reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.19 - BOND

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever the director contemplates that it may be necessary
				  to insure compliance under the provisions of the Act, or any regulation or
				  mining plan requirement, he shall give notice of intention to require bond, its
				  condition and amount, to the operator and the operator shall be given
				  opportunity to respond to the proposed bond. In the event the operator does not
				  agree on the necessity, or the terms, conditions or amount of any proposed
				  bond, the director shall provide the operator the opportunity for a hearing
				  thereupon under the procedures of Section 8 [now
				  19.8.36.15
				  NMAC] of these regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.20 - AMENDMENT OF PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
For good cause shown, mining permits may be amended upon
				  approval of the director. The director may, in the exercise of his discretion,
				  order a public hearing upon reasonable notice to the permittee and the public.
				  Such hearing shall be conducted in accordance with the provisions of Section 8
				  [now
				  19.8.36.15
				  NMAC] of these regulations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.21 - INTERIM PERIOD PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permits issued pursuant to this Rule 79-1 [now 19.8.36 NMAC], preceding the
				date which occurs eight months following the date upon which the state program
				is approved, within the meaning of Section 503 of the Surfacemining Control and
				Reclamation Act of 1977, shall be deemed to be determined a permit issued
				pursuant to Laws 1972, Chapter 68, and regulations that relate thereto. Such
				permits shall be subject to the performance standards set forth in Sections 16
				through 38 of this Rule 79-1[now 19.8.36.22 NMAC through 19.8.36.44
				NMAC].
B. Notwithstanding the
				foregoing subsection, and following the approval of a permanent state program,
				the director may issue permits pursuant to Section 9 of the Surface Mining
				Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.22 - GENERAL PERFORMANCE STANDARDS: GENERAL OBLIGATIONS (715.11)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authorizations
				to operate. A copy of all current permits, licenses, approved plans, or other
				authorizations to operate the mine shall be available for inspection at or near
				the mine site.
B. Mine maps. Any
				person conducting surface coal mining and reclamation operations on and after
				May 3, 1978, shall submit two copies of an accurate map of the mine and permit
				area at a scale of 1:6000 or larger. The map shall show as of May 3, 1978, the
				lands from which coal has not yet been removed and the lands and structures
				which have been used or disturbed to facilitate mining. One copy of the mine
				map shall be submitted to the state regulatory authority and one copy shall be
				submitted to the regional director, OSM, before July 3, 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.23 - GENERAL PERFORMANCE STANDARDS: SIGNS AND MARKERS (715.12)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Specifications.
				All signs required to be posted shall be of a standard design that can be seen
				and read easily and shall be made of durable material. The signs and other
				markers shall be maintained during all operations to which they pertain and
				shall conform to local ordinances and codes.
B. Mine and permit identification signs.
				Signs identifying the mine area shall be displayed at all points of access to
				the permit area from public roads and highways. Signs shall show the name,
				business address and telephone number of the permittee and identification
				numbers of current mining and reclamation permit. Such signs shall not be
				removed until after release of all bonds.
C. Perimeter markers. The perimeter of the
				permit area shall be clearly marked by durable and easily recognized markers or
				by other means approved by the regulatory authority.
D. Buffer zone markers. Buffer zones as
				defined in Section 715.17 shall be marked in a manner consistent with the
				perimeter markers along the interior boundary of the buffer zone.
E. Blasting signs. If blasting is necessary
				to conduct surface coal mining operations, signs reading "Blasting Area" shall
				be displayed conspicuously at the edge of blasting areas along access and haul
				roads within the mine property. Signs reading "Blasting Area" and explaining
				the blasting warning and all-clear signals shall be posted at all entrances to
				the permit area.
F. Topsoil
				markers. Where topsoil or other vegetation-supporting material is segregated
				and stockpiled according to Section 715.16(c), the stockpiled material shall be
				marked. Markers shall remain in place until the material is removed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.24 - GENERAL PERFORMANCE STANDARDS: POSTMINING USE OF LAND (715.13)

