N.M. Admin. Code § 19.8.1.7 - DEFINITIONS
A. Definitions
beginning with the letter "A"
(1) ACCELERATED
EROSION - means washing away or blowing away of overburden, spoil, soil or
topdressing material in excess of normal erosion resulting from changes in the
vegetative cover or ground conditions.
(2) ACID DRAINAGE - means water with a pH of
less than 6.0 and in which total acidity exceeds total alkalinity, discharged
from an active, inactive or abandoned surface coal mining and reclamation
operations or from an area affected by surface coal mining and reclamation
operations.
(3) ACID FORMING
MATERIALS - means earth materials that contain sulfide minerals or other
materials which, if exposed to air, water, or weathering processes, form acids
that may create acid drainage.
(4)
ACID-TEST RATIO - means the relation of quick assets to current
liabilities.
(5) ACT - is the state
of New Mexico Surface Mining Act (Sections
69-25A-1 et. seq. NMSA
1978)
(6) ADJACENT AREA - means
land located outside the affected area, permit area, or mine plan area,
depending on the context in which adjacent area is used where air, surface or
ground water, fish, wildlife, vegetation or other resources protected by the
act may be adversely impacted by surface coal mining and reclamation
operations.
(7) AFFECTED AREA -
means, with respect to surface coal mining activities, any land or water upon
or in which those activities are conducted or located. With respect to
underground coal mining activities, affected area means:
(a) any water or surface land upon or in
which those activities are conducted or located; and
(b) land or water which is located above
underground mine workings.
(8) AGRICULTURAL ACTIVITIES - means with
respect to alluvial valley floors, the use of any tract of land for the
production of animal or vegetable life, where the use is enhanced or
facilitated by subirrigation or flood irrigation associated with alluvial
valley floors. These uses include, but are not limited to, the pasturing,
grazing, or watering of livestock, and the cropping, cultivation, or harvesting
of plants whose production is aided by the availability of water from
subirrigation or flood irrigation. These uses do not include agricultural
practices which do not benefit from the availability of water from
subirrigation or flood irrigation.
(9) AGRICULTURAL USE - means the use of any
tract of land for the production of animal or vegetable life. The uses include,
but are not limited to, the pasturing, grazing, and watering of livestock, and
the cropping, cultivation and harvesting of plants.
(10) ALLUVIAL VALLEY FLOORS - means the
unconsolidated stream-laid deposits holding streams with water availability
sufficient for subirrigation or flood irrigation agricultural activities but
does not include upland areas which are generally overlain by a thin veneer of
colluvial deposits composed chiefly of debris from sheet erosion, deposits
formed by unconcentrated runoff or slope wash, together with talus, or other
mass movement accumulations, and windblown deposits. Ephemeral or dry streams
incapable of supporting agricultural activities by natural means, and without
artificial means, are not alluvial valley floors.
(11) ANTHRACITE - means coal classified as
anthracite in ASTM standard D 388-77. Coal classifications are published by the
American society of testing and materials under the title, "standard
specification for classification of coals by rank", ASTM D 388-77, on pages 220
through 224. Table 1 which classifies the coals by rank is presented on page
223. This publication is hereby incorporated by reference as it exists on the
date of adoption of 19.8 NMAC Parts 1-35.
(12) APPLICANT - means any person seeking a
permit from the director to conduct surface coal mining and reclamation
operations or coal exploration pursuant to the act and 19.8 NMAC Parts
1-35.
(13) APPLICATION - means the
documents and other information filed with the director under the act and 19.8
NMAC Parts 1-35 for the issuance of exploration approval or a permit as the
context requires.
(14)
APPLICANT/VIOLATOR SYSTEM or AVS - means the computer system maintained by OSM
to identify ownership or control links involving permit applicants, permittees,
and persons cited in violation notices.
(15) APPROXIMATE ORIGINAL CONTOUR - means the
surface configuration achieved by backfilling and grading of the mined areas so
that the reclaimed area, including any terracing or access roads, closely
resembles the general surface configuration of the land prior to mining and
blends into and complements the drainage pattern of the surrounding terrain
with all spoil piles and refuse piles eliminated. Highwalls will also be
eliminated except as provided for in Paragraph (2) of Subsection A of
19.8.20.2055 NMAC. Permanent water
impoundments may be permitted where the director has determined that they
comply with 19.8.20.2017, 2024, and 2075 NMAC.
(16) AQUIFER - means a zone, stratum or group
of strata that can store and transmit water in sufficient quantities for a
specific use.
(17) ARID AND
SEMIARID AREA - includes, in the context of alluvial valley floors, all coal
fields in the state.
(18) ASPECTION
- means the variability of blooming, fruiting, foliation and defoliation of
vegetation during the various seasons of the year.
(19) AUGER MINING - means a method of mining
coal at a cliff or highwall by drilling holes into an exposed coal seam from
the highwall and transporting the coal along an auger bit to the
surface.
(20) AUGMENTED SEEDING -
means seeding in excess of the normal husbandry practices approved in the
director's coal mine reclamation program vegetation standards,
or reseeding with fertilization or irrigation, or reseeding in response to
unsuccessful revegetation in terms of adequate germination or establishment or
permanence.
B.
Definitions beginning with the letter "B"
(1)
BASAL AREA - means that portion of the sampling unit covered by the
cross-sectional area of the individual plants taken at or near the ground
surface for the herb and shrub strata and at "breast height" (1.3 m; 4.5 ft.)
for tree species.
(2) BEST
TECHNOLOGY CURRENTLY AVAILABLE - means equipment, devices, systems, methods or
techniques which will:
(a) prevent to the
extent possible, additional contributions of suspended solids to stream flow or
runoff outside the permit area, but in no event result in contributions of
suspended solids in excess of requirements set by applicable state or federal
laws; and
(b) minimize, to the
extent possible, disturbances and adverse impacts on fish, wildlife and related
environmental values, and achieve enhancement of these resources where
practicable; the term includes equipment, devices, systems, methods or
techniques which are currently available anywhere as determined by the
director, even if they are not in routine use; the term includes, but is not
limited to, construction practices, siting requirements, vegetative selection
and planting requirements, animal stocking requirements, scheduling of
activities and design of sedimentation ponds in accordance with 19.8.20 NMAC;
within the constraints of the permanent program, the director shall have the
discretion to determine the best technology currently available on a
case-by-case basis as authorized by the act and 19.8 NMAC Parts 1-35.
(3) BLASTER - means a person
directly responsible for the use of explosives in surface coal mining
operations who is certified pursuant to these regulations.
C. Definitions beginning with the letter "C"
(1) CEMETERY - means a place dedicated to,
used and maintained for the interment of the human dead.
(2) COAL - means combustible carbonaceous
rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM
standard D 388-77, referred to and incorporated by reference in the definition
of anthracite.
(3) COAL EXPLORATION
- means the field gathering of:
(a) surface
or subsurface geologic, physical, or chemical data by mapping, trenching,
drilling, geophysical or other techniques necessary to determine the quality
and quantity of overburden and coal of an area; or
(b) environmental data to establish the
conditions of an area before beginning surface coal mining and reclamation
operations under the requirements of the act and 19.8 NMAC Parts
1-35.
