Mulch shall be anchored to the
soil surface where appropriate, to ensure effective protection of the soil and
vegetation. Mulch means vegetation residues or other suitable materials that
aid in soil stabilization and soil moisture conservation, thus providing
micro-climatic conditions suitable for germination and growth, and do not
interfere with the postmining use of the land. Annual grains such as oats, rye
and wheat may be used instead of mulch when it is shown to the satisfaction of
the regulatory authority that the substituted grains will provide adequate
stability and that they will later be replaced by species approved for the
postmining use. Where supplemental irrigation is required by the regulatory
authority during the initial plant establishment period, if the operator can
prove to the satisfaction of the regulatory authority that permanent revegetation
equal to or better than that which would result from the use of mulch will
result, the requirement for mulch may be eliminated if approved by the
regulatory authority.
E. Methods of revegetation.
(1) The permittee shall use technical
publications or the results of laboratory and field tests approved by the
regulatory authority to determine the varieties, species, seeding rates and
soil amendment practices essential for establishment and self-regeneration of
vegetation. The regulatory authority shall approve species selection and
planting plans.
(2) Where hayland, pasture or range is to be
the postmining land use, the species of grasses, legumes, browse, trees or
forbes for seeding or planting and their pattern of distribution shall be
selected by the permittee to provide a diverse, effective and permanent
vegetative cover with the seasonal variety, succession, distribution and
regenerative capabilities native to the area. Livestock grazing will not be allowed
on reclaimed land until the seedlings are established and can sustain managed
grazing. The regulatory authority in consultation with the permittee and the
landowner or in concurrence with the governmental land-managing agency having
jurisdiction over the surface, shall determine when the revegetated area is
ready for livestock grazing.
(3) Where forest is to be the postmining land
use, the permittee shall plant trees adapted for local site conditions and
climate. Trees shall be planted in combination with an herbaceous cover of
grains, grasses, legumes, forbs or woody plants to provide a diverse, effective
and permanent vegetation cover with the seasonal variety, succession and
regeneration capabilities native to the area.
(4)
Where wildlife habitat is to be included in the postmining land use, the
permittee shall consult with appropriate State and Federal wildlife and land management
agencies and shall select those species that will fulfill the needs of
wildlife, including food, water, cover and space. Plant groupings and water
resources shall be spaced and distributed to fulfill the requirements of
wildlife.
F. Standards for measuring success of revegetation.
(1) Success of revegetation shall be measured
on the basis of reference areas approved by the regulatory authority. Reference
areas mean land units of varying size and shape identified and maintained under
appropriate management for the purpose of measuring ground cover, productivity
and species diversity that are produced naturally. The reference areas must be
representative of geology, soils slope, aspect and vegetation in the permit
area. Management of the reference area shall be comparable to that which will
be required for the approved postmining land use of the area to be mined. The
regulatory authority shall approve the estimating techniques that will be used
to determine the degree of success in the revegetated area.
(2) The ground cover of living plants on the
revegetated area shall be equal to the ground cover of living plants of the
approved reference area for a minimum of two growing seasons. The ground cover
shall not be considered equal if it is less than 90 percent of the ground cover
of the reference area for any significant portion of the mined area. Exceptions
may be authorized by the regulatory authority for:
(a) Previously mined areas that were not
reclaimed to the standards required by this chapter prior to the effective date
of these regulations. The ground cover of living plants for such areas shall
not be less than required to control erosion, and in no case less than that
existing before redisturbance;
(b) Areas to be developed immediately for
industrial or residential use. The ground cover of living plants shall not be
less than required to control erosion. As used in this paragraph, immediately
means less than 2 years after regrading has been completed for the area to be
used; and
(c) Areas to be used for agricultural
cropland purposes. Success in revegetation of cropland shall be determined on
the basis of crop production from the mined area compared to the reference
area. Crop production from the mined area shall be equal to that of the
approved reference area for a minimum of two growing seasons. Production shall
not be considered equal if it is less than 90 percent of the production of the
reference area for any significant portion of the mined area.
(3) Species diversity, distribution, seasonal
variety, and vigor shall be evaluated on the basis of the results which could
reasonably be expected using the methods of revegetation approved under
Paragraph (e) [now Subsection E of 19.8.36.32 NMAC] of this Section.
G. Seeding of stockpiled topsoil. Topsoil stockpiled in compliance with Section 715.16 must be
seeded or planted with an effective cover of nonnoxious, quick growing annual
and perennial plants during the first normal period for favorable planting
conditions or protected by other approved measures as specified in Section
715.16.
[Recompiled
6/4/02]
19.8.36.33 SPECIAL PERFORMANCE STANDARDS: GENERAL OBLIGATIONS (716.1): All surface coal mining and reclamation
operations subject to this part shall comply with the applicable special
performance standards in this part. Such operations shall also comply with all
general performance standards in Part 715 of this chapter unless specifically
exempted in this part from the requirements of Part 715.
[Recompiled
6/4/02]
19.8.36.34 SPECIAL PERFORMANCE STANDARDS: STEEP-SLOPE MINING (716.2): The permittee conducting surface coal mining
and reclamation operations on natural slopes that exceed 20 degrees, or on lesser
slopes that require measures to protect the area from disturbance, as
determined by the regulatory authority after consideration of soils, climate,
the method of operation, geology and other regional characteristics, shall meet
the following performance standards. The standards of this section do not apply
where mining is done on a flat or gently rolling terrain with an occasional
steep slope through which the mining proceeds and leaves a plain or
pre-dominantly flat area; or where the mining is governed by Section 716.3.
A. Spoil, waste materials or debris, including that from
clearing and grubbing, and abandoned or disabled equipment, shall not be placed
or allowed to remain on the downslope.
B. The highwall shall be completely covered with spoil and
the disturbed area graded to comply with the provisions of Section 715.14 of
this chapter. Land above the highwall shall not be disturbed unless the
regulatory authority finds that the disturbance will facilitate compliance with
the requirements of this Section.
C. Material in excess of that required to meet the
provisions Section 715.14 of this chapter shall be disposed of in accordance
with the requirements of Section 715.15 of this chapter.
D. Woody materials may be buried in the backfilled area only
when burial does not cause, or add to, instability of the backfill. Woody
materials may be chipped and distributed through the backfill when approved by
the regulatory authority.
[Recompiled
6/4/02]
19.8.36.35 SPECIAL PERFORMANCE STANDARDS: MOUNTAINTOP REMOVAL (716.3):
A. Surface coal mining and reclamation operations that
remove entire coal seams 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 are exempt from the
requirements of Section 715.14 of this chapter for achieving approximate
original contour, if the following requirements are met:
(1) An industrial, commercial, agricultural,
residential or public facility (including recreational facilities) use is
proposed for the affected land.
(2) The alternative land use criteria in
Section 715.13(d) of this chapter are met and the proposal is approved by the
regulatory authority.
(3) All other applicable requirements of Part
715 of this chapter can be met.
