REMOVAL:

1. A. Materials to be removed. Topsoil to be used as topdressing shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the director in accordance with Subsection E of 19.8.20.2005 NMAC. If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.
2. B. Material to be removed in thin topsoil situations. If the topsoil to be used as topdressing is less than 6 inches, a 6-inch layer that includes the A horizon and the suitable unconsolidated materials immediately below the A horizon or the A horizon and all suitable unconsolidated material if the total available is less than 6 inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the director pursuant to Subsection E of 19.8.20.2005 NMAC.
3. C. Timing. If topsoil is to be removed, then it shall be removed from areas to be affected by surface operations or major structures, after vegetative cover that would interfere with the use of the topsoil is cleared from portions of those areas that will be disturbed, but before any drilling for blasting, mining, or other surface disturbance of surface lands.
4. D. Subsoil segregation. The B horizon and portions of the C horizon, if these horizons are present, or other underlying layers demonstrated to have qualities for comparable root development shall be removed and replaced as subsoil, if the director determines that either of these is necessary or desirable to ensure soil productivity consistent with the approved postmining land use.

5. E. Topsoil substitutes and supplements.

   (1) Selected overburden materials may be substituted for or used as a supplement to topsoil, if the director determines that the resulting soil medium is equal to or more suitable for sustaining vegetation than is the available topsoil and the substitute material is the best available to support vegetation. This determination shall be based on:

   (a) the results of chemical and physical analyses of overburden and topsoil. These analyses shall include determinations of pH, net acidity or alkalinity, available phosphorus and potassium, texture class and other analyses as required by the director. The director may also require that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using these overburden materials.

   (b) Methodologies and results of analyses, trials or tests which demonstrate that the proposed substitute material is equal to or more suitable for reclamation and revegetation than is the available topsoil shall be certified by a qualified professional and shall be submitted to the director.

   (2) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements for topsoil under 19.8.20 NMAC.

6. F. Limits on topsoil removal area. Where the removal of vegetative material, topsoil, or other materials may result in accelerated erosion which may cause air or water pollution:

   (1) The size of the area from which topsoil is removed at any one time shall be limited.

   (2) The topdressing shall be distributed at a time when the physical and chemical properties of the topdressing can be protected and erosion can be minimized; and

   (3) Such other measures shall be taken as the director may approve or require to control erosion.

7. G. If it is demonstrated to the director that it is technologically infeasible to remove topsoil or topsoil substitutes from particular slopes without endangering equipment operators or without mixing unsuitable material with such topsoil or topsoil substitutes, segregation and utilization of such material shall not be required.

   [11-29-97; 19.8.20.2005 NMAC - Rn, 19 NMAC 8.2.20.2005, 9-29-2000]