New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1]
Section 19.8.36.34 - SPECIAL PERFORMANCE STANDARDS: STEEP-SLOPE MINING (716.2)
Current through Register Vol. 35, No. 18, September 24, 2024
The permittee conducting surface coal mining and reclamation operations on natural slopes that exceed 20 degrees, or on lesser slopes that require measures to protect the area from disturbance, as determined by the regulatory authority after consideration of soils, climate, the method of operation, geology and other regional characteristics, shall meet the following performance standards. The standards of this section do not apply where mining is done on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or pre-dominantly flat area; or where the mining is governed by Section 716.3.
A. Spoil, waste materials or debris, including that from clearing and grubbing, and abandoned or disabled equipment, shall not be placed or allowed to remain on the downslope.
B. The highwall shall be completely covered with spoil and the disturbed area graded to comply with the provisions of Section 715.14 of this chapter. Land above the highwall shall not be disturbed unless the regulatory authority finds that the disturbance will facilitate compliance with the requirements of this Section.
C. Material in excess of that required to meet the provisions Section 715.14 of this chapter shall be disposed of in accordance with the requirements of Section 715.15 of this chapter.
D. Woody materials may be buried in the backfilled area only when burial does not cause, or add to, instability of the backfill. Woody materials may be chipped and distributed through the backfill when approved by the regulatory authority.
