reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Board"
means the state mining safety board.
B.
"Certificate"
means a
				document issued by the state mine inspector, or certifying agency from another
				state, allowing the holder to be employed as a coal mine official in the state
				of origin.
C.
"CFR"
means Code of Federal Regulations.
D.
"Days"
means calendar
				days.
E.
"Deputy state mine
				inspector
" means a senior employee of the New Mexico bureau of mine
				safety who has knowledge and understanding of the 19.6 NMAC mine safety
				rules.
F.
"Extended absence"
means the state mine inspector cannot perform their duties due to
				illness, medical condition, is on family medical leave (FMLA) or other
				circumstances for a period of 30 days or longer.
G.
"Inspector"
means the state
				mine inspector.
H.
"Mining
				engineering graduate"
means a person having a B.S. degree in mining or
				mineral engineering from an accredited college or university.
I.
"Official"
means coal mine
				official, including underground coal mine foreman, underground coal mine
				examiner, general underground coal mine foreman, or surface coal mine foreman
				Table in Subsection G of
				19.6.4.9
				NMAC.
J.
"Revoke"
means to permanently invalidate a certification.
K.
"Service"
means providing any
				document, paper or pleading to a person either personally or by certified mail,
				return receipt requested.
L.
"Suspend"
means to invalidate a certification for a specified period of
				time.
M.
"Vacant"
means there is not a state mine inspector because the incumbent state mine
				inspector has resigned, retired, been terminated or is decease and a new state
				mine inspector has not been appointed or assumed the office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.8 - REQUIREMENT FOR CERTIFICATION BY STATE MINE INSPECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
The state mine inspector shall certify, recertify or
				  discipline persons to act as mine foremen and mine examiners. No mine operator
				  shall employ any person as underground mine foreman, mine examiner or surface
				  mine foreman unless that person has been certified by the state mine inspector
				  for such position.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.9 - METHODS AND REQUIREMENTS OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state mine inspector may recognize the
				foreman's or mine examiner's certificate issued by another state and issue
				certificates accordingly when:
(1) the state
				mine inspector reviews the certification requirements of another state and
				determines that the requirements are equivalent or more stringent than New
				Mexico's, and are pertinent to the mining conditions found in New Mexico's coal
				mines; or
(2) an agreement of
				reciprocity is signed between the state mine inspector and the director of the
				certification agency from another state.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.10 - FEES FOR CERTIFICATION AND EXAMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
The state mine inspector, after consultation with the mining
				  safety board, may impose fees for examination and certification of officials.
				  Current fees will be posted with examination notice given out as required in
				  Subsection C of
				  19.6.4.9
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.12 - REFUSAL TO CERTIFY OR RECERTIFY AND SUSPENSION OR REVOCATION OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				inspector may refuse to certify or recertify or may suspend or revoke any
				certification held or applied for under 19.6.4 NMAC upon grounds that the
				applicant or certified person:
(1) gave false
				or forged evidence to the inspector to obtain certification;
(2) is grossly negligent or incompetent in
				duties as a certified person;
(3)
				has failed to maintain certification;
(4) has violated or aided or abetted any
				person in a violation of the Federal Mine Safety and Health Act of 1977 or the
				New Mexico mine safety laws; or
(5)
				has been disciplined by a state mine regulatory authority in another state that
				certifies mine personnel.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.13 - APPEAL to mining safety board OF CERTIFICATION ACTIONS BY INSPECTOR TO MINing SAFETY BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
An appeal of an inspector's action may be made to the board
				  by the person affected by the action.
A. A person affected by the inspector's
				action shall file a written petition for review of the action within twenty
				days after service of the action. Unless a timely written appeal for review is
				made, the action of the inspector shall be final and not subject to judicial
				review.
B. The petition shall be
				filed in writing with the chair of the board or the chair's designee, and
				include the action number and the name of the appellate.
C. If a timely petition is made, the board
				shall consider the petition at a hearing held no sooner than thirty days and no
				more than ninety days after receipt of the written petition. The board shall
				notify the petitioner and the inspector of the date, time and place of the
				hearing at which the petition will be considered.
