N.M. Admin. Code § 19.8.20.2005 - TOPSOIL: REMOVAL
A.
Materials to be removed. Topsoil to be used as topdressing shall be removed in
a separate layer from the areas to be disturbed, unless use of substitute or
supplemental materials is approved by the director in accordance with
Subsection E of
19.8.20.2005 NMAC. If use of
substitute or supplemental materials is approved, all materials to be
redistributed shall be removed.
B.
Material to be removed in thin topsoil situations. If the topsoil to be used as
topdressing is less than 6 inches, a 6-inch layer that includes the A horizon
and the suitable unconsolidated materials immediately below the A horizon or
the A horizon and all suitable unconsolidated material if the total available
is less than 6 inches, shall be removed and the mixture segregated and
redistributed as the surface soil layer, unless topsoil substitutes are
approved by the director pursuant to Subsection E of
19.8.20.2005 NMAC.
C. Timing. If topsoil is to be removed, then
it shall be removed from areas to be affected by surface operations or major
structures, after vegetative cover that would interfere with the use of the
topsoil is cleared from portions of those areas that will be disturbed, but
before any drilling for blasting, mining, or other surface disturbance of
surface lands.
D. Subsoil
segregation. The B horizon and portions of the C horizon, if these horizons are
present, or other underlying layers demonstrated to have qualities for
comparable root development shall be removed and replaced as subsoil, if the
director determines that either of these is necessary or desirable to ensure
soil productivity consistent with the approved postmining land use.
E. Topsoil substitutes and supplements.
(1) Selected overburden materials may be
substituted for or used as a supplement to topsoil, if the director determines
that the resulting soil medium is equal to or more suitable for sustaining
vegetation than is the available topsoil and the substitute material is the
best available to support vegetation. This determination shall be based on:
(a) the results of chemical and physical
analyses of overburden and topsoil. These analyses shall include determinations
of pH, net acidity or alkalinity, available phosphorus and potassium, texture
class and other analyses as required by the director. The director may also
require that results of field-site trials or greenhouse tests be used to
demonstrate the feasibility of using these overburden materials.
(b) Methodologies and results of analyses,
trials or tests which demonstrate that the proposed substitute material is
equal to or more suitable for reclamation and revegetation than is the
available topsoil shall be certified by a qualified professional and shall be
submitted to the director.
(2) Substituted or supplemental material
shall be removed, segregated, and replaced in compliance with the requirements
for topsoil under 19.8.20 NMAC.
F. Limits on topsoil removal area. Where the
removal of vegetative material, topsoil, or other materials may result in
accelerated erosion which may cause air or water pollution:
(1) The size of the area from which topsoil
is removed at any one time shall be limited.
(2) The topdressing shall be distributed at a
time when the physical and chemical properties of the topdressing can be
protected and erosion can be minimized; and
(3) Such other measures shall be taken as the
director may approve or require to control erosion.
G. If it is demonstrated to the director that
it is technologically infeasible to remove topsoil or topsoil substitutes from
particular slopes without endangering equipment operators or without mixing
unsuitable material with such topsoil or topsoil substitutes, segregation and
utilization of such material shall not be required.
Notes
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