OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT
Annual Evaluation Report For The
Regulatory Program
Administered by the State
Of
New Mexico
For
Evaluation Year 2013
(July 1, 2012, through June 30, 2013)
Prepared by
Program Support Division
(October 30, 2013)
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EXECUTIVE SUMMARY
New Mexico’s Regulatory Program
Evaluation Year 2013
The following summary captures the highlights of the Evaluation Year 2013 (EY 2013) Annual
Evaluation Report for the New Mexico Regulatory Program. The report covers the period July 1, 2012, to
June 30, 2013. Based on the oversight topics evaluated for EY 2013, the New Mexico Mining and
Mineral Division (MMD) continues to achieve the regulatory and reclamation goals of the Surface
Mining Control and Reclamation Act of 1977 (SMCRA), including the protection of the public and the
environment from the adverse effects of coal mining.
Overview of Public Participation and Outreach Efforts
MMD performed outreach to citizens and communities, operators, and stakeholders by providing
opportunities to discuss issues, participating in programs that help to educate the public about mining, and
coordinating with other state and federal agencies involved in coal extraction. MMD also has completed
scanning all its paper records and placed all of this information into an electronic records management
system. This system now enables MMD to provide electronic formatted copies of all historic and current
permit information to mine operators, OSM, and the public.
Major Accomplishments and Innovations
The New Mexico Coal Program continues to be a progressive leader on technology, as demonstrated
through their current technology development of Coal Combustion Byproduct (CCB) Disposal
Reclamation and Geomorphic Reclamation. New Mexico’s Coal Program Manager, Dave Clark, was
awarded OSM’s Environment, Community, Humanity, and Ownership (ECHO) Award for his continued
work to enhance environmental protection and coal mine reclamation. Mr. Clark was also elected by the
Western Region Technology Team (WRTT) to represent the team as a member of the Applied Sciences
proposal review team.
In 2010, MMD made significant progress in an on-going investigation into the practice of using Coal
Combustion Byproducts (CCBs) or “coal ash” as part of mine fill at coal mines. MMD, in cooperation
with U.S. Geological Survey (USGS) and the University of New Mexico (UNM), initiated a multi-year
hydrologic investigation to evaluate the potential impacts of coal ash to groundwater at the San Juan Mine
because of concerns expressed by citizens and regulatory agencies. Based on the final UNM report in
2012, there is evidence that the potential for contamination of the underlying regional aquifer at the San
Juan Mine (SJM) site is minimal. Still to come is the USGS groundwater modeling study at SJM which is
anticipated to extend through FY 2014. The results of that report are expected to show whether or not
groundwater flow from the mine could allow metals that may be leached from CCBs disposed of in
reclaimed mine pits to reach wells or aquifers offsite. The final USGS study findings will utilize the
UNM hydrology and water quality findings related to CCB disposal practices at SJM to produce a
predictive model for impacts of CCB disposal on an aquifer and a guide for long-term water monitoring
efforts. Both of these studies provide MMD invaluable unbiased scientific data and will be used to ensure
that long-term groundwater quality is protected and off-site impacts are prevented.
Off-Site Impacts
One hundred percent of the eight inspectable units were free of negative off-site impacts during the
evaluation year. Accordingly, no negative off-site impacts were recorded.
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Reclamation Success
OSM’s Directive Reg-8 uses acres of phased bond release as a measurement for successful reclamation.
Specifically, how many acres have achieved return to land form/ approximate original contour, land
capability (post-mine land use) and hydrologic reclamation. According to the New Mexico Coal Rules
and Regulations, phased bond release is defined as:
Phase I – When the permittee completes the backfilling, regrading (which may include the
Replacement of topsoil) and drainage control of a bonded area in accordance with the approved
reclamation plan, 60 percent of the bond or collateral for the applicable area.
Phase II – When the permittee has established vegetation on the regraded mined lands in accordance
with the approved reclamation plan.
Phase III – The remaining portion of the bond may be released after the permittee has successfully
completed all surface coal mining and reclamation activities.
In New Mexico, the following figures address the cumulative totals for bond release by phase:
Phase I – 10,845 ac. or 38.1 percent of total disturbance,
Phase II – 6,882 ac. or 24.2 percent of total disturbance,
Phase III – 4,201 ac. or 14.8 percent of total disturbance.