B. Surface coal mining and reclamation operations conducted
under this Section shall comply with the following standards:
(1) An outcrop barrier of sufficient width,
consisting of the toe of the lowest coal seam, and its associated overburden
shall be retained to prevent slides and erosion.
(2) The final graded top plateau slopes on
the mined area shall be less than lv: 5h so as to create a level plateau or
gently rolling configuration and the outslopes of the plateau shall not exceed
1v:2h, except where engineering data substantiates and the regulatory authority
finds that a minimum static safety factor of 1.5 will be attained.
(3) The resulting level or gently rolling
contour shall be graded to drain inward from the outslope except at specific
points where it drains over the outslope in protected stable channels.
(4) Damage to natural watercourses below the
area to be mined shall be prevented.
(5) Spoil shall be placed on the mountaintop
bench as is necessary to achieve the postmining land use approved under Section
715.13 of this chapter. All excess spoil material not retained on the
mountaintop shall be placed in accordance with the standards of Section 715.15
of this chapter.
C.
(1) All permits giving approval for
mountaintop removal shall be reviewed not more than 3 years from the date of
issuance of the permit, unless the permittee affirmatively demonstrates and the
regulatory authority finds that all operations are proceeding in accordance
with the terms of the permit and applicable requirements of the Act and the
regulations of this Part. The terms of the permit shall be in accordance with
the requirements of the Act and the regulations of this Part.
(2) The terms of a permit for mountaintop
removal may be modified by the regulatory authority if it determines that more
stringent measures are necessary to prevent or control slides and erosion,
prevent damage to natural water courses, avoid water pollution or to assure
successful revegetation.
[Recompiled
6/4/02]
19.8.36.36 SPECIAL PERFORMANCE STANDARDS: PRIME FARMLANDS (716.7):3
3 - Enforcement of these
provisions promulgated pursuant to Sections 510(d) and 515(b)(7) of the federal
act will be enjoined to the extent they impose performance standards on
operations that are exempt from these requirements pursuant to Section
510(d)(2).
A. Applicability.
(1) Permittees of surface coal mining and
reclamation operations conducted on prime farmland shall comply with the
general performance standards of Part 715 of this chaper in addition to the
special requirements of this Section. Prime farmlands are those lands defined
in Paragraph (b) [now Subsection B of 19.8.36.36 NMAC] of this Section that
have been used for the production of cultivated crops, including nurseries, orchards
and other speciality crops , and small grains for at least 5 years out of the
20 years preceding the date of the permit application.
(2) The requirements of this Section are
applicable to any permit issued on or after August 3, 1977. Permits issued
before that date and revisions or renewals of those permits need not conform to
the provisions of this Section regarding actions to be taken before a permit is
issued. Permit renewals or revisions shall include only those areas that:
(a) Were in the original permit area or in a
mining plan approved prior to August 3, 1977; or
(b) Are contiguous and under State regulation
or practice would have normally been considered as a renewal or revision of a
previously approved plan.
B. Definition. Prime farmland means those lands that meet
the applicability requirements in Paragraph (a) [now Subsection A of 19.8.36.36
NMAC] of this section and the specific technical criteria prescribed by the
secretary of agriculture as published in the FEDERAL REGISTER on August 23,
1977. These criteria are included here for convenience. Terms used in this
section are defined in U.S. department of agriculture publications: Soil
Taxonomy, Agriculture Handbook 436: Soil Survey Manual. Agriculture Handbook
18; Rainfall-Erosion Losses From Cropland, Agriculture Handbook 282; and Saline
and Alkali Soils, Agriculture Handbook 60. To be considered prime farmland
soils must meet all of the following criteria:
(1) The soils have:
(a) Aquic, udic, ustic or xeric moisture
regimes and sufficient available water capacity within a depth of 40 inches or
in the root zone, if the root zone is less than 40 inches deep, to produce the
commonly grown crops in 7 or more years out of 10; or
(b) Xeric or ustic moisture regimes in which
the available water capacity is limited but the area has a developed irrigation
water supply that is dependable and of adequate quality (a dependable water
supply is one in which enough water is available for irrigation in 8 out 10
years for the crops commonly grown); or
(c) Aridic or torric moisture regimes and the
area has a developed irrigation water supply that is dependable and of adequate
quality.
(2) The soils have a temperature regime that
is frigid, mesic, thermic or hyperthermic (pergelic and cryic regimes are
excluded). These are soils that at a depth of 20 inches have a mean annual
temperature higher than 32 degrees F.
In addition, the mean summer temperature at this depth in soils with an
0 horizon is higher than 47 degrees F in soils that have no 0 horizon the mean
summer temperature is higher than 59 degrees F.
(3) The soils have a pH between 4.5 and 8.4
in all horizons within a depth of 40 inches or in the root zone if the root
zone is less than 40 inches deep.
(4) The soils either have no water table or
have a water table that is maintained at a sufficient depth during the cropping
season to allow food, feed, fiber, forage and oilseed crops common to the area
to be grown.
(5) The soils can be managed so that, in all
horizons within a depth of 40 inches or in the root zone if the root zone is
less than 40 inches deep during part of each year the conductivity of
saturation extract is less than 4 mmhos/cm and the exchangeable sodium
percentage (ESP) is less than 15.
(6) The soils are not flooded frequently
during the growing season (less often than once in 2 years).
(7) The soils have a product of K
(erodibility factor) x percent slope of less than 2.0 and a product of I (soil
erodibility) x C (climatic factor) not exceeding 60.
(8) The soils have a permeability rate of at
least 0.06 inch per hour in the upper 20 inches and the mean annual soil
temperature at a depth of 20 inches is less than 59 degrees F.; the
permeability rate is not a limiting factor if the mean annual soil temperature
is 59 degrees F. or higher.
(9) Less than 10 percent of the surface layer
(upper 6 inches) in these soils consists of rock fragments coarser than 3
inches.
C. Identification of prime farmland. Prime farmland shall be
identified on the basis of soil survey submitted by the applicant. The
regulatory authority also may require data on irrigation drainage, flood
control, and subsurface water management. The requirement for submission of
soil surveys may be waived by the regulatory authority if the applicant can
demonstrate according to the procedures in Paragraph (d) [now Subsection D of
19.8.36.36 NMAC] of this Section that no prime farmlands are involved. Soil
surveys shall be conducted according to standards of the National Cooperative
Soil Survey which include the procedures set forth in U.S. department of
agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual) , and shall
include:
(1) Data on moisture availability,
temperature regime, flooding, water table, erosion characteristics,
permeability, or other information that is needed to determine prime farmland
in accordance with Paragraph (b) [now Subsection B of 19.8.36.36 NMAC] of this
Section;
(2) A map designating the exact location and
extent of the prime farmland; and
(3) A description of each soil mapping unit.
D. Negative determination of prime farmland. The land shall
not be considered as prime farmland where the applicant can demonstrate one or
more of the following situations:
(1) Lands within the proposed permit
boundaries have been used for the production of cultivated crops for less than
5 years out of 20 years preceding the date of the permit application.