(4) COAL MINING
OPERATION - means the business of developing, producing, preparing or loading
bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming
the areas upon which such activities occur.
(5) COAL PREPARATION PLANT - means a facility
where coal is subjected to chemical or physical processing or cleaning,
concentrating, or other processing or preparation. It includes facilities
associated with coal preparation activities, including, but not limited to the
following: loading facilities; storage and stockpile facilities; sheds; shops,
and other buildings; water-treatment and water-storage facilities; settling
basins and impoundments; and coal processing and other waste disposal
areas.
(6) COAL PROCESSING PLANT -
means (a) a collection of facilities where run-of-the-mine coal is subjected to
chemical or physical processing and separated from its impurities. The
processing plant may consist of, but need not be limited to, the following
facilities: loading facilities; storage and stockpile facilities; sheds, shops
and other buildings; water treatment and water storage facilities; settling
basins and impoundments; coal processing and other waste disposal areas; roads,
railroads and other transport facilities; or (b) underground development
waste.
(7) COAL PROCESSING WASTE -
means (a) earth materials which are combustible, physically unstable, or
acid-forming or toxic-forming, which are wasted or otherwise separated from
product coal, and slurried or otherwise transported from coal preparation
plants, after physical or chemical processing, cleaning, or concentrating of
coal, (b) underground development waste.
(8) COAL PROCESSING WASTE BANK - means a
surface deposit of coal processing waste that does not impound water, slurry or
other liquid or semi-liquid material.
(9) COLLATERAL BOND - means an indemnity
agreement in a sum certain executed by the permittee as principal which is
supported by the deposit with the state of New Mexico of one or more of the
following:
(a) a cash account, which shall be
the deposit of cash in one or more federally-insured or equivalently protected
accounts, payable only to the state of New Mexico upon demand, or the deposit
of cash directly with the director;
(b) negotiable bonds of the United States, a
state, or a municipality, endorsed to the order of the state of New Mexico, and
placed in the possession of, the director;
(c) negotiable certificates of deposit, made
payable or assigned to the state of New Mexico and placed in its possession or
held by a federally-insured bank;
(d) an irrevocable letter of credit of any
bank organized or authorized to transact business in the United States, payable
only to the state of New Mexico upon presentation;
(e) a perfected, first-lien security interest
in real property in favor of the state of New Mexico only; or
(f) other investment-grade rated securities
having a rating of AAA, AA, or A or an equivalent rating issued by a nationally
recognized securities rating service, endorsed to the order of the state of New
Mexico, and placed in the possession of, the director.
(10) COMBUSTIBLE MATERIAL - means organic
material that is capable of burning, either by fire or through oxidation,
accompanied by the evolution of heat and a significant temperature
rise.
(11) COMMUNITY OR
INSTITUTIONAL BUILDING - means any structure, other than a public building or
an occupied dwelling, which is used primarily for meetings, gatherings or
functions of local civic organizations or other community groups; functions as
an educational, cultural, historic, religious, scientific, correctional,
mental-health or physical health care facility; or is used for public services,
including, but not limited to, water supply, power generation or sewage
treatment.
(12) COMPACTION - means
increasing the density of a material by reducing the voids between the
particles and is generally accomplished by controlled placement and mechanical
effect such as from repeated application of wheel, track, or roller loads from
heavy equipment.
(13) COMPLETE
APPLICATION - means an application for exploration approval or a surface coal
mining and reclamation permit, which contains all information required under
the act and 19.8 NMAC Parts 1-35.
(14) CONSTANCY - means the percentage of
sampling areas of the same vegetative type in which an individual species
occurs.
(15) CROPLAND - means land
used for the production of adapted crops for harvest, alone or in a rotation
with grasses and legumes, and includes row crops, small grain crops, hay crops,
nursery crops, orchard crops, and other similar specialty crops. Land used for
facilities in support of cropland farming operations which is adjacent to or an
integral part of these operations is also included for purposes of these land
use categories.
(16) CUMULATIVE
IMPACT AREA - means the area, including the permit area, within which impacts
resulting from the proposed operation may interact with the impacts of all
anticipated mining on surface and ground-water systems. Anticipated mining
shall include, at a minimum, the entire projected lives through bond release
of:
(a) the proposed operation;
(b) all existing operations;
(c) any operation for which a permit
application has been submitted to the director; and
(d) all operations required to meet diligent
development requirements for leased federal coal for which there is actual mine
development information available.
(17) CURRENT ASSETS - means cash or other
assets or resources which are reasonably expected to be converted to cash or
sold or consumed within one year or within the normal operating cycle of the
business.
(18) CURRENT LIABILITIES
- means obligations which are reasonably expected to be paid or liquidated
within one year or within the normal operating cycle of the business.
D. Definitions beginning
with the letter "D"
(1) DENSITY - means the
number of individuals of a species per unit area.
(2) DEVELOPED WATER RESOURCES - is meant to
include land used for storing water for beneficial uses such as stockponds,
irrigation, fire protection, flood control, and water supply.
(3) DIRECT FINANCIAL INTEREST - means
ownership or part ownership by an employee of lands, stocks, bonds, debentures,
warrants, partnership shares, or other holdings and also any other arrangements
where the employee may benefit from his or her holding in or salary from coal
mining operations. Direct financial interests include employment, pensions,
creditor, real property and other financial relationships.
(4) DIRECTOR - means the director of mining
and minerals division, or his authorized representative.
(5) DISTURBED AREA - means any area where
vegetation, topsoil, or overburden is removed or upon which topdressing, spoil,
coal processing waste, underground development waste, or noncoal waste is
placed by surface coal mining operations. Those areas are classified as
disturbed until reclamation is complete and the performance bond or other
assurance of performance required by NMAC 19.8.14 is released.
(6) DIVERSION - means a channel, embankment,
or other manmade structure constructed to divert water from one area to
another.
(7) DOWNSLOPE - means the
land surface between the projected outcrop of the lowest coal bed being mined
along each highwall and a valley floor.
(8) DRAINAGE GRADE CROSSING - means the point
at which a road crosses a drainage channel at the elevation of the base of that
channel.
(9) DRINKING, DOMESTIC OR
RESIDENTIAL WATER SUPPLY - means water received from a well or spring and any
appurtenant delivery system that provides water for direct human consumption or
household use. Wells and springs that serve only agricultural, commercial or
industrial enterprises are not included except to the extent the water supply
is for direct human consumption or human sanitation, or domestic use.
E. Definitions beginning
with the letter "E"
(1) EMBANKMENT - means an
artificial deposit of material that is raised above the natural surface of the
land and used to contain, divert, or store water, support roads or railways, or
for other similar purposes.
(2)
EMPLOYEE - means:
(a) any person employed by
the director who performs any function or duty under the act; and
(b) advisory board or commission members and
consultants who perform any function or duty under the act, if they perform
decision-making functions under the authority of state law or regulations;
however, members of advisory boards or commissions established in accordance
with state law or regulations to represent multiple interests are not
considered to be employees.