D. No board member with any financial
				interest affected or potentially affected by the outcome of an adjudicatory
				proceeding may serve as a hearing officer in that proceeding or otherwise
				participate in the hearing. All board members shall adhere with the
				Governmental Conduct Act.
E. The
				board shall review the record compiled before the inspector and shall allow any
				party to submit arguments at the hearing.
F. Within 20 days following the hearing the
				board shall render a written decision affirming, modifying or reversing the
				action of the inspector, and stating reasons for that action. The decision
				shall be signed by the board chair or the chair's designee, and shall be served
				on both parties within 30 days after the decision is rendered and signed. A
				person who is adversely affected by a decision of the board pursuant to this
				section may appeal to the district court pursuant to the provisions of Section
				39-3-1.1
				NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.14 - CERTIFICATION OF COAL MINE OFFICIALS IN THE EVENT THE POSITION OF STATE MINE INSPECTOR IS VACANT

Current through Register Vol. 35, No. 13, July 16, 2024
In the event the position of the state mine inspector is
				  vacant, or during an extended absence of the state mine inspector, in order to
				  provide timely certification and prevent a lapse between recertification of
				  coal mine officials, the certification and recertification, or refusal to
				  certify or recertify and suspension or revocation of certification, as required
				  in
				  19.6.4.9
				  NMAC and
				  19.6.4.12
				  NMAC shall be completed by a deputy state mine inspector.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 5 - NEW MEXICO MINE SAFETY CODE FOR ALL MINES INCLUDING OPEN-CUT AND OPEN-PIT › Section 19.6.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All owners, employees and visitors of mining operations in
				  New Mexico, utilizing hoist to access underground mining
				  operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 5 - NEW MEXICO MINE SAFETY CODE FOR ALL MINES INCLUDING OPEN-CUT AND OPEN-PIT › Section 19.6.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  69-8-4
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 5 - NEW MEXICO MINE SAFETY CODE FOR ALL MINES INCLUDING OPEN-CUT AND OPEN-PIT › Section 19.6.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
06/01/08, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 5 - NEW MEXICO MINE SAFETY CODE FOR ALL MINES INCLUDING OPEN-CUT AND OPEN-PIT › Section 19.6.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Maintain a system of uniform hoist signals for all
				  underground mines.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 5 - NEW MEXICO MINE SAFETY CODE FOR ALL MINES INCLUDING OPEN-CUT AND OPEN-PIT › Section 19.6.5.8 - SIGNALS FOR ALL MINES

Current through Register Vol. 35, No. 13, July 16, 2024
The following signal code shall be used in all mines:
A. 1 bell, stop immediately if in motion;
				1-2-1
				bells, hoist muck;
				2-1-2
				bells, release cage, skip or bucket; 2 bells, lower; 3-1 bells, hoist persons;
				3-2 bells, lower persons, if bells rung slowly move slowly; 7 bells, danger
				signal, followed by station signal calls cage to that station. This signal
				takes precedence over all other except an accepted blasted signal.
B. Additional mine specific signals may be
				used if approved by the state mine inspector.
C. Automated hoists shall be exempt from
				compliance with the bell signal requirements.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary of the department is generally authorized to
				  make and adopt rules and regulations necessary to carry out the duties of the
				  department at Section
				  9-1-5
				  E NMSA 1978. The general duties and purposes of the mining and minerals
				  division are set out at Section
				  9-5A-4 D NMSA
				  1978 as amended 1987. The secretary is specially authorized to promulgate and
				  enforce rules and regulations concerning operator compliance, Section
				  69-5-16;
				  penalties for violations by operator, Section
				  69-6-1;
				  registration of coal mines, Section
				  69-11-1;
				  annual coal mine information to be furnished, Section
				  69-11-2;
				  furnishing of requested coal mine data, Section
				  69-11-3;
				  non-coal mine registration, notice of suspension and reactivation, Section
				  69-26-1;
				  non-coal mine production information and confidentiality, Section
				  69-26-2;
				  and non-coal mine request for information, Section
				  69-26-3
				  NMSA 1978, as amended 1989.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995. [unless a later date is cited at the end of
				  a section.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The following rules have been adopted by the secretary of the
				  New Mexico energy, minerals and natural resources department to provide for the
				  registration, annual reporting and change in registration of mines, mills and
				  smelters.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Construction"
				means any on-site activity directly related to the development of a new mine
				site not yet registered, including shaft sinking, tunneling, excavation,
				building of surface facilities and road building.
