reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.6 - 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 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.7 - 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 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.1200 - ADMINISTRATIVE REVIEW BY THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 days after the applicant or
				permittee is notified of the final decision of the director concerning the
				application for a permit, revision or renewal thereof, application for
				transfer, sale, or assignment of rights, or concerning an application for coal
				exploration, or pursuant to Paragraph (2) of Subsection E of 19.8.13.1301 NMAC
				a decision regarding a permit modification, the applicant, permittee or any
				person with an interest which is or may be adversely affected may request a
				hearing on the reasons for the final decision in accordance with this section.
				Such request shall be in writing and state with reasonable specificity the
				reasons for the request and objections to the director's decision.
B. The director shall commence the hearing
				within 30 days of such request. This hearing shall be of record, adjudicatory
				in nature, and no person who presided at an informal conference under
				19.8.11.1103 NMAC shall either preside at the hearing or participate in the
				decision following the hearing, or in any administrative appeal therefrom.
(1) The director may, under such conditions
				as he may prescribe, grant such temporary relief as he deems appropriate,
				pending final determination of the proceeding, if:
(a) all parties to the proceeding have been
				notified and given an opportunity to be heard on a request for temporary
				relief;
(b) the person requesting
				that relief shows that there is substantial likelihood that he will prevail on
				the merits of the final determination of the proceeding;
(c) the relief is not to affect adversely the
				public health or safety, or cause significant, imminent environmental harm to
				land, air, or water resources; and
(d) the relief sought is not the issuance of
				a permit where a permit has been denied, in whole or in part, by the
				director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.1202 - JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. A party to a
				proceeding before the director who is aggrieved by a director's decision issued
				after a hearing may obtain a review of that decision by an appeal to the
				district court pursuant to Section
				39-3-1.1
				NMSA 1978.
B. A person who is or
				may be aggrieved by a rule or an amendment or repeal of a rule the commission
				adopts may appeal to the court of appeals for review pursuant to Subsection B
				of
				69-25A-30
				NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.1204 - PETITIONS FOR AWARD OF LEGAL COSTS AND EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Who may file. A person may file a petition
				for award of costs and expenses including attorneys' fees that person has
				reasonably incurred as a result of his participation in an administrative
				review under the act that results in the director issuing a final order
				pursuant to 19.8.12.1200 or 19.8.12.1203 NMAC.
B. Where to file; time for filing. The person
				seeking an award for costs and expenses shall file a petition for an award of
				costs and expenses including attorneys' fees with the director within 45 days
				after such order's receipt. A person who fails to timely file the petition may
				waive the right to such an award.
C. Contents of petition. A petition filed
				under this section shall include the person's name from whom costs and expenses
				are sought with the following submitted in support of the petition:
(1) an affidavit setting forth in detail all
				costs and expenses including attorneys' fees the person reasonably incurred
				for, or in connection with, the person's participation in the
				proceeding;
(2) receipts or other
				evidence of such costs and expenses; and
(3) where attorneys' fees are claimed,
				evidence concerning the hours expended on the case, the customary commercial
				rate of payment for such services in the area and the individual's performing
				the services experience, reputation and ability.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1 - 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 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.2 - 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 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.3 - 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 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.5 - 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 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.6 - 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 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.7 - 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 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.8 - 19.8.13.1299 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1300 - DIRECTOR'S REVIEW OF OUTSTANDING PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall review each permit
				issued and outstanding during the term of the permit. This review shall occur
				not later than the middle of the permit term and as required by 19.8.10.1000,
				1001, 1003 and 1005 NMAC.
B. For
				permits of longer than five year terms, a review of the permit shall be no less
				frequent than the permit midterm or every five years, whichever is more
				frequent.
C. Each permit which
				authorizes the use of an experimental practice shall be reviewed in its
				entirety by the director at a frequency set forth in the approved permit, but
				no less frequently than every 2 1/2 years. Copies of the decision of the
				director shall be sent to the permittee and shall be subject to the provisions
				for administrative and judicial review of 19.8.12 NMAC.
D. The director may, by order, require
				reasonable revisions or modification of the permit provisions to ensure
				compliance with the act and 19.8 NMAC.
E. Copies of the decision of the director
				shall be sent to the permittee.
F.
