Current through Register Vol. 35, No. 18, September 24, 2024
The permittee shall plan and conduct underground coal mining
and reclamation operations to minimize disturbance of the prevailing hydrologic
balance in order to prevent long-term adverse changes in the hydrologic balance
that could result from underground coal mining operations, both on and off
site. Changes in water quality and quantity, in the depth to ground water, and
in the location of surface water drainage channels shall be minimized and
applicable Federal and State statutes and regulations shall not be violated.
The permittee shall conduct operations so as to minimize water pollution and
shall, where necessary, use treatment methods to control water pollution. The
permittee shall emphasize underground coal mining and reclamation practices
that will prevent or minimize water pollution and changes in flows in
preference to the use of water treatment facilities prior to discharge to
surface waters. Practices to control and minimize pollution include, but are
not limited to, diverting water from underground workings or preventing water
contact with acid or toxic-forming materials, and minimizing water contact time
with waste materials, maintaining mine barriers to enhance postmining
inundation and sealing, establishing disturbed areas through grading, diverting
runoff, achieving quick growing stands of temporary vegetation, and lining
drainage channels. If treatment is required to eliminate pollution of surface
or ground waters, the permittee shall operate and maintain the necessary water
treatment facilities as set forth in this section.4
(4The standards in Section 717.17(a) will be enjoined to the
extent that they supersede, amend, repeal or modify the provisions of the
Federal Water Pollution Control Act and its regulations.
A. Water quality standards and effluent
limitations. All surface drainage from the disturbed areas, including disturbed
areas that have been graded, seeded or planted and which remain subject to the
requirements of this section, except for drainage from disturbed areas that
have met the requirements of Section 717.20 shall be passed through a
sedimentation pond or a series of sedimentation ponds prior to leaving the
permit area. All waters which flow or are removed from underground operations
or underground waters which are removed from other areas to facilitate mining
and which discharge to surface waters must be passed through appropriate
treatment facilities prior to discharge where necessary to meet effluent
limitations. For purposes of this section only, disturbed areas shall include
areas of surface operations but shall not include those areas in which only
diversion ditches, sedimentation ponds or roads are installed in accordance
with this section and the upstream area is not otherwise disturbed by the
permitee. Disturbed areas shall not include those surface areas overlying the
underground working unless those areas are also disturbed by surface operations
such as fill (disposal) areas, support facilities areas or other major
activities which create a risk of pollution. The regulatory authority may grant
exemptions from this requirement only when the disturbed drainage area within
the total disturbed area is small and if the permittee shows that sedimentation
ponds are not necessary to meet effluent limitations of this paragraph and to
maintain water quality in downstream receiving waters. Sedimentation ponds
required by this paragraph shall be constructed in accordance with Paragraph
(e) [now Subsection E of 19.8.36.41 NMAC] of this Section in appropriate
locations prior to any mining in the affected drainage area in order to control
sedimentation or otherwise treat water in accordance with this paragraph.
Discharges from areas disturbed by underground operation and by surface
operation and reclamation activities conducted thereon, must meet all
applicable federal and state regulations and, at a minimum, the following
numerical effluent limitations:
EFFLUENT LIMITATIONS IN MILLIGRAMS PER LITER
mg/l, Except For pH
_________________________________________________________________________________________
Average of daily values for 30
Effluent characteristics Maximum
Allowable1 consecutive discharge
days1
_________________________________________________________________________________________
Iron, total _ _ _ _ _ _ _ 7.0 3.5
Manganese, total _ _ _ 4.0 2.0
Total suspended solids pH2 70.0
35.0
Within the range 6.0 to 9.0 _ _ _ _ _ _ _ _ _ _ _ _
_________________________________________________________________________________________
1 Based on representative
sampling.
2 Where the application of
neutralization and sedimentation treatment technology results in inability to
comply with the manganese limitations set forth, the regulatory authority may
allow the pH level in the discharge to exceed to a small extent the upper limit
of 9.0 in order that the manganese limitations will be achieved.
(1) Any overflow or other discharge of
surface water from the disturbed area within the permit area demonstrated by
the permittee to result from a precipitation event larger than the 10-year
24-hour frequency event will not be subject to the effluent limitations of
paragraph (a) [Subsection A of 19.8.36.41 NMAC].