Current through Register Vol. 35, No. 13, July 16, 2024
A. General. All
				disturbed areas shall be restored in a timely manner (1) to conditions that are
				capable of supporting the uses which they were capable of supporting before any
				mining, or (2) to higher or better uses achievable under criteria and
				procedures of paragraph (d) of this Section [now Subsection D of 19.8.36.24
				NMAC].
B. Determining premining
				use of land. The premining uses of land to which the postmining land use is
				compared shall be those uses which the land previously supported if the land
				had not been previously mined and had been properly managed.
(1) The postmining land use for land that has
				been previously mined and not reclaimed shall be judged on the basis of the
				highest and best use that can be achieved and is compatible with surrounding
				areas.
(2) The postmining land use
				for land that has received improper management shall be judged on the basis of
				the premining use of surrounding lands that have received proper
				management.
(3) If the premining
				use of the land was changed within five years of the beginning of mining, the
				comparison of postmining use to premining use shall include a comparison with
				the historic use of the land as well as its use immediately preceding
				mining.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.25 - GENERAL PERFORMANCE STANDARDS: BACKFILLING AND GRADING (715.14)

Current through Register Vol. 35, No. 13, July 16, 2024
In order to achieve the approximate original contour, the
				  permittee shall, except as provided in this section, transport, backfill,
				  compact (where advisable to ensure stability or to prevent leaching of toxic
				  materials) and grade all spoil material to eliminate all highwalls, spoil piles
				  and depressions. Cut-and-fill terraces may be used only in those situations
				  expressly identified in this section. The postmining graded slopes must
				  approximate the premining natural slopes in the area as defined in paragraph
				  (a) [now Subsection A of 19.8.36.25 NMAC].
A. Slope measurements.
(1) To determine the natural slopes of the
				area before mining, sufficient slopes to adequately represent the land surface
				configuration, and as approved by the regulatory authority in accordance with
				site conditions, must be accurately measured and recorded. Each measurement
				shall consist of an angle of inclination along the prevailing slope extending
				100 linear feet above and below or beyond the coal outcrop or the area to be
				disturbed; or, where this is impractical, at locations specified by the
				regulatory authority. Where the area has been previously mined, the
				measurements shall extend at least 100 feet beyond the limits of mining
				disturbances as determined by the regulatory authority to be representative of
				the premining configuration of the land. Slope measurements shall take into
				account natural variations in slope so as to provide accurate representation of
				the range of natural slopes and shall reflect geomorphic differences of the
				area to be disturbed. Slope measurements may be made from topographic maps
				showing contour lines, having sufficient detail and accuracy consistent with
				the submitted mining and reclamation plan.
(2) After the disturbed area has been graded,
				the final graded slopes shall be measured at the beginning and end of lines
				established on the prevailing slope at locations representative of premining
				slope conditions and approved by the regulatory authority. These measurements
				must not be made so as to allow unacceptably steep slopes to be
				constructed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.28 - GENERAL PERFORMANCE STANDARDS: PROTECTION OF THE HYDROLOGIC SYSTEM (715.17)

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee shall plan and conduct coal mining and
				  reclamation operations to minimize disturbance to the prevailing hydrologic
				  balance in order to prevent long-term adverse changes in the hydrologic balance
				  that could result from surface coal mining and reclamation operations, both
				  on-and off-site. Changes in water quality and quantity, in the depth to
				  groundwater, and in the location of surface water drainage channels shall be
				  minimized such that the postmining land use of the disturbed land is not
				  adversely affected and applicable federal and state statutes and regulations
				  are not violated. The permittee shall conduct operations so as to minimize
				  water pollution and shall, where necessary, use treatment methods to control
				  water pollution. The permittee shall emphasize surface coal mining and
				  reclamation practices that will prevent or minimize water pollution and changes
				  in flows in preference to the use of water treatment facilities. Practices to
				  control and minimize pollution include, but are not limited to, stabilizing
				  disturbed areas through grading, diverting runoff, achieving quick growing
				  stands of temporary vegetation, lining drainage channels with rock or
				  vegetation, mulching, sealing acid-forming and toxic-forming materials, and
				  selectively placing waste materials in backfill areas. If pollution can be
				  controlled only by treatment, the permittee shall operate and maintain the
				  necessary water-treatment facilities for as long as treatment is
				  required.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.31 - GENERAL PERFORMANCE STANDARDS: USE OF EXPLOSIVES (715.19)