(3) EPHEMERAL STREAM - means a stream which
flows only in direct response to precipitation in the immediate watershed or in
response to the melting of a cover of snow and ice, and which has a channel
bottom that is always above the local water table.
(4) ESSENTIAL HYDROLOGIC FUNCTIONS - means
the role of an alluvial valley floor in collecting, storing, regulating, and
making the natural flow of surface or ground water, or both, usefully available
for agricultural activities by reason of the valley floor's topographic
position, the landscape and the physical properties of its underlying
materials. A combination of these functions provides a water supply during
extended periods of low precipitation. The role of the alluvial valley floor in
making water usefully available for agricultural activities results from:
(a) the existence of flood plains and
terraces where surface and ground water can be provided in sufficient
quantities to support the growth of agriculturally useful plants;
(b) the presence of earth materials suitable
for the growth of agriculturally useful plants;
(c) the temporal and physical distribution of
water making it accessible to plants throughout the critical phases of the
growth cycle either by flood irrigation or by subirrigation;
(d) the natural control of alluvial valley
floors in limiting destructive extremes of stream discharge; and
(e) the erosional stability of earth
materials suitable for the growth of agriculturally useful plants.
(5) EXCESS SPOIL - means spoil
material disposed of in a location other than the mined-out area; provided that
spoil material used to achieve the approximate original contour or to blend the
mined-out area with the surrounding terrain in accordance with Paragraph (5) of
Subsection A of
19.8.20.2055 NMAC in non-steep
slope areas shall not be considered excess spoil.
(6) EXISTING STRUCTURE - means a structure or
facility used in connection with or to facilitate surface coal mining and
reclamation operations for which construction begins prior to the approval of a
state program.
(7) EXPERIMENTAL
PRACTICE - means the use of alternative surface coal mining and reclamation
operation practices for experimental or research purposes. Experimental
practices need not comply with specific environmental protection performance
standards of 19.8.20 NMAC, the act, and 19.8 NMAC Parts 1-35.
(8) EXTRACTION OF COAL AS INCIDENTAL PART -
means the extraction of coal which is necessary to enable the construction to
be accomplished. For purposes of 19.8 NMAC Parts 1-35, only that coal extracted
from within the right-of-way, in the case of a road, railroad, utility line or
other such construction, or within the boundaries of the area directly affected
by other types of government-financed construction, may be considered
incidental to that construction. Extraction of coal outside the right-of-way or
boundary of the area directly affected by the construction shall be subject to
the requirements of the act and 19.8 NMAC Parts 1-35.
F. Definitions beginning with the letter "F"
(1) FEDERAL LANDS - means any land, including
mineral interests, owned by the United States, without regard to how the United
States acquired ownership of the lands or which agency manages the lands. It
does not include Indian lands.
(2)
FEDERAL LANDS PROGRAM - means a program established by the secretary of the
U.S. department of interior, pursuant to Section 523 of the Surface Mining
Control and Reclamation Act of 1977 to regulate surface coal mining and
reclamation operations on federal lands.
(3) FEDERAL VIOLATION NOTICE - means a
violation notice issued by OSM or by another agency or instrumentality of the
United States.
(4) FISH AND
WILDLIFE HABITAT - means land dedicated wholly or partially to the production,
protection or management of species of fish or wildlife.
(5) FIXED ASSETS - means plants, facilities
and equipment, not used for the production, transportation or processing of
coal, and does not include land or coal in place.
(6) FLOOD IRRIGATION - means, with respect to
alluvial valley floors, supplying water to plants by natural overflow or the
diversion of flows, so that the irrigated surface is largely covered by a sheet
of water.
(7) FOLIAGE COVER - means
that portion of the sampling unit covered by the vertical projection of an
individual plant's aerial parts.
(8) FORESTRY - means land used or managed for
the long-term production of wood, wood fiber, or wood derived products. Land
used for facilities in support of forest, harvest and management operations
which is adjacent to or an integral part of these operations is also included.
For purposes of 19.8 NMAC Parts 1-35, pinon-juniper type trees shall not be
deemed forest trees managed for such long term production.
(9) FRAGILE LANDS - means unique or valuable
habitats for fish or wildlife, critical habitats for endangered or threatened
species of animals or plants and uncommon geologic formations. National natural
landmark sites, areas were mining may cause flooding, areas containing a
concentration of unique ecological and aesthetic features, areas of
recreational value due to high environmental quality, and buffer zones adjacent
to the boundaries of areas where surface coal mining operations are prohibited
under Section
69-25A-26 NMSA 1978 of the act and
19.8.2, 3 and 4 NMAC, that could be damaged or destroyed by surface coal mining
operations.
(10) FREQUENCY - means
the percentage of plots or subplots occupied by each individual species in one
sampling unit or area.
(11)
FUGITIVE DUST - means that particulate matter not emitted from a duct or stack
which becomes airborne due to the forces of wind or surface coal mining and
reclamation operations or both. During surface coal mining and reclamation
operations it may include emissions from haul roads, wind erosion of exposed
surfaces, storage piles, and spoil piles, reclamation operations and other
activities in which material is either removed, stored, transported, or
redistributed.
G.
Definitions beginning with the letter "G"
(1)
GOVERNMENT FINANCED CONSTRUCTION - means construction funded 50 percent or more
by funds appropriated from a government financing agency's budget or obtained
from general revenue bonds, but shall not mean government financing agency
guarantees, insurance, loans, funds obtained through industrial revenue bonds
or their equivalent, or in-kind payments. Funding at less than 50 percent may
qualify if the construction is undertaken as an approved reclamation project
under Title IV of SMCRA.
(2)
GRAZING LAND - includes both grasslands and forest lands where the indigenous
vegetation is actively managed for grazing, browsing or occasional hay
production. Land used for facilities in support of ranching operations which
are adjacent to or an integral part of these operations is also
included.
(3) GROUND COVER - means
either foliage or basal area cover of living plant material.
(4) GROUND WATER - means subsurface water
that fills available openings in rock or soil materials to the extent that they
are considered water saturated.
H. Definitions beginning with the letter "H"
(1) HALF-SHRUB - means a perennial plant with
a woody base whose annually produced stems die back each year.
(2) HEAD-OF-HOLLOW FILL - means a fill
structure consisting of any material, other than coal processing waste and
organic material, placed in the uppermost reaches of a hollow where side slopes
of the existing hollow measured at the steepest point are greater than 20
degrees or the average slope of the profile of the hollow from the toe of the
fill to the top of the fill is greater than 10 degrees. In fills with less than
250,000 cubic yards of material, associated with contour mining, the top
surface of the fill will be at the elevation of the coal seam. In all other
head-of-hollow fills, the top surface of the fill, when completed, is at
approximately the same elevation as the adjacent ridge line, and no significant
area of natural drainage occurs above the fill draining into the fill
area.
(3) HIGHWALL - means the face
of exposed overburden and coal in an open cut of a surface coal mining activity
or for entry to underground mining activities.
(4) HISTORIC LANDS - means historic or
cultural districts, places, structures or objects, including archaeological and
natural historic landmark sites, sites listed on or eligible for listing on a
state or national register of historic places, or sites for which historic
designation is pending.
