New Mexico Administrative Code

[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)

Surface coal mining and reclamation operations conducted on prime farmland shall meet the following requirements: A. a permit shall be obtained for those operations under 19.8.10.1004 NMAC; B. soil materials to be used in the reconstruction of the prime farmland soil shall be rem…

A. Surface coal mining and reclamation operations on prime farmland shall be conducted to: (1) separately remove the entire A horizon or other suitable soil material which will create a final soil having a greater productive capacity than that which existed prior to mining; (2) s…

If not utilized immediately the A horizon or other suitable soil materials specified in Paragraph (1) of Subsection A of 19.8.24.2401 NMAC and the B horizon or other suitable soil materials specified in Paragraphs (2) and (3) of Subsection A of 19.8.24.2401 NMAC shall be stored s…

Surface coal mining and reclamation operations on prime farmland shall be conducted according to the following: A. the minimum depth of soil and soil material to be reconstructed for prime farmland shall be 48 inches, or a depth equal to the depth of a subsurface horizon in the n…

Each person who conducts surface coal mining and reclamation operations on prime farmland shall meet the following revegetation requirements during reclamation: A. following soil replacement, that person shall establish a vegetative cover capable of stabilizing the soil surface w…

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, Section 69-25A-1 et. Seq. (1979).

Surface coal mining activities may be conducted under a variance from the requirement of this part for restoring affected areas to their approximate original contour, if: A. the director grants the variance under a permit in accordance with 19.8.10.1001 NMAC; B. the activities in…

NMSA 1978, Section 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 surface coal mining and reclamation operations on steep slopes shall meet the requirements of this part. B. The standards of this part do not apply to mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and …

Surface coal mining and reclamation operations subject to this part shall comply with requirements of 19.8.5 NMAC and the following, except to the extent a variance is approved under 19.8.26.2602 NMAC. A. Materials not allowed on downslopes. (1) The person engaged in surface coal…

Persons may be granted variances from the approximate original contour requirements of Subsection B of 19.8.26.2601 NMAC for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under 19…

In multiple-seam steep slope affected areas, spoil not required to reclaim and restore the permit area may be placed on a pre-existing bench, if approved by the director and if the following requirements are met: A. all excess spoil must be hauled, placed, and retained on the sol…

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).

Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant or support facility which is not located within the permit area for a specific mine, shall obtain a permit in accordance with 19.8.10.1008 NMAC to cond…

Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this part shall comply with the following: A. signs and markers for the coal processing plant, coal processing waste disposal area, and water treatment facilities shal…

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. The person who conducts in situ processing activities shall comply with 19.8.20 NMAC and this section. B. In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by: (1) avoiding discharge of fluids into holes o…

A. Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics in a manner approved by the director under 19.8.20.2020 NMAC to measure changes in the quantity and qua…

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

Permanent.