B. "Department" means the energy, minerals
				and natural resources department.
C. "Director" means the director of the
				mining and minerals division.
D.
				"Division" means the mining and minerals division of the New Mexico energy,
				minerals and natural resources department.
E. "Mine" means and includes all surface and
				underground operations to win coal, metals and other mineral substances from
				their deposits (exclusive of natural gas or petroleum), all tunnel operations,
				all caisson operations, all mills, ore houses and treatment plants, all
				quarries, pits, open-cut workings, strippings, placer mines, sand, gravel and
				similar banks.
F. "Mineral" means
				coal, metallic or non-metallic ores or any naturally occurring rock substances
				that are mined or recovered on or under the surface of the earth.
G. "Operations" means any construction or
				excavation activities, including smelting and leaching activities, for the
				purpose of winning minerals from their deposits, as well as for mine
				reclamation and dismantling of surface facilities.
H. "Operator" means and includes owner,
				operator, lessee, manager, superintendent or agent, receiver or trustee and
				political subdivisions and instrumentalities of the state of New Mexico
				operating any mine.
I. "Permanent
				suspension" means the cessation for an indefinite period of mining operations
				which are not expected to resume at a future time. Mines where suspension is
				permanent do not have to report annually once the closed mine is effectively
				safeguarded.
J. "Secretary" means
				the secretary of the energy, minerals and natural resources
				department.
K. "Suspension" means
				the cessation of mine operations and may be either permanent or temporary in
				nature.
L. "Temporary suspension"
				means the cessation for a limited time of mining operations which are expected
				to resume at a future time. Mines under temporary suspension are considered
				active for registration and reporting purposes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.8 - REGISTRATION OF MINES REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
Before the start of any operations an operator shall register
				  such mine with the division on a mine registration form (form 1). The
				  registration shall be accompanied by an accurate plat or standard USGS
				  topographic map sheet showing the location of the proposed mine with reference
				  to the nearest lines of a governmental section if the mine has been surveyed.
				  The registration must include a precise written description of the mine
				  location with specific directions describing how to reach the mine site,
				  including road names and numbers, obvious landmarks and mileage distances.
				  Location of mines on surveyed lands shall be indicated by county, township,
				  range and quarter-quarter section. Information to be included with such
				  registration shall be the name of the mine, post office address, name of the
				  operator or person in charge, the character of operation such as the mineral
				  produced or sought and the method of access including shaft, adit, leach field,
				  surface mine or other method, the name of the appropriate USGS topographic
				  sheet and the name of the mineral and surface estate owners.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.9 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Before April 30 of every year, each mining, milling or
				  smelting operation shall furnish to the division a report, on the appropriate
				  form designated for that type of operation and commodity (forms 3-11) provided
				  by the division, information including the following: name, address and phone
				  number of operator, parent company, contractor, subcontractor and owner of
				  property; name, location, and type of operation; type of commodity mined;
				  method of extraction; production and sales quantities and values; unit value;
				  production by mineral estate ownership classification; MSHA I.D. number;
				  stockpiles; physical plant improvements and value; employment and payroll
				  statistics; explosives information; quality and analysis statistics; ownership
				  changes during year; mineral recovery statistics; net mine water production;
				  mill capacity rates; and mill and refinery shipments. Submittal of the annual
				  operator report on forms 3-11 satisfies the annual registration requirements
				  under Section
				  69-26-1
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.10 - CHANGE OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
The operator shall fill out a change of registration form
				  (form 2) at least 10 days prior to any change in ownership, operator name, mine
				  name, address or operational status, or at least 10 days prior to a
				  reactivation of operations that have been in suspension. change of registration
				  forms are available from the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.11 - SUSPENSION OF OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The operator shall fill out a notice of intention to suspend
				  operations form (form 12) prior to any temporary or permanent suspension of
				  operations. Notice of intention to suspend operations forms are available from
				  the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 1 - NEW MEXICO MINE REGISTRATION AND REPORTING › Section 19.7.1.12 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Written notice of non-compliance may be issued by the
				  director and sent by certified mail to the operator. The operator shall submit
				  a written response to the director within ten (10) days of certified mail
				  receipt of the notice of non-compliance. Failure to respond in writing to the
				  director within the ten (10) day limit may result in referral by the director