(2) The permittee shall install, operate, and
maintain adequate facilities to treat any water discharged from the disturbed
area that violates applicable federal or state regulations or the limitations
of Paragraph (a) [now Subsection A of 19.8.36.41 NMAC]. If the pH of waters to
be discharged from the disturbed area is normally less than 6.0, an automatic
lime feeder or other neutralization process approved by the regulatory
authority shall be installed, operated and maintained. If the regulatory
authority finds that small and infrequent treatment requirements to meet
applicable standards do not necessitate use of an automatic neutralization
process, and the mine normally produces less than 500 tons of coal per day, the
regulatory authority can approve the use of a manual system if the permittee
agrees to ensure that consistent and timely treatment is carried out.
B. Surface water monitoring.
(1) The permittee shall submit for approval
by the regulatory authority a surface water monitoring program which meets the
following requirements:
(a) Provides adequate
monitoring of all discharge from the disturbed area and from the underground
operations.
(b) Provides adequate
data to describe the likely daily and seasonal variation in discharges from the
disturbed area in terms of flow, pH, total iron, total manganese and total
suspended solids and as requested by the regulatory authority, any other
parameter characteristic of the discharge.
(c) Provides monitoring at appropriate
frequencies to measure normal and abnormal variations in
concentrations.
(d) Provides an
analytical quality control system including standard methods of analysis such
as those specified in 40 CFR 136.
(e) Provides regular reports of all
measurements to the regulatory authority within 60 days of sample collection
unless violations of permit conditions occur in which case the regulatory
authority shall be notified immediately after receipt of analytical results by
the permittee. If the discharge is subject to regulation by a federal or state
permit issued in compliance with section 301 of the Federal Water Pollution
Control Act Amendment of 1972 (
33 U.S.C. Section
1311) , a copy of the completed reporting
form supplied to meet the permit requirements may be submitted to the
regulatory authority to satisfy the reporting requirements if the data meet the
frequency and other requirements of this paragraph.
(2) Equipment, structures or other measures
necessary to accurately measure and sample the quality and quantity of surface
water discharges from the disturbed area of the permit area shall be properly
installed, maintained and operated and shall be removed when no longer
required.
C. Diversion
and conveyance of overland flow away from disturbed areas. In order to minimize
erosion and to prevent or remove water from contacting toxic-producing
deposits, overland flow from undisturbed areas may, as required or approved by
the regulatory authority, be diverted away from disturbed areas by means of
temporary or permanent diversion structures. The following requirements shall
be met for such diversions:
(1) Temporary
diversion structures shall be constructed to safely pass the peak runoff from a
precipitation event with a one year recurrence interval, or a larger event as
specified by the regulatory authority. The design criteria must assure adequate
protection of the environment and public during the existence of the temporary
diversion structure.
(2) Permanent
diversion structures are those remaining after mining and reclamation and
approved for retention by the regulatory authority and other appropriate state
and federal agencies. To protect fills and property, to prevent water from
contacting toxic-producing deposits, and to avoid danger to public health and
safety, permanent diversion structures shall be constructed to safely pass the
peak runoff from a precipitation event with a 100-year recurrence interval or a
larger event as specified by the regulatory authority. Permanent diversion
structures shall be constructed with gently sloping banks that are stabilized
by vegetation. Asphalt, concrete or other similar linings shall not be used
unless specifically required to prevent seepage or to provide stability and
they are approved by the regulatory authority.
(3) Diversions shall be designed, constructed
and maintained in a manner so as to prevent additional contributions of
suspended solids to streamflow, or to runoff outside the permit area to the
extent possible, using the best technology currently available. In no event
shall such contributions be in excess of requirements set by applicable State
or Federal law. Appropriate sediment control measures for these diversions
shall include, but not be limited to, maintenance of appropriate gradients,
channel lining, vegetation and roughness structures and detention
basins.
D. Stream
channel diversions. In the event that the regulatory authority permits
diversion of streams, the regulations of Section 715.17(d) shall
apply.
E. Sediment control
measures5. Appropriate sediment control measures
shall be designed, constructed, and maintained to prevent additional
contributions of sediment to streamfIow or to runoff outside the permit area to
the extent possible, using the best technology currently available.