(2) The slope of all land within the permit
area is 10 percent or greater.
(3) Land within the permit area is not irrigated
or naturally subirrigated, has no developed water supply that is dependable and
of adequate quality and the average annual precipitation is 14 inches or less.
(4) Other factors exist, such as a very rocky
surface, or the land is frequently flooded, which clearly place all land within
the area outside the purview of prime farmland.
(5) A written notification based on
scientific findings and soil surveys that land within the proposed mining area
does not meet the applicability requirements in Paragraph (a) [now Subsection A
of 19.8.36.36 NMAC] of this Section is submitted to the regulatory authority by
a qualified person other than the applicant, and is approved by the regulatory
authority.
E. Plan for restoration of prime farmland. The applicant
shall submit to the regulatory authority a plan for the mining and restoration
of any prime farmland within the proposed permit boundaries. This plan shall be
used by the regulatory authority in judging the technological capability of the
applicant to restore prime farmlands. The plan shall include:
(1) A description of the original undisturbed
soil profile, as determined from a soil survey, showing the depth and thickness
of each of the soil horizons that collectively constitute the root zone of the
locally adapted crops and are to be removed, stored and replaced;
(2) The proposed method and type of equipment
to be used for removal, storage, and replacement of the soil in accordance with
Paragraph (g) [now Subsection G of 19.8.36.36 NMAC] of this section;
(3) The location of areas to be used for the
separate stockpiling of the soil and plans for soil stabilization before
redistribution;
(4) If
applicable, documentation such as agricultural school studies or other
scientific data from comparable areas that supports the use of other suitable
material, instead of the A, B or C soil horizon, to obtain on the restored area
equivalent or higher levels of yield as non-mined prime farmlands in the
surrounding area under equivalent levels of management; and
(5) Plans for seeding or cropping the final
graded mine land and the conservation practices to control erosion and
sedimentation during the first 12 months after regrading is completed. Proper
adjustments for seasons must be made so that final graded land is not exposed
to erosion during seasons when vegetation or conservation practices cannot be
established due to weather conditions; and
(6) Available agricultural school studies,
company data or other scientific data for comparable areas that demonstrate
that the applicant using his proposed method of reclamation will achieve, within
a reasonable time, equivalent or higher levels of yield after mining as existed
before mining.
F. Consultation with secretary of agriculture and issuance
of permit.
(1) The regulatory authority may grant a
permit which shall incorporate the plan submitted under Paragraph (e) [now
Subsection E of 19.8.36.36 NMAC] of this section, if it finds in writing that
the applicant:
(a) has the technological capability to
restore the prime farmland within the proposed permit area, within a reasonable
time, to equivalent or higher levels of yield as non-mined prime farmland in
the surrounding area under equivalent levels of management; and
(b) Will achieve compliance with the standards
of Paragraph (g) [now Subsection G of 19.8.36.36 NMAC] of this Section.
(2) Before any permit is issued for areas
that include prime farmlands, the regulatory authority shall consult with the
secretary of agriculture. The secretary of sgriculture will provide a review of
the proposed method of soil reconstruction and comment on possible revisions
that will result in a more complete and adequate restoration. The secretary of
agriculture has assigned his responsibilities under this paragraph to the
administrator of the U.S. soil conservation service and the U.S. soil
conservation service will carry out the consultation and review through their
state conservationist, located in each state.
G. Special requirements. For all prime farmlands to be mined
and reclaimed the applicant shall meet the following special requirements:
(1) All soil horizons to be used in the
reconstruction of the soil shall be removed before drilling, blasting or mining
to prevent contaminating the soil horizons with undesirable materials. Where
removal of soil horizons result in erosion that may cause air and water
pollution, the regulatory authority shall specify methods of treatment to
control erosion of exposed overburden. The permittee shall:
(a) Remove separately the entire A horizon or
other suitable soil materials which will create a final soil having an equal or
greater productive capacity than that which existed prior to mining in a manner
that prevents mixing or contamination with other material before replacement;
(b) Remove separately the B horizon of the
natural soil or a combination of B horizon and underlying C horizon or other
suitable soil material that will create a reconstructed root zone of equal or
greater productivity capacity than that which existed prior to mining in a
manner that prevents mixing or contamination with other material; and
(c) Remove separately the underlying C
horizons or other strata, or a combination of such horizons or other strata, to
be used instead of the B horizon that are of equal or greater thickness and
that can be shown to be equal or more favorable for plant growth than the B
horizon, and that when replaced will create in the reconstructed soil a final
root zone of comparable depth and quality to that which existed in the natural
soil.
(2) If stockpiling of soil horizons is
allowed by the regulatory authority in lieu of immediate replacement, the A
horizon and B horizon must be stored separately from each other. The stockpiles
must be placed within the permit area and where they will not be disturbed or
exposed to excessive erosion by water or wind before the stockpiled horizons
can be redistributed on terrain graded to final contour. Stockpiles in place
for more than 30 days must meet the requirements of Section 715.16(c).
(3) Scarify the final graded land before the
soil horizons are replaced.
(4) Replace the material from the B horizon
or other suitable material specified in Paragraph (g)(1)(ii) or (g)(1)(iii)
[now Subparagraphs b or c of Paragraph 1 of Subsection G of 19.8.36.36 NMAC] of
this Section in such a manner as to avoid excessive compaction of overburden
and to a thickness comparable to the root zone that existed in the soil before
mining.
(5) Replace the A horizon or other suitable
soil materials which will create a final soil having an equal or greater
productive capacity than existed prior to mining, as the final surface soil
layer to the thickness of the original soil as determined in Paragraph
(g)(1)(i) [now Subparagraphs a of Paragraph 1 of Subsection G of 19.8.36.36
NMAC] of this Section in a manner that:
(a) Prevents excess compaction of both the
surface layer and underlying material and reduction of permeability to less
than 0.06 inch per hour in the upper 20 inches of the reconstructed soil profile;
and
(b) Protects the surface layer from wind and
water erosion before it is seeded or planted.
(6) Apply nutrients and soil amendments as
needed to establish quick vegetative growth.
[Recompiled
6/4/02]
19.8.36.37 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: GENERAL
OBLIGATIONS (717.11):
A. Compliance. Alll underground coal mining and associated
reclamation operations conducted on lands where any element of the operations
is regulated by a state shall comply with the initial performance standards of
this Part.
(1) For the purposes of this Part,
underground coal mining and associated reclamation operations mean a
combination of surface operations and underground operations. Surface
operations include construction, use, and reclamation of new and existing
access and haul roads, aboveground repair areas, storage areas, processing
areas, shipping areas and areas upon which are sited support facilities
including hoist and ventilating ducts, and on which material incident to
underground mining operations are placed. Underground operations include
underground construction, operation, and reclamation of shafts, adits,
underground support facilities, underground mining, hauling, storage and
blasting.
