New Mexico Administrative Code

A. In accordance with Subsection E of 19.8.11.1105 NMAC, prior to the issuance of a permit, the director shall review the information in the application provided pursuant to 19.8.7.701 NMAC to determine that such information, including the identification of the operator and all o…

A. Following the verification of ownership or control information pursuant to 19.8.11.1115 NMAC, the director shall review all reasonably available information concerning violation notices and ownership or control links involving the applicant to determine whether the application…

A. Challenging AVS linkage and violation status.(1) Any applicant or other person shown in AVS in an ownership or control link to any person may challenge such link in accordance with the provisions of Subsection B through Subsection D of 19.8.11.1117 NMAC and 19.8.11.1118 NMAC, …

A. The provisions of this section shall apply whenever a person has and exercises a right, under the provisions of 19.8.11.1107, 1110, 1116, or 1117 NMAC or under the provisions of 19.8.12 NMAC, to challenge (1) an ownership or control link to any person and/or (2) the status of …

A. For the purposes of future permit eligibility determinations and enforcement actions, the director shall enter into AVS all: (1) permit records, within 30 days after the permit is issued or subsequent changes made; (2) unabated or uncorrected violations, within 30 days after t…

A. Within 30 days after the issuance of a cessation order in accordance with 19.8.30.3000 NMAC, or a federal cessation order issued in accordance with 30 CFR 843.11, the permittee must provide or update all the information required under Subsection C and D of 19.8.7.701 NMAC. B. …

A. If the applicant or operator has previously applied for a permit and the required information is already in AVS, then the applicant or operator may update the information as follows: (1) if all or part of the information already in AVS is accurate and complete, then the applic…

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. Within 30 days after the applicant or permittee is notified of the final decision of the director concerning the application for a permit, revision or renewal thereof, application for transfer, sale, or assignment of rights, or concerning an application for coal exploration, o…

A. A party to a proceeding before the director who is aggrieved by a director's decision issued after a hearing may obtain a review of that decision by an appeal to the district court pursuant to Section 39-3-1.1 NMSA 1978. B. A person who is or may be aggrieved by a rule or an a…

A. Upon receipt of a notice of violation, civil penalty assessment or cessation order pursuant to 19.8.30.3000, 19.8.30.3001 or 19.8.31 NMAC, or any such notice or order's modification, vacation or termination, a permittee or any person having an interest that such order or notic…

A. Who may file. A person may file a petition for award of costs and expenses including attorneys' fees that person has reasonably incurred as a result of his participation in an administrative review under the act that results in the director issuing a final order pursuant to 19…

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. The director shall review each permit issued and outstanding during the term of the permit. This review shall occur not later than the middle of the permit term and as required by 19.8.10.1000, 1001, 1003 and 1005 NMAC. B. For permits of longer than five year terms, a review o…

A. A revision to a permit shall be obtained: (1) for changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when such changes constitute a significant departure from the method of conducting minin…

A. Any valid, existing permit issued pursuant to the act and 19.8 NMAC shall carry with it the right of successive renewal upon expiration of the term of the permit, in accordance with 19.8.13.1303 through 1305 NMAC. Successive renewal shall be available only for those areas whic…

A. Contents. Complete applications for renewals of a permit shall be made at least 120 days before the expiration of the permit involved. Renewal applications shall include at a minimum: (1) a statement of the name and address of the permittee, the term of the renewal requested, …

Any permit renewal shall be for a term not to exceed the period of the original permit established under 19.8.11.1111 NMAC.

A. The director shall, upon the basis of a complete application for renewal and completion of all procedures required under 19.8.13.1303 and 1304 NMAC, issue a renewal of a permit, unless it is established and written findings by the director are made that: (1) the terms and cond…

No transfer, assignment, or sale of the rights granted under any permit issued pursuant to the act and 19.8 NMAC shall be made without the prior written approval of the director, in accordance with 19.8.13.1306 through 1308 NMAC.

A. Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit issued shall, pursuant to the act and 19.8 NMAC, prior to the date of such transfer, assignment or sale: (1) obtain the performance bond coverage of the original permittee by: (a) …

A. A successor in interest to a permittee who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee. B. Pursuant to Parag…

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. The applicant shall provide a bonding proposal to the director for review and comment following approval of the permit application but prior to permit issuance. The proposal shall include all information required by this part relating to the nature of bond proposed, including …

A. After a permit application under 19.8.5 NMAC through 19.8.13 NMAC has been approved, but before a permit is issued, the applicant shall file with the director, on a form prescribed and furnished by the director, a bond or bonds for performance made payable to the state of New …

The director shall prescribe the form of the performance bond. The director may allow for: A. a surety bond; B. a collateral bond; C. a self-bond; or D. a combination of any of these bonding methods.

A. Duration and phased bonding option. (1) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation provided in …

A. The amount of the bond required for each bonded area shall: (1) be determined by the director; (2) depend upon the requirements of the approved permit and reclamation plan; (3) reflect the probable difficulty of reclamation, giving consideration to such factors as topography, …