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 19.8.8.811 - LAND-USE INFORMATION
Universal Citation: 19 NM Admin Code 19.8.8.811
Current through Register Vol. 35, No. 6, March 26, 2024
A. The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area for surface mining activities or for underground mining activities the area which will be affected within the permit area by surface operations and facilities, including:
(1) a map and supporting narrative of the
uses of the land existing at the time of the filing of the application. If the
premining use of the land was changed within 5 years before the anticipated
date of beginning the proposed operations, the historic use of the land shall
also be described.
(2) a narrative
of land capability and productivity, which analyzes the land-use description
under Subsection A of 19.8.8.811 NMAC in conjunction with other environmental
resources information required under this part. The narrative shall provide
analyses of:
(a) the capability of the land
before any mining to support a variety of uses, giving consideration to soil
and foundation characteristics, topography, vegetative cover and the hydrology;
and
(b) the productivity of the
proposed permit area for surface mining activities or for underground mining
activities, the area proposed to be affected within the permit area by surface
operations and facilities before mining, expressed as average yield of food,
fiber, forage, or wood products from such lands obtained under proper levels of
management. The productivity shall be determined by yield data or estimates for
similar sites based on current data from the U.S. department of agriculture,
state agricultural universities or appropriate state natural resource or
agricultural agencies.
B. The application shall state whether the proposed mine plan area has been previously mined, if so, the following, if available:
(1) the type of mining method
used;
(2) the coal seams or other
mineral strata mined;
(3) the
extent of coal or other minerals removed;
(4) the approximate dates of past mining;
and
(5) the uses of the land
preceding mining.
C. The application shall contain a description of the existing land uses and land use classification under local law, if any, of the proposed permit and adjacent areas.
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