Current through Register Vol. 35, No. 13, July 16, 2024
A. General.
(1) The permittee shall comply with all
				applicable local, state and federal laws and regulations and the requirements
				of this section in the storage, handling, preparation and use of
				explosives.
(2) Blasting operations
				that use more than the equivalent of 5 pounds of TNT shall be conducted
				according to a time schedule approved by the regulatory authority.
(3) All blasting operations shall be
				conducted by experienced, trained and competent persons who understand the
				hazards involved. Persons working with explosive materials shall:
(a) Have demonstrated a knowledge of, and a
				willingness to comply with safety and security requirements;
(b) Be capable of using mature judgement in
				all situations;
(c) Be in good
				physical condition and not addicted to intoxicants, narcotics or other similar
				types of drugs;
(d) Possess current
				knowledge of the local, state and federal laws and regulations applicable to
				his work; and
(e) Have obtained a
				certificate of completion of training and qualification as required by state
				law or the regulatory authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.32 - GENERAL PERFORMANCE STANDARDS: REVEGETATION (715.20)

Current through Register Vol. 35, No. 13, July 16, 2024
A. General.
(1) The permittee shall establish on all land
				that has been disturbed, a diverse, effective and permanent vegetative cover of
				species native to the area of disturbed land or species that will support the
				planned postmining uses of the land approved according to Section 715.13. For
				areas designated as prime farmland, the reclamation procedures of Section 716.7
				shall apply.
(2) Revegetation shall
				be carried out in a manner that encourages a prompt vegetative cover and
				recovery of productivity levels compatible with approved land uses. The
				vegetative cover shall be capable of stabilizing the soil surface with respect
				to erosion. All disturbed lands, except water areas and surface areas of roads
				that are approved as a part of the postmining land use, shall be seeded or
				planted to achieve a vegetative cover of the same seasonal variety native to
				the area of disturbed land. If both the pre-and postmining land use is
				intensive agriculture, planting of the crops normally grown will meet the
				requirement. Vegetative cover will be considered of the same seasonal variety
				when it consists of a mixture of species of equal or superior utility for the
				intended land use when compared with the utility of naturally occurring
				vegetation during each season of the year.
(3) On federal lands, the surface management
				agency shall be consulted for approval prior to revegetation regarding what
				species are selected, and following revegetation, to determine when the area is
				ready to be used.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.33 - SPECIAL PERFORMANCE STANDARDS: GENERAL OBLIGATIONS (716.1)

Current through Register Vol. 35, No. 13, July 16, 2024
All surface coal mining and reclamation operations subject to
				  this part shall comply with the applicable special performance standards in
				  this part. Such operations shall also comply with all general performance
				  standards in Part 715 of this chapter unless specifically exempted in this part
				  from the requirements of Part 715.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.34 - SPECIAL PERFORMANCE STANDARDS: STEEP-SLOPE MINING (716.2)

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee conducting surface coal mining and reclamation
				  operations on natural slopes that exceed 20 degrees, or on lesser slopes that
				  require measures to protect the area from disturbance, as determined by the
				  regulatory authority after consideration of soils, climate, the method of
				  operation, geology and other regional characteristics, shall meet the following
				  performance standards. The standards of this section do not apply where mining
				  is done on a flat or gently rolling terrain with an occasional steep slope
				  through which the mining proceeds and leaves a plain or pre-dominantly flat
				  area; or where the mining is governed by Section 716.3.
A. Spoil, waste materials or debris,
				including that from clearing and grubbing, and abandoned or disabled equipment,
				shall not be placed or allowed to remain on the downslope.
B. The highwall shall be completely covered
				with spoil and the disturbed area graded to comply with the provisions of
				Section 715.14 of this chapter. Land above the highwall shall not be disturbed
				unless the regulatory authority finds that the disturbance will facilitate
				compliance with the requirements of this Section.
C. Material in excess of that required to
				meet the provisions Section 715.14 of this chapter shall be disposed of in
				accordance with the requirements of Section 715.15 of this chapter.
D. Woody materials may be buried in the
				backfilled area only when burial does not cause, or add to, instability of the
				backfill. Woody materials may be chipped and distributed through the backfill
				when approved by the regulatory authority.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.35 - SPECIAL PERFORMANCE STANDARDS: MOUNTAINTOP REMOVAL (716.3)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Surface coal
				mining and reclamation operations that remove entire coal seams running through
				the upper fraction of a mountain, ridge or hill by removing all of the
				overburden and creating a level plateau or gently rolling contour with no
				highwalls remaining are exempt from the requirements of Section 715.14 of this
				chapter for achieving approximate original contour, if the following
				requirements are met:
(1) An industrial,
				commercial, agricultural, residential or public facility (including
				recreational facilities) use is proposed for the affected land.
(2) The alternative land use criteria in
				Section 715.13(d) of this chapter are met and the proposal is approved by the
				regulatory authority.
(3) All other
				applicable requirements of Part 715 of this chapter can be met.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.36 - SPECIAL PERFORMANCE STANDARDS: PRIME FARMLANDS (716.7):[3]