(2) For the purpose of this Part the term
permittee means the person permitted to conduct underground mining operations
by a state or if no permit is issued in the state, the person operating a mine.
(3) For
the purpose of this Part, disturbed areas means surface work areas and lands
affected by surface operations including, but not limited to, roads, mine entry
excavations, above ground (surface) work areas, such as tipples, coal processing
facilities and other operating facilities, waste work and spoil disposal areas,
and mine waste impoundments or embankments. "Disturbed area" is
synonymous with the word's "affected area" used in Sections 1 through
37 [now 19.8.36.8 NMAC through 19.8.36.43 NMAC].
(4) Where state environmental protection
standards are adopted for a specific state because they are more stringent than
the standards of this part, they will be published in Part 718 of this chapter.
B. Authorizations to operate. A copy of all current permits,
licenses, approved plans or other authorizations to operate the mine shall be
available for inspection at or near the mine site.
[Recompiled
6/4/02]
19.8.36.38 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: SIGNS AND
MARKERS (717.12):
A. Specifications. All signs required to be posted shall be
of a standard design that can be seen and read easily and shall be made of
durable material and shall conform to local ordinances and codes. The signs and
other markers shall be maintained during all operations to which they pertain.
B. Mine and permit identification signs. Signs identifying
the mine area shall be displayed at all points of access to the permit area
from public highways. Signs shall show the name, business address and telephone
number of the permittee and identification numbers of current mining and
reclamation permit. Such signs shall not be removed until after release of all
bonds.
[Recompiled
6/4/02]
19.8.36.39 UNDERGROUND MINING GENERAL PERFORMANCE
STANDARDS: BACKFILLING AND GRADING OF
ROAD CUTS, MINE ENTRY AREA CUTS AND OTHER SURFACE WORK AREAS (717.14):
A. Upon completion of underground mining, surface work areas
which are involved in excavation, disposal of materials or otherwise affected, shall
be regraded to approximate original contour. The permittee shall transport,
backfill and compact fill material to assure stability or to prevent leaching
of toxic pollutants. Barren rock or similar materials excess to the mining
operations and which are disposed on the land surface shall be subject to the
provision of Section 717.15 of this Part. Roads and support facility areas
existing prior to the effective date of this Part and used in support of
underground mining operations which are subject to this Part shall be regraded
to the extent deemed feasible by the regulatory authority based on the
availability of backfill material and resulting stability of the affected lands
after reclamation. As a minimum, the permittee shall be required to:
(1) Retain
all earth, rock and other mineral nonwaste materials on the solid portion of
existing or new benches, except that the regulatory authority may permit
placement of such material at the site of the faceup as a means of disposing of
excavated spoil when additional working space is needed to facilitate
operations. Such placement of material shall be limited to minimize disturbance
of land and to the hydrologic balance. Such fills shall be stabilized with
vegetation and shall achieve a minimum static safety factor of 1.5. In no case
shall the outslope exceed the angle of repose.
(2) Backfill and grade to the most moderate
slope possible to eliminate any highwall along roads, mine entry faces or other
areas. Slopes shall not exceed the angle of repose or such lesser slopes as
required by the regulatory authority to maintain stability.
B. On approval by the regulatory authority and in order to
conserve soil moisture, ensure stability, and control erosion on final graded
slopes, cut-and-fill terraces may be allowed if the terraces are appropriate
substitutes for construction of lower grades on the reclaimed lands. The
terraces shall meet the following requirements:
(1) The width of the individual terrace bench
shall not exceed 20 feet unless specifically approved by the regulatory
authority as necessary for stability erosion control or roads.
(2) The vertical distance between terraces
shall be as specified by the regulatory authority to prevent excessive erosion
and to provide long-term stability.
(3) The slope of the terrace outslope shall
not exceed 1v:2h (50 percent). Outslopes which exceed lv:2h (50 percent) may be
approved if they have a minimum static safety factor of 1.5 or more and provide
adequate control over erosion and closely resemble the surface configuration of
the land prior to mining. In no case may highwalls be left as part of terraces.
(4) Culverts and underground rock drains
shall be used on the terrace only when approved by the regulatory authority.
C. All surface operations on steep slopes of 20 degrees or
more or on such lesser slopes as the regulatory authority define as a steep
slope shall be conducted so as not to place any material on the downslope below
road cuts, mine working or other benches, other than in conformance with
Paragraph (a)(1) [now Paragraph 1 of Subsection A of 19.8.36.39 NMAC] of this
Part.
D. Regrading or stabilizing rills and gullies. When rills or
gullies deeper than 9 inches form in areas that have been regraded and the
topsoil replaced but vegetation has not yet been established, the permittee
shall fill, grade or otherwise stabilize the rills and gullies and reseed or
replant the areas according to Section 717.20. The regulatory authority shall
specify that erosional features of lesser size be stabilized if they result in
additional erosion and sedimentation.
E. Covering coal and acid-forming, toxic-forming,
combustible and other waste materials; stabilizing backfilled materials; and
using waste material for fill. Any acid-forming, toxic-forming, combustible
materials, or any other waste materials as identified by the regulatory
authority that are exposed, used, or produced during underground mining and
which are deposited on the land surface shall, after placement in accordance
with Section 717.15 of this Part, be covered with a minimum of 4 feet of
non-toxic and non-combustible material; or, if necessary, treated to neutralize
toxicity, in order to prevent water pollution and sustained combustion, and to
minimize adverse effects on plant growth and land uses. Where necessary to protect against upward
migration of salts, exposure by erosion, to provide an adequate depth for plant
growth, or to otherwise meet local conditions, the regulatory authority shall
specify thicker amount of cover using nontoxic material. 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 or otherwise violate
the provisions of Section 717.17 of this Part.
F. Grading along the contour. All final grading,
preparation of earth, rock and other nonwaste materials before replacement of
topsoil, and placement of topsoil in accordance with Section 717.20 shall be
done along the contour to minimize subsequent erosion and instability. If such
grading, preparation or placement along the contour would be hazardous to
equipment operators, grading, preparation or placement in a direction other
than generally parallel to the contour may be used. In all cases, grading,
preparation or placement shall be conducted in a manner which minimizes erosion
and provides a surface for replacement of topsoil which will minimize slippage.
[Recompiled
6/4/02]
19.8.36.40 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: DISPOSAL OF
EXCESS ROCK AND EARTH MATERIALS ON SURFACE AREAS ( 717.15): Excess rock and earth materials produced
from an underground mine and not disposed in underground workings or used in
backfilling and grading operations shall be placed in surface disposal areas in
accordance with requirements of Section 715.15. Where the volume of such
material is small and its chemical and physical characteristics do not pose a threat
to either public safety or the environment the regulatory authority may modify
the requirements of Section 715.15 in accordance with Section 717.14(a)(1).
