N.M. Admin. Code § 19.8.24.2400

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

Section 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.

N.M. Admin. Code § 19.8.24.2400

11-29-97; 19.8.24.2400 NMAC- Rn, 19 NMAC 8.2.24.2400, 9-29-2000; A, 1-15-2002