				Any order of the director requiring revision or modification of permits shall
				be based upon written findings and shall be subject to the provisions for
				administrative and judicial review of decisions in 19.8.12 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1301 - PERMIT REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				revision to a permit shall be obtained:
(1)
				for changes in the surface coal mining or reclamation operations described in
				the original application and approved under the original permit, when such
				changes constitute a significant departure from the method of conducting mining
				or reclamation operations contemplated by the original permit; significant
				departures as used herein include, but are not limited to:
(a) significant changes in the permit area
				boundary;
(b) changes in the method
				of extracting coal from the earth (e.g. change from surface to underground
				mine);
(c) experimental practices
				as that term is used in 19.8.10 NMAC and Section
				69-25A-33
				NMSA 1978 of the act;
(d) changes
				which would require a variance under 19.8.10.1003 NMAC;
(e) changes which may have an adverse effect
				on the environment of a nature not originally covered by the approved permit;
				or
(f) changes which may have an
				effect on performance bond requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1302 - PERMIT RENEWALS: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any valid, existing permit issued pursuant
				to the act and 19.8 NMAC shall carry with it the right of successive renewal
				upon expiration of the term of the permit, in accordance with 19.8.13.1303
				through 1305 NMAC. Successive renewal shall be available only for those areas
				which were specifically approved by the director on the application for the
				existing permit as within the boundaries of the permit.
B. Permit renewal shall not be available for
				conducting surface coal mining and reclamation operations on lands beyond the
				boundaries of the permit area approved under the existing permit. Approval of
				permits to conduct operations on these lands, including, but not limited to,
				any remainder of the mine plan area described in the application for the
				existing permit, shall be obtained in accordance with Paragraph (2) of
				Subsection B of 19.8.13.1303 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1303 - PERMIT RENEWALS: COMPLETE APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Contents. Complete applications for
				renewals of a permit shall be made at least 120 days before the expiration of
				the permit involved. Renewal applications shall include at a minimum:
(1) a statement of the name and address of
				the permittee, the term of the renewal requested, the permit number, and a
				description of any changes to the matters set forth in the original application
				for a permit or prior permit renewal;
(2) a copy of the newspaper notice and proof
				of publication of same under Subsection A of 19.8.11.1100 NMAC; and
(3) evidence that liability insurance policy
				or adequate self-insurance under 19.8.14.1414 NMAC will be provided by the
				applicant for the proposed period of renewal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1304 - PERMIT RENEWALS: TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
Any permit renewal shall be for a term not to exceed the
				  period of the original permit established under
				  19.8.11.1111
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1305 - PERMIT RENEWALS: APPROVAL OR DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall, upon the basis of a
				complete application for renewal and completion of all procedures required
				under 19.8.13.1303 and 1304 NMAC, issue a renewal of a permit, unless it is
				established and written findings by the director are made that:
(1) the terms and conditions of the existing
				permit are not being satisfactorily met;
(2) the present surface coal mining and
				reclamation operations are not in compliance with the environmental protection
				standards under the act and 19.8.19 NMAC through 19.8.28 NMAC;
(3) the requested renewal substantially
				jeopardizes the operator's continuing responsibility to comply with the act and
				19.8 NMAC on existing permit areas;
(4) the operator has not provided evidence
				that any performance bond required to be in effect for the operations will
				continue in full force and effect for the proposed period of renewal, as well
				as any additional bond the director might require pursuant to 19.8.14 NMAC;
				or
(5) any additional revised or
				updated information required by the director has not been provided by the
				applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1306 - TRANSFER, ASSIGNMENT OR SALE OF PERMIT RIGHTS: GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
No transfer, assignment, or sale of the rights granted under
				  any permit issued pursuant to the act and 19.8 NMAC shall be made without the
				  prior written approval of the director, in accordance with 19.8.13.1306 through
				  1308 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1307 - TRANSFER, ASSIGNMENT OR SALE OF PERMIT RIGHTS: OBTAINING APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person
				seeking to succeed by transfer, assignment, or sale to the rights granted by a
				permit issued shall, pursuant to the act and 19.8 NMAC, prior to the date of
				such transfer, assignment or sale:
(1) obtain
				the performance bond coverage of the original permittee by:
(a) obtaining transfer of the original
				bond;
(b) obtaining a written
				agreement with the original permittee and all subsequent successors in interest
				(if any) that the bond posted by the original permittee and all successors
				shall continue in force on all areas affected by the original permittee and all
				successors, and supplementing such previous bonding with such additional bond
				as may be required by the director. If such an agreement is reached, the
				director may authorize for each previous successor and the original permittee
				the release of any remaining amount of bond in excess of that required by the
				agreement;
(c) providing sufficient
				bond to cover the original permit in its entirety from inception to completion
				of reclamation operations; or
(d)
				such other methods as would provide that reclamation of all areas affected by
				the original permittee is assured in an amount required by 19.8.14
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 13 - PERMIT REVIEWS, REVISIONS AND RENEWALS, AND TRANSFER, SALE AND ASSIGNMENT OF RIGHTS GRANTED UNDER PERMITS › Section 19.8.13.1308 - REQUIREMENTS FOR NEW PERMITS FOR PERSONS SUCCEEDING TO RIGHTS GRANTED UNDER A PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A successor
				in interest to a permittee who is able to obtain the bond coverage of the
				original permittee may continue surface coal mining and reclamation operations
				according to the approved mining and reclamation plan and permit of the
				original permittee.