				  to the appropriate district attorney for prosecution. Each individual failure
				  to comply with a rule or regulation, or failure to respond to a written notice
				  will constitute a separate and unlawful act that may be prosecuted. Each
				  unlawful act is subject to a fine of not more than two hundred dollars
				  ($200.00) or imprisonment or both.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These rules and regulations shall apply to all mining
				  operations with surface mine openings including shafts, adits, highwalls and
				  auger boreholes where operations are suspended permanently (abandoned), or for
				  a temporary period of time when an office with a responsible person is not
				  maintained at the site, exclusive of coal mining operations regulated under
				  Section
				  69-25A-1 to
				  Section
				  69-25A-35
				  NMSA 1978 and all mines subject to the New Mexico Mining Act, Section
				  69-36-1 to
				  Section
				  69-36-20 NMSA
				  1978 (1993 Repl. Pamp.).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary of the department is generally authorized to
				  make and adopt rules and regulations necessary to carry out the duties of the
				  department at Section
				  9-1-5
				  E NMSA 1978. The general duties and purposes of the mining and minerals
				  division are set out at Section
				  9-5A-4 D NMSA
				  1978 as amended 1987. The secretary is specially authorized to promulgate and
				  enforce rules and regulations concerning the safeguarding of abandoned mines,
				  Sections
				  69-12-4
				  and
				  69-27-3
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 14, 1995 [unless a later date is cited at the end of
				  a section]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The following rules and regulations have been adopted by the
				  secretary of the New Mexico energy, minerals and natural resources department
				  to provide for the protection of public health and safety through the effective
				  safeguarding of mine surface openings when mining operations have been
				  suspended permanently, or have been suspended for a temporary period of time
				  and an office with a responsible person is not maintained at the
				  site.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.8 - SAFEGUARDING OF MINE OPENINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Prior to either the permanent suspension of mining operations or the temporary
				suspension of mining operations when an office with a responsible person
				present at all times is not maintained at the site, on which are located mine
				surface openings including shafts, adits, highwalls or auger boreholes, the
				operator shall notify the division on a notice of intention to suspend
				operations form (form 12). The operator shall include on the form a plan to
				effectively close or fence off all surface mine openings on the property. The
				plan shall include a description of the materials and procedures which are
				proposed to be used, and the construction and location of trespass warnings and
				appropriate danger notices. The plan shall include a timetable for completion
				of the proposed safeguarding procedures. Commencing of safeguarding operations
				shall take place immediately when the operator suspends mining operations. If
				the safeguarding plan is not approved by the director, the operator will
				receive notice of disapproval and may resubmit an amended plan for
				approval.
B. Acceptable methods to
				effectively close or fence off surface mining openings include the sealing of
				such openings with earthen materials, concrete, masonry or other materials
				approved by the director. Fences must be constructed of durable materials and
				in a manner approved by the director and must be reasonably capable of
				preventing entrance or access to the mine surface openings by unauthorized
				persons. Closures and fences shall be monitored and maintained throughout the
				period or permanent (abandonment) or temporary suspension. Trespass warnings
				and danger notices must be constructed of durable materials and be visible by
				persons who may approach the safeguarded openings. Notices and warning shall be
				printed in both the English and Spanish languages and be legible from a
				distance of fifty feet. Signs shall contain the mine name, name of operator and
				the assigned U.S. mine safety and health administration (MSHA) registration
				number in addition to the trespass warning and danger notice.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.9 - DECISION OF DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
If the director disapproved the proposed plan because it does
				  not effectively safeguard surface mine openings, the director shall indicate in
				  writing the reason therefor. The operator shall then submit an amended
				  safeguarding plan.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.10 - RIGHT OF ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The director and his agents shall have right of entry to
				  mines for the purpose of determining compliance with the rules and regulations
				  for the effective safeguarding of surface mine openings.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.11 - INSPECTION AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
If upon inspection or the investigation of a complaint by any
				  affected party the director determines that there is a violation of statutes,
				  rules and regulations applicable to safeguarding mine surface openings and a
				  party responsible for such safeguarding can be identified, the director shall
				  issue a written notice of non-compliance by certified mail to the responsible
				  party. The responsible party shall submit a written response to the director
				  within ten days of certified mail receipt of the notice of non-compliance.
