reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.301 - LAND EXEMPT FROM DESIGNATION AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements of 19.8.3 NMAC do not apply to:
A. lands on which surface coal mining
				operations were being conducted on August 3, 1977;
B. lands covered by a permit issued under the
				act; or
C. lands where substantial
				legal and financial commitments in surface coal mining operations were in
				existence prior to January 4, 1977.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.302 - EXPLORATION ON LAND DESIGNATED AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Designation of any area as unsuitable for all or certain
				  types of surface coal mining operations pursuant to Section
				  69-25A-26
				  NMSA 1978 of the act and regulations of 19.8.2 through 19.8.4 NMAC, does not
				  prohibit coal exploration operations in the area, if conducted in accordance
				  with the act, 19.8.1 through 19.8.35 NMAC, and other applicable requirements.
				  Exploration operations on any lands designated unsuitable for surface coal
				  mining operations must be approved by the director under 19.8.6 NMAC to insure
				  that exploration does not interfere with any value for which the area has been
				  designated unsuitable for surface coal mining.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.400 - PROCEDURES: PETITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 information that a petitioner need provide is:
(1) the location and size of the area covered
				by the petition;
(2) allegations of
				facts and supporting evidence which would tend to establish that the area is
				unsuitable for all or certain types of surface coal mining
				operations;
(3) a description of
				how mining of the area has affected or may adversely affect people, land, air,
				water or other resources;
(4) the
				petitioner's name, address and telephone number; and
(5) identification of the petitioner's
				interest which is or may be adversely affected.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.401 - PROCEDURES: INITIAL PROCESSING, RECORD-KEEPING AND NOTIFICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 whether any
				identified coal resources exist in the area covered by the petition, without
				requiring any showing from the petitioner. If the director finds there are not
				any identified coal resources in that area, he shall return the petition to the
				petitioner with a statement of the findings.
(3) The director may reject petitions for
				designations or terminations of designations which are frivolous. Once the
				requirements of 19.8.4.400 NMAC are met, no party shall bear any burden of
				proof, but each accepted petition shall be considered and acted upon by the
				director pursuant to the procedures of this part.
(4) When considering a petition for an area
				which was previously and unsuccessfully proposed for designation, the director
				shall determine if the new petition presents new allegations of facts. If the
				petition does not contain new allegations of facts, the director shall not
				consider the petition and shall return the petition to the petitioner, with a
				statement of his findings and a reference to the record of the previous
				designation proceedings where the facts were considered.
(5) If the director determines that the
				petition is incomplete or frivolous, he shall return the petition to the
				petitioner, with a written statement of the reasons for the determination and
				the categories of information needed to make the petition complete.
(6) The director shall notify the person who
				submits a petition of any application for a permit received which proposes to
				include any area covered by the petition.
(7) Any petitions received after the close of
				the public comment period on a permit application relating to the same mine
				plan area shall not prevent the director from issuing a decision on that permit
				application. The director may return any petition received thereafter to the
				petitioner with a statement why the director cannot consider the petition. For
				the purposes of this section, close of the public comment period shall mean at
				the close of any informal conference held under 19.8.11.1103 NMAC, or, if no
				conference is requested, at the close of the period for filing written comments
				and objections under 19.8.11.1101 and 1102 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.402 - PROCEDURES: HEARING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				hearing.
B. Notification
				requirements.
(1) The director shall give
				notice of the date, time, and location of the hearing to:
(a) local, state, and federal agencies which
				may have an interest in the decision on the petition;
(b) the petitioner and the intervenors;
				and
(c) any person with an
				ownership or other interest known to the director in the area covered by the
				petition.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.403 - PROCEDURES: DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 information submitted
				during the comment period.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.404 - DATABASE AND INVENTORY SYSTEM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				limited to, information received from the United States fish and wildlife
				service, the state historic preservation officer, and the agency administering
				Section 127 of the Clean Air Act, as amended.
