New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2020 - HYDROLOGIC BALANCE: SURFACE AND GROUND WATER MONITORING

(1) Ground water levels, subsurface flow and storage characteristics and the quality of ground water shall be monitored in a manner approved by the director, to determine the effects of surface coal mining operations on the recharge capacity of reclaimed land and on the quantity and quality of water in ground water systems in the permit and adjacent areas.

(2) When surface coal mining operations may affect the ground water systems which serve as aquifers which significantly ensure the hydrologic balance of water use on or off the permit and adjacent areas, ground water levels and ground water quality shall be periodically monitored. Monitoring shall include measurements from a sufficient number of wells and mineralogical and chemical analyses of aquifer, overburden and spoil that are adequate to reflect changes in ground water quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of surface coal mining operations, if necessary, to minimize disturbance of the prevailing hydrologic balance.

(3) The director may specify additional hydrologic tests, including drilling, infiltration tests, and aquifer tests.

(4) Each person shall satisfy any requirements of the water quality control commission regulations.

(5) Ground-water monitoring data shall be submitted every 3 months to the director or more frequently as prescribed by the director. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the director and immediately take the actions provided for in Subsection A of 19.8.11.1113 NMAC.

(6) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. The director may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this paragraph, that:

(7) If an operator can demonstrate by the use of the determination required under Subsection C of 19.8.9.907 NMAC and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area; then monitoring of that stratum may be waived by the director.

(1) Surface water monitoring shall be conducted in accordance with the monitoring program submitted under Paragraph (4) of Subsection B of 19.8.9.907 NMAC and approved by the director. The director shall determine the nature of data, frequency of collection and reporting requirements. Monitoring shall:

(2) Surface water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with Subparagraph (c) of Paragraph (3) of Subsection E of 19.8.20.2009 NMAC the director may modify the monitoring requirements, except those required by the NPDES permitting authority, including the parameters covered and sampling frequency if the operator demonstrates, using the monitoring data obtained under this paragraph, that:

(3) Equipment, structures, and other devices necessary to measure and sample accurately the quality and quantity of surface water discharges from the disturbed area shall be properly installed, maintained, and operated and shall be removed when no longer required.

(4) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR Parts 122, 123 and 434 and as required by the national pollutant discharge elimination system permitting authority.