Current through Register Vol. 35, No. 13, July 16, 2024
3 - Enforcement of these
				  provisions promulgated pursuant to Sections 510(d) and 515(b)(7) of the federal
				  act will be enjoined to the extent they impose perfor mance standards on
				  operations that are exempt from these requirements pursuant to Section
				  510(d)(2).
A. Applicability.
(1) Permittees of surface coal mining and
				reclamation operations conducted on prime farmland shall comply with the
				general performance standards of Part 715 of this chaper in addition to the
				special requirements of this Section. Prime farmlands are those lands defined
				in Paragraph (b) [now Subsection B of 19.8.36.36 NMAC] of this Section that
				have been used for the production of cultivated crops, including nurseries,
				orchards and other speciality crops , and small grains for at least 5 years out
				of the 20 years preceding the date of the permit application.
(2) The requirements of this Section are
				applicable to any permit issued on or after August 3, 1977. Permits issued
				before that date and revisions or renewals of those permits need not conform to
				the provisions of this Section regarding actions to be taken before a permit is
				issued. Permit renewals or revisions shall include only those areas that:
(a) Were in the original permit area or in a
				mining plan approved prior to August 3, 1977; or
(b) Are contiguous and under State regulation
				or practice would have normally been considered as a renewal or revision of a
				previously approved plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.37 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: GENERAL OBLIGATIONS (717.11)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Compliance. Alll underground coal mining and associated reclamation operations
				conducted on lands where any element of the operations is regulated by a state
				shall comply with the initial performance standards of this Part.
(1) For the purposes of this Part,
				underground coal mining and associated reclamation operations mean a
				combination of surface operations and underground operations. Surface
				operations include construction, use, and reclamation of new and existing
				access and haul roads, aboveground repair areas, storage areas, processing
				areas, shipping areas and areas upon which are sited support facilities
				including hoist and ventilating ducts, and on which material incident to
				underground mining operations are placed. Underground operations include
				underground construction, operation, and reclamation of shafts, adits,
				underground support facilities, underground mining, hauling, storage and
				blasting.
(2) For the purpose of
				this Part the term permittee means the person permitted to conduct underground
				mining operations by a state or if no permit is issued in the state, the person
				operating a mine.
(3) For the
				purpose of this Part, disturbed areas means surface work areas and lands
				affected by surface operations including, but not limited to, roads, mine entry
				excavations, above ground (surface) work areas, such as tipples, coal
				processing facilities and other operating facilities, waste work and spoil
				disposal areas, and mine waste impoundments or embankments. "Disturbed area" is
				synonymous with the word's "affected area" used in Sections 1 through 37 [now
				19.8.36.8 NMAC through 19.8.36.43 NMAC].
(4) Where state environmental protection
				standards are adopted for a specific state because they are more stringent than
				the standards of this part, they will be published in Part 718 of this
				chapter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.38 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: SIGNS AND MARKERS (717.12)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Specifications. All signs required to be posted shall be of a standard design
				that can be seen and read easily and shall be made of durable material and
				shall conform to local ordinances and codes. The signs and other markers shall
				be maintained during all operations to which they pertain.
B. Mine and permit identification signs.
				Signs identifying the mine area shall be displayed at all points of access to
				the permit area from public highways. Signs shall show the name, business
				address and telephone number of the permittee and identification numbers of
				current mining and reclamation permit. Such signs shall not be removed until
				after release of all bonds.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.39 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: BACKFILLING AND GRADING OF ROAD CUTS, MINE ENTRY AREA CUTS AND OTHER SURFACE WORK AREAS (717.14)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon completion
				of underground mining, surface work areas which are involved in excavation,
				disposal of materials or otherwise affected, shall be regraded to approximate
				original contour. The permittee shall transport, backfill and compact fill
				material to assure stability or to prevent leaching of toxic pollutants. Barren
				rock or similar materials excess to the mining operations and which are
				disposed on the land surface shall be subject to the provision of Section
				717.15 of this Part. Roads and support facility areas existing prior to the
				effective date of this Part and used in support of underground mining
				operations which are subject to this Part shall be regraded to the extent
				deemed feasible by the regulatory authority based on the availability of
				backfill material and resulting stability of the affected lands after
				reclamation. As a minimum, the permittee shall be required to:
(1) Retain all earth, rock and other mineral
				nonwaste materials on the solid portion of existing or new benches, except that
				the regulatory authority may permit placement of such material at the site of
				the faceup as a means of disposing of excavated spoil when additional working
				space is needed to facilitate operations. Such placement of material shall be
				limited to minimize disturbance of land and to the hydrologic balance. Such
				fills shall be stabilized with vegetation and shall achieve a minimum static
				safety factor of 1.5. In no case shall the outslope exceed the angle of
				repose.
(2) Backfill and grade to
				the most moderate slope possible to eliminate any highwall along roads, mine
				entry faces or other areas. Slopes shall not exceed the angle of repose or such
				lesser slopes as required by the regulatory authority to maintain
				stability.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.40 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: DISPOSAL OF EXCESS ROCK AND EARTH MATERIALS ON SURFACE AREAS ( 717.15)