[Recompiled
6/4/02]
19.8.36.41 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: PROTECTION OF
THE HYDROLOGIC SYSTEM (717.17): The
permittee shall plan and conduct underground coal mining and reclamation
operations to minimize disturbance of the prevailing hydrologic balance in
order to prevent long-term adverse changes in the hydrologic balance that could
result from underground coal mining operations, both on and off site. Changes
in water quality and quantity, in the depth to ground water, and in the
location of surface water drainage channels shall be minimized and applicable
Federal and State statutes and regulations shall not be violated. The permittee
shall conduct operations so as to minimize water pollution and shall, where
necessary, use treatment methods to control water pollution. The permittee
shall emphasize underground coal mining and reclamation practices that will
prevent or minimize water pollution and changes in flows in preference to the
use of water treatment facilities prior to discharge to surface waters.
Practices to control and minimize pollution include, but are not limited to,
diverting water from underground workings or preventing water contact with acid
or toxic-forming materials, and minimizing water contact time with waste
materials, maintaining mine barriers to enhance postmining inundation and
sealing, establishing disturbed areas through grading, diverting runoff,
achieving quick growing stands of temporary vegetation, and lining drainage
channels. If treatment is required to eliminate pollution of surface or ground
waters, the permittee shall operate and maintain the necessary water treatment
facilities as set forth in this section.4
(4The standards in Section 717.17(a) will be enjoined to the
extent that they supersede, amend, repeal or modify the provisions of the
Federal Water Pollution Control Act and its regulations.
A. Water quality standards and effluent limitations. All
surface drainage from the disturbed areas, including disturbed areas that have
been graded, seeded or planted and which remain subject to the requirements of
this section, except for drainage from disturbed areas that have met the
requirements of Section 717.20 shall be passed through a sedimentation pond or
a series of sedimentation ponds prior to leaving the permit area. All waters
which flow or are removed from underground operations or underground waters
which are removed from other areas to facilitate mining and which discharge to
surface waters must be passed through appropriate treatment facilities prior to
discharge where necessary to meet effluent limitations. For purposes of this section only, disturbed
areas shall include areas of surface operations but shall not include those
areas in which only diversion ditches, sedimentation ponds or roads are
installed in accordance with this section and the upstream area is not
otherwise disturbed by the permitee. Disturbed areas shall not include those
surface areas overlying the underground working unless those areas are also
disturbed by surface operations such as fill (disposal) areas, support
facilities areas or other major activities which create a risk of
pollution. The regulatory authority may
grant exemptions from this requirement only when the disturbed drainage area
within the total disturbed area is small and if the permittee shows that
sedimentation ponds are not necessary to meet effluent limitations of this
paragraph and to maintain water quality in downstream receiving waters.
Sedimentation ponds required by this paragraph shall be constructed in
accordance with Paragraph (e) [now Subsection E of 19.8.36.41 NMAC] of this
Section in appropriate locations prior to any mining in the affected drainage
area in order to control sedimentation or otherwise treat water in accordance
with this paragraph. Discharges from areas disturbed by underground operation
and by surface operation and reclamation activities conducted thereon, must
meet all applicable federal and state regulations and, at a minimum, the
following numerical effluent limitations:
EFFLUENT LIMITATIONS IN
MILLIGRAMS PER LITER
mg/l, Except For pH
_________________________________________________________________________________________
Average
of daily values for 30
Effluent
characteristics Maximum
Allowable1 consecutive
discharge days1
_________________________________________________________________________________________
Iron,
total _ _ _ _ _ _ _ 7.0 3.5
Manganese,
total _ _ _ 4.0 2.0
Total
suspended solids pH2 70.0 35.0
Within
the range 6.0 to 9.0 _ _ _ _ _ _ _ _ _ _ _ _
_________________________________________________________________________________________
1 Based on representative
sampling.
2 Where the application
of neutralization and sedimentation treatment technology results in inability
to comply with the manganese limitations set forth, the regulatory authority
may allow the pH level in the discharge to exceed to a small extent the upper
limit of 9.0 in order that the manganese limitations will be achieved.
(1) Any overflow or other discharge of
surface water from the disturbed area within the permit area demonstrated by
the permittee to result from a precipitation event larger than the 10-year
24-hour frequency event will not be subject to the effluent limitations of
paragraph (a) [Subsection A of 19.8.36.41 NMAC].
(2) The permittee shall install, operate, and
maintain adequate facilities to treat any water discharged from the disturbed
area that violates applicable federal or state regulations or the limitations
of Paragraph (a) [now Subsection A of 19.8.36.41 NMAC]. If the pH of waters to
be discharged from the disturbed area is normally less than 6.0, an automatic
lime feeder or other neutralization process approved by the regulatory
authority shall be installed, operated and maintained. If the regulatory
authority finds that small and infrequent treatment requirements to meet
applicable standards do not necessitate use of an automatic neutralization
process, and the mine normally produces less than 500 tons of coal per day, the
regulatory authority can approve the use of a manual system if the permittee
agrees to ensure that consistent and timely treatment is carried out.
B. Surface water monitoring.
(1) The permittee shall submit for approval
by the regulatory authority a surface water monitoring program which meets the
following requirements:
(a) Provides adequate monitoring of all
discharge from the disturbed area and from the underground operations.
(b) Provides adequate data to describe the
likely daily and seasonal variation in discharges from the disturbed area in
terms of flow, pH, total iron, total manganese and total suspended solids and
as requested by the regulatory authority, any other parameter characteristic of
the discharge.
(c) Provides monitoring at appropriate
frequencies to measure normal and abnormal variations in concentrations.
(d) Provides an analytical quality control
system including standard methods of analysis such as those specified in 40 CFR
136.
(e) Provides regular reports of all
measurements to the regulatory authority within 60 days of sample collection
unless violations of permit conditions occur in which case the regulatory
authority shall be notified immediately after receipt of analytical results by
the permittee. If the discharge is subject to regulation by a federal or state
permit issued in compliance with section 301 of the Federal Water Pollution Control
Act Amendment of 1972 (33 U.S.C. Section 1311), a copy of the completed
reporting form supplied to meet the permit requirements may be submitted to the
regulatory authority to satisfy the reporting requirements if the data meet the
frequency and other requirements of this paragraph.
(2) Equipment, structures or other measures
necessary to accurately measure and sample the quality and quantity of surface
water discharges from the disturbed area of the permit area shall be properly
installed, maintained and operated and shall be removed when no longer
required.
C. Diversion and conveyance of overland flow away from
disturbed areas. In order to minimize erosion and to prevent or remove water
from contacting toxic-producing deposits, overland flow from undisturbed areas
may, as required or approved by the regulatory authority, be diverted away from
disturbed areas by means of temporary or permanent diversion structures. The
following requirements shall be met for such diversions:
(1)
Temporary diversion structures shall be constructed to safely pass the
peak runoff from a precipitation event with a one year recurrence interval, or
a larger event as specified by the regulatory authority. The design criteria
must assure adequate protection of the environment and public during the
existence of the temporary diversion structure.