Contemporaneous Reclamation
Currently in New Mexico, a total of 80,253 acres have been permitted, with approximately 28,457 acres
(35.4%), disturbed by mining activity to date. Of these disturbed acres, approximately 19,998 acres have
been backfilled, graded, topsoiled and seeded; or 70.3 percent of the lands disturbed have been reclaimed
to the point of establishing vegetation. This ratio of disturbed vs. reclaimed (seeded) acres is a measure of
how contemporaneous (timely) the State’s mines are reclaiming acres to the point of establishing
vegetation. Once the revegetated acres have fulfilled their 10 year liability period and met other
requirements, they may be available for Phase III or final bond release. Approximately 8.6 percent of the
cumulative disturbed lands on New Mexico coal mines consist of facilities, such as buildings, ponds, haul
roads, soil and overburden stockpiles and other long-term disturbances. These disturbances are necessary
in the operation of the mine until mining operations are completed. The total current size of all New
Mexico coal facilities is reported as 2,457 acres. When subtracting the acreage of the facilities from the
cumulative disturbance, the ratio of reclamation to net disturbance is 0.77, or 77 percent of the cumulative
acres disturbed (minus coal facilities) in New Mexico have been reclaimed to the point of being
backfilled, graded and seeded.
Customer Service
During EY 2013, New Mexico did not receive any citizen complaints.
Program Amendments
During EY 2013, New Mexico did not have any state program amendments.
Topic Specific Oversight Reviews
For EY 2013, an on-going topic-specific oversight review included the San Juan Coal Combustion
Byproduct (CCB) Disposal Evaluation because of concerns raised in 2010, by citizen and regulatory
agencies. Also for EY 2013, the Permitting Process Review for the San Juan Mine Significant Permit
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Revision was evaluated as a topic-specific oversight element. The OSM review of San Juan’s CCB
Disposal found that San Juan Mine was meeting permit requirements for CCB disposal and monitoring of
those CCB disposal sites; therefore, OSM concluded that MMD was effectively implementing its New
Mexico Program through compliance with reclamation performance standards pursuant to New Mexico
Administrative Code (NMAC) 19.8.20.2054. OSM’s Permitting Process Review for the San Juan Mine
Significant Permit Revision tentatively found that MMD is successfully implementing its New Mexico
program through compliance with regulatory requirements of NMAC 19.11.1100 through 19.11.1106.
However, MMD’s approval of this significant permit revision took place after the current evaluation year;
therefore, OSM will finalize its evaluation of the significant permit revision process in EY 2014.
Regulatory Program Issues
During EY 2013, New Mexico did not have any regulatory program issues.
OSM Assistance
For the 12-month grant period starting July 1, 2012 (Fiscal Year 2012), New Mexico received an
Administration and Enforcement Grant of $850,000.00 for permitting, inspection, and other activities that
it performs for coal mines. MMD received 100 percent funding from OSM for the New Mexico
Abandoned Mine Lands (AML) Program for Fiscal Year 2012 in the amount of $4,819,272.08. OSM
also provided MMD with free-of-charge technical training courses, use of technical equipment, and
library reference materials upon request.
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TABLE OF CONTENTS
I. Introduction………………………………………………………………………….…………6
II. Overview of Coal Mining in New Mexico…………………………………………………......7
III. Overview of Public Participation in the New Mexico Program…………………………..…....8
A. Evaluation process……………………………………………………………………..8
B. New Mexico program………………………………………………………………….8
IV. Major Accomplishments and Innovations in the New Mexico Program………….....................8
A. Accomplishments…………………………………………………………………..…..…..8
B. Innovations………………………………………………………………………..…..…....8
V. Success in Achieving the Purposes of SMCRA……………………………………………......8
A. Preventing Off-site Impacts………………………………………………………..…..9
B. Ensuring Reclamation Success…………………………………………………….…10
C. Providing Customer Service………………………………………………………….11
VI. National Measurement Elements and Topic-Specific Reviews………………………………11
A. Off-site impacts – Program Effectiveness in Preventing Off-site Impacts…………..12
B. Reclamation Success – Program Effectiveness in Ensuring Reclamation Success
Procedures……………………………………………………………………………12
C. Customer Service – Program Effectiveness in Providing Customer Service as it
Relates to Citizen Complaints and Outreach………………………………………....13
D. San Juan Mine CCB Disposal Evaluation – Program Effectiveness in
Ensuring Compliance with Regulatory Requirements for CCB Disposal
Reclamation…………………………………………………………………………..14
E. Permitting Process Review for the San Juan Mine Significant Revision – Program
Effectiveness in Compliance with Regulatory Requirements………..……………....15
VII. Regulatory Program Problems and Issues…………………………………………………….15
VIII. OSM Assistance……………………………………………………………………………….15
Appendix 1: Tabular Summary of Core Data to Characterize the New Mexico Program………….…17
Appendix 2: EY 2013 New Mexico Reclamation Status Table…………………………………….…56
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I. Introduction
The Surface Mining Control and Reclamation Act of 1977 (SMCRA) created the Office of Surface
Mining Reclamation and Enforcement (OSM) in the Department of the Interior. SMCRA provides
authority to OSM to oversee the implementation of and provide Federal funding for state regulatory
programs that have been approved by the Secretary of the Interior as meeting the minimum standards
specified by SMCRA. OSM’s Program Support Division (PSD) located in the Western Region (WR) and
the New Mexico Mining and Minerals Division (MMD) work together to conduct annual evaluations of
MMD’s Coal Regulatory Program (Program). Our team approach is used to evaluate how effective MMD
is in ensuring that off-site impacts are prevented, coal mine reclamation is successful, and service to its
customers is provided. OSM and MMD make recommendations for improving the administration,
implementation, and maintenance of the Program. OSM and MMD cooperatively solicit public
participation; select evaluation topics and inspection sites; conduct topic evaluations and joint inspections;
and report, discuss, and track off-site impacts. This evaluation method fosters a shared commitment to the
implementation of SMCRA.