C. The director shall add to the data base
				and inventory system information:
(1) on
				potential coal resources of the State, demand for those resources, the
				environment, the economy and the supply of coal, sufficient to enable the
				director to prepare the statements required by Subsection E of 19.8.4.402 NMAC;
				and
(2) that becomes available from
				petitions, publications, experiments, permit applications, mining and
				reclamation operations, and other sources.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.405 - PUBLIC INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 designated as unsuitable for all
				or certain types of surface coal mining operations or to have designations
				terminated and describe how the inventory and data base system can be
				used.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.4.406 - DIRECTOR'S RESPONSIBILITY FOR IMPLEMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 shall make available to any person any information within his
				control regarding designations, including mineral or elemental content which is
				potentially toxic in the environment but excepting proprietary information
				relating to the coal to the extent consistent with the act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED.]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.500 - GENERAL REQUIREMENTS FOR PERMITS: OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  operations on non-federal lands within the state, unless that person has first
				  obtained a valid permit issued by the director under the approved
				  program.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.501 - CONTINUED OPERATION UNDER INTERIM PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  19.8.5.500
				  NMAC, if:
A. timely and complete
				application for a permit under the approved program has been made to the
				director in accordance with the provisions of the act, and 19.8 NMAC Parts
				1-35;
B. the director has not yet
				rendered an initial decision with respect to such application; and
C. the operations are conducted in compliance
				with all terms and conditions of the interim permit, the requirements of the
				act, and 19.8 NMAC Parts 1-35.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.502 - CONTINUED OPERATION UNDER FEDERAL PROGRAM PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
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 the state director for a state permit to
				supersede the federal permit.
B.
				The director may review a permit issued pursuant to the superseded federal
				program, to determine that the requirements of the act and 19.8 NMAC Parts 1-35
				are not violated by the federal permit.
C. To the extent that the approved state
				program contains additional requirements not contained in the federal program
				for the state, the director shall:
(1)
				promptly issue an order requiring the permittee to comply with such additional
				requirements within 60 days of the issuance of the order, unless the permittee
				demonstrates to the director that it is physically impossible to meet those
				additional requirements within 60 days, or unless the director agrees to a
				longer period under an established time schedule; and
(2) notify the permittee, in writing, of the
				right to a hearing with respect to the order in the manner and time provided
				for in the act and 19.8 NMAC Parts 1-35.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.503 - COMPLIANCE WITH PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.504 - PERMIT APPLICATION FILING DEADLINES

Current through Register Vol. 35, No. 13, July 16, 2024
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 shall file an application for a permit for these operations.
B. Permit renewals and revisions.
(1) An application for renewal of a permit
				shall be filed with the director at least 120 days before the expiration of the
				permit involved.
(2) Any
				application for revision of a permit shall be filed with the director before
				the date on which the permittee expects to revise surface coal mining or
				reclamation operations. After filing of such application, the director shall
				determine the time by which that application shall be approved or disapproved,
				based on the time required for review of the application and public
				participation in the process of review.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.505 - PERMIT APPLICATIONS: GENERAL REQUIREMENTS FOR FORMAT AND CONTENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 19.8.7, 19.8.8 and 19.8.9 NMAC and for special types
				of surface coal mining and reclamation operations, all the information required
				under 19.8.10 NMAC.
B. Information
				set forth in the application shall be current, presented clearly and concisely,
				and supported by appropriate references to technical and other written material
				available to the director.
C. All
				technical data submitted to the application shall be accompanied by:
(1) names of persons or organizations which
				collected and analyzed such data;
(2) dates of the collection and
				analyses;
(3) descriptions of
				methodology used to collect and analyze the data; and
(4) the application shall contain a
				bibliography of published and unpublished material used and names, addresses
				and telephone numbers of persons providing information through personal
				communication.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.506 - PERMIT AND EXPLORATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
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.
				Commencing the second year the annual permit fee shall be $2,500. In addition,
				there shall be an acreage fee of $25.00 per acre of disturbed permit area for
				which the bond has not been released, provided that $15,000 per year acreage
				fee is the maximum charge per year for all disturbance. The maximum annual fee
				will therefore be:
Permit fee = $2,500
Acreage fee = $15,000
Max. Total = $17,500
The annual fee is to be submitted with the annual
				  report.
C. Pending further
				study, the initial annual acreage fee shall not be collected for acres
				classified as disturbed, when disturbance is due to subsidence associated with
				underground mining, unless it is determined by the director that such
				subsidence causes significant environmental damage to the surrounding
				area.
D. The fee for transferring a
				permit shall be $1,000.
