N.M. Admin. Code § 19.8.20.2054

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.20.2054 - BACKFILLING AND GRADING: GENERAL REQUIREMENTS

A. Timing of backfilling and grading.

(1) Contour mining. Rough backfilling and grading shall follow coal removal by not more than 60 days or 1,500 linear feet. The director may grant additional time or distance for rough backfilling and grading if the permittee can demonstrate, on the basis of the materials submitted under Paragraph (3) of Subsection B of 19.8.9.906 NMAC, that additional time or distance is necessary.

(2) Open pit mining. Rough backfilling and grading shall occur in accordance with the time schedule approved by the director, on the basis of the materials submitted under Paragraph (3) of Subsection B of 19.8.9.906 NMAC, which shall establish in specific increments the period between removal of coal and completion of backfilling and grading.

(3) Strip mining. Rough backfilling and grading shall be completed within 180 days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. The director may grant additional time or distance for rough backfilling and grading if the permittee can, on the basis of the materials submitted under Paragraph (3) of Subsection B of 19.8.9.906 NMAC, that additional time or distance is necessary; and

(4) Surface areas disturbed incident to underground mining activities shall be backfilled and graded in accordance with the time schedule approved by the director as a condition of the permit.

(5) Final pit at completion of mining. Rough backfilling and grading shall occur in accordance with a time schedule approved by the director based on materials submitted under Paragraph (3) of Subsection B of 19.8.9.906 NMAC.

B. Method for backfilling and grading.

(1) Except as specifically exempted in 19.8.20 NMAC, all disturbed areas shall be returned to their approximate original contour. All spoil shall be transported, backfilled, compacted (where advisable to insure stability or to prevent leaching) and graded to eliminate all spoil piles, depressions and highwalls except:

(a) as provided for in Paragraph (2) of Subsection A of 19.8.20.2055 NMAC;

(b) if small depressions are needed in order to retain moisture to assist revegetation as authorized by the director pursuant to Subsection C of 19.8.20.2055 NMAC.

(2) Backfilled material shall be placed to minimize adverse effects on ground water, minimize off-site effects, and to support the approved postmining land use.

(3) The postmining graded slopes needed not be of uniform slope.

(4) Cut-and-fill terraces may be used only in those situations expressly identified in 19.8.20.2055 NMAC.

N.M. Admin. Code § 19.8.20.2054

11-29-97; A, 12-15-99; 19.8.20.2054 NMAC - Rn, 19 NMAC 8.2.20.2054, 9-29-2000