This report contains summary information regarding the New Mexico Program and the effectiveness of
the New Mexico Program in meeting the applicable purposes of SMCRA as specified in section 102.
This report covers the period July 1, 2012, through June 30, 2013. Detailed background information and
comprehensive reports for the program elements evaluated during the period are available for review and
copying at OSM’s WR-PSD, 1999 Broadway, Suite 3320, Denver, Colorado, 80202 or at the following
OSM website: http://odocs.osmre.gov/.
The following abbreviations and acronyms are used in this report:
AML Abandoned Mine Land
APR Apparent Completeness Review
AVS Applicant Violator System
BTU British Thermal Unit
CCBs Coal Combustion By-products
CFR Code of Federal Regulations
CMRB Coal Mine Reclamation Bureau
CO Cessation Order
ECHO Environment, Community, Humanity, and Ownership
EMNRD Energy, Minerals and Natural Resources Department
EY Evaluation Year
FY Fiscal Year
GIS Geographic Information System
GPRA Government Performance Review Act
GPS Global Positioning System
JPEG Joint Photographic Experts Group
MMD Mining and Minerals Division
MOU Memorandum of Understanding
NMAC New Mexico Administrative Code
NOV Notice of Violation
NTTP National Technical Training Program
NTTT Nation Technology Transfer Team
OSM Office of Surface Mining Reclamation and Enforcement
PDF Portable Document Format
PSD Program Support Division
SJM San Juan Mine
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SMCRA Surface Mining Control and Reclamation Act of 1977
TDN Ten-Day Notice
TIPS Technical Innovation and Professional Services
UNM University of New Mexico
USGS United States Geological Survey
WR Western Region Office
WRTT Western Region Technology Transfer
II. Overview of Coal Mining in New Mexico
Coal production has played a significant role in the economic development of New Mexico beginning in
the 1850s and continuing to the present. It is one of the four mineral fuels produced in New Mexico,
ranking third in value behind natural gas (including coalbed methane) and crude oil. Coal resources
underlie 12 percent (14.6 million acres) of the state's total area. The demonstrated coal reserve base in
New Mexico is 4.65 billion tons or about one percent of the national reserves.
Most of the coal is in northern New
Mexico, primarily in the San Juan and
Raton basins. Several minor coal fields
outside these basins have had significant
production in the past, and some may
become important in the future, in
particular for coalbed methane
production.
The main coal-bearing strata are the
Mesa Verde and Fruitland formations in
the San Juan Basin and the Raton and
Vermejo formations in the Raton area.
San Juan Basin coal generally ranges
from sub-bituminous A to high volatile
bituminous C. Bituminous coal burns
hotter (11,500 to 13,000 BTU) than the
sub-bituminous varieties (8,300 to
11,500 BTU).
There are nine permitted coal mines in New Mexico. Four mines, Lee Ranch, Navajo, San Juan
Underground, and El Segundo were producing coal at the end of 2012. The Navajo Mine is located on the
Navajo Indian Reservation. OSM, not the State of New Mexico, regulates this mine. The other five mines
are in reclamation and are awaiting final bond release; they are Ancho, York Canyon Surface, York
Canyon Underground, McKinley, and La Plata.
The mines mentioned above are in an arid and dry climate with an average annual precipitation ranging
from 7.72 to 9.80 inches. Most of the precipitation is in the form of thundershowers from July to
September. Re-vegetation in parts of the San Juan Basin is extremely difficult because of low rainfall
amounts and highly erodible soil types.
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III. Overview of Public Participation and Outreach Efforts
Public Participation Evaluation Process
Each year OSM and MMD solicit comments or suggestions through an annual mailing to interested
parties and through outreach notifications published on OSM’s web page. We seek comments from
persons and groups who may have an interest in coal mining and, specifically, an interest in the oversight
process. OSM mailed outreach letters to coal mining stakeholders (state, federal, and local governmental
agencies, coal mine permittees, environmental groups, consulting firms, and coal mining trade groups)
soliciting input for topics to evaluate during EY 2013, and soliciting any questions or comments on
previous oversight reports or the OSM/MMD oversight process. OSM received no responses to its letters
soliciting comments, nor did OSM receive any comments in response to the outreach through our web
page. Copies of Performance Agreements and Annual Evaluation Summary Reports are available for
review in the evaluation files maintained at the WR-PSD. Also, these reports are available at the
following OSM website: http://odocs.osmre.gov/.