(5)
HISTORICALLY USED FOR CROPLAND - means:
(a)
lands that have been used for cropland for any 5 years or more out of the 10
years immediately preceding the acquisition, including purchase, lease, or
option, of the land for the purpose of conducting or allowing through resale,
lease or option the conduct of surface coal mining and reclamation
operations;
(b) lands that the
director determines, on the basis of additional cropland history of the
surrounding lands and the lands under consideration, that the permit area is
clearly cropland but falls outside the specific 5-years-in-10 criterion, in
which case the regulations for prime farmland may be applied to include more
years of cropland history only to increase the prime farmland acreage to be
preserved; or
(c) lands that would
likely have been used as cropland for any 5 out of the last 10 years,
immediately preceding such acquisition but for the same fact of ownership or
control of the land unrelated to the productivity of the land.
(6) HYDROLOGIC BALANCE - means the
relationship between the quality and quantity of water inflow to, water outflow
from, and water storage in a hydrologic unit such as a drainage basin, aquifer,
soil zone, lake, or reservoir. It encompasses the dynamic relationships among
precipitation, runoff, evaporation, and changes in ground and surface water
storage.
(7) HYDROLOGIC REGIME -
means the entire state of water movement in a given area. It is a function of
the climate and includes the phenomena by which water first occurs as
atmospheric water vapor, passes into a liquid or solid form, falls as
precipitation, moves along or into the ground surface, and returns to the
atmosphere as vapor by means of evaporation and transpiration.
I. Definitions beginning with the
letter "I"
(1) IMMINENT DANGER TO THE HEALTH
AND SAFETY OF THE PUBLIC - means the existence of any condition or practice, or
any violation of a permit, 19.8 NMAC Parts 1-35 or other requirements of the
act in a surface coal mining and reclamation operation, which could reasonably
be expected to cause substantial physical harm to persons outside the permit
area before the condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a rational
person, subjected to the same condition or practice giving rise to the peril,
would avoid exposure to the danger during the time necessary for
abatement.
(2) IMPOUNDMENT - means
a closed basin, naturally formed or artificially built, which is dammed or
excavated for the retention of water or sediment.
(3) INDIGENOUS - means an organism that is
native, not introduced, or immigrates under its own power into an
area.
(4) INDIRECT FINANCIAL
INTEREST - means the same financial relationships as for direct ownership, but
where the employee reaps the benefits of such interests including interests
held by his or her spouse, minor child and other relatives, including in-laws
residing in the employee's home. The employee will not be deemed to have an
indirect financial interest if there is no relationship between the employee's
functions or duties and the coal mining operation in which the spouse, minor
children or other resident relatives hold a financial interest.
(5) INDUSTRIAL/COMMERCIAL - means land used
for:
(a) extraction or transformation of
materials for fabrication or products, wholesaling of products or for long-term
storage of products; this includes all heavy and light manufacturing facilities
such as lumber and wood processing, chemical manufacturing, petroleum refining
and fabricated metal products manufacture; land used for facilities in support
of these operations which is adjacent to or an integral part of that operation
is also included; support facilities include, but are not limited to, all rail,
road, and other transportation facilities.
(b) retail or trade of goods or services,
including hotels, motels, stores, restaurants and other commercial
establishments; land used for facilities in support of commercial operations
which is adjacent to or an integral part of these operations is also included;
support facilities include, but are not limited to, parking, storage or
shipping facilities.
(6)
IN SITU PROCESSES - means activities conducted on the surface or underground in
connection with in-place distillation, retorting, leaching, or other chemical
or physical processing of coal. The term includes, but is not limited to, in
situ gasification, in situ leaching, slurry mining, solution mining, borehole
mining and fluid recovery mining.
(7) INTERMITTENT STREAM - means a stream or
reach of a stream that is below the local water table for at least some part of
the year, and obtains its flow from both surface runoff and ground water
discharge.
(8) INTERSEEDING - means
a secondary seeding practice into established vegetation cover in order to take
advantage of climatic conditions that favor species requiring special
conditions for germination and establishment, or to improve or alter the
composition between forage species and shrubs, or between warm and cool season
grasses.
(9) IRREPARABLE DAMAGE TO
THE ENVIRONMENT - means any damage to the environment that cannot be corrected
by actions of the applicant.
K. Definitions beginning with the letter "K".
KNOWING OR KNOWINGLY - means that a person who authorized, ordered, or carried
out an act or omission knew or had reason to know that the act or omission
would result in either a violation or a failure to abate or correct a
violation.
L. Definitions beginning
with the letter "L"
(1) LAND USE - means
specific uses or management related activities, rather than the vegetation or
cover of the land. Land uses may be identified in combination when joint or
seasonal uses occur. Changes of land use or uses from one of the following
categories to another shall be considered as a change to an alternative land
use which is subject to approval by the director. Land use categories
identified in 19.8 NMAC Parts 1-35 are:
(a)
cropland
(b) pasture land or land
occasionally cut for hay
(c)
grazing land
(d) forestry
(e) residential
(f) industrial/commercial
(g) recreation
(h) fish and wildlife habitat
(i) developed water resources
(j) undeveloped land or no current use or
land management
(2)
LIABILITIES - means obligations to transfer assets or provide services to other
entities in the future as a result of past transactions.
(3) LITTER COVER - means that portion of the
sampling unit covered by dead s of plants.
M. Definitions beginning with the letter "M"
(1) MATERIAL DAMAGE, in the context of
19.8.9.918 and 19.8.20.2067, 2069 through 2072 NMAC, means:
(a) any functional impairment of surface
lands, features, structures or facilities;
(b) any physical change that has a
significant adverse impact on the affected land's capability to support any
current or reasonably foreseeable uses or causes significant loss in production
or income; or
(c) any significant
change in the condition, appearance or utility of any structure or facility
from its pre-subsidence condition.
(2) MATERIALLY DAMAGE THE QUANTITY OR QUALITY
OF WATER - means, with respect to alluvial valley floors, changes in the
quality or quantity of the water supply to any portion of an alluvial valley
floor where such changes are caused by surface coal mining and reclamation
operations and result in changes that significantly and adversely affect the
composition, diversity, or productivity of vegetation dependent on
subirrigation, or which result in changes that would limit the adequacy of the
water for flood irrigation of the irrigable land acreage existing prior to
mining.
(3) MINE PLAN AREA - means
the area of land and water within the boundaries of all permit areas during the
entire life of the surface coal mining and reclamation operations as
anticipated by the applicant at the time of submission of a permit application.
Other terms defined in 19.8 NMAC Parts 1-35 which relate closely to mine plan
area are:
(a) permit area, which will always
be within or the same as the mine plan area;
(b) affected area, which will always be
within or the same as the permit area; and
(c) adjacent area, which may surround or
extend beyond the affected area, permit area, or mine plan area.
(4) MINING PLAN - means a complete
mining and reclamation operations plan that complies with the requirements of
the act, 19.8 NMAC Parts 1-35 and all other applicable laws and
regulations.
(5) MOIST BULK DENSITY
- means the weight of soil (oven dry) per unit volume. Volume is measured when
the soil is at field moisture capacity (1/3 bar moisture tension). Weight is
determined after drying the soil at 105 degrees C.