E. For
				revision applications expanding the size of the permit the fee shall be $4,000
				plus $25.00 per acre for the estimated area to be disturbed during the first
				year of mining in the expansion area. For all other revision applications the
				fee shall be $4,000.
F. The fee for
				filing a notice of intention to explore under 19.8.6.601 NMAC shall be
				$100.
G. The fee for filing an
				application for approval under 19.8.6.602 NMAC shall be
				$200.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 5 - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 19.8.5.508 - VERIFICATION OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.600 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 receives
				  approval from the director for such activities shall comply with 19.8.19
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.601 - GENERAL REQUIREMENTS: EXPLORATION OF LESS THAN 250 TONS

Current through Register Vol. 35, No. 13, July 16, 2024
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) the name, address, and telephone
				number of the person seeking to explore;
(2) the name, address, and telephone number
				of the representative who will be present at and responsible for conducting the
				exploration activities;
(3) a
				precise description and map at a scale of 1:24,000 or larger, of the
				exploration area;
(4) a statement
				of the period of intended exploration;
(5) a narrative description of the methods to
				be used to conduct coal exploration and reclamation, including, but not limited
				to, the types and uses of equipment, drilling, blasting, road or other access
				route construction, and excavated earth and other debris disposal
				activities.
(6) a description of
				the practices proposed to be followed to protect the environment from adverse
				impacts as a result of the exploration activities; and
(7) if the surface is owned by a person other
				than the person who intends to explore, a description of the basis upon which
				the person who will explore claims the right to enter such area for the purpose
				of conducting exploration and reclamation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.603 - APPLICATIONS: APPROVAL OR DISAPPROVAL OF EXPLORATION OF MORE THAN 250 TONS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				in the application:
(1) will be conducted in
				accordance with the act, 19.8.19 NMAC and these rules and
				regulations;
(2) will not
				jeopardize the continued existence of an endangered or threatened species
				listed pursuant to Section 4 of the Endangered Species Act of 1973 and the
				Wildlife Conservation Act, Sections
				17-3-17
				et. seq. NMSA 1978 and the laws relating to the protection of New Mexico native
				plants including Sections
				76-8-1
				through
				76-8-4 NMSA
				1978 or result in the destruction of adverse modification of critical habitat
				of those species and will also comply with the Habitat Protection Act, Sections
				17-6-1 et.
				seq. NMSA 1978;
(3) will not
				adversely affect any districts, sites, buildings, structures, or objects listed
				on the national register of historic places unless the proposed exploration has
				been approved by both the director and the agency with jurisdiction over such
				matters;
(4) with respect to
				exploration activities on any lands protected under 19.8.2.201 NMAC, will
				minimize interference, to the extent technologically and economically feasible,
				with the values for which those lands were designated as unsuitable for surface
				coal mining operations; before making this finding, the director must provide
				reasonable opportunity to the owner of the feature causing the land to come
				under the protection of 19.8.2.201 NMAC, and, when applicable, to the agency
				with primary jurisdiction over the feature with respect to the values that
				caused the land to come under the protection of 19.8.2.201 NMAC, to comment on
				whether the finding is appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.604 - APPLICATION: NOTICE AND HEARING FOR EXPLORATION OF MORE THAN 250 TONS

Current through Register Vol. 35, No. 13, July 16, 2024
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. The director shall provide public
				notice of approval or disapproval of each application by publication in a
				newspaper of general circulation in the county of the proposed
				operation.
B. Any person with
				interests which are or may be adversely affected by decision of the director
				pursuant to Subsection A of 19.8.6.604 NMAC above, shall have the opportunity
				for administrative and judicial review as are set forth in 19.8.12
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.605 - COAL EXPLORATION COMPLIANCE DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. All coal exploration and reclamation which
				substantially disturb the natural land surface or which remove more than 250
				tons of coal shall be conducted in accordance with the coal exploration
				requirements of the act, 19.8.6 and 19.8.19 NMAC and all appropriate provisions
				of 19.8 NMAC, and any conditions on approval for exploration and reclamation
				imposed by the director.
B. Any
				person who conducts any coal exploration in violation of Section
				69-25A-16
				NMSA 1978 of the act, the provisions of 19.8.6 and 19.8.19 NMAC and any other
				parts of 19.8 NMAC shall be subject to the provisions of Section
				69-25A-22
				NMSA 1978 of the act, 19.8.29, 19.8.30 and 19.8.31 NMAC, and the applicable
				inspection and enforcement provisions of 19.8 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.606 - PUBLIC AVAILABILITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in Subsection B of
				19.8.6.606 NMAC, all information submitted to the director under this part
				shall be made available for public inspection and copying at the director's
				office.
