New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2071 - SUBSIDENCE CONTROL: BUFFER ZONES
Current through Register Vol. 35, No. 18, September 24, 2024
A. Underground mining activities shall not be conducted beneath or adjacent to any perennial stream or impoundment having a storage volume of 20 acre-feet or more, unless the director, on the basis of detailed subsurface information, determines that subsidence will not cause material damage, or a reduction in a reasonably foreseeable use, to streams, water bodies and associated structures. If subsidence causes material damage, then measures will be taken to the extent technologically and economically feasible to correct the damage and to prevent additional subsidence from occurring. The director may suspend the underground mining until the subsidence control plan is modified to ensure prevention of further material damage to such features or facilities.
B. Underground mining activities beneath any aquifer, perennial stream or water body that serves as a significant source of water supply to a public water system shall be conducted so as to avoid disruption of the aquifer and consequent exchange of ground water between the aquifer and other strata. The director will prohibit mining in the vicinity of the aquifer or limit the percentage of coal extraction to protect the aquifer and other water supply, unless a finding can be made, based on detailed documentation, that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of these features.
C. Underground mining activities shall not be conducted beneath or in close proximity to any public buildings, including but not limited to churches, schools, hospitals, courthouses and government offices, unless the director, on the basis of detailed subsurface information, determines that subsidence from those activities will not cause material damage, or reduce a reasonably foreseeable use, to these structures and specifically authorizes the mining activities.
D. The director shall suspend underground coal mining under urbanized areas, cities, towns, and communities and adjacent to industrial or commercial buildings, major impoundments or perennial streams, if imminent danger is found to inhabitants of urbanized areas, cities, towns or communities.