(6) MULCH - means vegetation residues or
other suitable materials that aid in soil stabilization and soil moisture
conservation, thus providing microclimatic conditions suitable for germination
and growth.
N.
Definitions beginning with the letter "N"
(1)
NATURAL HAZARD LANDS - means geographic areas in which natural conditions exist
which pose or, as a result of surface coal mining operations, may pose a threat
to the health, safety or welfare of people, property or the
environment.
(2) NET WORTH - means
total assets minus total liabilities and is equivalent to owners' equity. For
the purposes of Subparagraph (b) of Paragraph (3) of Subsection A of
19.8.14.1410 NMAC plants,
facilities and equipment used for the production, transportation or processing
of coal, and land or coal in place shall not be considered assets in a
calculation of net worth.
(3)
NONCOMMERCIAL BUILDING - means any building, other than an occupied residential
dwelling, that, at the time the subsidence occurs, is used on a regular or
temporary basis as a public building or community or institutional building as
those terms are also defined in
19.8.1.7 NMAC. Any building used
only for commercial agricultural, industrial, retail or other commercial
enterprises are excluded.
(4) NO
SIGNIFICANT RECREATIONAL, TIMBER, ECONOMIC OR OTHER VALUES INCOMPATIBLE WITH
SURFACE COAL MINING OPERATIONS - means those significant values which could be
damaged by, and are not capable of existing together with, surface coal mining
operations because of the undesirable effects mining would have on those
values, either on the area included in the permit application or on off-site
areas which could be affected by mining. Those values to be evaluated for their
importance include:
(a) recreation, including
hiking, boating, camping, skiing or other related outdoor activities;
(b) timber management and
silviculture;
(c) agriculture,
aquaculture or production of other natural, processed or manufactured products
which enter commerce;
(d) scenic,
historic, archaeological, aesthetic, fish, wildlife, plants or cultural
interests.
(5) NORMAL
EROSION - means the erosion that occurs on land under natural environmental
conditions not disturbed by human activity.
(6) NOXIOUS PLANTS - means species that have
been included on the official state lists of noxious plants.
O. Definitions beginning with the
letter "O"
(1) OCCUPIED DWELLING - means any
building that is currently being used on a regular or temporary basis for human
habitation.
(2) OCCUPIED
RESIDENTIAL DWELLING AND ASSOCIATED STRUCTURES - means, for purposes of
19.8.9.918 and 19.8.20.2067, 2069 through 2072 NMAC, any building or other
structure that, at the time the subsidence occurs, is used either temporarily,
occasionally, seasonally, or permanently for human habitation. This term also
includes any building, structure or facility installed on, above or below, or a
combination thereof, the land surface if that building, structure or facility
is adjunct to or used in connection with an occupied residential dwelling.
Examples of such structures include, but are not limited to, garages; storage
sheds and barns; greenhouses and related buildings; utilities and cables;
fences and other enclosures; retaining walls; paved or improved patios, walks
and driveways; septic sewage treatment facilities; and lot drainage and lawn
and garden irrigation systems. Any structure used only for commercial
agricultural, industrial, retail or other commercial purposes are
excluded.
(3) OPERATOR - means any
person engaged in coal mining who removes or intends to remove more than 250
tons of coal from the earth or from coal refuse piles by mining within 12
consecutive calendar months in any one location.
(4) OSM - means office of surface mining
reclamation and enforcement, U.S. department of the interior.
(5) OTHER TREATMENT FACILITIES - means any
chemical treatments, such as flocculation or neutralization, or mechanical
structures, such as clarifiers or precipitators, that have a point-source
discharge and that are utilized to prevent additional contribution of suspended
solids to streamflow or runoff outside the permit area, and to comply with all
applicable state and federal water-quality laws and regulations.
(6) OUTSLOPE - means the face of the spoil or
embankment sloping downward from the highest elevation to the toe.
(7) OVERBURDEN - means material of any
nature, consolidated or unconsolidated that overlies a coal deposit, excluding
topsoil.
(8) OWNED OR CONTROLLED
AND OWNS OR CONTROLS - means any one or a combination of the relationships
specified in Subparagraphs (a) and (b) of Paragraph (8) of Subsection O of
19.8.1.7 NMAC:
(a) being a permittee of a surface coal
mining operation, or having any other relationship which gives one person
authority directly or indirectly to determine the manner in which an applicant,
an operator, or other entity conducts surface coal mining operations;
(b) the following relationships are presumed
to constitute ownership or control unless a person can demonstrate that the
person subject to the presumption does not in fact have the authority directly
or indirectly to determine the manner in which the relevant surface coal mining
operation is conducted:
(i) being an officer
or director of an entity;
(ii)
being the operator of a surface coal mining operation;
(iii) having the ability to commit the
financial or real property assets or working resources of an entity;
(iv) being the sole proprietor of the
entity;
(v) being a general partner
in a partnership;
(vi) being a
member in a limited liability company;
(vii) based on the instruments of ownership
or the voting securities of a corporate entity, owning of record 10 percent or
more of the entity; or
(viii)
owning or controlling coal to be mined by another person under a lease,
sublease or other contract and having the right to receive such coal after
mining or having authority to determine the manner in which that person or
another person conducts a surface coal mining operation.
(9) OWNERSHIP or CONTROL LINK -
means any relationship included in the definition of "owned or controlled" or
"owns or controls" in Subsection O of
19.8.1.7 NMAC or in the violations
review provisions of Subsection C of
19.8.11.1105 NMAC. It includes any
relationship presumed to constitute ownership or control under the definition
of "owned or controlled" or "owns or controls" in this section, unless such
presumption has been successfully rebutted under the provisions of 19.8.11.1117
and 1118 NMAC or under the provisions of 19.8.12 and
19.8.11.1118 NMAC.
P. Definitions beginning
with the letter "P"
(1) PARENT CORPORATION -
means a corporation which owns or controls the applicant.
(2) PASTURELAND OR LAND OCCASIONALLY CUT FOR
HAY - means land used primarily for the long-term production of adapted,
domesticated forage plants to be grazed by livestock of occasionally cut and
cured for livestock feed. Land used for facilities in support of pastureland or
land occasionally cut for hay which is adjacent to or an integral part of these
operations is also included.
(3)
PERENNIAL STREAM - means a stream or part of a stream that flows continuously
during all of the calendar year as a result of ground water discharge or
surface runoff. The term does not include intermittent stream or ephemeral
stream.
(4) PERFORMING ANY FUNCTION
OR DUTY UNDER THIS ACT - means those decisions or actions, which if performed
or not performed by an employee, affect the programs under the act.
(5) PERMANENT DIVERSION - means a diversion
remaining after surface coal mining and reclamation operations are completed
which has been approved for retention by the director and other appropriate
state and federal agencies.
(6)
PERMIT - means a permit to conduct surface coal mining and reclamation
operations issued pursuant to Laws 1972, Chapter 68, as amended, or by the
director pursuant to the act.
