New Mexico Administrative Code

Permanent.

October 31, 1996, unless a different date is cited at the end of a section or paragraph.

The objective of Section 8 of Chapter 7 Part 3 is to establish regulations addressing the application for consolidation of mining properties. The objective of Section 9 of Chapter 7 Part 3 is to outline the conditions and requirements of a consolidation of mining properties in Se…

[RESERVED]

Order adopting rules and regulations for administration of Chapter 33, New Mexico Laws of 1967 concerning consolidation of mining properties. Pursuant to Section 4 of Chapter 33, New Mexico Laws of 1967, the state geologist of New Mexico hereby adopts the following rules and regu…

In the matter of the application of Kerr-McGee Corporation for consolidation of all small tracts or interests in Section 19, Township 14 North, Range 9 West, New Mexico Principal Meridian, McKinley County, New Mexico, pursuant to Chapter 33, New Mexico Laws of 1967. A. This cause…

New Mexico Coal Surface Mining Commission.

(None) Section 1-11 CSMC Rule 80-1, as adopted May 15, 1980, is hereby repealed, provided, however, that such repeal shall not be deemed to affect the authority of persons to engage in or carry out any surface coal mining operations if he has a permit under Laws 1972, Chapter 68,…

A. Responsibilities. (1) Employees performing duties or functions under the act and 19.8 NMAC Parts 1-35 shall: (a) file a fully completed statement of employment and financial interest 120 days after 19.8 NMAC Parts 1-35 become effective or upon entrance to duty, and annually th…

A. Except as otherwise provided computation of time under the act and 19.8 NMAC Parts 1-35 is based on calendar days. B. In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unles…

A. Coal extraction which is an incidental part of government-financed construction is exempt from the act and 19.8 NMAC Parts 1-35. B. Any person who conducts or intends to conduct coal extraction which does not satisfy Subsection A of 19.8.1.111 NMAC shall not proceed until a pe…

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979).

NMSA 1978, Sections 69-25A-1 et. seq. (1979).

Permanent.

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

A. Definitions beginning with the letter "A" (1) ACCELERATED EROSION - means washing away or blowing away of overburden, spoil, soil or topdressing material in excess of normal erosion resulting from changes in the vegetative cover or ground conditions. (2) ACID DRAINAGE - means …

New Mexico Coal Surface Mining Commission

A. Each person who desires to conduct an experimental practice shall submit a permit application for the approval of the director and the director of the office of surface mining. The permit application shall contain appropriate descriptions, maps, plans and data which show: (1) …

A. Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill except as provided for in Subsection F of 19.8.25.2500 NMAC, by removing substantially a…

A. This section applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except: (1) where an operator proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain…

A. The director may issue a permit for surface mining activities incorporating a variance from the requirement for restoration of the affected lands to their approximate original contour only if he first finds, in writing, on the basis of a complete application, that all of the f…

A. Application contents for prime farmlands. If land within the proposed permit area is identified as prime farmland under 19.8.8.814 NMAC, the applicant shall submit a plan for the mining and restoration of the land. Each plan shall contain, at a minimum: (1) a soil survey of at…

A. Application contents for variances. Any person who desires to obtain a variance under this section shall file with the director complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation o…

A Alluvial valley floor determination. (1) Before applying for a permit to conduct, or before conducting surface coal mining and reclamation operations within a valley holding a stream or in a location where the adjacent area includes any stream, the applicant shall either affirm…

A. This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations. B. Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, a descr…

A. This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing coal processing plants or support facilities not within a permit area of a specific mine. Any person who operates such a processing plant or support f…

A. This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities. B. Any application for a permit for operations covered by this section shall be made according to all requirements of 1…

All persons subject to the New Mexico Surface Mining Act, NMSA 1978, Sections 69-25A-1 et. Seq. (1979)

NMSA 1978, Sections 69-25A-1 et. seq. (1979)

Permanent

November 29, 1997, unless a later date is cited at the end of a section.

The objective of Parts 1 - 35 of Chapter 8 is to establish regulations to implement the New Mexico Surface Mining Act as directed in NMSA 1978, Section 69-25A-5(1979). These regulations are intended to ensure proper reclamation through permitting for operations subject to the New…

[RESERVED] [Definitions for this part can be found in 19.8.1.7 NMAC]

New Mexico Coal Surface Mining Commission

A. An applicant applying for a permit shall place an advertisement in a newspaper of general circulation in the county of the proposed surface coal mining and reclamation operations, at least once a week for four consecutive weeks. The applicant shall place the advertisement in t…

A. Written comments on permit applications may be submitted to the director by the public entities to whom notification is provided under Subsections C and D of 19.8.11.1100 NMAC, with respect to the effects of the proposed mining operations on the environment within their area o…

A. Any person whose interests are or may be adversely affected or an officer or head of any federal, state, tribal or local governmental agency or authority shall have the right to file written objections to an initial or revised application for a permit with the director within …

A. Procedure for requests. Any person, whose interests are or may be adversely affected by the issuance, revision or renewal of the permit, or the officer or head of any federal, state, tribal or local government agency or authority may, in writing, request that the director hold…

A. Information contained in permit applications on file with the director shall be open, upon written request, for public inspection and copying at reasonable times except for: (1) information pertaining to coal seams, test borings, core samplings, or soil samples in permit appli…

A. Review and consultation. (1) The director shall review the complete application and written comments, written objections submitted, and records of any informal conference held under 19.8.11.1101 through 1103 NMAC. (2) The director shall determine the adequacy of the fish and w…

No permit or revision application shall be approved, unless the application affirmatively demonstrates and the director finds, in writing, on the basis of information set forth in the application or from information otherwise available, which is documented in the approval and mad…

A. Permit review. When the director has reason to believe that the director improvidently issued a surface coal mining and reclamation permit the director shall immediately review the circumstances under which the director issued the permit, using the criteria in Subsection B of …

A. No application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the director finds, in writing, on the ba…

A. The director shall approve, require modification of, or deny all applications for permits under the act and 19.8. NMAC on the basis of: (1) complete applications for permits and revisions or renewals thereof; (2) public participation as provided for in 19.8.5 through 19.8.13 N…

When the director, according to Paragraph (4) of Subsection E of 19.8.11.1107 NMAC, elects to rescind an improvidently issued permit, the director shall serve on the permittee a notice of suspension and rescission which includes the reasons for the finding of the director under S…

A. Each permit shall be issued for a fixed term not to exceed 5 years. A longer fixed permit term may be granted, if: (1) the application is full and complete for the specified longer term; and (2) the applicant shows that a specified longer term is reasonably needed to allow the…