Current through Register Vol. 35, No. 18, September 24, 2024
A. An application for an underground coal
mine shall include the following information:
(1) a topographic map of the permit and
adjacent areas at a scale of 1:12,000 or larger, as required by the director,
showing the location and type of structures and renewable resource lands that
subsidence may materially damage or for which the value or reasonably
foreseeable use may be diminished by subsidence, and showing the location and
type of drinking, domestic, and residential water supplies that could be
contaminated, diminished, or interrupted by subsidence;
(2) a narrative indicating whether
subsidence, if it occurred, could cause material damage to or diminish the
value or reasonably foreseeable use of such structures or renewable resource
lands or could contaminate, diminish, or interrupt drinking, domestic, or
residential water supplies;
(3) a
survey of the condition of all non-commercial buildings or occupied residential
dwellings and associated structures, including a photograph of the exterior of
each prior to mining and the name and address of the owner or owners, that may
be materially damaged or for which the reasonably foreseeable use may be
diminished by subsidence, within the area encompassed by the applicable angle
of draw;
(4) a survey of the
quantity and quality of all drinking, domestic, and residential water supplies
within the permit area and adjacent area that could be contaminated,
diminished, or interrupted by subsidence;
(5) if the applicant cannot complete the
surveys required in Paragraphs (3) and (4) of Subsection A of 19.8.9.918 NMAC
because the owner or owners will not allow access, the applicant will notify
the owner, in writing, of the effect that denial of access will have as
described in Subsection C of 19.8.20.2069 NMAC; and
(6) the applicant must pay for any technical
assessment or engineering evaluation used to determine the pre-mining condition
or value of such non-commercial buildings or occupied residential dwellings and
structures related thereto and the quantity and quality of drinking, domestic,
or residential water supplies; the applicant must provide copies of the survey
and any technical assessment or engineering evaluation to the property owner or
owners and regulatory authority.
B. If the survey conducted under Subsection A
of 19.8.9.918 NMAC shows that no structures, or drinking, domestic, or
residential water supplies, or renewable resource lands exist, or that no
material damage or diminution in value or reasonably foreseeable use of such
structures or lands, and no contamination, diminution, or interruption of such
water supplies would occur as a result of mine subsidence, and if the
regulatory authority agrees with this conclusion, no further information need
be provided under this section.
C.
If the survey shows that structures, renewable resource lands, or water
supplies exist and that subsidence could cause material damage or diminution in
value or reasonably foreseeable use, or contamination, diminution, or
interruption of protected water supplies, or if the regulatory authority
determines that damage, diminution in value or foreseeable use, or
contamination, diminution, or interruption could occur, the application must
include a subsidence control plan that contains the following information:
(1) a description of the method of coal
removal, such as longwall mining, room-and-pillar removal or hydraulic mining,
including the size, sequence and timing of the development of underground
workings;
(2) a map of the
underground workings that describes the location and extent of the areas in
which planned-subsidence mining methods will be used and that identifies all
areas where the measures described in Paragraphs (4), (5) and (7) of Subsection
C of 19.8.9.918 NMAC will be taken to prevent or minimize subsidence and
subsidence-related damage; and, when applicable, to correct subsidence-related
material damage;
(3) a description
of the physical conditions, such as depth of cover, seam thickness and
lithology of overlaying strata, that affect the likelihood or extent of
subsidence and subsidence-related damage;
(4) a description of the monitoring, if any,
needed to determine the commencement and degree of subsidence so that, when
appropriate, other measures can be taken to prevent, reduce or correct material
damage in accordance with 19.8.20.2069 NMAC;
(5) except for those areas where planned
subsidence is projected to be used, a detailed description of the subsidence
control measures that will be taken to prevent or minimize subsidence and
subsidence-related damage, such as, but not limited to:
(a) backstowing or backfilling of
voids;
(b) leaving support pillars
of coal;
(c) leaving areas in which
no coal is removed, including a description of the overlying area to be
protected by leaving coal in place; and
(d) taking measures on the surface to prevent
or minimize material damage or diminution in value of the surface;
(6) a description of the
anticipated effects of planned subsidence, if any;
(7) for those areas where planned subsidence
is projected to be used, a description of methods to be employed to minimize
damage from planned subsidence to non-commercial buildings and occupied
residential dwellings and structures related thereto; or the written consent of
the owner or owners of the structure or facility that minimization measures not
be taken; or, unless the anticipated damage would constitute a threat to health
or safety, a demonstration that the costs of minimizing damage exceed the
anticipated costs of repair;
(8) a
description of the measures to be taken in accordance with 19.8.20.2069 NMAC to
replace adversely affected protected water supplies or to mitigate or remedy
any subsidence-related material damage to the land and protected structures;
and
(9) other information specified
by the director as necessary to demonstrate that the operation will be
conducted in accordance with 19.8.20.2067, 2068, 2069 and 2070
NMAC.
D. The operator
shall submit a detailed plan of the underground workings. The detailed plan
shall include maps and descriptions, as appropriate, of significant features of
the underground mine, including the size, configuration, and approximate
location of pillars and entries, extraction ratios, measures taken to prevent
or minimize subsidence and related damage, areas of full extraction, and other
information required by the regulatory authority. The detailed plan shall be
provided and updated consistent with a schedule approved by the director. Upon
request of the operator, information submitted with the detailed plan may be
held as confidential, in accordance with the requirements of 19.8.11.1104
NMAC.
