LIMITED VARIANCES:

Persons may be granted variances from the approximate original contour requirements of Subsection B of 19.8.26.2601 NMAC for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under 19.8.10.1003 NMAC.

1. A. The highwall shall be completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3 using standard geotechnical analyses.
2. B. The watershed control of the area within which the mining occurs shall be improved by reducing the peak flow from precipitation or thaw and reducing the total suspended solids or other pollutants in the surface water discharge during precipitation or thaw. The total volume of flow during every season of the year shall not vary in a way that adversely affects the ecology of any surface water or any existing or planned public or private use of surface or ground water.

3. C. Land above the highwall may be disturbed only to the extent that the director deems appropriate and approves as necessary to facilitate compliance with the provisions of this part and if the director finds that the disturbance is necessary to:

   (1) blend the solid highwall and the backfilled material;

   (2) control surface runoff; or

   (3) provide access to the area above the highwall.

4. D. The landowner of the permit area has requested, in writing, as part of the permit application under 19.8.10.1003 NMAC, that the variance be granted.
5. E. The operations are conducted in full compliance with a permit issued in accordance with 19.8.10.1003 NMAC.

6. F. Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the act and these rules and regulations shall be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with 19.8.20.2034 through 2037 and 2054 and 2055 NMAC.

   [11-29-97; 19.8.26.2602 NMAC -Rn, 19 NMAC 8.2.26.2602, 9-29-2000]