New Mexico Administrative Code

A. A surety bond shall be executed by the operator and a corporate surety licensed to do business in the state. B. Surety bonds shall be noncancellable during their terms, except that surety bond coverage for lands not disturbed may be canceled with the prior consent of the direc…

A. Collateral bonds, except for letters of credit, cash accounts, and real property, shall be subject to the following conditions: (1) the director shall keep custody of collateral deposited by the applicant until authorized for release or replacement as provided in 19.8.14 NMAC;…

A. The director may accept a self-bond from an applicant for a permit if all of the following conditions are met by the applicant, or its parent corporation guarantor: (1) the applicant designates a suitable agent to receive service of process in the state. (2) the applicant has …

A. The director may allow a permittee to replace existing bonds with other bonds that provide equivalent coverage. B. The director shall not release existing performance bonds until the permittee has submitted, and the director has approved, acceptable replacement performance bon…

A. Bond release application. (1) The permittee may file an application with the director for the release of all or part of a performance bond. Applications may be filed only at times or during seasons authorized by the director in order to properly evaluate the completed reclamat…

A. If an operator refuses or is unable to conduct reclamation of an unabated violation, if the terms of the permit are not met, or if the operator defaults on the conditions under which the bond was accepted, the director shall take the following action to forfeit all or part of …

A. The director shall require the applicant to submit as part of its permit application a certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability insurance policy in force for the surface coal …

A. The director may terminate regulatory jurisdiction over a reclaimed surface coal mining and reclamation operation, or increment thereof, upon a written finding pursuant to Paragraph (3) of Subsection C of 19.8.14.1412 NMAC that all reclamation requirements imposed on the permi…

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. Each person who conducts coal exploration which substantially disturbs the natural land surface in which 250 tons or less of coal are removed shall file the notice of intention to explore required under 19.8.6.601 NMAC and shall comply with 19.8.19.1902 NMAC. B. Each person wh…

Each person who conducts coal exploration which substantially disturbs the natural land surface and which removes more than 250 tons of coal shall, while in the exploration area, possess written approval from the director for the activities granted under 19.8.6.603 NMAC. The writ…

The performance standards in this section are applicable to coal exploration, which substantially disturbs land surface. A. Habitats of unique value for fish, wildlife, and other related environmental values and areas identified in Subsection B of 19.8.9.905 NMAC shall not be dis…

A. Any person who extracts coal for commercial sale or use during coal exploration operations must obtain a permit for those operations from the director under 19.8.5 NMAC through 19.8.13 NMAC. B. With the prior written approval of the director, no permit to conduct surface coal …

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.

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

The director shall determine whether: A. an application for a permit must be denied, limited or conditioned, because surface coal mining operations on those lands are prohibited or limited by Section 69-25A-26 NMSA 1978 of the act, and 19.8.2 NMAC; B. an applicant for a permit co…

Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment: A. on any lands which will adversely affect any publicly owned park or any places included on the national regist…

A. Upon receipt of a complete application for a surface coal mining and reclamation operations permit, the director shall review the application to determine whether surface coal mining operations are limited or prohibited under 19.8.2.201 NMAC on the lands which would be disturb…

The prohibitions and limitations of 19.8.2.201 NMAC do not apply to: A. surface coal mining operations for which a valid permit, issued by the director under 19.8 NMAC Parts 1-35, exists when the land comes under the protection of 19.8.2.201 NMAC; this exception applies only to l…

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

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

A. Specification signs and markers required under 19.8.20 NMAC shall: (1) be posted and maintained by the person who conducts the surface coal mining operations; (2) be of a uniform design throughout the operation that can be easily seen and read; (3) be made of durable material;…

Each exploration hole, other drill or borehole, shaft, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the director, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to …

A. Each exploration hole, other than drill or boreholes, wells and other exposed underground openings which have been identified in the approved permit application for use to return, underground development waste, coal processing waste or water to underground workings or to be us…

When no longer needed for monitoring or other use approved by the director upon a finding of no adverse environmental or health and safety effects, or unless approved for transfer as a water well under 19.8.20.2021 NMAC, each exploration hole, other drilled hole or borehole, well…

A. Before disturbance of an area, topsoil, subsoils or other approved material suitable as a topdressing to be saved under 19.8.20.2005 NMAC shall be separately removed and segregated from other material. B. After removal, topdressing shall be immediately redistributed in accorda…

A. Materials to be removed. Topsoil to be used as topdressing shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the director in accordance with Subsection E of 19.8.20.2005 NMAC. If use of substi…

A. Topdressing removed under 19.8.20.2005 NMAC shall be stockpiled only when it is impractical to promptly redistribute such materials on regraded areas. B. Stockpiled materials shall be selectively placed on a stable area within the permit area, not disturbed, and protected from…

A. After final grading and before the replacement of topdressing, regraded land shall be scarified or otherwise treated as required by the director to eliminate slippage surfaces and to promote root penetration. If the person who conducts the surface coal mining operations shows,…

Nutrients and soil amendments in the amount determined by soil tests shall be applied to the redistributed topdressing, so that it supports the approved postmining land use and meets the revegetation requirements of 19.8.20.2060 through 2066 NMAC. All soil analyses shall be perfo…