New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 20 - PERFORMANCE STANDARDS - SURFACE COAL MINING OPERATIONS
Section 19.8.20.2075 - POSTMINING LAND USE
Universal Citation: 19 NM Admin Code 19.8.20.2075
Current through Register Vol. 35, No. 18, September 24, 2024
A. General. All surface land areas affected shall be restored in a timely manner:
(1) to conditions that are capable of
supporting the uses which they were capable of supporting before any mining;
or
(2) to higher or better uses
achievable under criteria and procedures of 19.8.2075 NMAC.
B. Determining premining use of land. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed.
(1) The postmining land use for land that has
been previously mined and not reclaimed shall be judged on the basis of a use
which the land was capable of supporting prior to all previous mining, that is
compatible with the surrounding areas.
(2) The postmining land use for land that has
received improper management shall be judged on the basis of the premining use
of surrounding lands that have received proper management.
(3) If the premining use of the land was
changed within 5 years of the beginning of mining, the comparison of postmining
use to premining use shall include a comparison with the historic use of the
land as well as its use immediately preceding mining.
C. Prior to the release of lands from the permit area in accordance with 19.8.14.1413 NMAC, the permit area shall be restored in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the director after consultation with the landowner or the land management agency having jurisdiction over the land if the following criteria are met:
(1) The proposed postmining land use
is compatible with adjacent land use and, where applicable, with existing
local, state, or federal land use policies and plans. A written statement of
the views of the authorities with statutory responsibilities for land use
policies and plans shall be submitted to the director no less than 60 days
prior to the proposed land use change. Any required approval including any
necessary zoning or other changes required for land use by local, state or
federal land management agencies is obtained and remains valid throughout the
surface coal mining operations.
(2)
Specific plans are prepared and submitted to the director which show the
feasibility of the postmining land use as related to projected land use trends
and markets and that include a schedule showing how the proposed use will be
developed and achieved within a reasonable time after mining and will be
sustained. The director may require appropriate demonstrations to show that the
planned procedures are feasible, reasonable, and integrated with mining and
reclamation, and that the plans will result in successful
reclamation.
(3) Provisions of any
necessary public facilities shall be ensured as evidenced by letters of
commitment from parties other than the person who conducts surface coal mining
operations, as appropriate, to provide the public facilities in a manner
compatible with the plans submitted under 19.8.9.908 NMAC. The letters shall be
submitted to the director no less than 60 days prior to the proposed land use
change.
(4) Specific and feasible
plans are submitted to the director which show that financing, attainment and
maintenance of the postmining land use are feasible.
(5) Plans for the postmining land use are
designed under the general supervision of a registered professional engineer or
other appropriate professional who will ensure that the plans conform to
applicable accepted standards for adequate land stability, drainage, vegetative
cover, and aesthetic design appropriate for the postmining use of the
site.
(6) The proposed use will
neither present actual or probable hazard to public health or safety nor will
it pose any actual or probable threat of water flow diminution or
pollution.
(7) The use will not
involve unreasonable delays in reclamation.
(8) Necessary approval of measures to prevent
or mitigate adverse effects on fish, wildlife and related environmental values
and threatened or endangered plants is obtained from the director, and
appropriate state and federal fish and wildlife management agencies have been
provided a 60-day period in which to review the plan.
(9) Proposals to change premining land uses
of range, fish and wildlife habitat, forest land, hayland, or pasture to a
postmining cropland use, where the cropland would require continuous
maintenance such as seeding, plowing, cultivation, fertilization, or other
similar practices to be practicable or to comply with applicable federal, state
and local laws are reviewed by the director to ensure that:
(a) there is sufficient water available and
committed to maintain crop production; and
(b) topdressing quality and depth are
sufficient to support the proposed use.
D. [Reserved]
E. [Reserved]
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