N.M. Admin. Code § 19.8.20.2076

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

Section 19.8.20.2076 - ROADS: GENERAL

A. Road classification system.

(1) Each road shall be classified as either a primary road or an ancillary road.

(2) A primary road is any road which is:

(a) used for transporting coal or spoil, except for the portions of those roads located within coal spoil and coal processing waste disposal areas;

(b) frequently used for access or other purposes for a period in excess of six (6) months, with the exception of those roads the sole surface coal mining operation use of which is for exploration purposes; or

(c) to be retained for an approved postmining land use.

(3) An ancillary road is any road not classified as a primary road

B. Performance standards. Roads shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) control or prevent erosion, siltation and the air pollution attendant to erosion by vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practice;

(2) control or prevent damage to fish, wildlife or their habitat and related environmental values;

(3) control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) neither cause nor contribute to, directly or indirectly, the violation of state or federal water quality standards applicable to receiving waters;

(5) minimize the diminution to or degradation of the quality or quantity of surface and ground-water systems;

(6) refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) prevent or control damage to public or private property; and

(8) use nonacid- or nontoxic-forming substances in road surfacing.

C. Design and construction limits and establishment of design criteria. To ensure environmental protection and safety appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any necessary design criteria established by the director.

D. Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the director in accordance with 19.8.20.2009 through 2012, and 2025 NMAC.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

E. Maintenance.

(1) A road shall be maintained throughout its life to meet the performance standards of 19.8.20 NMAC and any additional criteria specified by the director.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

F. Reclamation. A road not to be retained for use under an approved postmining land use shall be reclaimed immediately after it is no longer needed for mining and reclamation operations, including:

(1) closing the road to traffic;

(2) removing all bridges and culverts;

(3) restoring the natural drainage patterns;

(4) reshaping all cut and fill slopes to be compatible with the postmining land use and to complement the drainage pattern, of the surrounding terrain, and

(5) scarifying or ripping the roadbed; replacing topsoil or substitute material; and revegetating disturbed surfaces in accordance with 19.8.20.2005 through 2008 and 2060 through 2066 NMAC.

(6) removing or otherwise disposing of road surfacing materials that are incompatible with the postmining land use and revegetation requirements; and

(7) protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion.

N.M. Admin. Code § 19.8.20.2076

11-29-97; Rn, 19 NMAC 8.2.20.2074, 12-15-99; 19.8.20.2076 NMAC - Rn, 19 NMAC 8.2.20.2076, 9-29-2000