reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1000 - EXPERIMENTAL PRACTICES MINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Each person who desires to conduct an experimental practice shall submit a
				permit application for the approval of the director and the director of the
				office of surface mining. The permit application shall contain appropriate
				descriptions, maps, plans and data which show:
(1) the nature of the experimental
				practice;
(2) how use of the
				experimental practice:
(a) encourages
				advances in mining and reclamation technology, or
(b) allows a postmining land use for
				industrial, commercial, residential, or public use (including recreational
				facilities), on an experimental basis, when the results are not otherwise
				attainable under the act and 19.8 NMAC;
(3) that the mining and reclamation
				operations proposed for using an experimental practice are not larger or more
				numerous than necessary to determine the effectiveness and economic feasibility
				of the experimental practice;
(4)
				that the experimental practice:
(a) is
				potentially more or at least as environmentally protective, during and after
				the proposed mining and reclamation operations, as those required under 19.8.19
				through 19.8.28 NMAC and 19.8 NMAC; and
(b) will not reduce the protection afforded
				public health and safety below that provided by the requirements of 19.8.19
				through 19.8.28 NMAC and 19.8 NMAC;
(5) that the applicant will conduct special
				monitoring with respect to the experimental practice during and after the
				operations involved; the monitoring program shall:
(a) insure the collection and analysis of
				sufficient and reliable data to enable the director and the regional director
				of the office of surface mining to make adequate comparisons with other surface
				coal mining and reclamation operations employing similar experimental
				practices; and
(b) include
				requirements designed to identify, as soon as possible, potential risks to the
				environment and public health and safety from the use of the experimental
				practice.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1001 - MOUNTAINTOP REMOVAL MINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Mountaintop removal mining means surface mining activities, where the mining
				operation removes an entire coal seam or seams running through the upper
				fraction of a mountain, ridge, or hill except as provided for in Subsection F
				of 19.8.25.2500 NMAC, by removing substantially all of the overburden off the
				bench and creating a level plateau or a gently rolling contour, with no
				highwalls remaining, and capable of supporting postmining land uses in
				accordance with the requirements of this section.
B. The director may issue a permit for
				mountaintop removal mining, without regard to the requirements of 19.8.20.2054
				through 2058 NMAC, to restore the lands disturbed by such mining to their
				approximate original contour, if he first finds, in writing, on the basis of a
				complete application, that the following requirements are met:
(1) the proposed postmining land use of the
				lands to be affected will be an industrial, commercial, agricultural,
				residential, or public facility (including recreational facilities) use and,
				if:
(a) after consultation with the
				appropriate land-use planning agencies, if any, the proposed land use is deemed
				by the director to constitute an equal or better economic or public use of the
				affected land compared with the pre-mining use;
(b) the applicant demonstrates compliance
				with the requirements for acceptable alternative postmining land uses of
				19.8.20.2075 NMAC;
(c) the proposed
				use would be compatible with adjacent land uses and existing state and local
				land use plans and programs; and
(d) the director has provided, in writing, an
				opportunity of not more than 60 days to review and comment on such proposed use
				to the governing body of general purpose government in whose jurisdiction the
				land is located and any state or federal agency which the director, in his
				discretion, determines to have an interest in the proposed use;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1002 - STEEP SLOPE MINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. This
				section applies to any person who conducts or intends to conduct steep slope
				surface coal mining and reclamation operations, except:
(1) where an operator proposes to conduct
				surface coal mining and reclamation operations on flat or gently rolling
				terrain, leaving a plain or predominantly flat area, but on which an occasional
				steep slope is encountered as the mining operation proceeds;
(2) where a person obtains a permit under the
				provisions of 19.8.10.1001 NMAC; or
(3) to the extent that a person obtains a
				permit incorporating a variance under 19.8.10.1003 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1003 - PERMIT INCORPORATING VARIANCES FROM APPROXIMATE ORIGINAL CONTOUR RESTORATION REQUIREMENTS FOR STEEP SLOPE MINING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director may issue a permit for
				surface mining activities incorporating a variance from the requirement for
				restoration of the affected lands to their approximate original contour only if
				he first finds, in writing, on the basis of a complete application, that all of
				the following requirements are met:
(1) the
				applicant has demonstrated that the purpose of the variance is to make the
				lands to be affected within the permit area suitable for an industrial,
				commercial, residential, or public use postmining land use;
(2) the proposed use, after consultation with
				the appropriate land-use planning agencies, if any, constitutes an equal or
				better economic or public use;
(3)
				the applicant has demonstrated compliance with the requirements for acceptable
				alternative postmining land uses of Subsection C of 19.8.20.2075
				NMAC;
(4) the applicant has
				demonstrated that the watershed of lands within the proposed permit area and
				adjacent areas will be improved by the operations; the watershed will only be
				deemed improved if:
(a) there will be a
				reduction in the amount of total suspended solids or other pollutants
				discharged to ground or surface waters from the permit area as compared to such
				discharges prior to mining, so as to improve public or private uses of the
				ecology or such waters; or, there will be reduced flood hazards within the
				watershed containing the permit area by reduction of the peak flow discharges
				from precipitation events or thaws;
(b) the total volume of flows from the
				proposed permit area, during every season of the year, will not vary in a way
				that adversely affects the ecology of any surface water or any existing or
				planned use of surface or ground water; and
(c) the environment department approves the
				plan.