B. Pursuant to
				Paragraph (3) of Subsection C of 19.8.13.1307 NMAC, any successor in interest
				seeking to change the conditions of mining or reclamation operations, or any of
				the terms or conditions of the original permit shall:
(1) make application for a new permit under
				19.8.5 NMAC through 19.8.12 NMAC, if the change involves conducting operations
				outside the original permit area; or
(2) make application for a revised permit
				under 19.8.13.1301 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1 - 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 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.2 - 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 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.3 - 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 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.5 - 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 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.6 - 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 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.7 - 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 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.8 - 19.8.14.1399 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1400 - PROPOSAL FOR BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				applicant shall provide a bonding proposal to the director for review and
				comment following approval of the permit application but prior to permit
				issuance. The proposal shall include all information required by this part
				relating to the nature of bond proposed, including a recommendation as to the
				margin required in Paragraph (1) of Subsection E of 19.8.14.1409
				NMAC.
B. The director shall review
				and accept or reject such proposal within 60 days of receipt of the proposal.
				Such determination shall be in writing and shall contain the reasons for the
				director's determination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1401 - REQUIREMENT TO FILE A BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After a permit application under 19.8.5 NMAC through 19.8.13 NMAC has been
				approved, but before a permit is issued, the applicant shall file with the
				director, on a form prescribed and furnished by the director, a bond or bonds
				for performance made payable to the state of New Mexico and conditioned upon
				the faithful performance of all the requirements of the act, the regulatory
				program, the permit, and the reclamation plan.
B. Bond coverage requirements.
(1) The bond or bonds shall cover the entire
				permit area, or an identified increment of land within the permit area upon
				which the operator will initiate and conduct surface coal mining and
				reclamation operations during the initial term of the permit.
(2) Before surface coal mining and
				reclamation operations on succeeding increments are initiated and conducted
				within the permit area, the permittee shall file with the director an
				additional bond or bonds to cover such increments in accordance with this
				section.
(3) The operator shall
				identify the initial and successive areas or increments for bonding on the
				permit application map submitted for approval as provided in the application
				(under 19.8.5 NMAC through 19.8.13 NMAC), and shall specify the bond amount to
				be provided for each area or increment.
(4) Independent increments shall be of
				sufficient size and configuration to provide for efficient reclamation
				operations should reclamation by the director become necessary pursuant to
				19.8.14.1414 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1402 - FORM OF THE PERFORMANCE BOND

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall prescribe the form of the performance
				  bond. The director may allow for:
A. a
				surety bond;
B. a collateral
				bond;
C. a self-bond; or
D. a combination of any of these bonding
				methods.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1403 - PERIOD OF LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Duration and phased bonding option.
(1)
				Performance bond liability shall be for the duration of the surface coal mining
				and reclamation operation and for a period which is coincident with the
				operator's period of extended responsibility for successful revegetation
				provided in 19.8.20.2065 NMAC or until achievement of the reclamation
				requirements of the act, regulatory programs, and permit, whichever is
				later.
(2) With the approval of the
				director, a bond may be posted and approved to guarantee specific phases of
				reclamation within the permit area provided the sum of phase bonds posted
				equals or exceeds the total amount required under 19.8.14.1405 and 1406 NMAC.
