Current through Register Vol. 35, No. 18, September 24, 2024
A. Each plan shall contain a detailed
description, with appropriate maps and cross section drawings, of the measures
to be taken during and after the proposed surface coal mining operations, in
accordance with 19.8.20 NMAC, to ensure the protection of:
(1) the quality of surface and ground water
systems, both within the proposed permit and adjacent areas, from the adverse
effects of the proposed surface coal mining operations;
(2) the rights of present users of surface
and ground water;
(3) the quantity
of surface and ground water both within the proposed permit area and adjacent
area from adverse effects of the proposed surface coal mining operations, or to
provide alternative sources of water in accordance with 19.8.8.806 and
19.8.20.2022 NMAC, where the protection of quantity cannot be ensured;
and
(4) water quality by locating
openings for underground mines in accordance with 19.8.20.2026 NMAC.
B. The description shall include:
(1) a plan for the control, in accordance
with 19.8.20 NMAC, of surface and ground water drainage into, through and out
of the proposed permit area;
(2) a
plan for the treatment, where required under 19.8.19 through 19.8.28 NMAC and
19.8 NMAC, of surface and ground water drainage from the area to be disturbed
by the proposed operations, and proposed quantitative limits on pollutants in
discharges subject to 19.8.20.2010 NMAC according to the more stringent of the
following:
(a) 19.8.19 through 19.8.28 NMAC
and 19.8 NMAC;
(b) other applicable
state and federal laws;
(3) for surface mining activities, a plan for
the restoration of the approximate recharge capacity of the permit and adjacent
areas in accordance with 19.8.20.2019 NMAC; and
(4) a plan for the collection, recording, and
reporting of ground and surface water quality and quantity data, according to
19.8.20.2020 NMAC and based on the determination required under Subsection C of
19.8.9.907 NMAC and the analysis of all baseline hydrologic, geologic and other
information in the permit application; the plan shall provide for the
monitoring of parameters that relate to the suitability of surface and ground
water for current and approved postmining land uses and to the objectives for
protection of the hydrologic balance set forth in Subsection A of 19.8.9.907
NMAC; it shall identify the quantity and quality parameters to be monitored,
sampling frequency, and site locations; it shall describe how the data may be
used to determine the impacts of the operation upon the hydrologic balance;
(a) ground-water monitoring plan; at a
minimum, total dissolved solids or specific conductance corrected to 25 degrees
C, pH, total iron, total manganese, and water levels shall be monitored and
data submitted to the director every 3 months for each monitoring location; the
director may require additional monitoring when necessary;
(b) surface water monitoring plan; at all
monitoring locations in the surface-water bodies such as streams, lakes, and
impoundments, that are potentially impacted or into which water will be
discharged and at upstream monitoring locations the total dissolved solids or
specific conductance corrected to 25 degrees C, total suspended solids, pH,
total iron, total manganese, and flow shall be monitored; the monitoring
reports shall be submitted to the director every 3 months; the director may
require additional monitoring when necessary.
C. The description shall include a
determination of the probable hydrologic consequences of the proposed surface
coal mining operations on the cumulative impact area and shall address all
proposed mining activities associated with the permit area for which a permit
is sought, not just those expected to occur during the term of the permit. This
determination shall include findings on:
(1)
whether adverse impacts may occur to the hydrologic balance;
(2) whether acid-forming or toxic-forming
materials are present that could result in the contamination of surface or
ground-water supplies;
(3) whether
the proposed operation may proximately result in contamination, diminution or
interruption of an underground or surface source of water within the proposed
permit or adjacent areas which is used for domestic, agricultural, industrial,
or other legitimate purpose, and;
(4) what impact the proposed operation will
have on:
(a) sediment yield from the
disturbed area;
(b) acidity, total
suspended and dissolved solids, and other important water quality parameters of
local impact;
(c) flooding or
streamflow alteration;
(d)
ground-water and surface-water availability; and
(e) other characteristics as required by the
director;
(5) a plan
that specifically addresses any potential adverse hydrologic consequences
identified under Subsection C of 19.8.9.907 NMAC and shall include preventive
and remedial measures to be taken during mining and reclamation operations
through bond release to minimize disturbance to the hydrologic balance within
the cumulative impact area.
D. All water-quality analyses performed to
meet the requirements of this section shall be conducted according to the
methodology in the 15th edition of "standard methods for the examination of
water and wastewater," which is incorporated by reference, or the methodology
in 40 CFR Parts 136 and 434. Water quality sampling performed to meet the
requirements of this section shall be conducted according to either methodology
listed above when feasible.
E. Each
plan for underground mining shall contain a detailed description, with
appropriate drawings, of permanent entry seals and down-slope barriers designed
to ensure stability under anticipated hydraulic heads developed while promoting
mine inundation after mine closure for the proposed permit areas.
