New Mexico Administrative Code

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…

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

This part applies to any person who applies for a permit to conduct surface coal mining operations. It is the responsibility of the permit applicant to provide to the director all of the information required by this part.

An application shall contain the following information, except that the submission of a social security number is voluntary: A. a statement as to whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity; B. the name, addres…

Each application shall contain: A. a statement of whether the applicant or any subsidiary, affiliate, or person controlled by or under common control with the applicant has: (1) had a federal or state coal mining permit suspended or revoked in the 5 years preceding the date of su…

A. Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface coal mining operations in the permit area and whether that right is the subject of pending legislation. The description shall identify…

A. Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining operations under 19.8.4 NMAC or under study for designation in an administrative proceeding under 19.8 NMAC. …

A. Timing and extent of operations. (1) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining operations and the anticipated number of acres of surface land to be affected for each phase of mining and over th…

Each permit application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in 19.8.14.1407 NMAC are satisfied.

Each application shall contain a list of all or other licenses and permits needed by the applicant to conduct the proposed surface coal mining operations. This list shall identify each license and permit by: A. type of permit or license; B. name and address of issuing authority; …

Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection under Subsection E of 19.8.11.1100 NMAC.

A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the director and made a part of the complete application, not later than 4 weeks after the last date of publication required under Subsection A of 19.8.11.11…

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…

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

Each permit application shall include a description of the existing, premining environmental resources as set forth in this part. All data information shall comply with 19.8.5.505 NMAC. All information required under this part shall be used for the permit application evaluation.

Each application shall describe and identify: A. the size, sequence, and timing of the subareas of the lands subject to surface coal mining operations over the estimated life of those operations for which it is anticipated that individual permits for mining will be sought. B. Cul…

A. Each application shall contain a description of the geology, and water quality and quantity of all lands within the proposed permit area and the adjacent area. The description shall include information on the characteristics of all surface and ground waters within the permit a…

A. The description shall include a general statement of the geology within the proposed permit area accompanied by appropriate maps and cross-sections down to and including the first aquifer to be affected below the lowest coal seam to be mined. B. Sampling requirements. (1) Test…

A. The application shall contain a description, including appropriate maps, cross sections, and written statements, of the ground water hydrology for the proposed permit and adjacent areas including: (1) the depth below the surface and the horizontal extent of the water table and…

A. Surface water information shall contain appropriate maps, cross-sections, charts and written-statements, including the name of the watershed which will receive water discharges, the water discharge into any surface body of water, and descriptions of surface drainage systems su…

The application shall identify the extent to which the proposed surface coal mining operations may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas for domestic, agricultural…

A. The application shall contain a statement of the climatological factors that are representative of the proposed permit area, including: (1) the average monthly and seasonal precipitation; (2) the average direction and velocity of prevailing winds; (3) seasonal temperature rang…

A. The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area for surface mining activities, or for underground mining activities the areas to be affected within the permit area b…

A. Each application shall include a study of fish and wildlife and their habitats within the proposed permit area and the portions of the adjacent areas where effects on such resources may reasonably be expected to occur. B. The applicant in consultation with the appropriate stat…

A. The applicant shall provide adequate soil survey information of the permit area for surface mining activities or for underground mining activities the areas to be affected within the permit area by surface operations or facilities consisting of the following: (1) a map delinea…

A. The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area for surface mining activities or for underground mining activities the area which will be affected within the permit area by surface operations …

The permit application shall include maps showing: A. all boundaries of land and names of present owners of record of those lands, both surface and subsurface, included in the permit area and where available the present owners of record of lands contiguous to the permit area; B. …

The application shall include cross sections, maps and plans showing: A. elevations and locations of test borings and core samplings; B. elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality if requi…

A. The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The director in consultation with U.S. natural resources conservation service shall determine the nature and extent of the …

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…

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

Each application shall contain a description of the mining operations proposed to be conducted within the proposed permit area including, at a minimum, the following: A. a narrative description of the type and method of coal mining procedures and proposed engineering techniques, …