New Mexico Administrative Code

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 sel…

A. Suitable mulch and other soil stabilizing practices shall be used on all regraded and topdressed areas to control erosion, promote germination of seeds, or increase the moisture retention capacity of the soil. The director may, on a case-by-case basis, suspend the requirement …

When the approved postmining land use is range or pasture land, the operator shall demonstrate to the director, that the reclaimed land has the capability of supporting livestock grazing at rates approximately equal to that for similar non-mined lands for at least two of the last…

A. Success of revegetation shall be measured by techniques identified in the director's "coal mine reclamation program vegetation standards", as approved by the director after consultation with appropriate state and federal agencies. Comparison of ground cover and productivity sh…

19.8.20.2066 NMAC sets forth forest resource conservation standards for reforestation operations to ensure that a cover of commercial tree species, noncommercial tree species, shrubs, or half-shrubs is established for the development of fish and wildlife habitat, recreation, shel…

A. The permittee must either adopt measures consistent with known technology that prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lan…

The mining schedule shall be distributed by mail to all owners of property and residents residing within the permit area above the underground workings and adjacent areas. Each such person shall be notified by mail at least six months prior to mining beneath his property or resid…

A. The permittee must correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses that it was capable …

A. If damage to any non-commercial building or occupied residential dwelling or associated structure occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface …

A. Underground mining activities shall not be conducted beneath or adjacent to any perennial stream or impoundment having a storage volume of 20 acre-feet or more, unless the director, on the basis of detailed subsurface information, determines that subsidence will not cause mate…

A. When subsidence-related material damage occurs to land, structures or facilities, or contamination, diminution, or interruption to a water supply protected under Subsections A through D of 19.8.20.2069 NMAC, the director must require the permittee to obtain additional performa…

A. Each person who conducts surface coal mining operations shall effectively secure surface facilities and support and maintain any surface access openings to underground operations in areas in which there are no current operations, but in which operations are to be resumed under…

A. Persons who cease surface coal mining operations permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with 19.8.2074 NMAC and the permit approved by the director. B. All underground openings, equipment, structures, or other fac…

A. General. All surface land areas affected shall be restored in a timely manner: (1) to conditions that are capable of supporting the uses which they were capable of supporting before any mining; or (2) to higher or better uses achievable under criteria and procedures of 19.8.20…

A. Road classification system. (1) Each road shall be classified as either a primary road or an ancillary road. (2) A primary road is any road which is: (a) used for transporting coal or spoil, except for the portions of those roads located within coal spoil and coal processing w…

Primary roads shall meet the requirements of 19.8.20.2076 NMAC and the additional requirements of 19.8.20.2077 NMAC. A. Certification. The design and construction or reconstruction of primary roads shall be certified by a qualified registered professional engineer as meeting: (1)…

Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall be designed, constructed or reconstructed, and maintained and the area restored, to: A. prevent, to the extent possible using the best technology currently …

A. Support facilities required for, or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at, or near, the mine site, coal storage facilities, equipment storage facilities, fuel storage facilities, chemical and …

NMSA 1978, Sections 69-25A-1 et. seq. (1979)

Permanent

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

[RESERVED] [Definitions for this part can be found in 19.8.1.7 NMAC.]

New Mexico Coal Surface Mining Commission

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979)

A variance under this part applies only to those specific areas within the permit area that the person conducting combined surface and underground mining operations has shown to be necessary for implementing the proposed concurrent operations and that the director has approved in…

A. Each person who conducts operations under a variance issued under 19.8.10.1005 NMAC shall comply with all applicable requirements of this part and the act and these rules and regulations except to the extent that: (1) a delay in compliance with these requirements is specifical…

In addition to the requirements of 19.8.20 NMAC, each person who conducts combined surface and underground mining operations shall comply with the following: A. A 500-foot barrier pillar of coal shall be maintained between the surface and underground mining activities in any one …

NMSA 1978, Sections 69-25A-1 et. seq. (1979)

Permanent

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

[RESERVED] [Definitions for this part can be found in 19.8.1.7 NMAC.]

New Mexico Coal Surface Mining Commission

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979)

A. Any auger mining associated with surface mining operations shall be conducted to maximize recoverability of mineral reserves remaining after the mining activities are completed. Each person who conducts auger mining operations shall leave areas of undisturbed coal to provide a…

NMSA 1978, Sections 69-25A-1 et. seq. (1979)

Permanent

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

New Mexico Coal Surface Mining Commission

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979)

A. Surface coal mining and reclamation operations shall be conducted to preserve, throughout the mining and reclamation process, the essential hydrologic functions of alluvial valley floors not within an affected area. These functions shall be preserved by maintaining those geolo…

A. Surface coal mining and reclamation operations shall not interrupt, discontinue, or preclude farming on alluvial valley floors, unless: (1) the premining land use is undeveloped rangeland which is not significant to farming; or (2) the area of affected alluvial valley floor is…

Surface coal mining and reclamation operations shall be conducted to ensure that the agricultural utility and the level of productivity of alluvial valley floors in affected areas are reestablished.

A. An environmental monitoring system shall be installed, maintained and operated by the permittee on all alluvial valley floors during surface coal mining and reclamation operations and continued until all bonds are released in accordance with 19.8.14 NMAC. The monitoring system…

NMSA 1978, Sections 69-25A-1 et. seq. (1979)