New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES
Section 19.8.8.803 - GEOLOGY DESCRIPTION

Universal Citation: 19 NM Admin Code 19.8.8.803

Current through Register Vol. 35, No. 18, September 24, 2024

A. The description shall include a general statement of the geology within the proposed permit area accompanied by appropriate maps and cross-sections down to and including the first aquifer to be affected below the lowest coal seam to be mined.

B. Sampling requirements.

(1) Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined to provide the following data in the description:
(a) location of subsurface water, if encountered;

(b) logs of drill holes showing the lithologic characteristics and thickness of each stratum and each coal seam;

(c) physical properties of each stratum within the overburden including compaction, erodibility, and if this material is to be used as topdressing, potential soil texture;

(d) for surface mining activities, chemical analyses of a composite sample of each stratum within the overburden and the stratum immediately below the lowest coal seam to be mined and for underground mining activities, chemical analyses of the stratum immediately above and below the coal seams to be mined to identify at a minimum, those horizons which contain potential acid-forming, toxic-forming, or alkalinity producing materials and a composite sample from each stratum shall be analyzed for the following parameters:

Aluminum (Al)

Cyanide (CN)

Arsenic (As)

Fluoride

Silver (Ag)

Barium (Ba)

Iron (Fe)

Sulfate (SO4)

Boron (B)

Lead (Pb)

Uranium (U)

Cadmium (Cd)

Manganese (Mn)

Vanadium (V)

Chromium(Cr)

Mercury (Hg)

Zinc (Zn)

Cobalt (Co)

Molybdenum (Mo)

Radioactivity

Copper (Cu)

Nickel (Ni)

Radium Ra226

Selenium (Se)

Radium Ra228

(e) If this material is to be considered for use as topdressing, analyses for the parameters necessary for plant growth shall be performed, in addition to those listed above, and shall include at a minimum the following:

Calcium (Ca)

Sodium (Na)

Chloride

Carbonate (CO3)

Magnesium (Mg)

Bicarbonate (HCO3)

Phosphorous (P)

Nitrate (NO3)

Potassium (K)

Sodium Adsorption Ratio (Adjusted) (SAR)

pH

(f) A demonstration of the suitability of topsoil substitutes or supplements in Subsection E of 19.8.20.2005 NMAC shall be based upon analysis of the thickness of soil horizons and/or geologic strata, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. Analyses of additional parameters or additional data may be required by the director.

(g) If the applicant can demonstrate that the analyses of any particular parameter is of little or no significance in the proposed permit area, then such parameter(s) may be waived upon approval of the director;

(h) analysis of the coal seam, including, but not limited to an analysis of the sulfur, pyrite, and marcasite content.

(i) The applicant shall submit a proposed sampling plan to the director for approval.

(2) If required by the director, test borings or core samplings shall be collected and analyzed to greater depths within the proposed permit area, or for areas outside the proposed permit area to provide for evaluation of the impact of the proposed operations on the hydrologic balance.

(3) An applicant may request that the requirements for a statement of the results of the test borings or core samplings be waived by the director. The waiver may be granted only if the director makes a written determination that the statement is unnecessary because other equivalent information is accessible to him in a satisfactory form.

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