New Mexico Administrative Code

A. For all surface coal mining operations with projected production rates exceeding 1,000,000 tons of coal per year, the application shall contain an air pollution control plan which includes the following: (1) an air quality monitoring program to provide sufficient data to evalu…

A. Each application shall contain a fish and wildlife plan, consistent with 19.8.20.2051 NMAC which provides: (1) a statement of how the plan will minimize disturbances and adverse impacts on fish and wildlife and related environmental values during surface coal mining and reclam…

A. Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with Sections 69-25A-19 and 69-25A-20 NMSA 1978 of the act and 19.8.1 through 19.8.35 NMAC. The plan shall include, at a minimum, all infor…

A. Each plan shall contain a detailed description, with appropriate maps and cross section drawings, of the measures to be taken during and after the proposed surface coal mining operations, in accordance with 19.8.20 NMAC, to ensure the protection of: (1) the quality of surface …

A. Each plan shall contain a detailed description of the proposed use, following reclamation of the land within the proposed permit area for surface mining activities or for underground mining activities, the areas to be affected within the proposed permit area by surface operati…

A. General. Each application shall include a general plan for each proposed sedimentation pond, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area. (1) Each general plan shall: (a) be prepared by, or under the direction of, and c…

For surface mining activities within the proposed permit area to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with 19.8.20.2038.

Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 19.8.20.2011 and 2012 NMAC.

A. Proposed operations that may have an adverse effect on any publicly owned parks or any places listed on the national register of historic places shall include a plan: (1) describing the measures to be used to prevent or alleviate adverse impacts, or (2) designed to minimize ad…

Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under Subsection D of 19.8.2.202 NMAC, the applicant seeks to have the director approve: A. cond…

A. For surface mining activities, each application shall contain descriptions, including appropriate maps and cross section drawings, of the proposed disposal site and design of the spoil disposal structures according to 19.8.20.2034 through 2037 NMAC. These plans shall describe …

Each plan shall contain descriptions, including appropriate maps and cross section drawings of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to…

Each application for a permit to conduct surface coal mining and reclamation operations shall contain plans and drawings for each road, conveyor, or rail system to be constructed, used or maintained within the proposed permit area. Plans and drawings shall include a map, appropri…

A. Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the director and the mine safety and health administration under 19.8.…

A. An application for an underground coal mine shall include the following information: (1) a topographic map of the permit and adjacent areas at a scale of 1:12,000 or larger, as required by the director, showing the location and type of structures and renewable resource lands t…

Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections…

Environmental Improvement Board.

A. Board: The board shall exercise all powers and duties prescribed under this part and not otherwise delegated to the hearing officer or the board administrator. B. Hearing officer: The board shall designate a hearing officer for each hearing who shall exercise all powers and du…

This part shall be liberally construed to carry out their purpose.

If any part or application of this part is held invalid, the remainder of this part, or their application to other persons or situations, shall not be affected.

A. Computation of time: In computing any period of time prescribed or allowed by this part, except as otherwise specifically provided, the day of the event from which the designated period begins to run shall not be included. The last day of the computed period shall be included,…

No board member shall participate in any action in which his or her impartiality of fairness may reasonably be questioned, and the member shall recuse himself or herself in any such action by giving notice to the board and the general public by announcing this recusal on the reco…

At no time after the initiation and before the conclusion of a proceeding under this part, shall the department, or any other party, interested participant, or their representatives discuss ex parte the merits of the proceeding with any board member or the hearing officer.

This part is adopted pursuant to Sections 14-4-1 to -11, 50-9-12, 74-1-5, 74-1-8, 74-1-9, 74-2-6, 74-3-5, 74-4-5 and 74-9-27 NMSA 1978.

