New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2054 - BACKFILLING AND GRADING: GENERAL REQUIREMENTS
Universal Citation: 19 NM Admin Code 19.8.20.2054
Current through Register Vol. 35, No. 24, December 23, 2024
A. Timing of backfilling and grading.
(1) Contour mining. Rough backfilling and
grading shall follow coal removal by not more than 60 days or 1,500 linear
feet. The director may grant additional time or distance for rough backfilling
and grading if the permittee can demonstrate, on the basis of the materials
submitted under Paragraph (3) of Subsection B of
19.8.9.906 NMAC, that additional
time or distance is necessary.
(2)
Open pit mining. Rough backfilling and grading shall occur in accordance with
the time schedule approved by the director, on the basis of the materials
submitted under Paragraph (3) of Subsection B of
19.8.9.906 NMAC, which shall
establish in specific increments the period between removal of coal and
completion of backfilling and grading.
(3) Strip mining. Rough backfilling and
grading shall be completed within 180 days following coal removal and shall not
be more than four spoil ridges behind the pit being worked, the spoil from the
active pit being considered the first ridge. The director may grant additional
time or distance for rough backfilling and grading if the permittee can, on the
basis of the materials submitted under Paragraph (3) of Subsection B of
19.8.9.906 NMAC, that additional
time or distance is necessary; and
(4) Surface areas disturbed incident to
underground mining activities shall be backfilled and graded in accordance with
the time schedule approved by the director as a condition of the
permit.
(5) Final pit at completion
of mining. Rough backfilling and grading shall occur in accordance with a time
schedule approved by the director based on materials submitted under Paragraph
(3) of Subsection B of
19.8.9.906 NMAC.
B. Method for backfilling and grading.
(1) Except as specifically exempted
in 19.8.20 NMAC, all disturbed areas shall be returned to their approximate
original contour. All spoil shall be transported, backfilled, compacted (where
advisable to insure stability or to prevent leaching) and graded to eliminate
all spoil piles, depressions and highwalls except:
(a) as provided for in Paragraph (2) of
Subsection A of
19.8.20.2055 NMAC;
(b) if small depressions are needed in order
to retain moisture to assist revegetation as authorized by the director
pursuant to Subsection C of
19.8.20.2055 NMAC.
(2) Backfilled material shall be
placed to minimize adverse effects on ground water, minimize off-site effects,
and to support the approved postmining land use.
(3) The postmining graded slopes needed not
be of uniform slope.
(4)
Cut-and-fill terraces may be used only in those situations expressly identified
in 19.8.20.2055 NMAC.
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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