(2) Permanent diversion structures are those
remaining after mining and reclamation and approved for retention by the
regulatory authority and other appropriate state and federal agencies. To
protect fills and property, to prevent water from contacting toxic-producing
deposits, and to avoid danger to public health and safety, permanent diversion
structures shall be constructed to safely pass the peak runoff from a
precipitation event with a 100-year recurrence interval or a larger event as
specified by the regulatory authority. Permanent diversion structures shall be
constructed with gently sloping banks that are stabilized by vegetation.
Asphalt, concrete or other similar linings shall not be used unless
specifically required to prevent seepage or to provide stability and they are
approved by the regulatory authority.
(3) Diversions shall be designed, constructed
and maintained in a manner so as to prevent additional contributions of
suspended solids to streamflow, or to runoff outside the permit area to the
extent possible, using the best technology currently available. In no event
shall such contributions be in excess of requirements set by applicable State
or Federal law. Appropriate sediment control measures for these diversions
shall include, but not be limited to, maintenance of appropriate gradients,
channel lining, vegetation and roughness structures and detention basins.
D. Stream channel diversions. In the event that the
regulatory authority permits diversion of streams, the regulations of Section
715.17(d) shall apply.
E. Sediment control measures5. Appropriate
sediment control measures shall be designed, constructed, and maintained to
prevent additional contributions of sediment to streamfIow or to runoff outside
the permit area to the extent possible, using the best technology currently
available. 5The standards in
Section 717.17(e) will be preliminarily enjoined.
(1) Sediment control measures include
practices carried out within and adjacent to the disturbed area. The scale of
downstream practices shall reflect the degree to which successful techniques
are applied at the sources of the sediment. Sediment control measures consist
of the utilization of proper mining, reclamation methods and sediment control
practices (singly or in combination) including but not limited to:
(a) Disturbing the smallest practicable area
at any one time during the mining operation through progressive backfilling,
grading and timely revegetation;
(b) Consistent with the requirements of
Sections 715.14 and 715.15 of this chapter shaping the backfill material to
promote a reduction of the rate and volume of runoff;
(c) Retention of sediment within the pit and
disturbed area;
(d) Diversion of overland and channelized
flow from undisturbed areas around or in protected crossings through the
disturbed area;
(e) Utilization of straw dikes, riprap, check
dams, mulches, vegetative sediment filters, dugout ponds and other measures that
reduce overland flow velocity, reduce runoff volume or entrap sediment;
(f) Sedimentation ponds.
(2) Sedimentation ponds may be used
individually or in series, should be located as near as possible to the
disturbed area and where possible out of major stream courses, and shall
(either individually or in a series) meet the following criteria:
(a) Sedimentation ponds must provide 24 hour
theoretical detention time for the inflow or runoff entering the pond(s) from a
10 year, 24-hour precipitation event. Runoff diverted, in accordance with
Paragraphs (c) and (d) [now Subsections C and D of 19.8.36.41 NMAC] of this
Section, away from the disturbed drainage areas need not be considered in
sedimentation pond design. In determining the runoff volume the characteristics
of the mine site, reclamation procedures and on-site sediment control practices
shall he considered.
(b) Upon approval of the regulatory authority
theoretical detention time may be reduced to not less than 10 hours, as
demonstrated by the permittee, equal to the improvement in sedimentation
removal efficiency as a result of pond design including but not limited to pond
configuration, inflow outflow facilities and their relative location, baffles
to decrease inflow velocity and short circuiting, a surface area sufficient to
achieve the sediment trap efficiency necessary to meet effluent limitations
(Sec. 715.17 (a)) and sediment control measures provided in Section
715.17(e)(1).
(c) The regulatory authority may approve a
detention time less than the time required by Paragraph (e) (2) (i) or (ii)
[now Subparagraphs an or b of Paragraph 2 of Subsection E of 19.8.36.41 NMAC]
of this Section, when the pemittee has demonstrated that the size distribution
or the specific gravity of the suspended matter or the utilization of chemical
treatment or flocculation are such that the effluent limitations can be met.
The detention time shall be stipulated.
(3) An additional sediment storage volume
must be provided equal to 0.2 acre-feet for each acre of disturbed area within
the upstream drainage area. Upon approval of the regulatory authority, the
sediment storage volume may be reduced in an amount as demonstrated by the
permittee equal to the sediment removed by other appropriate sediment control
measures such as those identified in Paragraph (e)(1) [now Paragraph 1 of
Subsection E of 19.8.36.41 NMAC] of this Section, or by lesser sediment yields
as evidenced by empirical data for runoff characteristics.
(4) Ponds may be of the permanent pool or
self-dewatering type. Dewatering-type ponds shall use siphon or other
dewatering methods approved by the regulatory authority to prevent discharges
of pollutants within the design flow.
(5) Spillway systems shall be properly
located to maximize the distances from the point of inflow into the pond to
maximize detention times. Spillway systems shall be provided to safely
discharge the peak runoff from a precipitation event with a 25-year recurrence
interval, or larger event as specified by the regulatory authority.
(6) Sediment shall be removed from
sedimentation ponds so as to assure maximum sediment removal efficiency and
attainment and maintenance of effluent limitations. Sediment shall be disposed
of in a manner that minimizes adverse effects on surface waters due to its chemical
and physical characteristics, on infiltration, vegetation or surface or ground
water quality.
(7) If a sedimentation pond includes an
embankment that is more than 20 feet in height, as measured from the downstream
toe of the embankment to the top of the embankment or has a storage volume of
20 acre-feet or more, the following additional requirements shall be met:
(a) An appropriate combination of principal
and emergency spillways shall be provided to safely discharge the runoff
resulting from a 100-year-6-hour precipitation event, or larger event as
specified by the regulatory authority.
(b) Ponds shall be designed and constructed
with an acceptable static safety factor of at least 1.5 for the normal pool
level to ensure embankment slope stability.
(c) The minimum top width of the embankment
shall not be less than the quotient of H+35/5 where H is the height of the
embankment as measured from the downstream toe to the top of the embankment.
(d) Ponds shall have appropriate barriers to
control seepage along conduits that extend through the embankment.
(8) All ponds shall be designed and inspected
under the supervision of, and certified after construction by a professional
engineer registered in the state of New Mexico.
(9) All ponds, including those not meeting
the size or other criteria of Section 77.216(a) of this title, shall be
examined for structual weakness, erosion and other hazardous conditions in
accordance with the inspection requirements contained in Section 77.216-3 of
this title.
(10) All ponds shall be removed and the land
affected regraded and revegetated consistent with the requirements of Sections
717.14 and 717.20.
F. Discharge structures. Discharges from sedimentation
ponds and diversion structures shall be controlled, where necessary, using
energy dissipators, surge ponds and other devices to reduce erosion and prevent
deepening or enlargment of stream channels and to minimize disturbances to the
hydrologic balance.