5The standards in Section 717.17(e) will
be preliminarily enjoined.
(1) Sediment
control measures include practices carried out within and adjacent to the
disturbed area. The scale of downstream practices shall reflect the degree to
which successful techniques are applied at the sources of the sediment.
Sediment control measures consist of the utilization of proper mining,
reclamation methods and sediment control practices (singly or in combination)
including but not limited to:
(a) Disturbing
the smallest practicable area at any one time during the mining operation
through progressive backfilling, grading and timely revegetation;
(b) Consistent with the requirements of
Sections 715.14 and 715.15 of this chapter shaping the backfill material to
promote a reduction of the rate and volume of runoff;
(c) Retention of sediment within the pit and
disturbed area;
(d) Diversion of
overland and channelized flow from undisturbed areas around or in protected
crossings through the disturbed area;
(e) Utilization of straw dikes, riprap, check
dams, mulches, vegetative sediment filters, dugout ponds and other measures
that reduce overland flow velocity, reduce runoff volume or entrap
sediment;
(f) Sedimentation
ponds.
(2) Sedimentation
ponds may be used individually or in series, should be located as near as
possible to the disturbed area and where possible out of major stream courses,
and shall (either individually or in a series) meet the following criteria:
(a) Sedimentation ponds must provide 24 hour
theoretical detention time for the inflow or runoff entering the pond(s) from a
10 year, 24-hour precipitation event. Runoff diverted, in accordance with
Paragraphs (c) and (d) [now Subsections C and D of 19.8.36.41 NMAC] of this
Section, away from the disturbed drainage areas need not be considered in
sedimentation pond design. In determining the runoff volume the characteristics
of the mine site, reclamation procedures and on-site sediment control practices
shall he considered.
(b) Upon
approval of the regulatory authority theoretical detention time may be reduced
to not less than 10 hours, as demonstrated by the permittee, equal to the
improvement in sedimentation removal efficiency as a result of pond design
including but not limited to pond configuration, inflow outflow facilities and
their relative location, baffles to decrease inflow velocity and short
circuiting, a surface area sufficient to achieve the sediment trap efficiency
necessary to meet effluent limitations (Sec. 715.17 (a)) and sediment control
measures provided in Section 715.17(e)(1).
(c) The regulatory authority may approve a
detention time less than the time required by Paragraph (e) (2) (i) or (ii)
[now Subparagraphs an or b of Paragraph 2 of Subsection E of 19.8.36.41 NMAC]
of this Section, when the pemittee has demonstrated that the size distribution
or the specific gravity of the suspended matter or the utilization of chemical
treatment or flocculation are such that the effluent limitations can be met.
The detention time shall be stipulated.
(3) An additional sediment storage volume
must be provided equal to 0.2 acre-feet for each acre of disturbed area within
the upstream drainage area. Upon approval of the regulatory authority, the
sediment storage volume may be reduced in an amount as demonstrated by the
permittee equal to the sediment removed by other appropriate sediment control
measures such as those identified in Paragraph (e)(1) [now Paragraph 1 of
Subsection E of 19.8.36.41 NMAC] of this Section, or by lesser sediment yields
as evidenced by empirical data for runoff characteristics.
(4) Ponds may be of the permanent pool or
self-dewatering type. Dewatering-type ponds shall use siphon or other
dewatering methods approved by the regulatory authority to prevent discharges
of pollutants within the design flow.
(5) Spillway systems shall be properly
located to maximize the distances from the point of inflow into the pond to
maximize detention times. Spillway systems shall be provided to safely
discharge the peak runoff from a precipitation event with a 25-year recurrence
interval, or larger event as specified by the regulatory authority.
(6) Sediment shall be removed from
sedimentation ponds so as to assure maximum sediment removal efficiency and
attainment and maintenance of effluent limitations. Sediment shall be disposed
of in a manner that minimizes adverse effects on surface waters due to its
chemical and physical characteristics, on infiltration, vegetation or surface
or ground water quality.
(7) If a
sedimentation pond includes an embankment that is more than 20 feet in height,
as measured from the downstream toe of the embankment to the top of the
embankment or has a storage volume of 20 acre-feet or more, the following
additional requirements shall be met:
(a) An
appropriate combination of principal and emergency spillways shall be provided
to safely discharge the runoff resulting from a 100-year-6-hour precipitation
event, or larger event as specified by the regulatory authority.