New Mexico’s Public Participation Outreach Efforts
Public outreach is an important component of New Mexico’s Program. To support its public outreach
effort MMD has had a public facing web page for many years. During EY 2013, outreach to mine
operators and the public regarding current and proposed mining operations has been expanded by making
more information available on MMD’s webpages. Projects can now be tracked by status or county, and
project documents are downloadable.
IV. Major Accomplishments and Innovations in the New Mexico Program
Accomplishments
MMD’s Coal Program Manager, Dave Clark, was awarded OSM’s Environment, Community, Humanity,
and Ownership (ECHO) Award for his continued work to enhance environmental protection and coal
mine reclamation. This is the first time OSM has recognized an individual for advocacy of the appropriate
balance between meeting the Nation’s need for energy without compromising protection of people, the
environment, and the surrounding community. OSM chose the honoree after receiving nominations from
OSM staff. Nominations and the final choice were based on the individual’s demonstration of one or
more of the following attributes: public service, sustained engagement, non-partisan, major contribution,
advocate of the law, protection of society, innovative solutions, and environmental protection.
During EY 2013, the New Mexico Coal Program had no off-site impacts, met or exceeded the required
inspection frequency, and had no citizen complaints because of its successful customer service.
Innovations
In 2010, MMD initiated a four year program to characterize coal combustion by-product (CCB) disposal
at SJM because citizen and regulatory concerns about CCB disposal at San Juan Mine (SJM), as well as a
lawsuit brought by the Sierra Club. The CCB disposal has been ongoing for the past 35 years at SJM and
is a high profile issue throughout the United States. As part of this four year program, MMD funded two
research grants; one with the University of New Mexico (UNM) and the other with the U.S. Geological
Survey (USGS). The focus of both of these studies is the effects of CCB impacts to hydrology. The
research findings will provide MMD invaluable unbiased scientific data, which will be used to ensure that
long-term groundwater quality is protected and off-site impacts are prevented.
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The UNM study at San Juan Mine (SJM) was completed in March 2012, and the final report, titled
Analysis of Coal Combustion By-Products Disposal Practices at the San Juan Mine: Hydrologic & Water
Quality Issues, was submitted to MMD in the Fall of 2012. The UNM final report described results of an
investigation of CCBs generated by the San Juan Generating Station in northwestern New Mexico. CCBs
from the power plant are disposed in mined out areas of the SJM. UNM’s objective was to determine the
potential for leachate from CCB disposal to contaminate underlying groundwater. This was done by: 1)
measuring the physical characteristics of fresh and buried CCBs that affect their unsaturated hydraulic
properties; 2) determining the chemical, mineralogical, and leaching characteristics of these materials,
and 3) developing a numerical simulation of water migration through an unsaturated column of cover
material and buried CCBs. The results of the study showed very low (or possibly zero) downward flow of
ground water through the unsaturated waste predicted by the modeling study and low concentrations of
contaminants in leachates from buried CCBs. These results provide evidence that the potential for
contamination of the underlying regional aquifer at this site is small.
For this evaluation year, the USGS is continuing to compile groundwater recharge modeling data at SJM.
At the completion of the USGS study, anticipated to extend through FY 2014, there will be an
explanation of whether or not the groundwater flow paths would allow metals from CCBs stored in
reclaimed mine pits to impact groundwater offsite. USGS’s final groundwater flow findings, in
combination with UNM’s final hydrology and water quality findings will be used to develop a predictive
model for impacts of CCB disposal on an aquifer and a guide for long-term water monitoring efforts.
State Program Amendments
For this evaluation year (EY 2013) MMD had no state program amendments.
V. Success in Achieving the Purposes of SMCRA
OSM and MMD evaluated the number and extent of observed off-site impacts; the number and
percentage of inspectable units free of off-site impacts; the number of acres that have been mined,
reclaimed, met the bond release requirements, and have been released for the various phases of bond
release; and the effectiveness of customer service provided by the State.
To validate the credibility of state regulatory programs and enhance federal oversight improvement
efforts, OSM announced in November 2009 that it would immediately increase the number of oversight
inspections that it performs. OSM also began conducting independent, unannounced oversight
inspections. OSM schedules and conducts these inspections at independently selected mine sites.
Independent inspections are intended to provide observations and insight into the effectiveness of state
regulatory programs by evaluating the current compliance status of mines in each state. OSM continued
these oversight efforts during EY 2013.
