N.M. Admin. Code § 19.8.26.2601 - STEEP SLOPES: PERFORMANCE STANDARDS
Surface coal mining and reclamation operations subject to this part shall comply with requirements of 19.8.5 NMAC and the following, except to the extent a variance is approved under 19.8.26.2602 NMAC.
A. Materials not allowed on downslopes.
(1) The person engaged in surface coal mining
and reclamation operations shall prevent the following materials from being
placed or allowed to remain on the downslope:
(a) spoil;
(b) waste materials, including waste mineral
matter;
(c) debris, including that
from clearing the grubbing of haul road construction; and
(d) abandoned or disabled
equipment.
(2) Nothing
in this subsection shall prohibit the placement of material in road embankments
located on the downslope, so long as the materials used and embankment design
comply with the requirements of 19.8.20.2076 through 2078 NMAC and the material
is moved and placed in a controlled manner.
B. The highwall shall be completely covered
with compacted spoil and the disturbed area graded to comply with the
provisions of 19.8.20.2054 through 2059 NMAC including, but not limited to, the
return of the site, to the approximate original contour. The person who
conducts the surface coal mining and reclamation operations must demonstrate to
the director, using standard geotechnical analysis, that the minimum static
factor of safety for the stability of all portions of the reclaimed land is at
least 1.3.
C. Land above the
highwall shall not be disturbed, unless the director finds that the disturbance
facilitates compliance with environmental protection standards of this part and
the disturbance is limited to that necessary to facilitate
compliance.
D. Material in excess of
that required by the grading and backfilling provisions of Subsection B of
19.8.26.2601 NMAC shall be
disposed of in accordance with the requirements of 19.8.20.2034 through 2037
NMAC.
E. Woody materials shall not
be buried in the backfilled area unless the director determines that the
proposed method for placing woody material beneath the highwall will not
deteriorate the stable condition of the backfilled area as required in
Subsection B of
19.8.26.2601 NMAC. Woody materials
may be chipped and distributed over the surface of the backfill as mulch, if
special provision is made for their use and approved by the director.
F. Unlined or unprotected drainage channels
shall not be constructed on backfills unless approved by the director as stable
and not subject to erosion.
Notes
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