New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 24 - SPECIAL PERFORMANCE STANDARDS - OPERATIONS ON PRIME FARMLAND
Section 19.8.24.2403 - PRIME FARMLAND: SOIL REPLACEMENT
Current through Register Vol. 35, No. 18, September 24, 2024
Surface coal mining and reclamation operations on prime farmland shall be conducted according to the following:
A. the minimum depth of soil and soil material to be reconstructed for prime farmland shall be 48 inches, or a depth equal to the depth of a subsurface horizon in the natural soil that inhibits root penetration, whichever is shallower; the director shall specify a depth greater than 48 inches, wherever necessary to restore productive capacity due to uniquely favorable soil horizons at greater depths; soil horizons shall be considered as inhibiting root penetration if their densities, chemical properties, or water supplying capacities restrict or prevent penetration by roots of plants common to the vicinity of the permit area and have little or no beneficial effect on soil productive capacity;
B. replace soil material only on land which has been first returned to final grade and scarified according to 19.8.20.2054 through 2058 NMAC, unless site-specific evidence is provided and approved by the director showing that scarification will not enhance the capability of the reconstructed soil to achieve equivalent or higher levels of yield;
C. replace the soil horizons or other suitable soil material in a manner that avoids excessive compaction;
D. replace the B horizon or other suitable material specified in Paragraphs (2) and (3) of Subsection A of 19.8.24.2401 NMAC to the thickness needed to meet the requirements of Subsection A of 19.8.24.2401 NMAC;
E. replace the A horizon or other suitable soil materials specified in Paragraph (1) of Subsection A of 19.8.24.2401 NMAC as the final surface soil layer; this surface soil layer shall equal or exceed the thickness of the original soil, as determined in 19.8.10.1004 NMAC, and be replaced in a manner that protects the surface layer from wind and water erosion before it is seeded or planted;
F. apply nutrients and soil amendments as needed to quickly establish vegetative growth.