OSM conducted one independent complete and two joint partial inspections of coal mining and
reclamation operations in New Mexico during EY 2013. Additionally, OSM conducted one special focus
oversight evaluation topic site visit to evaluate SJM’s compliance with regulatory requirements for ash
disposal reclamation and ash disposal monitoring. No enforcement actions were taken by OSM as a result
of the field inspections or the special focus oversight evaluation, indicating that MMD is effectively
implementing and enforcing its Program. During EY 2013, one notice of violation (NOV) was issued to
Lee Ranch Mine for failure to protect a cultural resource site until written approval from MMD to disturb
the site was obtained. However, no Ten-day notices (TDN’s) were issued by OSM.
A. Off-site Impacts
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An “off-site impact” is anything resulting from a surface coal mining and reclamation activity or
operation that causes a negative effect on resources (people, land, water, structures) outside the area
authorized by the permit for conducting mining and reclamation activities.
Table 5, Appendix 1 shows the number and types of off-site impacts that were observed and documented
as having occurred during EY 2013, both for permitted sites and bond forfeiture sites. No off-site impacts
were observed at New Mexico mines.
Sites Where Reclamation Performance Bonds Have Not Been Forfeited
OSM and MMD assessed whether off-site impacts had occurred on each of the eight non-forfeited mine
sites that existed at some time during the evaluation period. This was accomplished through the
following on-the-ground observations: one independent, unannounced complete OSM inspection; 32
MMD complete inspections, 64 MMD partial inspections, including two OSM and MMD joint, partial
inspections (Table 10, Appendix 1); and one special focus evaluation observation discussed in section VI
below. Based on the above observations and OSM’s monthly review of all MMD inspection reports and
enforcement actions, OSM finds that there have been no off-site impacts associated with any New Mexico
mines during this evaluation period as reflected in Table 5 of Appendix 1. OSM also finds that MMD has
met or exceeded the required inspection frequency on all inspectable units, which would identify and
assess any off-site impacts.
Sites Where Reclamation Performance Bonds Have Been Forfeited
Since 1980 when OSM approved the New Mexico permanent regulatory program, MMD has processed a
single bond forfeiture, and then reclaimed the mine (Arroyo No. 1), beginning in 1980.
During EY 2013, there were no forfeited mines to inspect in New Mexico, see Table 10, Appendix 1. The
absence of forfeited mines results in no forfeited mine off-site impacts, which is represented on the
bottom half of Table 5, Appendix 1. For previous evaluation years, OSM and MMD found no forfeited
mine off-site impacts.
B. Reclamation Success
Sites Where Reclamation Performance Bonds Have Not Been Forfeited
1. Bond Releases
For operations where reclamation performance bonds have not been forfeited, OSM and MMD
used the measure of reclamation success to be the disturbed acreage that had received bond
release. Specifically, how many acres have achieved return to land form/ approximate original
contour, land capability (post-mine land use) and hydrologic reclamation. According to the New
Mexico Coal Rules and Regulations, phased bond release is defined as:
Phase I – When the permittee completes the backfilling, regrading (which may include the
replacement of topsoil) and drainage control of a bonded area in accordance with the approved
reclamation plan, 60 percent of the bond or collateral for the applicable area.
Phase II – When the permittee has established vegetation on the regraded mined lands in
accordance with the approved reclamation plan.
Phase III – The remaining portion of the bond may be released after the permittee has
successfully all surface coal mining and reclamation activities.
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Historically, the amount of bond release acreage in New Mexico is well above the western region
average in spite of the 10-year minimum for a bond liability period. The following figures address
the cumulative totals for bond release by phase:
Phase I – 10,845 ac. or 38.1 percent of total disturbance,
Phase II – 6,882 ac. or 24.2 percent of total disturbance,
Phase III – 4,201 ac. or 14.8 percent of total disturbance.
This historical cumulative reclamation data is shown within the Reclamation Status Table in
Appendix 2.
2. Contemporaneous Reclamation
Currently in New Mexico, a total of 80,253 acres have been permitted, with approximately
28,457 acres (35.4%), disturbed by mining activity to date. Of these disturbed acres,
approximately 19,998 acres have been backfilled, graded, topsoiled and seeded; or 70.3 percent
of the lands disturbed have been reclaimed to the point of establishing vegetation. This ratio of
disturbed vs. reclaimed (seeded) acres is a measure of how contemporaneous (timely) the State’s
mines are reclaiming acres to the point of establishing vegetation. Once the revegetated acres
have fulfilled their 10 year liability period and met other requirements, they may be available for
Phase III or final bond release. Approximately 8.6 percent of the cumulative disturbed lands on
New Mexico coal mines consist of facilities, such as buildings, ponds, haul roads, soil and
overburden stockpiles and other long-term disturbances. These disturbances are necessary in the
operation of the mine until mining operations are completed. The total current size of all New
Mexico coal facilities is reported as 2,457 acres. When subtracting the acreage of the facilities
from the cumulative disturbance, the ratio of reclamation to net disturbance is 0.77, or 77 percent
of the cumulative acres disturbed (minus coal facilities) in New Mexico have been reclaimed to
the point of being backfilled, graded and seeded.
