New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION › Section 19.8.6.602 - GENERAL REQUIREMENTS: EXPLORATION OF MORE THAN 250 TONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any person who intends to conduct coal exploration in which
				  more than 250 tons of coal are removed in the area to be explored, shall, prior
				  to conducting the exploration, obtain the written approval of the director,
				  accordance with the following:
A.
				Contents of application for approval. Each application for approval shall
				contain, at a minimum, the following information:
(1) the name, address, and telephone number
				of the applicant;
(2) the name,
				address, and telephone number of the representative of the applicant who will
				be present at and be responsible for conducting the exploration;
(3) an exploration and reclamation operations
				plan, including:
(a) a narrative description
				of the proposed exploration area, cross-referenced to the map required under
				Paragraph (5) of Subsection A of 19.8.6.602 NMAC, including surface topography,
				geological, surface water, and other physical features, vegetative cover, the
				distribution and important habitats of fish, wildlife, and plants, including,
				but not limited to, any endangered or threatened species listed pursuant to the
				Endangered Species Act of 1973 ( 16 U.S.C. Sec. 1531 et. seq.), and the
				Wildlife Conservation Act, Sections
				17-3-17
				et. seq. NMSA 1978, the Habitat Protection Act, Sections
				17-6-1 et
				seq. NMSA 1978, and the laws relating to the protection of native New Mexico
				plants including Section
				76-8-1
				through
				76-8-4 NMSA
				1978; districts, sites, buildings, structures or objects listed or eligible for
				listing on the national register of historic places; and known archeological
				resources located within the proposed exploration area;
(b) a narrative description of the methods to
				be used to conduct coal exploration and reclamation, including, but not limited
				to, the types and uses of equipment, drilling, blasting, road or other access
				route construction, and excavated earth and other debris disposal
				activities;
(c) an estimated
				timetable for conducting and completing each phase of the exploration and
				reclamation;
(d) the estimated
				amounts of coal to be removed and a description of the methods to be used to
				determine those amounts;
(e) a
				description of the measures to be used to comply with the applicable
				requirements of 19.8.19 NMAC.
(4) the name and address of the owner of
				record of the surface land and of the subsurface mineral estate of the area to
				be explored;
(5) a map at a scale
				of 1:24,000 or larger, showing the areas of land to be substantially disturbed
				by the proposed exploration and reclamation; the map shall specifically show
				existing roads, occupied dwellings, and pipelines; proposed location of
				trenches, roads, and other access routes and structures to be constructed; the
				location of land excavations to be conducted; water or coal exploratory holes
				and wells to be drilled or altered; earth or debris disposal areas; existing
				bodies of surface water; documented historic, topographic, cultural and
				drainage features; and habitats of any endangered or threatened species listed
				pursuant to the Endangered Species Act of 1973 and the Wildlife Conservation
				Act, Sections
				17-3-17
				et. seq. NMSA 1978, the Habitat Protection Act, Sections
				17-6-1 et.
				seq. NMSA 1978, and the laws relating to the protection of native New Mexico
				plants including Sections
				76-8-1
				through
				76-8-4 NMSA
				1978; and
(6) a bond sufficient to
				assure that completion of reclamation of the area disturbed by the exploration
				activity may be required by the director; such bond, if required by the
				director, shall be in a form approved by the director and shall not be subject
				to the requirements of 19.8.14 NMAC;
(7) a statement of why extraction of more
				than 250 tons of coal is necessary for exploration;
(8) such other information as the director
				deems necessary to take action under 19.8.6.603 NMAC;
(9) for any lands listed in 19.8.2.201 NMAC,
				a demonstration that, to the extent technologically and economically feasible,
				the proposed exploration activities have been designed to minimize interference
				with the values for which those lands were designated as unsuitable for surface
				coal mining operations; the application must include documentation of
				consultation with the owner of the feature causing the land to come under the
				protection of 19.8.2.201 NMAC, and, when applicable, with the agency with
				primary jurisdiction over the feature with respect to the values that caused
				the land to come under the protection of 19.8.2.201 NMAC.