(5) the applicant
				has demonstrated that the owner of the surface of the lands within the permit
				area has knowingly requested, in writing, as part of the application, that a
				variance be granted; the request shall be made separately from any surface
				owner consent given for the operations under 19.8.7.703 NMAC and shall show an
				understanding that the variance could not be granted without the surface
				owner's request.
(6) the applicant
				has demonstrated that the proposed operations will be conducted in compliance
				with the requirements of 19.8.26.2602 NMAC;
(7) all other requirements of the act and
				19.8 NMAC will be met by the proposed operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1005 - VARIANCES FOR DELAY IN CONTEMPORANEOUS RECLAMATION REQUIRED IN COMBINED SURFACE AND UNDERGROUND MINING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application contents for variances. Any
				person who desires to obtain a variance under this section shall file with the
				director complete applications for both the surface mining activities and
				underground mining activities which are to be combined. The mining and
				reclamation operation plans for these permits shall contain appropriate
				narratives, maps and plans, which:
(1) show
				why the proposed underground mining activities are necessary or desirable to
				assure maximum practical recovery of coal;
(2) show how multiple future disturbances of
				surface lands or waters will be avoided;
(3) identify the specific surface areas for
				which a variance is sought and the particular sections of the act and 19.8 NMAC
				from which a variance is being sought;
(4) show how the activities will comply with
				19.8.21 NMAC and other applicable requirements of the act and 19.8
				NMAC;
(5) show why the variance
				sought is necessary for the implementation of the proposed underground mining
				activities;
(6) provide an
				assessment of the adverse environmental consequences and damages, if any, that
				will result if the reclamation of surface mining activities is delayed;
				and
(7) show how off-site storage
				of spoil will be conducted to comply with 19.8.20.2034 through 2037 NMAC, the
				requirements of the act and 19.8 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1007 - AUGERING

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section
				applies to any person who conducts or intends to conduct surface coal mining
				and reclamation operations utilizing augering operations.
B. Any application for a permit for
				operations covered by this section shall contain, in the mining and reclamation
				plan, a description of the augering methods to be used and the measures to be
				used to comply with 19.8.22 NMAC and demonstrate to the director that auger
				mining is the best method to recover the maximum coal resource.
C. No permit shall be issued for any
				operations covered by this section unless the director finds, in writing, that
				in addition to meeting all other applicable requirements of 19.8.5 through
				19.8.13 NMAC, the operation will be conducted in compliance with 19.8.22
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1008 - COAL PROCESSING PLANTS OR SUPPORT FACILITIES NOT LOCATED WITHIN THE PERMIT AREA OF A SPECIFIED MINE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				This section applies to any person who conducts or intends to conduct surface
				coal mining and reclamation operations utilizing coal processing plants or
				support facilities not within a permit area of a specific mine. Any person who
				operates such a processing plant or support facility shall have obtained a
				permit from the director in accordance with the requirements of this
				section.
B. Any application for a
				permit for operations covered by this section shall contain in the mining and
				reclamation plan, specific plans, including descriptions, maps and
				cross-sections of the construction, operation, maintenance and removal of the
				processing plants and associated support facilities. The plan shall demonstrate
				that those operations will be conducted in compliance with 19.8.27
				NMAC.
