N.M. Admin. Code § 19.8.20.2065 - REVEGETATION: STANDARDS FOR SUCCESS
A. Success of revegetation shall be measured
by techniques identified in the director's "coal mine reclamation program
vegetation standards", as approved by the director after
consultation with appropriate state and federal agencies. Comparison of ground
cover and productivity shall be made on the basis of reference areas or
technical standards developed using an historic record of premining
conditions.
B. Liability period,
ground cover and productivity standards, and normal husbandry practices.
(1) Ground cover and productivity of living
plants on the revegetated area within the permit area shall be equal to the
ground cover and productivity of living plants on the approved reference area
or to technical standards developed in accordance with the "coal mine
reclamation program vegetation standards", as approved by the director. The
period of extended responsibility under the performance bond requirements of
19.8.14 NMAC begins after the last year of augmented seeding, fertilizing,
irrigation, or other work, excluding husbandry practices that are approved by
the director in accordance with Paragraph (6) of Subsection B of
19.8.20.2065 NMAC.
(2) In areas of more than 26.0 inches average
annual precipitation, the period of liability under the performance bond
requirements of 19.8.14 NMAC shall continue for not less than five full years.
Ground cover and productivity shall equal or exceed the approved standard for
two of the last four years of the responsibility period.
(3) In areas of less than or equal to 26.0
inches average annual precipitation, the period of liability under the
performance bond requirements of 19.8.14 NMAC shall continue for not less than
10 full years. Ground cover and productivity shall equal the approved standard
for at least two of the last four years, starting no sooner than year eight of
the responsibility period.
(4) For
purposes of Paragraphs (1), (2) and (3) of Subsection B of
19.8.20.2065 NMAC, the average
annual precipitation can be determined either:
(a) by interpolation, using standard
techniques, from mean annual precipitation map, page 97, "the national atlas of
the United States", U.S. department of the interior, geological survey, 1970;
or from "climatic atlas of the United States", U.S. department of commerce,
national oceanic and atmospheric administration, 1974; or from long-term
precipitation averages from climatological data, U.S. department of commerce,
national oceanic and atmospheric administration; or from other official
records; or
(b) based on at least
10 years of continuous and reliable precipitation records from stations located
in or adjacent to the permit area.
(5) The ground cover and productivity of the
revegetated area shall be considered equal if they are at least 90 percent of
the ground cover and productivity of the reference area with 90 percent
statistical confidence, or ground cover, productivity, or shrubland stocking
are at least 90 percent of the standards developed under Subsection A of
19.8.20.2065 NMAC for an historic
record. Exceptions may be authorized by the director under the following
standards:
(a) for previously mined areas
that were not reclaimed to the requirements of 19.8.20 NMAC, as a minimum the
ground cover of living plants shall not be less than can be supported by the
best available topdressing in the reaffected area, shall not be less that the
ground cover existing before redisturbance, and shall be adequate to control
erosion;
(b) for areas to be
developed for industrial or residential use less than 2 years after regrading
is completed, the ground cover of living plants shall not be less than required
to control erosion; and
(c) for
areas to be used for cropland, success in revegetation of cropland shall be
determined on the basis of crop production from the mined area as compared to
approved reference areas or other technical guidance procedures; crop
production from the mined area shall be equal to or greater than that of the
approved standard for two of the last four growing seasons of the 5 or 10 year
liability period established in Paragraphs (1), (2) and (3) of Subsection B of
19.8.20.2065 NMAC, starting no
sooner than year eight of the 10-year liability period; the applicable 5 or 10
year period of responsibility for revegetation shall commence at the date of
initial planting of the crop being grown;
(d) on areas to be developed for fish and
wildlife management, recreation, shelterbelts or forestland, success of
vegetation shall be determined on the basis of tree, shrub, or half-shrub
stocking and ground cover; the tree, shrub, or half-shrub stocking shall meet
the standards described in
19.8.20.2066 NMAC; vegetative
ground cover shall not be less than that required by the director under
Subsections A and B of
19.8.20.2065 NMAC to meet the post
mining land use;
19.8.20.2065 NMAC shall determine
the responsibility period and the frequency of ground cover
measurement.
(6) The
director has the discretion to approve selective husbandry practices without
extending the period of responsibility for revegetation success or bond
liability. Husbandry practices are those activities that can be expected to
continue as part of the post mining land use, and are employed within the
region for unmined lands having land uses similar to the approved postmining
land use of the disturbed area, to control disease, pest and vermin and
appropriate pruning, reseeding, and transplanting activities. Practices may
also be allowed that will not reduce the probability of permanent revegetative
success if they are discontinued after the liability period expires. Any
practice the director determines to be augmented seeding, fertilization or
irrigation shall not be considered a husbandry practice.
C. The person who conducts surface coal
mining operations shall:
(1) maintain any
necessary fences and proper management practices; and
(2) conduct periodic measurements of
vegetation, soils, and water prescribed or approved by the director, to
identify conditions during the applicable period of liability specified in
Subsection B of
19.8.20.2065 NMAC.
Notes
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