N.M. Code R. § 19.8.20.2059 – Regrading or Stabilizing Rills and Gullies

A. All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.
B. Rills and gullies, which form in areas that have been regraded and topsoiled and which either (1) disrupt the approved postmining land use or the re-establishment of the vegetative cover, or (2) cause or contribute to a violation of water quality standards for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.
C. If it can be demonstrated to the director through acceptable data, that erosion rates on the reclaimed and revegetated area are equal to or less than the erosion rates of surrounding undisturbed land under proper management of equal area, slope, soil type and depth, and that the rills and gullies will not affect compliance with all applicable parts of 19.8 NMAC, the director may waive the requirement of Subsection B of 19.8.20.2059 NMAC.
[11-29-97; 19.8.20.2059 NMAC - Rn, 19 NMAC 8.2.20.2059, 9-29-2000]