C. No permit shall be issued
				for any operation covered by this section, unless the director finds, in
				writing, that, in addition to meeting all other applicable requirements of
				19.8.5 through 19.8.13 NMAC, the operations will be conducted in compliance
				with the requirements of 19.8.27 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 10 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING › Section 19.8.10.1009 - IN SITU PROCESSING ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. This section applies to any person who
				conducts or intends to conduct surface coal mining and reclamation operations
				utilizing in situ processing activities.
B. Any application for a permit for
				operations covered by this section shall be made according to all requirements
				of 19.8.5 through 19.8.13 NMAC applicable to underground mining activities. In
				addition, the mining and reclamation operations plan for operations involving
				in situ processing activities shall contain information establishing how those
				operations will be conducted in compliance with the requirements of 19.8.28
				NMAC, including:
(1) delineation of proposed
				holes and wells and production zone for approval of the director;
(2) specifications of drill holes and casings
				proposed to be used;
(3) a plan for
				treatment, confinement or disposal of all acid-forming, toxic-forming or
				radioactive gases, solids, or liquids constituting a fire, health, safety or
				environmental hazard caused by the mining and recovery process; and
(4) plans for monitoring surface and ground
				water and air quality, as required by the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.2 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.3 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.5 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.6 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.7 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.8 - 19.8.11.1099 - 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 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1100 - PUBLIC NOTICES OF FILING OF PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant applying for a permit shall
				place an advertisement in a newspaper of general circulation in the county of
				the proposed surface coal mining and reclamation operations, at least once a
				week for four consecutive weeks. The applicant shall place the advertisement in
				the newspaper at the same time the complete permit application is filed with
				the director. The advertisement shall contain, at a minimum, the following
				information:
(1) the name and business
				address of the applicant; and
(2) a
				map or description which shall:
(a) clearly
				show or describe towns, rivers, streams, or other bodies of water, local
				landmarks, and any other information, including routes, streets, or roads and
				accurate distance measurements, necessary to allow local residents to readily
				identify the proposed permit area;
(b) clearly show or describe the exact
				location and boundaries of the proposed permit area;
(c) state the name of the U.S. geological
				survey 7.5-minute quadrangle map(s) which contains the area shown or described;
				and
(d) if a map is used, indicate
				the north point;
(3) the
				location where a copy of the application is available for public inspection
				under Subsection E of 19.8.11.1100 NMAC and a description of the information
				requested by the applicant to be held in confidence by the director;
(4) the name and address of the director to
				which written comments, objections or requests for informal conferences on the
				application may be submitted under 19.8.11.1101 through 1103 NMAC; and
(5) if an applicant seeks a permit
				to mine within 100 feet of the outside right-of-way of a public road or to
				relocate a public road, a concise statement describing the public road, the
				particular part to be relocated, where the relocation is to occur, and the
				duration of the relocation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1101 - OPPORTUNITY FOR SUBMISSION OF WRITTEN COMMENTS ON PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Written comments
				on permit applications may be submitted to the director by the public entities
				to whom notification is provided under Subsections C and D of 19.8.11.1100
				NMAC, with respect to the effects of the proposed mining operations on the
				environment within their area of responsibility.
B. These comments shall be submitted to the
				director within 30 days following the last publication of the above
				notice.
C. The director shall
				immediately transmit a copy of all such comments for filing and public
				inspection at the public office where the applicant filed a copy of the
				application for permit under Subsection E of 19.8.11.1100 NMAC.
D. A copy shall also be transmitted to the
				applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1102 - RIGHT TO FILE WRITTEN OBJECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person whose interests are or may be
				adversely affected or an officer or head of any federal, state, tribal or local
				governmental agency or authority shall have the right to file written
				objections to an initial or revised application for a permit with the director
				within 30 days after the last publication of the newspaper notice required by
				Subsection A of 19.8.11.1100 NMAC.