G. Acid and toxic materials. Drainage to ground and surface
waters which emanates from acid-forming or toxic-forming mine waste materials
and spoils placed on the land surface shall be avoided by:
(1) Identifying, burying and treating where
necessary, spoil or other materials that, in the judgment of the regulatory
authority, will be toxic to vegetation or that will adversely affect water
quality if not treated or buried. Such material shall be disposed in accordance
with the provision of Section 717.14(e);
(2) Preventing or removing water from contact
with toxic-producing deposits;
(3) Burying or otherwise treating all toxic
or harmful materials within 30 days if such materials are subject to wind and
water erosion or within a lesser period designated by the regulatory authority.
If storage of such materials is approved, the materials shall be placed on
impermeable material and protected from erosion and contact with surface water.
Coal waste ponds and other coal waste materials shall be maintained according
to Sections 717.17(g)(4) and 717.18 shall apply;
(4) Burying or otherwise treating waste
materials from coal preparation plants no later than 90 days after the
cessation of the filling of the disposal area. Burial or treatment shall be in
accordance with Section 717.14(e) of this Part;
(5) Casing, sealings or otherwise managing
boreholes, shafts, wells and auger holes or other more or less horizontal holes
to prevent pollution of surface or ground water and to prevent mixing of ground
waters or significantly different quality. All boreholes that are within the
permit area but are outside the surface coal mining area or which extend
beneath the coal to be mined and into water-bearing strata shall be plugged
permanently in a manner approved by the regulatory authority, unless boreholes
have been approved for use in monitoring.
H. Ground water systems.
(1) Underground operations shall be conducted
to minimize adverse effects on ground water flow and quality, and to minimize
off-site effects. The permittee will be responsible for performing monitoring
according to Subparagraph (2) [now Paragraph 2 of Subsection H of 19.8.36.41
NMAC] of this paragraph to ensure operations conform to this requirement.
(2) Ground water
levels subsurface flow and storage characteristics, and the quality of ground
water shall be monitored in a manner approved by the regulatory authority to
determine the effects of underground coal mining operations on the quantity and
quality of water in ground water systems at the mine area and in associated
offsite areas. When operations are conducted in such a manner that may affect
the ground water system, ground water levels and ground water quality shall be
periodically monitored using wells which can adequately reflect changes in
ground water quantity and quality resulting from such operations. Sufficient
water wells must be used by the permittee. The regulatory authority may require
drilling and development of additional wells if needed to adequately monitor
the ground water system. As specified and approved by the regulatory authority,
additional hydrologic tests, such as aquifer tests, must be undertaken by the
permittee to demonstrate compliance with Subparagraph (1) [now Paragraph 1 of
Subsection H of 19.8.36.41 NMAC] of this Paragraph.
I. Water rights and replacement. The permittee shall
replace the water supply of an owner of interest in real property who obtains
all or part of his supply of water for domestic, agricultural, industrial or
other legitimate use from an underground or surface source where such supply
has been affected by contamination, diminution, or interruption proximately
resulting from surface coal mine operation by the permittee.
J. Hydrologic impact of roads.
(1) General. Access and haul roads and
associated bridges, culverts, ditches and road rights-of-way shall be
constructed, maintained and reclaimed so as to the extent possible, using the
best technology currently available, prevent additional contributions of
suspended solids to streamflow, or to runoff outside the permit area to the
extent possible, using the best technology currently available. In no event
shall the contributions be in excess of requirements set by applicable state or
federal law. All haul and access roads shall be removed and the land affected
shall be regraded and revegetated consistent with the requirements of Sections
717.14 and 717.20, unless retention of a road is approved and assured of
necessary maintenance to adequately control erosion.
(2) Construction.
(a) All roads, insofar as possible, shall be
located on ridges or on flatter and more stable slopes to minimize erosion.
Stream fords are prohibited unless they are specifically approved by the
regulatory authority as temporary routes across dry streams that will not
adversely affect sedimintation and that will not be used for coal haulage.
Other stream crossings shall be made using bridges, culverts or other
structures designed and constructed to meet the requirements of this Paragraph.
Roads shall not be located in active stream channels nor shall they be
constructed or maintained in a manner that increases erosion or causes
significant sedimentation or flooding. However, nothing in this paragraph will
be construed to prohibit relocation of stream channels in accordance with
Paragraph (d) [now Subsection D of 19.8.36.41 NMAC] of this Section.
(b) In order to minimize erosion and
subsequent disturbances of the hydrologic balance, roads shall be constructed
in compliance with the following grade restrictions or other grades determined
by the regulatory authority to be necessary to control erosion:
(i)
The overall sustained grade shall not exceed lv:10h (10 percent).
(ii) The maximum grade
greater than 10 percent shall not exceed lv:6.5h (15 percent) for more than 300
feet.
(iii) There shall not be more than 300 feet of
grade exceeding 10 percent within each 1,000 feet.
(c) All access and haul roads shall be
adequately drained using structures such as, but not limited to, ditches, water
barriers, cross drains and ditch relief drains. For access and haul roads that
are to be maintained for more than 1 year, water-control structures shall be
designed with a discharge capacity capable of passing the peak runoff from a
10-year, 24-hour precipitation event. Drainage pipes and culverts shall be
constructed to avoid plugging or collapse and erosion at inlets and outlets.
Drainage ditches shall be provided at the toe of all cut slopes formed by
construction of roads. Trash racks and debris basins shall be installed in the
drainage ditches wherever debris from the drainage area could impair the
functions of drainage and sediment control structures. Ditch relief and cross
drains shall be spaced according to grade. Effluent limitations of Paragraph
(a) [now Subsection A of 19.8.36.41 NMAC] of this Section shall not apply to
drainage from access and haul roads located outside the disturbed area as
defined in this section unless otherwise specified by the regulatory authority.
(d) Access and haul roads shall be surfaced
with durable material. Toxic- or acid-forming substances shall not be used.
Vegetation may be cleared only for the essential width necessary for road and
associated ditch construction and to serve traffic roads.
(3) Maintenance.
(a) Access and haul roads shall be routinely
maintained by means such as, but not limited to, wetting, scraping or
surfacing.
(b)
Ditches, culverts, drains, trash racks, debris basins and other
structures serving to drain access and haul roads shall not be restricted or
blocked in any manner that impedes drainage or adversely affects the intended
purpose of the structure.
(4) Access roads constructed for and used
only to provide infrequent service to surface facilities, such as ventilators
or monitoring devices shall be exempt from the requirements of Subparagraph (2)
[now Paragraph 2 of Subsection J of 19.8.36.41 NMAC] of this Paragraph provided
adequate stabilization to control erosion is achieved through use of
alternative measures.
K. Hydrologic impacts of other transport facilities.
Railroad loops, spurs, conveyors or other transport facilities shall be
constructed, maintained and reclaimed to prevent additional contributions of
suspended solids to streamflow, or to runoff outside the permit area to the
extent possible, using the best technology currently available and to control other
diminution or degradation of water quality and quantity. In no event shall
contributions be in excess of requirements set by applicable state or federal
law. Discharge of waters into
underground mines. Surface and ground waters shall not be discharged or
diverted into underground mine workings.