				The scope of work to be guaranteed and the liability assumed under each phase
				bond shall be specified in detail.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1404 - DETERMINATION OF BOND AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				amount of the bond required for each bonded area shall:
(1) be determined by the director;
(2) depend upon the requirements of the
				approved permit and reclamation plan;
(3) reflect the probable difficulty of
				reclamation, giving consideration to such factors as topography, geology,
				hydrology, and revegetation potential; and
(4) be based on, but not limited to, the
				estimated cost submitted by the permit applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1405 - ADJUSTMENT OF AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				amount of the bond or deposit required and the terms of the acceptance of the
				permittee's bond shall be adjusted by the director from time to time as the
				area requiring bond coverage is increased or decreased or where the cost of
				future reclamation changes. The director may specify periodic times or set a
				schedule for reevaluating and adjusting the bond amount to fulfill this
				requirement.
B. The director shall:
(1) notify the permittee, the surety, and any
				person with a property interest in collateral who has requested notification
				under Subsection F of 19.8.14.1410 NMAC of any proposed adjustment to the bond
				amount; and
(2) provide the
				permittee an opportunity for an informal conference on the
				adjustment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1406 - GENERAL TERMS AND CONDITIONS OF BOND

Current through Register Vol. 35, No. 13, July 16, 2024
A. The performance bond shall be in an amount
				determined by the director as provided in 19.8.14.1405 NMAC.
B. The performance bond shall be payable to
				the state of New Mexico.
C. The
				performance bond shall be conditioned upon faithful performance of all the
				requirements of the act, 19.8.14 NMAC, the regulatory program, and the approved
				permit, including completion of the reclamation plan.
D. The duration of the bond shall be for the
				time period provided in 19.8.14.1403 NMAC.
E. Insolvency or bankruptcy.
(1) The bond shall provide a mechanism for a
				bank or surety company to give prompt notice to the director and the permittee
				of any action filed alleging the insolvency or bankruptcy of the surety
				company, the bank, or the permittee, or alleging any violations which would
				result in suspension or revocation of the surety or bank charter or license to
				do business.
(2) Upon the
				incapacity of a bank or surety company by reason of bankruptcy, insolvency, or
				suspension or revocation of a charter or license, the permittee shall be deemed
				to be without bond coverage and shall promptly notify the director. The
				director, upon notification received through procedures of Paragraph (1) of
				Subsection E of 19.8.14.1406 NMAC or from the permittee, shall, in writing,
				notify the operator who is without bond coverage and specify a reasonable
				period, not to exceed 90 days, to replace bond coverage. If an adequate bond is
				not posted by the end of the period allowed, the operator shall cease coal
				extraction and shall comply with the provisions of 19.8.20.2074 NMAC and shall
				immediately begin to conduct reclamation operations in accordance with the
				reclamation plan. Mining operations shall not resume until the director has
				determined that an acceptable bond has been posted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1407 - BONDING REQUIREMENTS FOR UNDERGROUND COAL MINES AND LONG-TERM COAL-RELATED SURFACE FACILITIES AND STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Responsibilities. The director shall
				require bond coverage, in an amount determined under 19.8.14.1404 NMAC, for
				long-term surface facilities and structures, and for areas disturbed by surface
				impacts incident to under-ground mines, for which a permit is required.
				Specific reclamation techniques required for underground mines and long-term
				facilities shall be considered in determining the amount of bond to complete
				the reclamation.
B. Long-term
				period of liability.
(1) The period of
				liability for every bond covering long-term surface disturbances shall commence
				with the issuance of a permit, except that to the extent that such disturbances
				will occur on a succeeding increment to be bonded, such liability will commence
				upon the posting of the bond for that increment before the initial surface
				disturbance of that increment. The liability period shall extend until all
				reclamation, restoration, and abatement work under the permit has been
				completed and the bond is released under the provisions of 19.8.14.1412 NMAC,
				or until the bond has been replaced or extended in accordance with Paragraph
				(3) of Subsection B of 19.8.14.1407 NMAC.
(2) Long-term surface disturbances shall
				include long-term coal-related surface facilities and structures, and surface
				impacts incident to underground coal mining, which disturb an area for a period
				that exceeds 5 years. Long-term surface disturbances include, but are not
				limited to: surface features of shafts and slope facilities, coal refuse areas,
				powerlines, bore-holes, ventilation shafts, preparation plants, machine shops,
				roads, and loading and treatment facilities.
