PERFORMANCE STANDARDS: Surface coal mining and reclamation operations subject to this part shall comply with requirements of 19.8.5 NMAC and the following, except to the extent a variance is approved under 19.8.26.2602 NMAC.

1. A. Materials not allowed on downslopes.

   (1) The person engaged in surface coal mining and reclamation operations shall prevent the following materials from being placed or allowed to remain on the downslope:

   (a) spoil;

   (b) waste materials, including waste mineral matter;

   (c) debris, including that from clearing the grubbing of haul road construction; and

   (d) abandoned or disabled equipment.

   (2) Nothing in this subsection shall prohibit the placement of material in road embankments located on the downslope, so long as the materials used and embankment design comply with the requirements of 19.8.20.2076 through 2078 NMAC and the material is moved and placed in a controlled manner.

2. B. The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of 19.8.20.2054 through 2059 NMAC including, but not limited to, the return of the site, to the approximate original contour. The person who conducts the surface coal mining and reclamation operations must demonstrate to the director, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3.
3. C. Land above the highwall shall not be disturbed, unless the director finds that the disturbance facilitates compliance with environmental protection standards of this part and the disturbance is limited to that necessary to facilitate compliance.
4. D. Material in excess of that required by the grading and backfilling provisions of Subsection B of 19.8.26.2601 NMAC shall be disposed of in accordance with the requirements of 19.8.20.2034 through 2037 NMAC.
5. E. Woody materials shall not be buried in the backfilled area unless the director determines that the proposed method for placing woody material beneath the highwall will not deteriorate the stable condition of the backfilled area as required in Subsection B of 19.8.26.2601 NMAC. Woody materials may be chipped and distributed over the surface of the backfill as mulch, if special provision is made for their use and approved by the director.

6. F. Unlined or unprotected drainage channels shall not be constructed on backfills unless approved by the director as stable and not subject to erosion.

   [11-29-97; 19.8.26.2601 NMAC - Rn, 19 NMAC 8.2.26.2601, 9-29-2000; A, 12-31-2007]