A. The filing of any document as required by this part shall be accomplished by delivering the document to the board administrator and the board legal counsel. B. Any person filing any document shall: (1) provide the board administrator with the original and nine copies of the do…

A. Examination allowed: Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during normal business hours, inspect and copy any document filed in any rulemaking proceeding before the board. Such documents shall be made av…

This part governs the procedures in all rulemaking hearings before the board, except to the extent that this part may be inconsistent with specific procedures in governing law. In cases where this part is inconsistent with any rulemaking procedures specified in governing law, the…

A. Any person may file a petition with the board to adopt, amend or repeal any regulation within the jurisdiction of the board. B. The petition shall be in writing and shall include a statement of the reasons for the regulatory change. The petition shall cite the relevant statute…

A. Unless otherwise allowed by governing law and specified by the board, the board shall provide to the public notice of the proposed rulemaking at least 60 days prior to the hearing. Notice of the proposed rulemaking shall include publication in at least one newspaper of general…

A. Any person, including the petitioner, who intends to present technical testimony at the hearing shall, no later than 20 days prior to the hearing, file a notice of intent to present technical testimony with the board administrator. The notice shall: (1) identify the person for…

Any person may file an entry of appearance as a party. The entry of appearance shall be filed with the board administrator no later than 20 days before the date of the hearing on the petition. In the event of multiple entries of appearance by those affiliated with one interest gr…

A. Any member of the general public may testify at the hearing. No prior notification is required to present non-technical testimony at the hearing. Any such member may also offer non-technical exhibits in connection with his testimony, so long as the exhibit is not unduly repeti…

Unless otherwise provided by governing law, the board may hold hearings on proposed regulatory changes of statewide application in Santa Fe or within any area of the state substantially affected by the proposed regulatory change, and shall hold hearings on proposed changes of loc…

A. A member of the board may participate in a meeting or hearing of the board by means of a conference telephone or other similar communications equipment, when it is otherwise difficult or impossible for the member to attend the meeting or hearing in person, provided that each m…

A. General: All motions, except those made orally during a hearing, shall be in writing, specify the grounds for the motion and state the relief sought. Each motion shall be accompanied by an affidavit, certificate or other evidence relied upon and shall be served as provided by …

Permanent.

A. The rules of civil procedure and the rules of evidence shall not apply. B. The hearing officer shall conduct the hearing so as to provide a reasonable opportunity for all persons to be heard without making the hearing unreasonably lengthy or cumbersome, or burdening the record…

A. All testimony will be taken under oath or affirmation which may be accomplished in mass or individually. B. The hearing officer shall admit any relevant evidence, unless the hearing officer determines that the evidence is incompetent or unduly repetitious. The hearing officer …

A. Any person offering an exhibit at hearing, other than a document filed and served before the hearing, shall provide at least an original and nine copies for the board, and a sufficient number of copies for every other party. B. All exhibits offered at the hearing shall be mark…

A. Unless specified by the board or hearing officer, a verbatim transcript shall be made of the hearing. The cost of the original transcript of the proceeding and of providing a copy for each board member shall be borne by the petitioner. B. Any person may obtain a copy of the tr…

The hearing officer may allow the record to remain open for a reasonable period of time following the conclusion of the hearing for written submission of additional evidence, comments and arguments, and proposed statements of reasons. The hearing officer's determination regarding…

If the board directs, the hearing officer shall file a report of the hearing. The report shall identify the issues addressed at the hearing, identify the parties' final proposals and the evidence supporting those proposals, including discussion or recommendations as requested by …

A. If a quorum of the board attended the hearing, and if the hearing notice indicated that a decision might be made at the conclusion of the hearing, the board may immediately deliberate and make a decision on the proposed regulatory change. B. If the board does not reach a decis…

A. The board administrator shall provide to the public notice of the board's action and a concise explanatory statement. B. The adopted rule shall not take effect unless within 15 days of adoption of the rule, the board delivers the final rule to the state records administrator, …

April 14, 2018, unless a later date is cited at the end of a section.

A. Appeal of any regulatory change by the board shall be taken in accordance with governing law. B. The appellant shall serve a copy of the notice of appeal on the board and on each party. C. The appellant shall be responsible for preparation of a sufficient number of copies of t…

A. Any person who is or may be affected by a rule adopted by the board may file a motion with the board seeking a stay of that rule or regulatory change. The motion shall include the reason for, and the legal authority supporting, the granting of a stay. The movant shall file the…