B. The director shall immediately upon
				receipt of any written objections:
(1)
				transmit a copy of them to the applicant; and
(2) file a copy for public inspection at the
				public office where the applicant filed a copy of the application for permit
				under Subsection E of 19.8.11.1100 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1103 - HEARINGS AND CONFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Procedure for requests. Any person, whose interests are or may be adversely
				affected by the issuance, revision or renewal of the permit, or the officer or
				head of any federal, state, tribal or local government agency or authority may,
				in writing, request that the director hold an informal conference on any
				application for a permit. The request shall:
(1) briefly summarize the issues to be raised
				by the requestor at the conference;
(2) state whether the requestor desires to
				have the conference conducted in the locality of the proposed mining
				operations; and
(3) be filed with
				the director not later than 30 days after the last publication of the newspaper
				advertisement placed by the applicant under Subsection A of 19.8.11.1100
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1104 - PUBLIC AVAILABILITY OF INFORMATION IN PERMIT APPLICATIONS ON FILE WITH THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Information contained in permit applications on file with the director shall be
				open, upon written request, for public inspection and copying at reasonable
				times except for:
(1) information pertaining
				to coal seams, test borings, core samplings, or soil samples in permit
				applications shall be made available for inspection and copying to any person
				with an interest which is or may be adversely affected;
(2) information in permit applications which
				pertains only to the analysis of the chemical and physical properties of the
				coal to be mined (excepting information regarding mineral or elemental contents
				of such coal, which are potentially toxic in the environment) shall be kept
				confidential and not made a matter of public record; and
(3) information in the reclamation plan
				portions of the application, which is required to be filed with the director
				under Section
				69-25A-12
				NMSA 1978, and which is not otherwise a public record, shall be held in
				confidence by the director upon the written request of the applicant;
(4) information on the nature and location of
				archaeological resources on the public land and Indian land as required under
				the Archaeological Resources Protection Act of 1979 ( Pub. L. 96-95, 93 Stat.
				721,
				16 U.S.C.
				470 );
(5) information required to be kept
				confidential shall be clearly identified by the applicant and submitted
				separately from other portions of the application.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1105 - REVIEW OF PERMIT APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Review and consultation.
(1) The director
				shall review the complete application and written comments, written objections
				submitted, and records of any informal conference held under 19.8.11.1101
				through 1103 NMAC.
(2) The director
				shall determine the adequacy of the fish and wildlife plan submitted pursuant
				to 19.8.9.905 NMAC, in consultation with state and federal fish and wildlife
				management and conservation agencies having responsibilities for the management
				and protection of fish and wildlife or their habitats which may be affected or
				impacted by the proposed surface coal mining and reclamation
				operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1106 - CRITERIA FOR PERMIT APPROVAL OR DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
No permit or revision application shall be approved, unless
				  the application affirmatively demonstrates and the director finds, in writing,
				  on the basis of information set forth in the application or from information
				  otherwise available, which is documented in the approval and made available to
				  the applicant, that:
A. the permit
				application is accurate and complete and that all requirements of the act and
				19.8 NMAC have been complied with;
B. the applicant has demonstrated that
				surface coal mining and reclamation operations, as required by the act and 19.8
				NMAC, can be feasibly accomplished under the mining and reclamation operations
				plan contained in the application;
C. the assessment of the probable cumulative
				hydrological impacts (CHIA) of all anticipated coal mining in the cumulative
				impact area on the hydrologic balance, as described in Subsection C of
				19.8.9.907 NMAC has been made by the director, and the operations proposed
				under the application have been designed to prevent damage to the hydrologic
				balance outside the proposed permit area;
D. the proposed permit area is:
(1) not included within an area designated
				unsuitable for surface coal mining operations under 19.8.3 and 4 NMAC;
				or
(2) not within an area under
				study for designation as unsuitable for surface coal mining operations in an
				administrative proceeding begun under 19.8.4 NMAC, unless the applicant
				demonstrates that, before January 4, 1977, he has made substantial legal and
				financial commitments in relation to the operation for which he is applying for
				a permit; or
(3) not within an area
				subject to the prohibitions of 19.8.2.201 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1107 - IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Permit review. When the director has
				reason to believe that the director improvidently issued a surface coal mining
				and reclamation permit the director shall immediately review the circumstances
				under which the director issued the permit, using the criteria in Subsection B
				of 19.8.11.1107 NMAC. If the director finds that the director improvidently
				issued the permit, then the director shall comply with Subsection C of
				19.8.11.1107 NMAC.
B. Review
				criteria. The director shall find that the director improvidently issued a
				surface coal mining and reclamation permit if:
(1) under the regulatory program's violations
				review criteria at the time the director issued the permit:
(a) the director should not have issued the
				permit because of an unabated violation or a delinquent penalty or fee;
				or
(b) the director issued the
				permit on the presumption that a notice of violation was in the process of
				being corrected to the satisfaction of the agency with jurisdiction over the
				violation, but a cessation order subsequently was issued; and
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1108 - CRITERIA FOR PERMIT APPROVAL OR DENIAL: EXISTING STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No application
				for a permit or revision which proposes to use an existing structure in
				connection with or to facilitate the proposed surface coal mining and
				reclamation operation shall be approved, unless the applicant demonstrates and
				the director finds, in writing, on the basis of information set forth in the
				complete application that the structure meets the performance standards of the
				act and 19.8.19 through 28 NMAC.
