N.M. Admin. Code § 19.8.9.908

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

Section 19.8.9.908 - RECLAMATION PLAN: POSTMINING LAND USES

A. Each plan shall contain a detailed description of the proposed use, following reclamation of the land within the proposed permit area for surface mining activities or for underground mining activities, the areas to be affected within the proposed permit area by surface operations or facilities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

(1) how the proposed postmining, land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

(2) for surface mining activities, where range or grazing is the proposed postmining use, the detailed management plans to be implemented;

(3) where a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use under 19.8.20.2075 NMAC; and

(4) the consideration which has been given to making all of the proposed surface coal mining operations consistent with surface owner plans and applicable state and local land use plans and programs.

B. The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area for surface mining activities or for underground mining activities, the areas to be affected within the proposed permit area by surface operations or facilities, and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation, unless such owners and agencies fail to make such comments within 30 days.

N.M. Admin. Code § 19.8.9.908

11-29-97; A, 12-15-99; 19.8.9.908 NMAC- Rn, 19 NMAC 8.2.9.908, 9-29-2000