Sites Where Reclamation Performance Bonds Have Been Forfeited
Since 1980, when OSM approved the New Mexico permanent regulatory program, MMD has
processed a single bond forfeiture and then reclaimed the mine (Arroyo No. 1), beginning in 1980.
During EY 2013, there was no bond forfeiture activity in New Mexico; see Table 7, Appendix 1.
C. Customer Service
In June 2011, MMD completed scanning all its paper records and placed all of this information into an
electronic records management system. This system now enables MMD to provide electronic formatted
copies of all historic and current permit information to mine operators, OSM and the public. For this
evaluation period, EY 2013, MMD continued to scan coal records into PDF or JPG format, as
appropriate.
VI. National Priority and General Oversight Topics Reviews
No National Priority Topics were selected for review this evaluation year. The three general oversight
topics for EY 2013, evaluated MMD’s effectiveness in preventing off-site impacts, ensuring reclamation
success, and providing effective customer service. Additionally, for EY 2013, OSM conducted two topic-
specific oversight reviews of the following: San Juan Mine CCB Disposal Evaluations and the Permitting
Process Review for the San Juan Mine significant permit revision.
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A. Off-site Impacts – Program Effectiveness in Preventing Off-site Impacts
This evaluation was based on OSM Directive REG-8 for determining whether MMD is effective in
preventing off-site impacts.
Topic for Review: Preventing Off-site impacts
Population size: All surface coal mining operations over which MMD has jurisdiction.
Sample size: All surface coal mining operations over which MMD has jurisdiction.
Purpose for Review: OSM and MMD evaluated and reported on the effectiveness of the Program in
protecting the environment and public from off-site impacts resulting from surface coal mining and
reclamation operations.
Review Scope and Methodology: MMD identified and reported the number and degree of off-site
impacts to OSM. OSM and MMD determined the cause of the impacts and identified where
improvements may be made to lessen the number and degree of impacts. If evaluation of data related to
off-site impacts indicates programmatic or implementation related problems, MMD implemented
changes, where possible, to minimize recurring impacts. The goal of this effort was for OSM and MMD
to decrease the occurrence of off-site impacts. OSM and MMD evaluated state and OSM inspection
reports, enforcement actions, penalty assessment data, citizen complaints, special oversight studies and
information from other environmental agencies. OSM explained how the number of off-site impacts was
identified in the Off-Site Impacts and Annual Evaluation Reports.
If any off-site impacts occur, an off-site impact report would be prepared by OSM which would include
detailed information on data collection, verification, and analysis; discuss any conclusion on the
effectiveness of the Program in preventing off-site impacts; and discuss measures taken to address any
identified program or implementation deficiencies.
Period for which state actions and documents were reviewed: July 1, 2012, through June 30, 2013.
Dates of Review: OSM conducted three field inspections during the week of May 20, 2013.
Findings/Conclusions: There were no observed off-site impacts for this evaluation period. The off-site
impacts table (Table 5) within New Mexico’s 2013 Annual Evaluation Report, Appendix A, shows no
off-site impacts.
OSM concludes that MMD is effectively implementing the Program in preventing off-site impacts.
B. Reclamation Success – Program Effectiveness in Ensuring Reclamation Success Procedures
Topic for Review: Ensuring Reclamation Success
Subelement: Acres of reclamation meeting bond release standards.
Population size: All surface coal mining operations over which MMD has jurisdiction.
Sample size: All surface coal mining operations over which MMD has jurisdiction.
Purpose for Review: OSM and MMD evaluated and reported on the effectiveness of the Program in
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ensuring successful reclamation on lands affected by surface coal mining and reclamation operations.
Review Scope and Methodology: OSM and MMD collected data and measured program performance in
the areas of: (1) Land form/approximate original contour, (2) Land capability, (3) Hydrologic
reclamation, and (4) Contemporaneous reclamation. In addition, impacts from mine subsidence would be
evaluated.
OSM and MMD collected data on the reclamation status of areas disturbed by each mining operation
under the jurisdiction of MMD during EY 2013 and cumulatively for all years. The data included the
acreage of areas disturbed (during EY 2013 and cumulatively for all years), long-term mining or
reclamation facilities, active mining areas, and areas where phase I, II and III bond releases have been
granted. This data was targeted to provide data for tables in REG-8 and was used to fulfill the reporting
obligations under the Government Performance Review Act (GPRA).
Period for which State actions and documents were reviewed: July 1, 2012, through June 30, 2013.
Dates of Review: OSM conducted three field inspections during the week of May 20, 2013.
Findings/Conclusions: MMD reported on all categories of information agreed upon in the 2013 Annual
Performance Agreement, including the cumulative history of bond release activity.
