New Mexico Administrative Code

Under Section 69-25A-22 NMSA 1978, the director may request the attorney general to pursue criminal penalties against any person who: A. willfully and knowingly violates a condition of the permit; B. willfully and knowingly fails or refuses to comply with: (1) any order issued un…

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).

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

An applicant is eligible for assistance if he: A. intends to apply for a permit pursuant to the act; B. establishes that his probable total actual and attributed production from all locations during any consecutive 12-month period either during the term of his permit or during th…

Each application for assistance shall include the following information: A. a statement of the operator's intent to file a permit application; B. the names and addresses of: (1) the permit applicant; and (2) the operator if different from the applicant; C. a schedule of the estim…

A. If the director finds the applicant eligible, he shall inform the applicant in writing that the application is approved. B. If the director finds the applicant ineligible, he shall inform the applicant in writing that the application is denied and shall state the reasons for d…

A. To the extent possible with available funds, the director shall select and pay a qualified laboratory to make the determination and statement and provide other services referenced in Subsection B of 19.8.32.3203 NMAC for eligible operators who request assistance. B. The direct…

A. Basic qualifications. To be designated a qualified laboratory, a firm shall demonstrate that it: (1) is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed; (2) has adequate space for material preparation and clean…

The director shall establish a formula for allocating funds to provide services for eligible small operators if available funds are less than those required to provide services pursuant to this part.

A. The applicant shall reimburse the director for the cost of the services rendered pursuant to this part if: (1) the applicant submits false information, fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report, or fails to mi…

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).

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

The director shall require blasters who are directly responsible for use of explosives in a surface coal mining operation to be certified within 12 months after approval of this section as part of the state program. Persons responsible solely for receiving, handling, transportati…

A. Persons seeking to become certified as blasters shall receive training including, but not limited to the technical aspects of blasting operations and state and federal laws governing the storage, transportation and use of explosives; and B. persons who are not certified and wh…

A. The director shall ensure that candidates for blaster certification are examined by reviewing and verifying the: (1) competence of persons directly responsible for the use of explosives in surface coal mining operations through a written examination in technical aspects of bla…

A. Issuance of certification. The director shall certify for a period of four years, those candidates examined and found to be competent and to have the necessary experience to accept responsibility for blasting operations in surface coal mining operations. B. Suspension and revo…

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…

means a person directly responsible for the use of explosives in surface coal mining operations who is certified under this part. Persons working under the direct supervision of a certified blaster need not be certified. [Other Definitions for this part can be found in 19.8.1.7 N…

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).

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

This part implements the exemption contained in Paragraph (1) of Subsection P of Section 69-25A-3 NMSA 1978 concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals r…

As used in this part, the following terms have the meaning specified, except where otherwise indicated: A. Cumulative measurement period means the period of time over which both cumulative production and cumulative revenue are measured. (1) For purposes of determining the beginni…

A. New operations. (1) Any person who plans to commence or continue coal extraction after October 1, 1995, in reliance on the incidental mining exemption shall file a complete application for exemption with the director for each mining area. (2) No person may commence coal extrac…

An application for exemption shall include at a minimum: A. the name and address of the applicant; B. a list of the minerals sought to be extracted; C. estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining op…

A. Except as provided in Subsection B of 19.8.34.3404 NMAC, all information submitted to the director under this part shall be made immediately available for public inspection and copying at the local offices of the director until at least three years after expiration of the peri…

A. Activities are exempt from the requirements of 69-25A-1 through 35 NMSA 1978 if all of the following are satisfied: (1) the cumulative production of coal extracted from the mining area determined annually as described in this subsection does not exceed 16 2/3 percent of the to…

A person conducting activities covered by this part shall: A. maintain, on-site or at other locations available to the authorized representative of the director and the secretary of the interior, information necessary to verify the exemption including, but not limited to, commerc…

A. Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use: (1) up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated…

A. Responsibility of the director. The director shall conduct an annual compliance review of the mining area utilizing the annual report submitted pursuant to 19.8.34.3409 NMAC, an on-site inspection and any other information available to the director. B. If the director has reas…

A. Annual report. (1) Following approval by the director of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the director containing the information specified in Subsection B of 19.8.34.3409 NMAC. …

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.]