Current through Register Vol. 35, No. 13, July 16, 2024
Excess rock and earth materials produced from an underground
				  mine and not disposed in underground workings or used in backfilling and
				  grading operations shall be placed in surface disposal areas in accordance with
				  requirements of Section 715.15. Where the volume of such material is small and
				  its chemical and physical characteristics do not pose a threat to either public
				  safety or the environment the regulatory authority may modify the requirements
				  of Section 715.15 in accordance with Section 717.14(a)(1).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.43 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: TOPSOIL HANDLING AND REVEGETATION (717.20)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Topsoil shall be removed as a separate operation from areas to be disturbed by
				surface operations such as roads and areas upon which support facilities are to
				be sited. Selected overburden materials may be used instead of, or as a
				substitute for topsoil where the resulting soil medium is determined by the
				regulatory authority to be equal to or more suitable for revegetation. Topsoil
				shall be segregated, stockpiled, and protected from wind and water erosion or
				contaminants. Disturbed areas no longer required for the conduct of mining
				operations shall be regraded, topsoil distributed and revegetated.
B. The permittee shall establish on all land
				that has been disturbed by mining operations a diverse, effective and permanent
				vegetative cover capable of self-regeneration and plant succession, and
				adequate to control soil erosion. Introduced species may be substituted for
				native species if approved by the regulatory authority. Introduced species
				shall meet applicable State and Federal seed or introduced species statutes,
				and may not include poisonous or potentially toxic species.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.44 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: COAL EXPLORATION

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to conducting any exploration, any person must file
				  with the Director notice of intention to explore and such notice shall include
				  a description of the exploration area and the period of supposed exploration;
				  and provisions for reclamation in accordance with the performance standards in
				  Section 19 of the Surfacemining Act of all lands substantially disturbed in
				  exploration, including excavation, roads, drill holes and the removal of the
				  necessary facilities and equipment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.45 - APPROVED

Current through Register Vol. 35, No. 13, July 16, 2024
D. E. Gray
Chairman
New Mexico Coal Surfacemining Commission
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.10.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.10.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.10.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.10.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.10.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definitions with
				letter "A."
(1) "Acid/Acid Drainage" means
				water that is discharged from an area affected by mineral exploration, mining
				or reclamation, with a pH of less than 5.5 and in which total acidity exceeds
				total alkalinity as defined by the latest edition of Standard Methods for the
				Examination of Water and Wastewater.
(2) "Act" means the New Mexico Mining Act,
				Sections
				69-36-1
				through
				69-36-20, NMSA
				1978.
(3) "Affected area" means the
				area outside of the permit area where the land surface, surface water, ground
				water or air resources are impacted by mining operations within the permit
				area.
(4) "As-built drawings" means
				engineering drawings signed and sealed by a professional engineer registered in
				New Mexico which portray facilities as constructed and which the engineer
				certifies that the facility meets the requirements of the relevant
				rule.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.201 - APPLICATION FEES