MMD provided New Mexico bond release activity data from 1999 through 2013. OSM inserted this
historical data into the Western Region cumulative reclamation status tables for computation, which is
shown in the cumulative New Mexico reclamation status table in Appendix 2. In addition to the data
table, the coinciding graph in Appendix 2 was produced to track the area of reclaimed mine lands that
were backfilled, topsoiled, seeded, and planted over time to represent the rate of reclamation of mine
lands in New Mexico. A rate of reclamation that closely mirrors the rate of disturbance indicates
contemporaneous reclamation efforts. Divergence of the two lines could indicate a drop in
contemporaneous reclamation.
OSM concluded from the information that successful reclamation is occurring on lands affected by
surface coal mining and reclamation operations; therefore, MMD is effectively implementing the Program
in meeting bond release standards.
C. Customer Service – Program Effectiveness in Providing Customer Service as it Relates to
Citizen Complaints and Outreach
Topic for Review: Providing Customer Service
Subelement: Citizen Complaints/Citizen Outreach.
Population size: All surface coal mining operations over which MMD has jurisdiction.
Sample size: All surface coal mining operations over which MMD has jurisdiction.
Purpose for Review: OSM and MMD evaluated and reported on the effectiveness of customer service
provided by the state.
Review Scope and Methodology: OSM and MMD evaluated MMD’s responses to citizen complaints and
requests for assistance and services. During EY 2013, OSM and MMD evaluated the timeliness,
accuracy, completeness and appropriateness of actions taken by MMD in response to citizen complaints.
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OSM also discussed, in the New Mexico annual evaluation report, any other citizen outreach efforts
undertaken by MMD. The evaluation could include reviewing permitting actions, bond releases, lands
unsuitable petitions, administrative and judicial reviews and Applicant Violator System (AVS)
determinations.
Period for which State actions and documents were reviewed: July 1, 2012, through June 30, 2013.
Dates of Review: OSM conducted three field inspections during the week of May 20, 2013.
Findings/Conclusions: MMD received no citizen complaints during the evaluation period. As for citizen
outreach, MMD has continued, as a routine part of business, to scan coal records into PDF or JPG
formats, as appropriate, to place them on its website for public access. This online service, which was also
combined with interactive maps in a GIS application are being migrated from Map Guide to Arc Map for
general public use.
OSM concluded that MMD is providing effective customer service.
D. San Juan Mine CCB Disposal Evaluation – Program Effectiveness in Ensuring Compliance
with Regulatory Requirements for CCB Disposal and Monitoring
Topic for Review: Oversight
Subelement: Evaluation of coal combustion byproduct (CCB) disposal at the San Juan Mine.
Population size: One CCB disposal operation.
Sample size: One CCB disposal operation.
Purpose for Review: OSM and MMD summarized and reported on the permit requirements analysis for
CCB disposal and monitoring of ash disposal sites to determine compliance.
Review Scope and Methodology: Conducted a joint (OSM/MMD) review of the permit requirements for
CCB disposal and monitoring of ash disposal at San Juan Mine, as well as conducted a joint inspection to
determine on-the-ground compliance with those permit requirements.
Period for which State actions and documents were reviewed: July 1, 2012, through June 30, 2013.
Dates of Review: OSM conducted a site visit on May 22, 2013.
Findings/Conclusions: Results of the joint (OSM/MMD) third evaluation year review/field inspection of
ash disposal, monitoring of CCB disposal sites, and the groundwater monitoring program indicated that
San Juan Mine is in compliance with its approved permit for properly disposing of and monitoring CCB
from the San Juan Generating Station, as well as complied with groundwater monitoring permit
requirements. For further information see the “San Juan Mine CCB Disposal Evaluation” topic specific
evaluation report at the following OSM website: http://odocs.osmre.gov. As mentioned in the two prior
annual reports (EY 2011 and EY 2012), OSM continued to evaluate CCB disposal compliance at the San
Juan Mine as an on-going oversight evaluation topic.
OSM concluded that MMD was effectively implementing its New Mexico Program through compliance
with reclamation performance standards pursuant to New Mexico Administrative Code (NMAC)
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19.8.20.2054.
E. Permitting Process Review for the San Juan Significant Permit Revision – Program
Effectiveness in Compliance with Regulatory Requirements
Topic of Review: Oversight
Subelement: MMD Permitting Process for the San Juan Mine Significant Permit Revision.
Population size: San Juan Mine.
Sample size: San Juan Mine.
Purpose for Review: OSM reviewed and reported on MMD’s permitting process for a significant permit
revision at San Juan Mine.
Review Scope and Methodology: The specifics of this review and report focused on the following
elements: public participation; the State’s administrative completeness review (ACR); technical review,
as well as the deficiency elements; coordination with other agencies; and the State’s findings.
Period for which State actions and documents were reviewed: July 1, 2012, through June 30, 2013.