				  Failure to respond in writing to the director within the ten day limit shall be
				  deemed a failure to properly safeguard and may result in referral by the
				  director to the appropriate district attorney for prosecution. Each individual
				  failure to comply with a statute, rule or regulation, or failure to respond to
				  a written notice will constitute a separate and unlawful act that may be
				  prosecuted. Each unlawful act is subject to a fine of not more than two hundred
				  dollars ($200) or by imprisonment for three months in the county jail or by
				  such fine and imprisonment. Additionally, the director may bring a direct
				  action in district court seeking to compel compliance with the statute
				  requiring safeguarding of mine surface openings.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.12 - EMERGENCY ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If the director determines that an immediate danger to public
				  health and safety exists due to the lack of or ineffective safeguarding of mine
				  surface openings, the director may take appropriate actions necessary to
				  effectively safeguard the mine and recover reasonable costs for such work from
				  the owner of the mine through negotiation or, if necessary, by the filing of a
				  civil suit in district court in the county where the emergency action occurred.
				  The director's actions are discretionary and are subject to financial
				  limitations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 2 - NEW MEXICO MINE SAFEGUARDING › Section 19.7.2.13 - INTERPRETATIVE MEMORANDA

Current through Register Vol. 35, No. 13, July 16, 2024
The director from time to time may issue interpretative
				  memoranda which discuss the type of safeguarding techniques that may be used.
				  Varying types of mine openings, the likelihood of reopening the mine, the
				  proximity to populated areas and other relevant factors will be considered.
				  These memoranda are intended to be guidelines and are not to be considered
				  applicable to any specific mine closure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 3 - CONSOLIDATION OF MINING PROPERTIES › Section 19.7.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Section 8 applies to all persons seeking to consolidate
				  mining properties pursuant to Section
				  69-9-1
				  through
				  69-9-10
				  NMSA 1978. Section 9 applies to Kerr-McGee Corporaion and the owners of all
				  tracts of land in Section 19, Township 14 North, Range 9 West, N.M.P.M.,
				  McKinley County, New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 3 - CONSOLIDATION OF MINING PROPERTIES › Section 19.7.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  69-9-4
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 3 - CONSOLIDATION OF MINING PROPERTIES › Section 19.7.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 1996, unless a different date is cited at the end
				  of a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 3 - CONSOLIDATION OF MINING PROPERTIES › Section 19.7.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Section 8 of Chapter 7 Part 3 is to
				  establish regulations addressing the application for consolidation of mining
				  properties. The objective of Section 9 of Chapter 7 Part 3 is to outline the
				  conditions and requirements of a consolidation of mining properties in Section
				  19, Township 14 North, Range 9 West, N.M.P.M., McKinley county, New Mexico, and
				  to order said consolidation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 7 - MINING - GENERAL PROVISIONS › Part 3 - CONSOLIDATION OF MINING PROPERTIES › Section 19.7.3.8 - APPLICATION FOR CONSOLIDATION

Current through Register Vol. 35, No. 13, July 16, 2024
Order adopting rules and regulations for administration of
				  Chapter 33, New Mexico Laws of 1967 concerning consolidation of mining
				  properties. Pursuant to Section 4 of Chapter 33, New Mexico Laws of 1967, the
				  state geologist of New Mexico hereby adopts the following rules and
				  regulations:
A. Filing of application;
				form. Any person, firm or corporation desiring to make application to the state
				geologist for consolidation of mining properties under Chapter 33, New Mexico
				Laws of 1967, shall file three copies of the application, and three copies of
				all exhibits thereto, with the state geologist, state land office building,
				Santa Fe, New Mexico. The application shall contain all of the information
				required by law and may contain any additional information that the applicant
				deems pertinent.
