SPECIAL REQUIREMENTS: Surface coal mining and reclamation operations conducted on prime farmland shall meet the following requirements:

1. A. a permit shall be obtained for those operations under 19.8.10.1004 NMAC;
2. B. soil materials to be used in the reconstruction of the prime farmland soil shall be removed before drilling, blasting or mining, in accordance with 19.8.24.2401 NMAC and in a manner that prevents mixing or contaminating these materials with undesirable material; where removal of soil materials results in erosion that may cause air and water pollution, the director shall specify methods to control erosion of exposed overburden;

3. C. the aggregate total prime farmland acreage shall not be decreased from that which existed prior to mining; water bodies, if any, to be constructed during mining and reclamation operations must be located within the post-reclamation non-prime farmland portions of the permit area; the creation of any such water bodies must be approved by the regulatory authority and the consent of all affected property owners within the permit area must be obtained.

   [11-29-97; 19.8.24.2400 NMAC- Rn, 19 NMAC 8.2.24.2400, 9-29-2000; A, 1-15-2002]