Current through Register Vol. 35, No. 18, September 24, 2024
A.
Application contents for prime farmlands. If land within the proposed permit
area is identified as prime farmland under 19.8.8.814 NMAC, the applicant shall
submit a plan for the mining and restoration of the land. Each plan shall
contain, at a minimum:
(1) a soil survey of
at least order 2 of the permit area according to the standards of the national
cooperative soil survey and in accordance with the procedures set forth in U.S.
department of agriculture handbooks 436 (soil taxonomy, 1975) and 18 (soil
survey manual, 1951); the soil survey shall include a description of soil
mapping units and a representative soil profile as determined by the U.S.
natural resources conservation service, including, but not limited to,
soil-horizon depths, pH, and the range of soil densities for each prime
farmland soil unit within the permit area; other representative soil profile
descriptions from the locality, prepared according to the standards of the
national cooperative soil survey, may be used if their use is approved by the
state conservationist, U.S. natural resources conservation service; the
director may request the operator to provide information on other physical and
chemical soil properties as needed to make a determination that the operator
has the technological capability to restore the prime farmland within the
permit area to the soil-reconstruction standards of 19.8.24 NMAC;
(2) the location of areas to be used for the
separate stockpiling of the soil and plans for soil stabilization before
redistribution;
(3) 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;
(4) plans for seeding or cropping the final
graded disturbed land and the conservation practices to be used to adequately
control erosion and sedimentation and restoration of an adequate soil moisture
regime, during the period from completion of regrading until release of the
performance bond or equivalent guarantee under 19.8.14 NMAC; proper adjustments
for seasons must be proposed so that final graded land is not exposed to
erosion during seasons when vegetation or conservation practices cannot be
established due to weather conditions;
(5) available agricultural school studies or
other scientific data for areas with comparable soils, climate, and management
(including water management) that demonstrate that the proposed method of
reclamation will achieve, within a reasonable time, equivalent or higher levels
of yield after mining as existed before mining;
(6) current estimated yields under a proper
level of management for each soil map unit from the USDA for each crop to be
used in determining success of revegetation (19.8.24.2404 NMAC);
(7) in all cases, soil productivity for prime
farmlands shall be returned to equivalent levels of yield as non-mined land of
the same soil type in the surrounding area under equivalent management
practices as determined from the soil survey performed pursuant to Paragraph
(1) of Subsection A of 19.8.10.1004 NMAC.
B. Consultation with secretary of
agriculture. Before any permit is issued for areas that include prime
farmlands, the director shall consult with the U.S. secretary of agriculture.
The U.S. secretary of agriculture shall provide for review and comment of the
proposed method of soil reconstruction in the plan submitted under Subsection A
of 19.8.10.1004 NMAC. If the U.S. secretary of agriculture considers those
methods to be inadequate, he or she shall suggest revisions resulting in more
complete and adequate reconstruction. The U.S. secretary of agriculture has
assigned his responsibilities under this section to the administrator of the U.
S. natural resources conservation service. The natural resources conservation
service shall carry out consultation and review through the state
conservationist located in each state.
C. Issuance of permit. A permit for the
mining and reclamation of prime farmland may be granted by the director, if he
first finds, in writing, upon the basis of a complete application, that:
(1) the approved proposed postmining land use
of these prime farmlands will be cropland;
(2) the permit incorporates as specific
conditions the contents of the plan submitted under Subsection A of
19.8.10.1004 NMAC, after consideration of any revisions to that plan suggested
by the U.S. secretary of agriculture under Subsection B of 19.8.10.1004
NMAC;
(3) the applicant has the
technological capability to restore the prime farmland, 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
(4) the proposed operations will be conducted
in compliance with the requirements of 19.8.24 NMAC and other environmental
protection performance and reclamation standards for mining and reclamation of
prime farmland of the act and 19.8 NMAC.