B. Notice of
				hearing. Upon receiving an application for consolidation, the state geologist
				shall set a time and place for hearing and immediately shall notify the
				applicant thereof. The applicant shall give notice of hearing in accordance
				with law and shall file with the state geologist an affidavit of publication,
				and an affidavit of mailing showing in detail the date and manner of giving
				notice and to whom notice was given. All return receipts from certified mailing
				of notice of hearing shall be filed with the state geologist.
C. Record: The state geologist shall cause an
				official record to be made of all proceedings in connection with the
				application, including a transcript of all testimony and exhibits offered with
				respect thereto.
D. Order: notice
				of order: At the conclusion of the hearing on an application, the applicant
				shall submit a proposed order to the state geologist. Any order of the state
				geologist shall be made part of the official record, and notice of the order
				shall be given to the applicant or to the applicant's attorney of
				record.
E. Procedure upon petition
				for approval by district court. Upon the filing of a petition in district court
				for approval of an order of consolidation pursuant to Section 9, Chapter 33,
				New Mexico Laws of 1967, the state geologist shall certify the record made
				before him and transmit it to the clerk of the district court.
F. Payment of costs. The expenses of any
				proceeding on an application for consolidation, including the cost of giving
				notice of hearing and the fees and expenses in connection with preparation of
				the record, shall be borne and paid directly by the applicant.
G. DONE at Santa Fe, New Mexico, this 6th day
				of July, 1967.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.8.1.2 - 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 1 - GENERAL PROVISIONS › Section 19.8.1.3 - 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 1 - GENERAL PROVISIONS › Section 19.8.1.6 - 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 1 - GENERAL PROVISIONS › Section 19.8.1.108 - SUSPENSION OF RULES OR REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
(None) Section 1-11 CSMC Rule 80-1, as adopted May 15, 1980,
				  is hereby repealed, provided, however, that such repeal shall not be deemed to
				  affect the authority of persons to engage in or carry out any surface coal
				  mining operations if he has a permit under Laws 1972, Chapter 68, and such
				  permit has not expired pursuant to the act or 19.8 NMAC Parts 1-35, so long as
				  he complies with the provisions of the act, the permit and 19.8 NMAC Parts
				  1-35.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.8.1.109 - RESTRICTIONS OF EMPLOYEE FINANCIAL INTERESTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Responsibilities.
(1) Employees performing duties or functions
				under the act and 19.8 NMAC Parts 1-35 shall:
(a) file a fully completed statement of
				employment and financial interest 120 days after 19.8 NMAC Parts 1-35 become
				effective or upon entrance to duty, and annually thereafter on September 1 of
				each year;
(b) have no direct or
				indirect financial interest in coal mining operations; and
(c) comply with directions issued by persons
				responsible for approving each statement and comply with directives issued by
				those persons responsible for ordering remedial action.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.8.1.110 - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except
				as otherwise provided computation of time under the act and 19.8 NMAC Parts
				1-35 is based on calendar days.
B.
				In computing any period of prescribed time, the day on which the designated
				period of time begins is not included. The last day of the period is included
				unless it is a Saturday, Sunday, or legal holiday on which the director is not
				open for business, in which event the period runs until the end of the next day
				which is not a Saturday, Sunday, or legal holiday.
C. Intermediate Saturdays, Sundays, and legal
				holidays are excluded from the computation when the period of prescribed time
				is 7 days or less.
D. An operator's
				"mining year" shall be the calendar year.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 1 - GENERAL PROVISIONS › Section 19.8.1.111 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Coal
				extraction which is an incidental part of government-financed construction is
				exempt from the act and 19.8 NMAC Parts 1-35.
B. Any person who conducts or intends to
				conduct coal extraction which does not satisfy Subsection A of 19.8.1.111 NMAC
				shall not proceed until a permit has been obtained from the director.
