N.M. Admin. Code § 19.8.9.906

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

Section 19.8.9.906 - RECLAMATION PLAN: GENERAL REQUIREMENTS

A. Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with Sections 69-25A-19 and 69-25A-20 NMSA 1978 of the act and 19.8.1 through 19.8.35 NMAC. The plan shall include, at a minimum, all information required under 19.8.9.906 through 918 NMAC.

B. Each plan shall contain the following information for the proposed permit area:

(1) a detailed timetable for the completion of each major step in the reclamation plan;

(2) a detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under 19.8.14 NMAC;

(3) a plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 19.8.20.2054 through 2059 NMAC;

(4) a plan for removal, storage, protection and redistribution of topsoil, subsoil, and other material suitable for topsoil to meet the requirements of 19.8.20.2004 through 2008 NMAC;

(5) a plan for revegetation as required in 19.8.20.2060 through 2066 NMAC, including, but not limited to, descriptions of the:

(a) schedule of revegetation;

(b) species and amounts per acre of seeds and seedlings to be used;

(c) methods to be used in planting and seeding;

(d) mulching techniques;

(e) irrigation, if appropriate, and pest and disease control measures, if any;

(f) measures proposed to be used to determine the success of revegetation, as required in 19.8.20.2065 NMAC, and

(g) a soil testing plan for evaluation of the results of topdressing handling and reclamation procedures related to revegetation.

(6) a description of measures to be used to maximize the use and conservation of the coal resource as required in 19.8.20.2027 NMAC;

(7) a description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 19.8.20.2046 and 2056 NMAC, and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(8) a description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with 19.8.20.2001 through 2003 NMAC; and

(9) a description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et seq.), the Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and all applicable air and water quality laws and regulations and health and safety standards.

N.M. Admin. Code § 19.8.9.906

11-29-97; 19.8.9.906 NMAC - Rn, 19 NMAC 8.2.9.906, 9-29-2000; A, 1-15-2002