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 19.8.36.43 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: TOPSOIL HANDLING AND REVEGETATION (717.20)
Current through Register Vol. 35, No. 6, March 26, 2024
A. Topsoil shall be removed as a separate operation from areas to be disturbed by surface operations such as roads and areas upon which support facilities are to be sited. Selected overburden materials may be used instead of, or as a substitute for topsoil where the resulting soil medium is determined by the regulatory authority to be equal to or more suitable for revegetation. Topsoil shall be segregated, stockpiled, and protected from wind and water erosion or contaminants. Disturbed areas no longer required for the conduct of mining operations shall be regraded, topsoil distributed and revegetated.
B. The permittee shall establish on all land that has been disturbed by mining operations a diverse, effective and permanent vegetative cover capable of self-regeneration and plant succession, and adequate to control soil erosion. Introduced species may be substituted for native species if approved by the regulatory authority. Introduced species shall meet applicable State and Federal seed or introduced species statutes, and may not include poisonous or potentially toxic species.