(7)
PERMIT AREA - means the area of land and water within the boundaries of the
permit which are designated on the permit application maps, as approved by the
director. This area shall include, at a minimum, all areas which are or will be
affected by the surface coal mining and reclamation operations during the term
of the permit. The permit area shall not include roads, not otherwise within
the permit boundary, infrequently used to monitor remote facilities or
environmental resources, or for exploration or surveying purposes, if the
director approves such use of such roads, after determining that such use will
not result in a significant adverse affect upon the environment.
(8) PERMIT MODIFICATION - means an alteration
of the terms or requirements of a permit, which alteration is not a permit
revision.
(9) PERMIT REVISION -
means a significant alteration of the terms or requirements of a permit, as
identified in Subsection A of
19.8.13.1301 NMAC.
(10) PERMITTEE - means a person holding or
required by the act and 19.8 NMAC Parts 1-35 to hold a permit to conduct
surface coal mining and reclamation operations issued by the director pursuant
to the act and 19.8 NMAC Parts 1-35.
(11) PERSON - means an individual, Indian
tribe when conducting surface coal mining and reclamation operations on
non-Indian lands, partnership, association, society, joint venture, joint stock
company, firm, company, corporation, cooperative or other business organization
and any agency, unit, or instrumentality of federal, state or local government
including any publicly owned utility or publicly owned corporation of federal,
state or local government.
(12)
PERSON HAVING AN INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED OR PERSON WITH
A VALID LEGAL INTEREST - shall include any person:
(a) who uses any resource of economic,
recreational, aesthetic, or environmental value that may be adversely affected
by coal exploration or surface coal mining and reclamation operations or any
related action of the secretary of the U.S. department of interior or the
director; or
(b) whose property is
or may be adversely affected by coal exploration or surface coal mining and
reclamation operations or any related action of the secretary of the U.S.
department of interior or the director.
(13) PRECIPITATION EVENT - means a quantity
of water resulting from drizzle, rain, snow, sleet, or hail in a limited period
of time. It may be expressed in terms of recurrence interval. As used in 19.8
NMAC Parts 1-35, a precipitation event also includes that quantity of water
emanating from snow cover as snowmelt in a limited period of time.
(14) PREVIOUSLY MINED AREA - means land
affected by surface coal mining operations prior to August 3, 1977, that has
not been reclaimed to the performance standards of SMCRA, the act, and the New
Mexico regulatory program.
(15)
PRIME FARMLAND - means those lands which are defined by the secretary of the U.
S. department of agriculture in 7 CFR 657 (federal register vol. 4 no. 21) and
which have historically been used for cropland as that phrase is defined in
19.8 NMAC Parts 1-35.
(16)
PROHIBITED FINANCIAL INTEREST - means any direct or indirect financial interest
in any coal mining operation.
(17)
PROPERTY TO BE MINED - means both the surface and mineral estates on and
underneath lands which are within the permit area.
(18) PUBLIC BUILDING - means any structure
that is owned by a public agency or used principally for public business,
meetings or other group gatherings.
(19) PUBLIC OFFICE - means a facility under
the direction and control of a governmental entity which is open to public
access on a regular basis during reasonable business hours.
(20) PUBLIC PARK - means an area dedicated or
designated by any federal, state, or local agency for public recreational use,
whether or not such use is limited to certain times or days, including any land
leased, reserved or held open to the public because of that use.
(21) PUBLIC ROAD - means all roads and
highways except private roads, established pursuant to any law of the United
States or the state of New Mexico, and roads dedicated to the public use, that
have not been vacated or abandoned, and such other roads as are recognized by
the corporate authorities of any county in New Mexico.
Q. Definitions beginning with the letter "Q".
QUALIFIED LABORATORY - means a designated public agency, private firm,
institution, or analytical laboratory which can prepare the required
determination of probable hydrologic consequences or statement of results of
test borings or core sampling, or other services as specified at
19.8.32.3203 NMAC under the small
operator assistance program and which meet the standards of
19.8.32.3204 NMAC.
R. Definitions beginning with the letter "R"
(1) RANGELAND - means land on which the
natural potential (climax) plant cover is principally native grasses, forbs and
shrubs valuable for forage. Except for brush control, management is primarily
achieved by regulating the intensity of grazing and season of use.
(2) RECHARGE CAPACITY - means the ability of
the soils and underlying materials to allow precipitation and runoff to
infiltrate and reach the zone of saturation.
(3) RECLAMATION - means those actions taken
to restore mined land as required by the act and 19.8 NMAC Parts 1-35 to a
postmining land use approved by the director.
(4) RECREATION - means land used for public
or private leisure time use, including developed recreation facilities such as
parks, camps and amusement areas, as well as areas for less intensive uses such
as hiking, canoeing, and other undeveloped recreational uses.
(5) RECURRENCE INTERVAL - means the interval
of time in which a precipitation event is expected to occur once, on the
average. For example, the 10 year 24 hour precipitation event would be that 24
hour precipitation event expected to occur on the average once in 10
years.
(6) REFERENCE AREA - means a
land unit maintained under appropriate management for the purpose of measuring
vegetation ground cover, productivity and plant species composition that are
produced naturally or by crop production methods approved by the director.
Reference areas must be representative of geology, soil, slope, and vegetation
in the permit area.
(7) REPLACEMENT
OF WATER SUPPLY - means, with respect to protected water supplies contaminated,
diminished, or interrupted by coal mining operations, provision of water supply
on both a temporary and permanent basis equivalent to premining quantity and
quality. Replacement includes provision of an equivalent water delivery system
and payment of operation and maintenance costs in excess of customary and
reasonable delivery costs for premining water supplies. Upon agreement by the
permittee and the water supply owner, the obligation to pay such operation and
maintenance costs may be satisfied by a one-time payment in an amount which
covers the present worth of the increased annual operation and maintenance
costs for a period agreed to by the permittee and the water supply owner. If
the affected water supply was not needed for the land use in existence at the
time of loss, contamination, or diminution, and if the supply is not needed to
achieve the postmining land use, replacement requirements may be satisfied by
demonstrating that a suitable alternative water source is available and could
feasibly be developed. If the latter approach is selected, written concurrence
must be obtained from the water supply owner.
(8) RENEWABLE RESOURCE LANDS - means aquifers
and areas for the recharge of aquifers and other underground waters, areas for
agricultural or silvicultural production of food and fiber, and grazing
lands.
(9) RESIDENTIAL - includes
single and multiple family housing, mobile home parks and other residential
lodgings. Land used for facilities in support of residential operations which
is adjacent to or an integral part of these operations is also included.
Support facilities include, but are not limited to, vehicle parking and open
space that directly relate to the residential use.
(10) ROAD - means a surface right-of-way for
purposes of travel by land vehicles used in coal exploration or coal mining and
reclamation operations. A road consists of the entire area within the
right-of-way, including the roadbed, shoulders, parking and side areas,
approaches, structures, ditches and surface. The term includes access and haul
roads constructed, used, reconstructed, improved, or maintained for use in coal
exploration or within the affected area or surface coal mining and reclamation
operations, including use by coal hauling vehicles leading to transfer,
processing, or storage areas. The term does not include ramps and routes of
travel within the immediate mining area or within spoil or coal mine waste
disposal areas.
S.