B.
				If the director finds that the structure does not meet the requirements of
				Subsection A of 19.8.11.1108 NMAC, the director shall require the applicant to
				submit a compliance plan for modification or reconstruction of the structure
				and shall find prior to the issuance of the permit that:
(1) the modification or reconstruction of the
				structure will bring the structure into compliance with the design and
				performance standards of 19.8.19 through 19.8.28 NMAC as soon as possible, but
				not later than six months after issuance of the permit;
(2) the risk of harm to the environment or to
				public health or safety is not significant during the period of modification or
				reconstruction; and
(3) the
				applicant will monitor the structure to determine compliance with the
				performance standards of 19.8.19 through 19.8.28 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1109 - PERMIT APPROVAL OR DENIAL ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director shall approve, require
				modification of, or deny all applications for permits under the act and 19.8.
				NMAC on the basis of:
(1) complete
				applications for permits and revisions or renewals thereof;
(2) public participation as provided for in
				19.8.5 through 19.8.13 NMAC;
(3)
				compliance with any applicable provisions of 19.8.10 NMAC; and
(4) processing and review of applications as
				required by 19.8.11 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1110 - IMPROVIDENTLY ISSUED PERMITS: RESCISSION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
When the director, according to Paragraph (4) of Subsection E
				  of
				  19.8.11.1107
				  NMAC, elects to rescind an improvidently issued permit, the director shall
				  serve on the permittee a notice of suspension and rescission which includes the
				  reasons for the finding of the director under Subsection B of
				  19.8.11.1107
				  NMAC and states that:
A. automatic
				suspension and rescission: after a specified period of time, not to exceed 90
				days, the permit automatically will be suspended; the permit shall be rescinded
				within, but not to exceed, 90 days after such suspension, unless the permittee
				submits proof, and the director finds, within the 90 day period, consistent
				with the provisions of 19.8.11.1118 NMAC, that:
(1) the director's findings under Subsection
				B of 19.8.11.1107 NMAC were erroneous;
(2) the permittee or other person responsible
				has abated the violation on which the finding was based, or paid the penalty or
				fee, to the satisfaction of the responsible agency;
(3) the violation, penalty or fee is the
				subject of good faith appeal, or of an abatement plan or payment schedule with
				which the permittee or other person responsible is complying to the
				satisfaction of the responsible agency; or
(4) since the finding was made, the permittee
				has severed any ownership or control link with the person responsible for, and
				does not continue to be responsible for, the violation, penalty or
				fee;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1111 - PERMIT TERMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each permit
				shall be issued for a fixed term not to exceed 5 years. A longer fixed permit
				term may be granted, if:
(1) the application
				is full and complete for the specified longer term; and
(2) the applicant shows that a specified
				longer term is reasonably needed to allow the applicant to obtain necessary
				financing of equipment and the opening of the operation, and this need is
				confirmed, in writing, by the applicant's proposed source for the
				financing.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1112 - CONDITIONS OF PERMITS: GENERAL AND RIGHT OF ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
Each permit issued by the director shall ensure that:
A. except to the extent that the director
				otherwise directs in the permit that specific actions be taken, the permittee
				shall conduct all surface coal mining and reclamation operations as described
				in the complete application; and
B.
				the permittee shall allow the authorized representatives of the secretary of
				the U.S. department of interior, including, but not limited to, inspectors and
				fee compliance officers and the director to have the rights of entry provided
				for in 19.8.29.2900 NMAC; and be accompanied by private persons for the purpose
				of conducting an inspection in accordance with 19.8.29 NMAC, when the
				inspection is in response to an alleged violation reported to the director by
				the private person;
C. the
				permittee shall conduct surface coal mining and reclamation operations only on
				those lands specifically designated on the maps submitted under 19.8.8 and
				19.8.9 NMAC and approved for the term of the permit and which are subject to
				the performance bond or other equivalent guarantee in effect pursuant to
				19.8.14 NMAC;
D. at least 10 days
				prior to initial surface disturbance, the permittee shall notify the director,
				in writing, of his intentions to begin operations;
E. the operator shall pay all reclamation
				fees required for abandoned mine land reclamation under Section 402 of Public
				Law 95-87 for coal produced under the permit for sale, transfer or use in the
				manner required by that section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1113 - CONDITIONS OF PERMITS: ENVIRONMENT, PUBLIC HEALTH AND SAFETY

Current through Register Vol. 35, No. 13, July 16, 2024
Each permit issued by the director shall ensure and contain
				  specific conditions requiring that:
A.