(b) Ponds shall be designed and constructed
with an acceptable static safety factor of at least 1.5 for the normal pool
level to ensure embankment slope stability.
(c) The minimum top width of the embankment
shall not be less than the quotient of H+35/5 where H is the height of the
embankment as measured from the downstream toe to the top of the
embankment.
(d) Ponds shall have
appropriate barriers to control seepage along conduits that extend through the
embankment.
(8) All
ponds shall be designed and inspected under the supervision of, and certified
after construction by a professional engineer registered in the state of New
Mexico.
(9) All ponds, including
those not meeting the size or other criteria of Section 77.216(a) of this
title, shall be examined for structual weakness, erosion and other hazardous
conditions in accordance with the inspection requirements contained in Section
77.216-3 of this title.
(10) All
ponds shall be removed and the land affected regraded and revegetated
consistent with the requirements of Sections 717.14 and 717.20.
F. Discharge structures.
Discharges from sedimentation ponds and diversion structures shall be
controlled, where necessary, using energy dissipators, surge ponds and other
devices to reduce erosion and prevent deepening or enlargment of stream
channels and to minimize disturbances to the hydrologic balance.
G. Acid and toxic materials. Drainage to
ground and surface waters which emanates from acid-forming or toxic-forming
mine waste materials and spoils placed on the land surface shall be avoided by:
(1) Identifying, burying and treating where
necessary, spoil or other materials that, in the judgment of the regulatory
authority, will be toxic to vegetation or that will adversely affect water
quality if not treated or buried. Such material shall be disposed in accordance
with the provision of Section 717.14(e);
(2) Preventing or removing water from contact
with toxic-producing deposits;
(3)
Burying or otherwise treating all toxic or harmful materials within 30 days if
such materials are subject to wind and water erosion or within a lesser period
designated by the regulatory authority. If storage of such materials is
approved, the materials shall be placed on impermeable material and protected
from erosion and contact with surface water. Coal waste ponds and other coal
waste materials shall be maintained according to Sections 717.17(g)(4) and
717.18 shall apply;
(4) Burying or
otherwise treating waste materials from coal preparation plants no later than
90 days after the cessation of the filling of the disposal area. Burial or
treatment shall be in accordance with Section 717.14(e) of this Part;
(5) Casing, sealings or otherwise managing
boreholes, shafts, wells and auger holes or other more or less horizontal holes
to prevent pollution of surface or ground water and to prevent mixing of ground
waters or significantly different quality. All boreholes that are within the
permit area but are outside the surface coal mining area or which extend
beneath the coal to be mined and into water-bearing strata shall be plugged
permanently in a manner approved by the regulatory authority, unless boreholes
have been approved for use in monitoring.
H. Ground water systems.
(1) Underground operations shall be conducted
to minimize adverse effects on ground water flow and quality, and to minimize
off-site effects. The permittee will be responsible for performing monitoring
according to Subparagraph (2) [now Paragraph 2 of Subsection H of 19.8.36.41
NMAC] of this paragraph to ensure operations conform to this
requirement.
(2) Ground water
levels subsurface flow and storage characteristics, and the quality of ground
water shall be monitored in a manner approved by the regulatory authority to
determine the effects of underground coal mining operations on the quantity and
quality of water in ground water systems at the mine area and in associated
offsite areas. When operations are conducted in such a manner that may affect
the ground water system, ground water levels and ground water quality shall be
periodically monitored using wells which can adequately reflect changes in
ground water quantity and quality resulting from such operations. Sufficient
water wells must be used by the permittee. The regulatory authority may require
drilling and development of additional wells if needed to adequately monitor
the ground water system. As specified and approved by the regulatory authority,
additional hydrologic tests, such as aquifer tests, must be undertaken by the
permittee to demonstrate compliance with Subparagraph (1) [now Paragraph 1 of
Subsection H of 19.8.36.41 NMAC] of this Paragraph.
I. Water rights and replacement. The
permittee shall replace the water supply of an owner of interest in real
property who obtains all or part of his supply of water for domestic,
agricultural, industrial or other legitimate use from an underground or surface
source where such supply has been affected by contamination, diminution, or
interruption proximately resulting from surface coal mine operation by the
permittee.