Current through Register Vol. 35, No. 13, July 16, 2024
Applications filed with the director shall be accompanied by
				  a fee determined under the following schedule:
A. The permit application fee for an existing
				mining operation shall be determined by adding:
(1) $1,000.00 base fee;
(2) $15.00 per acre for the first 50 acres of
				land expected to be disturbed over the life of the mine (design limits) for
				surface disturbance, plus $5.00 per acre for all such land over 50
				acres;
(3) a fee determined in
				accordance with 19.10.2.203 NMAC; and
(4) if a closeout plan is submitted with the
				initial application, an additional fee will be assessed in accordance with
				Subsection K of 19.10.2.201 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.202 - ANNUAL FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The annual
				fee for an existing mining operation shall be determined by adding:
(1) $800.00 base fee;
(2) $15.00 per acre for the first 50 acres of
				currently disturbed surface land plus $3.00 per acre for all disturbed land
				over 50 acres;
(3) a fee determined
				in accordance with 19.10.2.203 NMAC;
(4) a surcharge of 75% shall be added to the
				total annual fees for mining operations that have 500 acres or more disturbed
				area in their permit as defined in Paragraph (2) of Subsection D of 19.10.1.7
				NMAC; substantially reclaimed acreage as defined in Paragraph (1) of Subsection
				F of 19.10.2.202 NMAC will not be counted as disturbed acreage for purposes of
				this paragraph;
(5) a surcharge of
				50% shall be added to the total annual fees for existing mining operations that
				did not obtain an extension in accordance with Subsection D of 19.10.5.501 NMAC
				and have not obtained closeout plan approval; and
(6) the annual fee shall be calculated each
				year based on cumulative acreage disturbed as of December 31st of the prior
				year, and shall be due on or before April 30th of each year until all Mining
				Act requirements are met.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.203 - ASSESSMENT OF FACILITY-RELATED FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following table is used to calculate
				the portion of the fee based on certain types of facilities. These tables
				reflect the complexity of an operation. A facility fee in each applicable
				category will be assessed based on total acreage for all facilities of that
				type.
B. This portion of permit
				application and annual fees for existing and new mining operations shall be the
				sum of the costs within each of the following categories of fees applicable to
				the operation: Application Fees. For existing and new mine initial application
				fees, when determining acreages of facilities in the following categories, the
				total acreage identified as current and future sites (design limits) of these
				facilities is counted. Annual Fees. For existing and new mine annual fees, when
				determining acreages of facilities in the following categories, cumulative
				acreage disturbed up to June 30 of the current fee year will be counted.
Facility Fee
(1) Open Pit Mine
(a) 0 to 4 acres $500
(b) 4 to 10 acres $1,000
(c) 10 to 50 acres $2,500
(d) 50 to 100 acres $5,000
(e) 100 acres $7,500
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.204 - PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Payments shall
				be in cash or check made payable to the Mining and Minerals Division and
				received by the Division on or prior to the date due. The Division shall
				deposit the payment with the state treasurer in the Mining Act Fund.
B. This fee schedule applies to all permit
				applications submitted after July 12, 1994. Permit fees submitted pursuant to
				Subsection A of 19.10.2.201 NMAC filed July 12, 1994 shall satisfy the
				requirement of Subsection A of 19.10.2.201 NMAC. Previously submitted fees
				exceeding those required under Subsection A of 19.10.2.201 NMAC shall be
				credited to annual fees for that operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.205 - LATE FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A late fee shall be charged for fees that are paid after the
				  due date of April 30th, each year. The late fee
				  shall consist of (i) $100 to cover administrative costs associated with the
				  late payment and (ii) interest on the amount of the unpaid fees at an annual
				  rate of fifteen percent (15%), compounded daily. The late fee will be applied
				  to the mining act fund that is created by Section
				  69-36-19
				  of the New Mexico Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 2 - FEES › Section 19.10.2.206 - SURCHARGE FOR DEPARTMENT OF GAME AND FISH ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. To compensate the department of game and
				fish for its costs required to implement its involvement in implementing the
				act, a percentage surcharge shall be added in the same percentage to each of
				the above application and annual fees. This surcharge shall be 4.5 percent of
				fees collected in FY 96 to be used in FY 97 and FY 98. This surcharge shall be
				4.2 percent of fees collected in FY 98 and FY 99, to be used in FY 99 and FY
				2000. This surcharge shall be 3.2 percent of fees collected in FY2000 to be
				used in FY 2001. No percentage surcharge shall be assessed in FY 2001 or FY
				2002; instead, the balance of the surcharges assessed during FY 1996 through FY
				2002 shall be used in FY 2002, FY 2003, FY 2004, FY 2005 and FY 2006.
B. Payment. On a quarterly basis, the
				director shall reimburse the department of game and fish, only from this
				surcharge, for its reasonably necessary costs incurred under the department's
				involvement with implementation of the act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.300 - EXCLUSION