C. Any person extracting coal incident to
				government-financed highway or other construction who extracts more than 250
				tons of coal or affects more than two acres shall maintain, on the site of the
				extraction operation and available for inspection, documents which show:
(1) a description of the construction
				project;
(2) the exact location of
				the construction, right-of-way or the boundaries of the area which will be
				directly affected by the construction; and
(3) the government agency which is providing
				the financing and the kind and amounts of public financing, including the
				percentage of the entire construction costs represented by the government
				financing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.2 - 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 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.3 - 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 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.5 - 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 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.6 - 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 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.7 - 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 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.200 - LANDS UNSUITABLE

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall determine whether:
A. an application for a permit must be
				denied, limited or conditioned, because surface coal mining operations on those
				lands are prohibited or limited by Section
				69-25A-26
				NMSA 1978 of the act, and 19.8.2 NMAC;
B. an applicant for a permit covering such
				lands either had any valid existing rights on August 3, 1977, or was conducting
				a surface coal mining operation on those lands on August 3, 1977.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.201 - AREAS WHERE MINING IS PROHIBITED OR LIMITED

Current through Register Vol. 35, No. 13, July 16, 2024
Subject to valid existing rights, no surface coal mining
				  operations shall be conducted after August 3, 1977, unless those operations
				  existed on the date of enactment:
A.
				on any lands which will adversely affect any publicly owned park or any places
				included on the national register of historic places, unless approved jointly
				by the director, and the federal, state or local agency with jurisdiction over
				the park or places;
B. within 100
				feet measured horizontally of the outside right-of-way line of any public road
				except:
(1) where mine access roads or
				haulage roads join such right-of-way line; or
(2) where the director allows the public road
				to be relocated or the area affected to be within 100 feet of such road, after:
(a) public notice and opportunity for a
				public hearing in accordance with Subsection D of 19.8.2.202 NMAC;
				and
(b) making a written finding
				that the interests of the affected public and landowners will be
				protected;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.202 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of
				a complete application for a surface coal mining and reclamation operations
				permit, the director shall review the application to determine whether surface
				coal mining operations are limited or prohibited under 19.8.2.201 NMAC on the
				lands which would be disturbed by the proposed operation.
B. The director must reject any portion of
				the application that would locate surface coal mining operations on land
				protected under 19.8.2.201 NMAC unless:
(1)
				the site qualifies for the exception for existing operations under 19.8.2.203
				NMAC;
(2) a person has valid
				existing rights for the land, as determined under 19.8.35 NMAC;
(3) the applicant obtains a waiver or
				exception from the prohibitions of 19.8.2.201 NMAC in accordance with
				Subsections D, E and G of 19.8.2.202 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 2 - AREAS DESIGNATED BY ACTS OF CONGRESS › Section 19.8.2.203 - EXCEPTION FOR EXISTING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The prohibitions and limitations of
				  19.8.2.201
				  NMAC do not apply to:
A. surface coal
				mining operations for which a valid permit, issued by the director under 19.8
				NMAC Parts 1-35, exists when the land comes under the protection of 19.8.2.201
				NMAC; this exception applies only to lands within the permit area as it exists
				when the land comes under the protection of 19.8.2.201 NMAC;
B. with respect to operations existing prior
				to August 3, 1977, lands upon which validly authorized surface coal mining
				operations existed when the land comes under the protection of 1978 NMSA 69-25A
				et seq. and 19.8.2.201 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.2 - 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 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.3 - 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 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.5 - 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 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.6 - 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 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.7 - 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 3 - CRITERIA FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS › Section 19.8.3.300 - CRITERIA FOR DESIGNATING LANDS AS UNSUITABLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon petition an area shall be designated
				as unsuitable for all or certain types of surface coal mining operations, if
				the director determines that reclamation is not technologically and
				economically feasible under the act and 19.8.1 through 19.8.35 NMAC.
B. Upon petition an area may be (but is not
				required to be) designated as unsuitable for certain types of surface coal
				mining operations, if the operations will:
(1) be incompatible with existing state or
				local land use plans or programs;
(2) affect fragile or historic lands in which
				the operations could result in significant damage to important historic,
				cultural, scientific, or aesthetic values or natural systems;
(3) affect renewable resource lands in which
				the operations could result in a substantial loss or reduction of long-range
				productivity of water supply or of food or fiber products; or
(4) affect natural hazard lands in which the
				operations could substantially endanger life and property, such lands to
				include areas subject to frequent flooding and areas of unstable geologic
				formations.