Dates of Review: OSM conducted its review during the week September 2, 2013.
Permitting Process Review for San Juan Mine Significant Revision Findings/Conclusions: The permitting
process performed by MMD was in compliance with New Mexico’s permitting regulations. OSM found
that to date MMD’s significant permit revision review process met the requirements of New Mexico
Administrative Code (NMAC) 19.11.1100 through 19.11.1106 of the New Mexico program. Note that
MMD’s permit revision approval was not completed by the end of the evaluation year. Therefore, OSM
will provide the final findings/conclusion for the San Juan significant permit revision oversight review in
the EY 2014 annual report. For further information see the “Permitting Process Review for the San Juan
Mine Significant Permit Revision” topic specific evaluation report at the following OSM website:
http://odocs.osmre.gov.
Based on actions taken by MMD to date, OSM concludes that MMD is successfully implementing its
program through compliance with regulatory requirements for significant permit revisions.
VII. Regulatory Program Problems and Issues
During EY 2012, there were no significant regulatory program problems or issues raised by OSM or
MMD.
VIII. OSM Assistance
Annual Grant Award
In accordance with section 705(a) of SMCRA, the Secretary of the Interior is authorized to make annual
grants to any state for the purpose of assisting such state in developing, administering, and enforcing state
programs under SMCRA. MMD received a grant from OSM for $850,000 for the operation of the Coal
Mine Reclamation Bureau (CMRB) which is the organizational subdivision of MMD responsible for
administering the state regulatory program. The grant award represents 73 percent of the total program
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cost.
TIPS, Technology Transfer, and Technical and Librarian Assistance
Each year OSM provides services to MMD through its TIPS program, transfer of technology equipment
and software, and technical and librarian assistance. During EY 2013, three MMD employees took a total
of eight TIPS training class and two MMD employees took a total of three National Technical Training
Program classes. A service management visit to the MMD office provided staff with TIPS and
Technology Transfer information. Also, based on the TIPS and MMD Software/upgrades Memorandum
of Understanding (MOU), the State was provided the following: ArcGIS 10.1, SEDCAD, Global Mapper
14, AutoCAD 2013, Carlson 2013, and Groundwater Vistas 5.0. OSM’s librarian did not receive any
reference request from MMD.
Also, during EY 2013, MMD Title IV and Title V employees participated in the monthly Western Region
Technology Transfer (WRTT) team conference calls, which provide a forum to guide, coordinate, and
communicate Western Region activities, and to make OSM’s regional and national technology transfer
team members aware of technical challenges and solutions to problems encountered in Title IV and Title
V activities. The WRTT elected New Mexico’s Coal Program Manager, Dave Clark, to represent the team
as a member of the Applied Sciences proposal evaluation team.
EY 2013 NEW MEXICO EVALUATION TEAM MEMBERS
Dave Clark, MMD
Dawn Pacula, OSM WR-PSD
Cover Page Photo
The cover page photo was taken by OSM during the May 22, 2013, mine site evaluation at San Juan Mine
located near Farmington, New Mexico. A mine employee was monitoring the irrigation sprinklers and
pipes to ensure optimal irrigation.
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New Mexico Annual Evaluation Report
Evaluation Year 2013
APPENDIX 1
Summary of Core Data to Characterize the New Mexico Program
The following tables present summary data pertinent to mining operations and regulatory activities under
the New Mexico regulatory program. Unless otherwise specified, the reporting period for the data
contained in the tables is the Evaluation Year. Other data and information used by OSM in its evaluation
of New Mexico’s performance is available for review in the evaluation files maintained by OSM or at the
following OSM website: http://odocs.osmre.gov/.
Because of the enormous variations from state to state and tribe to tribe in the number, size, and type of
coal mining operations and the differences between state and tribal programs, the summary data should
not be used to compare one state or tribe to another.
List of Tables
Table 1 Coal Produced for Sale, Transfer, or Use
Table 2 Permanent Program Permits, Initial Program Sites, Inspectable Units, and Exploration
Table 3 Permits Allowing Special Categories of Mining
Table 4 Permitting Activity
Table 5 Off-site Impacts
Table 6 Surface Coal Mining and Reclamation Activity
Table 7 Bond Forfeiture Activity
Table 8 Regulatory and AML Programs Staffing
Table 9 Funds Granted to New Mexico by OSM
Table 10 New Mexico Inspection Activity
Table 11 New Mexico Enforcement Activity
Table 12 Lands Unsuitable Activity
Table 13 OSM Oversight Activity
Table 14 Status of Action Plans
Table 15 Land Use Acreage (Optional)
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New Mexico Annual Evaluation Report
Evaluation Year 2013
APPENDIX 2
New Mexico Reclamation Status Table
The following table & graph represents New Mexico bond release activity data from Calendar Year 1999
through 2012.