(3) To achieve continuous bond coverage for
				long-term surface disturbances, the bond shall be conditioned upon extension,
				replacement, or payment in full, 30 days prior to the expiration of the bond
				term.
(4) Continuous bond coverage
				shall apply throughout the period of extended responsibility for successful
				revegetation and until the provisions of 19.8.14.1412 NMAC have been
				met.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1408 - SURETY BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A surety
				bond shall be executed by the operator and a corporate surety licensed to do
				business in the state.
B. Surety
				bonds shall be noncancellable during their terms, except that surety bond
				coverage for lands not disturbed may be canceled with the prior consent of the
				director. The director shall advise the surety, within 30 days after receipt of
				a notice to cancel bond, whether the bond may be canceled on an undisturbed
				area.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1409 - COLLATERAL BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Collateral
				bonds, except for letters of credit, cash accounts, and real property, shall be
				subject to the following conditions:
(1) the
				director shall keep custody of collateral deposited by the applicant until
				authorized for release or replacement as provided in 19.8.14 NMAC;
(2) the director shall value collateral at
				its current market value, not at face value;
(3) the director shall require that
				certificates of deposit be made payable to or assigned to the state of New
				Mexico, both in writing and upon the records of the bank issuing the
				certificates; if assigned, the director shall require the banks issuing these
				certificates to waive all rights of setoff or liens against those
				certificates;
(4) the director
				shall not accept an individual certificate of deposit in an amount in excess of
				$100,000 or the maximum insurable amount as determined by the federal deposit
				insurance corporation or the federal savings and loan insurance
				corporation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1410 - SELF-BONDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may
				accept a self-bond from an applicant for a permit if all of the following
				conditions are met by the applicant, or its parent corporation guarantor:
(1) the applicant designates a suitable agent
				to receive service of process in the state.
(2) the applicant has been in continuous
				operation as a business entity for a period of not less that 5 years.
				Continuous operation shall mean that business was conducted over a period of 5
				years immediately preceding the time of application.
(a) The director may allow a joint venture or
				syndicate with less than 5 years of continuous operation to qualify under this
				requirement, if each member of the joint venture or syndicate has been in
				continuous operation for at least 5 years immediately preceding the time of
				application.
(b) When calculating
				the period of continuous operation, the director may exclude past periods of
				interruption to the operation of the business entity that were beyond the
				applicant's control and that do not affect the applicant's likelihood of
				remaining in business during the proposed surface coal mining and reclamation
				operations.
(3) The
				applicant submits financial information in sufficient detail to show that the
				applicant meets one of the following criteria:
(a) the applicant has a current rating for
				its most recent bond issuance of "A" or higher as issued by either Moody's
				investor service or Standard and Poor's corporation;
(b) the applicant has a tangible net worth of
				at least $10 million, a ratio of total liabilities to net worth of 2.5 times or
				less, and a ratio of current assets to current liabilities of 1.2 times or
				greater; or
(c) the applicant's
				fixed assets in the United States total at least $20 million, and the applicant
				has a ratio of total liabilities to net worth of 2.5 times or less, and a ratio
				of current assets to current liabilities of 1.2 times or greater.
(4) The applicant submits:
(a) financial statements for the most
				recently completed fiscal year accompanied by a report prepared by an
				independent certified public accountant in conformity with generally accepted
				accounting principles and containing the accountant's audit opinion or review
				opinion of the financial statements with no adverse opinion;
(b) unaudited financial statements for
				completed quarters in the current fiscal year; and
(c) additional unaudited information as
				requested by the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1411 - REPLACEMENT OF BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director may allow a permittee to replace existing bonds with other bonds that
				provide equivalent coverage.
