New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 4 - EXPLORATION
Section 19.10.4.403 - PERFORMANCE AND RECLAMATION STANDARDS AND REQUIREMENTS

Universal Citation: 19 NM Admin Code 19.10.4.403

Current through Register Vol. 35, No. 18, September 24, 2024

Operations shall be designed and conducted to mitigate disturbance caused by exploration operations and, to the extent practicable, provide for the stabilization of disturbed areas to minimize future impact to the environment and protect air and water resources following closure. The reclamation plan must be developed to address site-specific characteristics and the exploration and excavation work to be performed.

A. Reclamation of the disturbed area shall be initiated and completed within the permit term, unless the disturbed area is included within a complete permit application for a new mining operation. Drill holes shall be plugged in accordance with Subsections K and L of 19.10.3.302 NMAC.

B. Cemeteries and burial grounds and the disturbance of cultural resources listed on or eligible for the national register of historic places or the state register of cultural properties shall be avoided until clearance has been granted by the director after consultation with the state historic preservation officer.

C. Measures shall be taken to safeguard the public from unauthorized entry into hazardous areas if such hazards were created by the operator. Depending on site-specific characteristics, the following measures shall be required:

(1) closing shafts, adits and tunnels to prevent entry;

(2) posting warning signs in locations near hazardous areas;

(3) restricting access to hazardous areas; or

(4) other measures as needed to protect human safety.

D. Trash, other materials and structures incidental to exploration shall be removed and disposed of appropriately.

E. Exploration and reclamation operations shall be conducted to minimize erosion.

F. Disturbance to riparian areas and wetlands shall be minimized during exploration. Adverse effects on riparian areas and wetlands shall be mitigated during reclamation.

G. Measures shall be taken during exploration and reclamation to minimize adverse impacts on wildlife and important habitat. Impacts on important habitat shall be mitigated during reclamation.

H. If necessary for the re-establishment of vegetation, topsoil or topdressing shall be salvaged, stockpiled, and distributed.

I. Vegetation shall be re-established with appropriate species.

J. Road construction should be limited. Roads shall be located to minimize disturbance to land and wildlife and enhance stability. Roads shall be constructed and maintained to control erosion. Roads constructed in or across intermittent or perennial streams require site specific designs. Roads to remain permanent must be approved by the surface owner and must be stabilized to control erosion.

K. Excavations shall be backfilled and graded to approximate the original topography. Adits and shafts created by the operator shall be sealed. Drill holes not regulated by the state engineer office shall be plugged or filled to prevent subsidence and injury to the public and wildlife.

L. Blasting shall be conducted to prevent injury to persons or damage to property not owned by the operator. Fly rock shall be confined to the permit area. The director may require a detailed blasting plan, pre-blast surveys or specific blast design limits to control possible adverse effects to structures.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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