Current through Register Vol. 35, No. 13, July 16, 2024
Prospectors, gold panners and rock collectors causing no or
				  very little surface disturbance with their activities are excluded from the
				  requirements of the Act and 19.10 NMAC pursuant to the definition of
				  "Exploration," in 19.10.1 NMAC. Excavation(s) by one operator totaling greater
				  than 2 cubic yards per year or the use of mechanized mining equipment,
				  including mechanized sluices or dredges, are not eligible for this
				  exclusion.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.301 - GENERAL PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Validity
(1) Operators must have a valid
				permit prior to commencing operations.
(2) A general permit for operations not
				occurring in intermittent streams, perennial streams or other bodies of water
				is valid for a period of one year once the applicant has submitted a signed
				copy of the general permit application to the Director.
(3) For general permit operations occurring
				in intermittent streams, perennial streams or other bodies of water, the permit
				is valid for a period of one year once the applicant submits a signed copy of
				the general permit to the Director and the Environment Department sends the
				Director a copy of a certification from the Environment Department stating that
				water quality standards are expected to be met if the operation is conducted as
				described.
(4) General permits must
				be submitted for renewal at least 10 days prior to expiration.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.302 - MINIMAL IMPACT EXPLORATION OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A minimal impact exploration operation
				will not exceed 1000 cubic yards of excavation per permit. Disturbances for
				constructed roads, drill pads and mud pits shall be no more than 5 acres total
				and will not be counted in the excavated materials. The type of road
				construction, the number and type of drill pads, and other disturbances when
				considered with site specific conditions will be major factors in determining
				eligibility for minimal impact status which is in the discretion of the
				director.
B. Timing of applications
				and deadlines for approval for minimal impact exploration operations must be in
				accordance with 19.10.4.401 NMAC, except that a complete application for
				minimal impact exploration operations shall be submitted not less than 45 days
				prior to the anticipated date of commencement of operations.
C. An applicant for a minimal impact
				exploration operation permit shall submit six copies of a completed application
				on a form provided by the director. If the proposed operation is on federal
				land, information submitted to the federal land management agency may be
				submitted with the application in lieu of providing duplicative information.
				Any confidential information shall be submitted separately in accordance with
				Subsection B of 19.10.4.402 NMAC.
D. The application shall include the
				following information:
(1) the name and
				address of the applicant, and if different, the name and address of the owner
				of the operation and the land; a statement of the basis on which the applicant
				has the right to enter the property to conduct the mining and
				reclamation;
(2) the location of
				the proposed operation as shown on a topographic map which indicates the
				proposed permit area and gives the location of the following: perennial,
				intermittent and ephemeral streams; springs; wetlands, riparian areas, lakes
				and reservoirs; residences; existing and proposed roads; other access routes;
				support facilities; cemeteries; burial grounds; cultural resources listed on
				either the
national register of historic places
or the
state register of cultural properties
; pipelines; and oil, gas
				and water wells on the permit area; areas and types of proposed disturbances
				shall be indicated; the anticipated dimensions of each proposed disturbance
				shall also be provided;
(3) an
				explanation of why the proposed operation qualifies as a minimal impact
				operation in accordance with 19.10 NMAC;
(4) a general description of the minerals
				sought and the methods of exploration; any chemicals to be used on site must be
				identified;
(5) an estimate of
				depth to ground water and total dissolved solids concentration; and
(6) a general description of how the
				operation will be operated and reclaimed to meet the requirements of
				reclamation, as defined in 19.10.1.7 NMAC.