Definitions beginning with the letter "S"
(1)
SAFETY FACTOR - means the ratio of the available shear strength to the
developed shear stress, or the ratio of the sum of the resisting forces to the
sum of the loading or driving forces, as determined by accepted engineering
practices.
(2) SEDIMENTATION POND -
means a primary sediment control structure designed, constructed and maintained
in accordance with
19.8.20.2014 NMAC and including
but not limited to a barrier, dam, or excavated depression which slows down
water runoff to allow sediment to settle out. A sedimentation pond shall not
include secondary sedimentation control structures, such as straw dikes,
riprap, check dams, mulches, dugouts and other measures that reduce overland
flow velocity, reduce runoff volume or trap sediment, to the extent that such
secondary sedimentation structures drain to a sedimentation pond.
(3) SELF-BOND - means an indemnity agreement
in a sum certain executed by the applicant or by the applicant and any
corporate guarantor and made payable to the state of New Mexico, with or
without separate surety.
(4)
SIGNIFICANT FOREST COVER - means an existing plant community consisting
predominantly of trees and other woody vegetation. The secretary of the U.S.
department of agriculture shall decide on a case-by-case basis whether the
forest cover is significant within national forests of New Mexico.
(5) SIGNIFICANT, IMMINENT ENVIRONMENTAL HARM
TO LAND, AIR OR WATER RESOURCES - means:
(a)
An environmental harm is an adverse impact on land, air, or water resources
which resources include, but are not limited to, plant and animal
life.
(b) An environmental harm is
imminent, if a condition, practice, or violation exists which:
(i) is causing harm; or,
(ii) may reasonably be expected to cause such
harm at any time before the end of the reasonable abatement time that would be
set under Section
69-25A-25(B) NMSA
1978 of the act.
(c) An
environmental harm is significant if that harm is appreciable and not
immediately reparable.
(6) SLOPE - means average inclination of a
surface, measured from the horizontal, generally expressed as the ratio of a
unit of vertical distance to a given number of units of horizontal distance
(e.g. 1v:5h). It may also be expressed as a percent or in degrees.
(7) SMCRA - means the Surface Mining Control
and Reclamation Act of 1977, as amended, its implementing regulations at 30 CFR
Chapter VII, and any state or federal law, rule, regulation or program enacted
or promulgated pursuant to it.
(8)
SOIL HORIZONS - means contrasting layers of soil parallel or nearly parallel to
the land surface. Soil horizons are differentiated on the basis of field
characteristics and laboratory data. The three major soil horizons are:
(a) "A" HORIZON - the uppermost mineral
layer, often called the surface soil. It is the part of the soil in which
organic matter is most abundant and leaching of soluble or suspended particles
are typically the greatest.
(b) "B"
HORIZON - the layer that typically is immediately beneath the "A" horizon and
often called the subsoil. This middle layer commonly contains more clay, iron,
or aluminum than the "A" or "C" horizons.
(c) "C" HORIZON - the deepest layer of a soil
profile. It consists of loose material or weathered rock that is relatively
unaffected by biologic activity.
(9) SOIL SURVEY - means a field and other
investigation, resulting in a map showing the geographic distribution of
different kinds of soils and an accompanying report that describes, classifies,
and interprets such soils for use. Soil surveys must meet the standards of the
national cooperative soil survey.
(10) SPOIL - means overburden that has been
removed during surface coal mining operations, or underground development waste
material.
(11) STABILIZE - means to
control movement of soil, spoil piles, or areas of disturbed earth by modifying
the geometry of the mass, or by otherwise modifying physical or chemical
properties, such as by providing a protective surface coating.
(12) STATE VIOLATION NOTICE - means any
written notification from the director of a violation of the act or 19.8 NMAC
Parts 1-35, whether by letter, memorandum, legal or administrative pleading or
other written communication, or by another agency or instrumentality of state
government.
(13) STEEP SLOPE -
means any slope with an average inclination of 20 degrees or more from the
horizontal or such lesser slope as may be designated by the director after
consideration of soil, climate and other characteristics of a region within the
state.
(14) SUBIRRIGATION - means
with respect to alluvial valley floors, the supplying of water to plants from
underneath or from a semi-saturated or saturated subsurface zone where water is
available for use by vegetation. Subirrigation may be identified by:
(a) diurnal fluctuation of the water table,
due to the differences in nighttime and daytime evapotranspiration
rates;
(b) increasing soil moisture
from a portion of the root zone down to the saturated zone, due to capillary
action;
(c) mottling of the soils
due to iron in the root zone;
(d)
existence of an important part of the root zone within the capillary fringe or
water table of an alluvial aquifer; or
(e) increase in stream flow or a rise in
ground water levels, shortly after the first killing frost on the valley
floor.
(15) SUBSTANTIAL
LEGAL AND FINANCIAL COMMITMENTS IN A SURFACE COAL MINING OPERATION - means
significant investments that have been made on the basis of a long-term coal
contract in power plants, railroads, coal-handling, preparation, extraction or
storage facilities and capital-intensive activities.
(16) SUBSTANTIALLY DISTURB - means for
purposes of coal exploration, to impact significantly upon land, air or water
resources by such activities as blasting, mechanical excavation, drilling or
altering coal or water exploratory holes or wells, construction of roads and
other access routes, and the placement of structures, excavated earth, or other
debris on the surface of land.
(17)
SUCCESSOR IN INTEREST - means any person who succeeds to rights granted under a
permit, by transfer, assignment, or sale of those rights.
(18) SUITABLE MATERIAL - means subsoil or
geologic material that can be manipulated to form a sufficient amount of soil
size particles with the nutrient capability for supporting desirable vegetation
in compliance with the postmining land use.
(19) SURETY BOND - means an indemnity
agreement in a sum certain payable to the state of New Mexico, executed by the
permittee as principal and which is supported by the performance guarantee of a
corporation licensed to do business as a surety in the state.
(20) SURFACE COAL MINING OPERATIONS - means:
(a) activities conducted on the surface lands
in connection with a surface coal mine or, subject to the requirements of
Section 69-25A-20 NMSA 1978 of the act,
surface operations and surface impacts incident to an underground coal mine,
the products of which enter commerce or the operations of which directly or
indirectly affect interstate commerce; such activities include excavation for
the purpose of obtaining coal, including such common methods as contour, strip,
auger, mountaintop removal, box cut, open pit, and area mining, the use of
explosives and blasting, and in situ distillation or retorting, leaching or
other chemical or physical processing, and the cleaning, concentrating, or
other processing or preparation, loading of coal for interstate commerce at or
near the mine site, provided, these activities do not include the extraction of
coal incidental to the extraction of other minerals, where coal does not exceed
16 2/3 per centum of the tonnage of minerals removed for purposes of commercial
use or sale, or coal exploration subject to Section
69-25A-16 NMSA 1978 of the act;
and provided, further, that excavation for the purpose of obtaining coal
includes extraction of coal from coal refuse piles; and
(b) areas upon which the activities described
in Subparagraph (a) of Paragraph (20) of Subsection S of
19.8.1.7 NMAC occur or where those
activities disturb the natural land surface; these areas shall also include any
adjacent land the use of which is incidental to any such activities, all lands
affected by the construction of new roads or the improvement or use of existing
roads to gain access to the site of those activities and for haulage and
excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse
banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings,
holes or depressions, repair areas, storage areas, processing areas, shipping
areas and other areas upon which are sited structures, facilities, or other
property or material on the surface, resulting from or incident to those
activities.