[Recompiled
6/4/02]
19.8.36.42 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: DAMS CONSTRUCTED
OF WASTE MATERIAL (717.18):
A. General. No waste material shall be used in existing or
new dams without the approval of the regulatory authority. The permittee shall
design, locate, construct, operate, maintain, modify and abandon or remove all
dams (used either temporarily or permanently) constructed of waste materials in
accordance with the requirements of this Section.
B. Construction of dams.
(1) Waste shall not be used in the
construction of dams unless demonstrated through appropriate engineering
analysis to have no adverse effect on stability.
(2) Plans for dams subject to this Section,
and also including those dams that do not meet the size or other criteria of
Section 77.216(a)of this title, shall be approved by the regulatory authority
before construction and shall contain the minimum plan requirements established
by the mining enforcement and safety administration pursuant to Section
77.216-2 of this title.
(3) Construction requirements are as follows:
(a) Design shall be based on the flood from
the probable maximum precipitation event unless the permittee shows that the
failure of the impounding structure would not cause loss of life or severly
damage property or the environment, in which case, depending on site
conditions, a design based on a precipitation event of no less than 100-year
frequency may be approved by the regulatory authority.
(b) The design freeboard distance between the
lowest point on the embankment crest and the maximum water elevation shall be
at least 3 feet to avoid overtopping by wind and wave action.
(c) Dams shall have minimum safety factors as
follows:
_________________________________________________________________________________________
Case Loading
condition Minimum
safety factor
_________________________________________________________________________________________
I _ _ _ _ _ _ _ _ _ _ End of construction _ _ _ _ _ _ _ _ 1.3
II
_ _ _ _ _ _ _ _ _ _ Partial
pool with steady seep-age saturation 1.5
III
_ _ _ _ _ _ _ _ _ _ Steady
seepage from spillway or decant crest 1.5
IV
_ _ _ _ _ _ _ _ _ _ Earthquake
(cases II and III with seismic loading) 1.0
_________________________________________________________________________________________
(d) The dam, foundation and abutments shall
be stable under all conditions of construction and operation of the
impoundment. Sufficient foundation investigations and laboratory testing shall
be performed to determine the factors of safety of the dam for all loading
conditions in Paragraph (b)(3)(ii) [now Subparagraph b of Paragraph 3 of
Subsection B of 19.8.36.42 NMAC] of this Section and for all increments of
construction.
(e) Seepage through the dam, foundation and
abutments shall be controlled to prevent excessive uplift pressures, internal
erosion, sloughing, removal of material by solution or erosion of material by
loss into cracks, joints and cavities. This may require the use of impervious
blankets, pervious drainage zones or blankets, toe drains, relief wells or
dental concreting of jointed rock surface in contact with embankment materials.
(f) Allowances shall be made for settlement
of the dams and the foundation so that the freeboard will be maintained.
(g) Impoundments created by dams of waste
materials shall be subject to a minimum drawdown criteria that allows the
facility to be evacuated by spillways or decants of 90 percent of the volume of
water stored during the design precipitation event within 10 days.
(h) During construction of dams subject to
this Section, the structures shall be periodically inspected by a registered professional
engineer to ensure construction according to the approved design. On completion
of construction the structure shall be certified by a professional engineer
registered in the State of New Mexico, experienced in the field of dam
construction as having been constructed in accordance with accepted
professional practice and the approved design.
(i) A permanent identification marker, at
least 6 feet high that shows the dam number assigned pursuant to Section
77.216-1 of this title and the name of the person operating or controlling the
dam, shall be located on or immediately adjacent to each dam within 30 days of
certification of design pursuant to this Section.
(4) All dams, including those not meeting the
size or other criteria of Section 77.216(a) of this title, shall be routinely
inspected by a registered professional engineer, or someone under the
supervision of a registered professional engineer, in accordance with mining
enforcement and safety administration regulations pursuant to Section 77.216-3
of this title.
(5) All dams shall be routinely maintained.
Vegetative growth shall be cut where necessary to facilitiate inspection and
repairs. Ditches and spillways shall be cleaned. Any combustible materials
present on the surface, other than that used for surface stability such as
mulch or dry vegetation shall be removed and any other appropriate maintenance
procedures followed.
(6) All dams subject to this section shall be
recertified annually as having been constructed and modified in accordance with
current prudent engineering practices to minimize the possibility of failures.
Any changes in the geometry of the impounding structure shall be highlighted
and included in the annual recertification report. These certifications shall
include a report on existing and required monitoring procedures and
instrumentation, the average and maximum depths and elevations of any impounded
waters over the past year, existing storage capacity of impounding structures,
any fires occurring in the material over the past year and any other aspects of
the structures affecting their stability.
(7) Any enlargements, reductions in size,
reconstruction or other modification of the dams shall be approved by the
regulatory authority before construction begins.
(8) All dams shall be removed and the
disturbed areas regraded, revegetated and stabilized before the release of bond
unless the regulatory authority approves retention of such dams as being
compatible with an approved postmining land use (Section 715.13).
[Recompiled
6/4/02]
19.8.36.43 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: TOPSOIL HANDLING
AND REVEGETATION (717.20):
A. Topsoil shall be removed as a separate operation from
areas to be disturbed by surface operations such as roads and areas upon which
support facilities are to be sited. Selected overburden materials may be used
instead of, or as a substitute for topsoil where the resulting soil medium is
determined by the regulatory authority to be equal to or more suitable for
revegetation. Topsoil shall be segregated, stockpiled, and protected from wind
and water erosion or contaminants. Disturbed areas no longer required for the
conduct of mining operations shall be regraded, topsoil distributed and
revegetated.
B. The permittee shall establish on all land that has been
disturbed by mining operations a diverse, effective and permanent vegetative
cover capable of self-regeneration and plant succession, and adequate to
control soil erosion. Introduced species may be substituted for native species
if approved by the regulatory authority. Introduced species shall meet
applicable State and Federal seed or introduced species statutes, and may not
include poisonous or potentially toxic species.
[Recompiled
6/4/02]
19.8.36.44 UNDERGROUND MINING GENERAL
PERFORMANCE STANDARDS: COAL
EXPLORATION: Prior to conducting any exploration, any
person must file with the Director notice of intention to explore and such
notice shall include a description of the exploration area and the period of
supposed exploration; and provisions for reclamation in accordance with the
performance standards in Section 19 of the Surfacemining Act of all lands
substantially disturbed in exploration, including excavation, roads, drill
holes and the removal of the necessary facilities and equipment.
[Recompiled
6/4/02]
19.8.36.45 APPROVED:
D.E.
Gray
Chairman
New
Mexico Coal Surfacemining Commission
HISTORY
OF 19.8.36 NMAC:
Pre-NMAC
History:
CSMC
Rule 79-1, New Mexico Coal Surfacemining Regulations, 2-12-85.
History
of Repealed Material: [RESERVED]