N.M. Admin. Code § 19.8.24.2400 - PRIME FARMLAND: SPECIAL REQUIREMENTS
Surface coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:
A. a permit shall be obtained for those
operations under
19.8.10.1004 NMAC;
B. soil materials to be used in the
reconstruction of the prime farmland soil shall be removed before drilling,
blasting or mining, in accordance with
19.8.24.2401 NMAC and in a manner
that prevents mixing or contaminating these materials with undesirable
material; where removal of soil materials results in erosion that may cause air
and water pollution, the director shall specify methods to control erosion of
exposed overburden;
C. the aggregate
total prime farmland acreage shall not be decreased from that which existed
prior to mining; water bodies, if any, to be constructed during mining and
reclamation operations must be located within the post-reclamation non-prime
farmland portions of the permit area; the creation of any such water bodies
must be approved by the regulatory authority and the consent of all affected
property owners within the permit area must be obtained.
Notes
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