B. The
				director shall not release existing performance bonds until the permittee has
				submitted, and the director has approved, acceptable replacement performance
				bonds. Replacement of a performance bond pursuant to this section shall not
				constitute a release of bond under 19.8.14.1412 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1413 - FORFEITURE OF BONDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If an
				operator refuses or is unable to conduct reclamation of an unabated violation,
				if the terms of the permit are not met, or if the operator defaults on the
				conditions under which the bond was accepted, the director shall take the
				following action to forfeit all or part of a bond or bonds for any permit area
				or an increment of a permit area:
(1) send
				written notification by certified mail, return receipt requested, to the
				permittee and the surety on the bond, if any, informing them of the
				determination to forfeit all or part of the bond, including the reasons for the
				forfeiture and the amount to be forfeited; the amount shall be based on the
				estimated total cost of achieving the reclamation plan requirements;
(2) advise the permittee and surety, if
				applicable, of the conditions under which forfeiture may be avoided; such
				conditions may include, but are not limited to:
(a) agreement by the permittee or another
				party to perform reclamation operations in accordance with a compliance
				schedule which meets the conditions of the permit, the reclamation plan, and
				the regulatory program and a demonstration that such party has the ability to
				satisfy the conditions; or
(b) the
				director may allow a surety to complete the reclamation plan, or the portion of
				the reclamation plan applicable to the bonded phase or increment, if the surety
				can demonstrate an ability to complete the reclamation in accordance with the
				approved reclamation plan; except where the director may approve partial
				release authorized under 19.8.14.1412 NMAC, no surety liability shall be
				released until successful completion of all reclamation under the terms of the
				permit, including applicable liability periods of 19.8.14.1403 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1414 - TERMS AND CONDITIONS FOR LIABILITY INSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall require the applicant
				to submit as part of its permit application a certificate issued by an
				insurance company authorized to do business in the United States certifying
				that the applicant has a public liability insurance policy in force for the
				surface coal mining and reclamation operations for which the permit is sought.
				Such policy shall provide for personal injury and property damage protection in
				an amount adequate to compensate any persons injured or property damaged as a
				result of the surface coal mining and reclamation operations, including the use
				of explosives, and who are entitled to compensation under the applicable
				provisions of state law. Minimum insurance coverage for bodily injury and
				property damage shall be $300,000 for each occurrence and $500,000
				aggregate.
B. The policy shall be
				maintained in full force during the life of the permit or any renewal thereof,
				including the liability period necessary to complete all reclamation operations
				under 19.8.14 NMAC.
C. The policy
				shall include a rider requiring that the insurer notify the director whenever
				substantive changes are made in the policy including any termination or failure
				to renew.
D. The director may
				accept from the applicant, in lieu of a certificate for a public liability
				insurance policy, a commitment to self-insure for bodily injury and property
				damage, if the director has approved a self-bond for the applicant in
				accordance with 19.8.14.1410 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS › Section 19.8.14.1415 - TERMINATION OF REGULATORY JURISDICTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may terminate regulatory
				jurisdiction over a reclaimed surface coal mining and reclamation operation, or
				increment thereof, upon a written finding pursuant to Paragraph (3) of
				Subsection C of 19.8.14.1412 NMAC that all reclamation requirements imposed on
				the permittee have been successfully completed or the performance bond has been
				released.
B. The director shall
				reassert jurisdiction over a site if it is demonstrated that either the bond
				release or the written finding for termination of jurisdiction are based upon
				fraud, collusion, or misrepresentation of a material fact.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.2 - 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 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.3 - 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 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.5 - 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 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.6 - 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 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.7 - 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 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.1900 - GENERAL RESPONSIBILITY OF PERSONS CONDUCTING COAL EXPLORATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each person who
				conducts coal exploration which substantially disturbs the natural land surface
				in which 250 tons or less of coal are removed shall file the notice of
				intention to explore required under 19.8.6.601 NMAC and shall comply with
				19.8.19.1902 NMAC.
B. Each person
				who conducts coal exploration which substantially disturbs the natural land
				surface and in which more than 250 tons of coal are removed in the area
				described by the written approval from the director, shall comply with the
				procedures described in the exploration and reclamation operations plan
				approved under 19.8.6.603 NMAC and shall comply with 19.8.19.1902
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 19 - PERFORMANCE STANDARDS - COAL EXPLORATION › Section 19.8.19.1901 - REQUIRED DOCUMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Each person who conducts coal exploration which substantially
				  disturbs the natural land surface and which removes more than 250 tons of coal
				  shall, while in the exploration area, possess written approval from the
				  director for the activities granted under
				  19.8.6.603
				  NMAC. The written approval shall be available at the exploration site for
				  review by the director or the office of surface mining upon
				  request.