(21) SURFACE
COAL MINING AND RECLAMATION OPERATIONS WHICH EXIST ON THE DATE OF ENACTMENT -
means all surface coal mining and reclamation operations which were being
conducted on August 3, 1977.
(22)
SURFACE COAL MINING AND RECLAMATION OPERATIONS - means surface coal mining
operations and all activities necessary or incidental to the reclamation of
such operations. This term includes the term surface coal mining
operations.
(23) SURFACE MINING
ACTIVITIES - means those surface coal mining and reclamation operations
incident to the extraction of coal from the earth by removing the materials
over a coal seam, before recovering the coal, by auger coal mining, or by
recovery of coal from a deposit that is not in its original geologic
location.
(24) SURFACE OPERATIONS
AND IMPACTS INCIDENT TO AN UNDERGROUND COAL MINE - means all activities
involved in or related to underground coal mining which are either conducted on
the surface of the land, produce changes in the land surface or disturb the
surface, air or water resources of the area, including all activities listed in
Section 69-25A-3(P) NMSA
1978 of the act and the definition of surface coal mining operations appearing
in 19.8.1.7 NMAC.
(25) SUSPENDED SOLIDS OR NONFILTERABLE
RESIDUE, EXPRESSED AS MILLIGRAMS PER LITER - means organic or inorganic
materials carried or held in suspension in water which are retained by a
standard glass fiber filter in the procedure outlined by the environmental
protection agency's regulations for waste water and analysis ( 40 CFR
136).
T. Definitions
beginning with the letter "T"
(1) TANGIBLE
NET WORTH - means net worth minus intangibles such as goodwill and rights to
patents or royalties.
(2) TEMPORARY
CESSATION OF OPERATIONS - means cessation of mining or reclamation operations
for more than thirty days and where a reasonable expectation of the
continuation of mining can be demonstrated by the permittee.
(3) TEMPORARY DIVERSION - means a diversion
of a stream or overland flow which is used during coal exploration or surface
coal mining and reclamation operations and not approved by the director to
remain after reclamation as part of the approved postmining land use.
(4) TON - means 2000 pounds avoirdupois
(.90718 metric tons).
(5)
TOPDRESSING - means topsoil or other suitable material that has the capability
of sustaining desirable vegetation for the approved postmining land
use.
(6) TOPSOIL - means the "A"
soil horizon layer of the three major soil horizons or other surface soil
material of suitable texture and pH, and lacking concentrations of elements
toxic to plants.
(7) TOXIC-FORMING
MATERIALS - means earth materials or wastes which if acted upon by air, water,
weathering or microbiological processes, are likely to produce chemical or
physical conditions in soils or water that are detrimental to biota or uses of
water.
(8) TOXIC MINE DRAINAGE -
means water that is discharged from active or abandoned mines or other areas
affected by coal exploration or surface coal mining and reclamation operations,
which contains a substance that through chemical action or physical effects is
likely to kill, injure, or impair biota commonly present in the area that might
be exposed to it.
(9) TRANSFER,
ASSIGNMENT, OR SALE OF RIGHTS - means a change in ownership or other effective
control over the right to conduct surface coal mining operations under a permit
issued by the director.
U. Definitions beginning with the letter "U"
(1) UNCONSOLIDATED STREAMLAID DEPOSITS
HOLDING STREAMS - means, with respect to alluvial valley floors, all flood
plains and terraces located in the lower portions of topographic valleys which
contain perennial or other streams with channels that are greater than 3 feet
in bankfull width and greater than 0.5 feet in bankfull depth.
(2) UNDERGROUND DEVELOPMENT WASTE - means
waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone,
or related materials that are excavated, moved and disposed of during
development and preparation of areas incident to underground mining
activities.
(3) UNDERGROUND MINING
ACTIVITIES - means a combination of:
(a)
surface operations incident to underground extraction of coal or in situ
processing, such as construction, use, maintenance and reclamation of roads,
above ground repair areas, storage areas, processing areas, shipping areas,
areas upon which are sited support facilities including hoist and ventilating
ducts, areas utilized for the disposal and storage of waste and areas on which
materials incident to underground mining operations are placed; and
(b) underground operations such as
underground construction, operation and reclamation of shafts, adits,
underground support facilities, in situ processing and underground mining,
hauling, storage, and blasting.
(4) UNDEVELOPED LAND OR NO CURRENT USE OR
LAND MANAGEMENT - means land that is undeveloped or, if previously developed,
land that has been allowed to return naturally to an undeveloped state or has
been allowed to return to forest through natural succession.
(5) UNDEVELOPED RANGELAND - means, for
purposes of alluvial valley floors, lands where the use is not specifically
controlled and managed.
(6) UPLAND
AREAS - means with respect to alluvial valley floors, those geomorphic features
located outside the floodplain and terrace complex, such as isolated higher
terraces, alluvial fans, pediment surfaces, landslide deposits and surfaces
covered with residuum, mud flows or debris flows, as well as highland areas
underlain by bedrock and covered by residual weathered material or debris
deposited by sheetwash, rillwash, or windblown material.
V. Definitions beginning with the letter "V"
(1) VALLEY FILL - means a fill structure
consisting of any material other than coal waste and organic material that is
placed in a valley where side slopes of the existing valley measured at the
steepest point are greater than 20 degrees or the average slope of the profile
of the valley from the toe of the fill to the top of the fill is greater than
10 degrees.
(2) VIOLATION NOTICE -
means any written notification from a governmental entity, whether by letter,
memorandum, judicial or administrative pleading, or other written
communication, of a violation of the act, SMCRA, a state program, or any
federal law, rule, or regulation pertaining to air or water environmental
protection in connection with a surface coal mining operation. It includes, but
is not limited to, a notice of violation; an imminent harm cessation order; a
failure-to-abate cessation order; a final order, bill, or demand letter
pertaining to a delinquent civil penalty; a bill or demand letter pertaining to
delinquent abandoned mine reclamation fees; and a notice of bond forfeiture,
where one or more violations upon which the forfeiture was based have not been
corrected.
(3) VOLUME WHEN USED IN
REFERENCE TO TIMBER - means the board foot volume per square foot of basal area
for each height class of commercial timber trees or volume per acre in cords
for firewood producing trees.
W. Definitions beginning with the letter "W"
(1) WATER TABLE - means the upper surface of
a zone of saturation, where the body of ground water is not confined by an
overlying impermeable zone.
(2)
WILLFUL OR WILLFULLY - means that a person who authorized, ordered or carried
out an act or omission that resulted in either a violation or the failure to
abate or correct a violation acted:
(a)
intentionally, voluntarily, or consciously; and
(b) with intentional disregard or plain
indifference to legal requirements.
(3) WORKING CAPITAL - means the excess of the
operator's current assets over its current liabilities.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.