N.M. Admin. Code § 19.8.20.2057 - BACKFILLING AND GRADING: THIN OVERBURDEN
A. The provisions of
19.8.20.2057 NMAC apply only where
the overburden thickness times the swell factor, plus the thickness of other
available waste materials, is less than the combined thickness of the
overburden and coal bed prior to removing the coal and only when surface mining
activities cannot be carried out to comply with
19.8.20.2054 NMAC to achieve the
approximate original contour.
B. In
surface mining activities carried out continuously in the same limited pit area
for more than 1 year from the day coal-removal operations begin and where the
volume of all available spoil and suitable waste materials over the permit area
is demonstrated to be insufficient to achieve the approximate original contour
of the lands disturbed, surface mining activities shall be conducted to meet,
at a minimum, the following standards:
(1)
haul or convey, backfill, and grade, using all available spoil and suitable
waste materials from the entire mine area, to attain the lowest practicable
stable grade, to achieve a static safety factor of 1.3, and to provide adequate
drainage and long- term stability of the regraded areas and cover all
acid-forming and toxic-forming materials.
(2) except as provided in Paragraph (2) of
Subsection A of
19.8.20.2055 NMAC, eliminate
highwalls by grading or backfilling to stable slopes not exceeding 1v:2h (50
percent), or such lesser slopes as the director may specify to reduce erosion,
maintain the hydrologic balance, or allow the approved postmining land
use.
(3) haul or convey, backfill,
grade, and revegetate in accordance with 19.8.20.2060 through 2066 NMAC, to
achieve an ecologically sound land use compatible with the prevailing use in
unmined areas surrounding the permit area; and
(4) haul or convey, backfill, and grade, to
ensure impoundments are constructed only where:
(a) it has been demonstrated to the
director's satisfaction that all requirements of 19.8.20.2009 through 2024 NMAC
have been met; and
(b) the
impoundments have been approved by the director as suitable for the approved
postmining land use and as meeting the requirements of 19.8.20 NMAC and all
other applicable federal and state laws and regulations.
Notes
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