MULTIPLE SEAM:

In multiple-seam steep slope affected areas, spoil not required to reclaim and restore the permit area may be placed on a pre-existing bench, if approved by the director and if the following requirements are met:

1. A. all excess spoil must be hauled, placed, and retained on the solid bench;
2. B. the spoil must be graded to the most moderate slope so as to eliminate the existing highwall to the extent possible with the available spoil;
3. C. the fill must comply with 19.8.20.2034, 2035, or 2036 NMAC and the other requirements of 19.8.19 NMAC through 19.8.28 NMAC;

4. D. the bench on which the spoil is to be placed must have been created and abandoned due to coal mining prior to August 3, 1977.

   [11-29-97; 19.8.26.2603 NMAC - Rn, 19 NMAC 8.2.26.2603, 9-29-2000]

   HISTORY OF 19.8.26 NMAC:

   Pre-NMAC History:

   The material in Part 26 was derived from that previously filed with the State Records Center and Archives under:

   SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76

   SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78

   SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79

   CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.

   Other History:

   Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations, filed 9-24-80 to 19 NMAC 8.2, Coal Surface Mining, filed 11-13-97.

   Renumbered 19 NMAC 8.2 Subpart 26 Special Performance Standards - Operations on Steep Slopes, filed 11-13-97, to 19.8.26 NMAC Special Performance Standards - Operations on Steep Slopes, effective 09-29-2000.