GENERAL REQUIREMENTS:

1. A. Each person who conducts surface coal mining operations shall establish on all affected land a diverse, effective, and permanent vegetative cover of the same aspection native to the area of disturbed land or species that supports the approved postmining land use. For areas designated as prime farmland, the requirements of 19.8.24 NMAC shall apply.

2. B. All revegetation shall be in compliance with the plans submitted under 19.8.9.906 NMAC and 19.8.9.908 NMAC, as approved by the director in the permit, and carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved postmining land use.

   (1) All disturbed land, except water areas and surface areas of roads that are approved as a part of the postmining land use, shall be seeded or planted to achieve a permanent vegetative cover of the same aspection native to the area of disturbed land.

   (2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.

   (3) Vegetative cover shall be considered of the same aspection when it consists of a mixture of species of equal or superior utility for the approved postmining land use, when compared with the utility of naturally occurring vegetation during each season of the year.

   (4) If both the premining and postmining land uses are cropland, the reclaimed land shall have the capability of meeting or exceeding the pre-mining crop production.

3. C. The re-established plant species shall:

   (1) be compatible with the approved postmining land use;

   (2) have the same seasonal characteristics of growth as the original vegetation;

   (3) be capable of self-regeneration and plant succession;

   (4) be compatible with the plant and animal species of the area; and

   (5) meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations.

   [11-29-97; 19.8.20.2060 NMAC - Rn, 19 NMAC 8.2.20.2060, 9-29-2000]