New Mexico Administrative Code

D. E. Gray Chairman New Mexico Coal Surfacemining Commission

[Filed February 12, 1985]

[RESERVED]

A. DEFINITIONS (700.5): These definitions except as otherwise provided for in this section shall apply to Sections 15 through 38 [now 19.8.36.7 NMAC, and 19.8.36.22 NMAC through 19.8.36.44 NMAC]. *Corresponding section number of federal regulations is in parenthesis. (1) Auger mi…

A permit application accompanied by a written mining plan and signed by the operator shall be filed with the director of the mining and minerals division of the energy and minerals department (hereinafter director) along with the application and initial acreage fees required by S…

The mining plan prepared by the operator for approval by the Director shall set forth the following information: A. a statement of the operator's name and address and the name and address of the person designated by the operator to receive service; B. a description of the affecte…

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).

Permanent.

A. Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the director to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. B. Designation. The only in…

A. Initial processing. (1) Within 30 days of receipt of a petition, the director shall notify the petitioner by certified mail whether or not the petition is complete under Subsection B of 19.8.4.400 NMAC or Subsection C of 19.8.4.400 NMAC. (2) The director shall determine whethe…

A. Within 10 months after receipt of a complete petition, the director shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The director shall make a verbatim transcript of the hea…

A. In reaching his decision, the director shall use: (1) the information contained in the data base and inventory system; (2) information provided by other governmental agencies; (3) the detailed statement prepared under Subsection E of 19.8.4.402 NMAC; and (4) any other relevant…

A. The director shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions. B. The director shall include in the system information relevant to the criteria in 19.8.3.300 NMAC including, but not lim…

The director shall: A. make the information and data base system developed under 19.8.4.404 NMAC available to the public for inspection free of charge and for copying at reasonable cost; B. provide information to the public on the petition procedures necessary to have an area des…

A. The director shall not issue permits which are inconsistent with designations made pursuant to 19.8.2, 19.8.3 or 19.8.4 NMAC. B. The director shall maintain a map of areas designated as unsuitable for all or certain types of surface coal mining operations. C. The director shal…

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.

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.

Except as provided for in Subsection A of 19.8.5.501 NMAC on and after 8 months from the date on which a regulatory program for the state is approved by the secretary of the U.S. department of interior, no person shall engage in or carry out surface coal mining and reclamation op…

A person conducting surface coal mining operations under a permit issued pursuant to Laws 1972, Chapter 68, as amended, or issued by the director pursuant to the act, prior to the effective date of an approved program may conduct these operations beyond the period prescribed in 1…

A permit issued by the office of surface mining and reclamation pursuant to a federal program for a state shall be valid under any superseding state program approved by the secretary of the U.S. department of interior. A. The federal permittee shall have the rights to apply to th…

All persons shall conduct surface coal mining and reclamation operations under permits issued pursuant to the act and 19.8 NMAC Parts 1-35, and shall comply with the terms and conditions of the permit and the requirements of the act and 19.8 NMAC Parts 1-35.

A. Not later than two (2) months following approval of the state program by the secretary of the U.S. department of interior, each person who conducts or expects to conduct surface coal mining and reclamation operations after the expiration of eight (8) months from that approval …

A. Applications for permits to conduct surface coal mining and reclamation operations shall be filed in the format required by the director. The application shall be complete and include, at a minimum, for surface mining activities, all the applicable information required under 1…

Each application, pursuant to the act and 19.8 NMAC Parts 1-35 shall be accompanied by a fee determined under the following schedule: A. Original permit filing fee shall be $2,500 plus $25.00 per acre for estimated area to be disturbed during the first year of mining. B. Commenci…

A. By March 1 of each year, the operator shall submit to the director a report, setting out in detail the measures taken to effect reclamation of the affected area during the previous calendar year. The report must be typewritten and signed by the operator. The report must includ…

Applications for permits shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.

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).

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…

Any person who intends to conduct coal exploration activities outside a permit area on lands designated as unsuitable for surface mining under all of 19.8.2, 19.8.3 and 19.8.4 NMAC shall submit an application and shall obtain written approval from the director. Any person who rec…

A. Any person who intends to conduct coal exploration during which less than 250 tons of coal will be removed in the area to be explored shall, prior to conducting the exploration, file with the director a written notice of intention to explore. B. The notice shall include: (1) t…

Any person who intends to conduct coal exploration in which more than 250 tons of coal are removed in the area to be explored, shall, prior to conducting the exploration, obtain the written approval of the director, accordance with the following: A. Contents of application for ap…

A. The director shall act upon a completed application for approval within 45 days. B. The director shall approve a complete application filed in accordance with this part, if he finds, in writing, that the applicant has demonstrated that the exploration and reclamation described…

A. The director shall notify the applicant and the appropriate local government officials, in writing, of his decision to approve or disapprove the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval.…