J. Hydrologic impact of
roads.
(1) General. Access and haul roads and
associated bridges, culverts, ditches and road rights-of-way shall be
constructed, maintained and reclaimed so as to the extent possible, using the
best technology currently available, prevent additional contributions of
suspended solids to streamflow, or to runoff outside the permit area to the
extent possible, using the best technology currently available. In no event
shall the contributions be in excess of requirements set by applicable state or
federal law. All haul and access roads shall be removed and the land affected
shall be regraded and revegetated consistent with the requirements of Sections
717.14 and 717.20, unless retention of a road is approved and assured of
necessary maintenance to adequately control erosion.
(2) Construction.
(a) All roads, insofar as possible, shall be
located on ridges or on flatter and more stable slopes to minimize erosion.
Stream fords are prohibited unless they are specifically approved by the
regulatory authority as temporary routes across dry streams that will not
adversely affect sedimintation and that will not be used for coal haulage.
Other stream crossings shall be made using bridges, culverts or other
structures designed and constructed to meet the requirements of this Paragraph.
Roads shall not be located in active stream channels nor shall they be
constructed or maintained in a manner that increases erosion or causes
significant sedimentation or flooding. However, nothing in this paragraph will
be construed to prohibit relocation of stream channels in accordance with
Paragraph (d) [now Subsection D of 19.8.36.41 NMAC] of this Section.
(b) In order to minimize erosion and
subsequent disturbances of the hydrologic balance, roads shall be constructed
in compliance with the following grade restrictions or other grades determined
by the regulatory authority to be necessary to control erosion:
(i) The overall sustained grade shall not
exceed lv:10h (10 percent).
(ii)
The maximum grade greater than 10 percent shall not exceed lv:6.5h (15 percent)
for more than 300 feet.
(iii) There
shall not be more than 300 feet of grade exceeding 10 percent within each 1,000
feet.
(c) All access and
haul roads shall be adequately drained using structures such as, but not
limited to, ditches, water barriers, cross drains and ditch relief drains. For
access and haul roads that are to be maintained for more than 1 year,
water-control structures shall be designed with a discharge capacity capable of
passing the peak runoff from a 10-year, 24-hour precipitation event. Drainage
pipes and culverts shall be constructed to avoid plugging or collapse and
erosion at inlets and outlets. Drainage ditches shall be provided at the toe of
all cut slopes formed by construction of roads. Trash racks and debris basins
shall be installed in the drainage ditches wherever debris from the drainage
area could impair the functions of drainage and sediment control structures.
Ditch relief and cross drains shall be spaced according to grade. Effluent
limitations of Paragraph (a) [now Subsection A of 19.8.36.41 NMAC] of this
Section shall not apply to drainage from access and haul roads located outside
the disturbed area as defined in this section unless otherwise specified by the
regulatory authority.
(d) Access
and haul roads shall be surfaced with durable material. Toxic- or acid-forming
substances shall not be used. Vegetation may be cleared only for the essential
width necessary for road and associated ditch construction and to serve traffic
roads.
(3) Maintenance.
(a) Access and haul roads shall be routinely
maintained by means such as, but not limited to, wetting, scraping or
surfacing.
(b) Ditches, culverts,
drains, trash racks, debris basins and other structures serving to drain access
and haul roads shall not be restricted or blocked in any manner that impedes
drainage or adversely affects the intended purpose of the structure.
(4) Access roads constructed for
and used only to provide infrequent service to surface facilities, such as
ventilators or monitoring devices shall be exempt from the requirements of
Subparagraph (2) [now Paragraph 2 of Subsection J of 19.8.36.41 NMAC] of this
Paragraph provided adequate stabilization to control erosion is achieved
through use of alternative measures.
K. Hydrologic impacts of other transport
facilities. Railroad loops, spurs, conveyors or other transport facilities
shall be constructed, maintained and reclaimed to prevent additional
contributions of suspended solids to streamflow, or to runoff outside the
permit area to the extent possible, using the best technology currently
available and to control other diminution or degradation of water quality and
quantity. In no event shall contributions be in excess of requirements set by
applicable state or federal law. Discharge of waters into underground mines.
Surface and ground waters shall not be discharged or diverted into underground
mine workings.