B. Confidential
				information.
(1) The director shall not make
				information available for public inspection, if the person submitting it
				requests in writing, at the time of submission, that it not be disclosed and
				the director determines that the information is confidential.
(2) The director shall determine that
				information is confidential only if it concerns trade secrets or is privileged
				commercial or financial information which relates to the competitive rights of
				the person intending to conduct coal exploration.
(3) Information requested to be held as
				confidential under this section shall not be made publicly available until
				after notice and opportunity to be heard is afford both persons seeking and
				opposing disclosure of the information.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Coal Surface Mining Commission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.700 - RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.701 - IDENTIFICATION OF INTERESTS

Current through Register Vol. 35, No. 13, July 16, 2024
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,
				address, telephone number and, as applicable, social security number and
				employer identification number of the:
(1)
				applicant;
(2) applicant's resident
				agent; and
(3) person who will pay
				the abandoned mine land reclamation fee;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.702 - COMPLIANCE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
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
				submission of the application; or
(2) forfeited a performance bond or similar
				security deposited in lieu of bond;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.703 - RIGHT OF ENTRY AND OPERATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 those documents by type and date of execution, identify the specific
				lands to which the document pertains, and explain the legal rights claimed by
				the applicant.
B. Where the private
				mineral estate to be mined has been severed from the private surface estate,
				the application shall also provide for lands within the permit area:
(1) a copy of the written consent of the
				surface owner to the extraction of coal by surface mining methods; or
(2) a copy of the document of conveyance that
				expressly grants or reserves the right to extract the coal by surface mining
				methods; or
(3) if the conveyance
				does not expressly grant the right to extract the coal by surface mining
				methods, documentation that under applicable state law, the applicant has the
				legal authority to extract the coal by those methods.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.704 - RELATIONSHIP TO AREAS DESIGNATED UNSUITABLE FOR MINING

Current through Register Vol. 35, No. 13, July 16, 2024
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.
B. If an applicant claims the
				exemption in Paragraph (2) of Subsection D of 19.8.11.1106 NMAC, the
				application shall contain information supporting the applicant's
				assertion.
C. An application that
				proposes to conduct surface coal mining operations within 100 feet of a public
				road or within 300 feet of an occupied dwelling must meet the requirements of
				Subsection D or E of 19.8.2.202 NMAC, respectively.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.705 - PERMIT TERM INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 the
				total life of the permit.
(2) The
				horizontal and vertical extent of the proposed workings for each phase of the
				operation for the life of the permit shall be shown for underground
				mining.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.706 - PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.707 - IDENTIFICATION OF OTHER LICENSES AND PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
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;
C.
				identification numbers of applications for those permits or licenses or, if
				issued, the identification numbers of the permits or licenses; and
D. if a decision has been made, the date of
				approval or disapproval by each issuing authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.708 - IDENTIFICATION OF LOCATION OF PUBLIC OFFICE FOR FILING OF APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION › Section 19.8.7.709 - NEWSPAPER ADVERTISEMENT AND PROOF OF PUBLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  19.8.11.1100
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Surface Mining Act,
				  NMSA 1978, Sections
				  69-25A-1
				  et. Seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  69-25A-1
				  et. seq. (1979).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 29, 1997, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 Mexico Surface
				  Mining Act, in accordance with provisions and standards outlined in the New
				  Mexico Surface Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.8.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.800 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 8 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 19.8.8.801 - GENERAL ENVIRONMENTAL RESOURCES INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
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. Cultural and historical resources.
(1) the nature of cultural and historic
				resources listed or eligible for listing on the national register of historic
				places and known archeological features within the proposed permit and adjacent
				areas. The description shall be based on all available information, including,
				but not limited to, data of state and local archeological, historical, and
				cultural preservation agencies.
(2)
				The director may require the applicant to identify and evaluate important
				historic and archeological resources that may be listed or eligible for listing
				on the national register of historic places, through:
(a) collection of additional
				information;
(b) conduct of field
				investigations; or
(c) other
				appropriate analyses.