New Mexico Administrative Code

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

A. An application for a permit for an existing mining operation shall be submitted by December 31, 1994. B. The application shall include: a closeout plan; or a compliance schedule for completion of, within the shortest time practicable, a closeout plan, which shall be submitted …

A. A minimum of six copies of each application for a permit under this Part shall be submitted to the Director. The Director may require additional copies for distribution by the Director to other governmental agencies with an interest in, or jurisdiction over, elements of the pr…

A. Unless a proposed closeout plan is submitted with the permit application, the following procedure shall be followed. If a closeout plan is submitted with the permit application, the requirements of 19.10.5.506 NMAC shall also be met. B. As soon as practicable after receipt of …

A. The permittee shall maintain a permit until financial assurance is released under 19.10.12 NMAC. B. A permit shall be reviewed by the Director and may be required to be modified or revised for any of the following: (1) additional applicable requirements under the Act or 19.10 …

A. A permit modification or revision will not be granted unless the Director determines that the proposed modification or revision meets the requirements of 19.10.5 NMAC. B. Revisions are modifications that require public notice and an opportunity for public hearing pursuant to 1…

Six copies of an application for a permit revision shall be submitted, in a format acceptable to the Director, pursuant to Section 69-36-7 G of the Act for the incorporation of an approved closeout plan or closeout plan for a portion of the mine if a closeout plan or closeout pla…

A. The permit area will be reclaimed to a condition that allows for re-establishment of a self-sustaining ecosystem appropriate for the life zone of the surrounding areas following closure unless conflicting with the approved post-mining land use. Each closeout plan must be devel…

New discrete processing, leaching, excavation, storage or stockpile units located within the permit area of an existing mining operation and not identified in the permit of an existing mining operation, and for each expansion of such a unit identified in the permit for an existin…

A. Enforcement of other state or federal laws, regulation or standards shall be conducted by the agency charged with that responsibility under the applicable state or federal law, regulation or standard. B. Enforcement of non-point source surface releases of acids or other toxic …

The permittee shall, on or before April 30 of each year after a permit has been issued, submit on a form provided by the Director a report for the preceding calendar year. The report must: A. provide the status of the operation; B. provide production figures for the operation; C.…

A. The owner or operator of an existing mining operation who has completed some or all reclamation measures prior to July 12, 1994 may apply for an inspection of the reclaimed areas prior to August 31, 1994. This application shall be deemed to satisfy the deadline for a permit ap…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

A. Applications for permits for new mining operations operating pursuant to Section 69-36-5 of the Act shall be received by the Director by December 31, 1995. The Director may grant a six-month extension if the applicant has requested such and has shown good cause for the extensi…

A. A minimum of six copies of applications for permits under this Part shall be submitted to the Director. The Director may require additional copies for distribution by the Director to other governmental agencies with an interest in, or jurisdiction over, elements of the propose…

The permit area will be reclaimed to achieve a self-sustaining ecosystem appropriate for the life zone of the surrounding areas following closure unless conflicting with the approved post-mining land use. Each reclamation plan must be developed to meet the site-specific character…

A. Enforcement of other state or federal laws, regulations or standards shall be conducted by the agency charged with the responsibility under the applicable state or federal law, regulation or standard. B. Enforcement of non-point source surface releases of acids or other toxic …

A. As soon as practicable after receipt of a permit application, the Director shall notify the applicant in writing whether the application is complete. If the application is not complete, the notice shall specify the items missing from the application. B. Within 30 days of recei…

A. The Director may issue a permit subject to conditions necessary to meet the requirements of the Act and 19.10 NMAC. B. No permit shall be issued until the Director finds, in writing, that: (1) The permit area will achieve a self-sustaining ecosystem appropriate for the life zo…

A. The permittee shall maintain a permit until financial assurance is released under 19.10.12 NMAC. B. The term of a permit shall not exceed 20 years. The term of renewals of a permit shall not exceed 10 years. C. For any permits issued for more than five years, the Director shal…

A. A permit modification or revision for a mining operation is required for each new discrete processing, leaching, excavation, storage or stockpile unit located within the permit area and not identified in the permit and for each expansion of such a unit identified in the permit…

A. The owner or operator of a new mining operation who has completed some or all reclamation measures prior to the effective date of 19.10 NMAC may apply for an inspection of the reclaimed areas prior to August 31, 1994. B. The Director shall release the owner or operator from fu…

Every permittee, including those holding minimal impact mining permits, shall, on or before April 30 of each year after a permit has been issued, submit, on a form provided by the Director, a report for the preceding calendar year. The report must: A. provide the status of the op…

[RESERVED] [Definitions for this part can be found in 19.10.1.7 NMAC.]

New Mexico Mining Commission.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.

NMSA 1978, Section 69-36-1 et. seq.

Permanent.

February 15, 1996, unless a later date is cited at the end of a section. A. All references to the Mining Act Parts 1-13 in any other rule shall be understood as a reference to 19.10 NMAC. B. The amendment and replacement of The Mining Act Parts 1-13 shall not affect any administr…

The objective of Parts 1-14 of 19.10 NMAC is to establish regulations to implement the New Mexico Mining Act as directed in NMSA 69-36-7 A. These regulations are designed to ensure proper reclamation through permitting for operations subject to the Mining Act, in accordance with …

[RESERVED] [Definitions for this Part can be found in 19.10.1.7 NMAC.]

A. If, due to a temporary cessation of mining operations exceeding 180 days, a permittee desires to suspend reclamation pursuant to a permit for an existing or new mining operation, the permittee shall submit an application for a permit revision for standby status pursuant to thi…

New Mexico Mining Commission.

All persons subject to the New Mexico Mining Act NMSA 1978, Section 69-36-1 et. seq.