				the permittee shall take all possible steps to minimize any adverse impact to
				the environment or public health and safety resulting from noncompliance with
				any term or condition of the permit, including, but not limited to:
(1) any accelerated or additional monitoring
				necessary to determine the nature and extent of noncompliance and the results
				of the noncompliance;
(2) immediate
				implementation of measures necessary to comply; and
(3) warning, as soon as possible after
				learning of such noncompliance, any person whose health and safety is in
				imminent danger due to the noncompliance;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1114 - CONFORMANCE OF PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall include in the approved permit the
				  following provision: The permittee has expressly undertaken in this permit
				  application to comply with various performance standards and design criteria
				  presently contained in or derived from the New Mexico coal surface mining
				  regulations. Such undertakings are made upon the condition and with the
				  understanding that any amendments to 19.8.11 NMAC shall entitle the permittee
				  to apply for and receive a review of the related permit provision for the
				  purpose of conforming the permit to the amended state regulations or making
				  other appropriate permit amendments. The permittee and the mining and minerals
				  division shall meet within 30 days of request by the permittee or notice by the
				  director for the purpose of considering such amendments to the permit as are
				  appropriate.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1115 - VERIFICATION OF OWNERSHIP OR CONTROL APPLICATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance
				with Subsection E of 19.8.11.1105 NMAC, prior to the issuance of a permit, the
				director shall review the information in the application provided pursuant to
				19.8.7.701 NMAC to determine that such information, including the
				identification of the operator and all owners and controllers of the operator,
				is complete and accurate. In making such determination, the director shall
				compare the information provided in the application with information from other
				reasonably available sources, including:
(1)
				the director's inspection and enforcement records; and
(2) state corporation commission or tax
				records, to the extent they contain information concerning ownership or control
				links; and
(3) the
				applicant/violator system; and
(4)
				other information or records that may be available to the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1116 - REVIEW OF OWNERSHIP OR CONTROL AND VIOLATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Following the
				verification of ownership or control information pursuant to 19.8.11.1115 NMAC,
				the director shall review all reasonably available information concerning
				violation notices and ownership or control links involving the applicant to
				determine whether the application can be approved under 19.8.7.702 NMAC. Such
				information shall include:
(1) with respect
				to ownership or control links involving the applicant, all information obtained
				under 19.8.11.1115 NMAC and 19.8.7.701 NMAC; and
(2) with respect to violation notices, all
				information obtained under 19.8.7.702 NMAC, information obtained from OSM,
				including information shown in the AVS, and information from the director's own
				records concerning violation notices.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1117 - PROCEDURES FOR CHALLENGING OWNERSHIP OR CONTROL LINKS SHOWN IN AVS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Challenging AVS
				linkage and violation status.
(1) Any
				applicant or other person shown in AVS in an ownership or control link to any
				person may challenge such link in accordance with the provisions of Subsection
				B through Subsection D of 19.8.11.1117 NMAC and 19.8.11.1118 NMAC, unless such
				applicant or other person is bound by a prior administrative or judicial
				determination concerning the link.
(2) Any applicant or other person shown in
				AVS in an ownership or control link to any person cited in a federal violation
				notice may challenge the status of the violation such notice covers in
				accordance with the provisions of Subsection B through Subsection D of
				19.8.11.1117 NMAC and 19.8.11.1118 NMAC, unless such applicant or other person
				is bound by a prior administrative or judicial determination concerning the
				violation's status.
(3) Any
				applicant or other person shown in AVS in an ownership or control link to any
				person cited in a state violation notice may challenge the status of the
				violation covered by such notice in accordance with the state program
				equivalents to Subsection B through Subsection D of 19.8.11.1117 NMAC and
				19.8.11.1118 NMAC for the state that issued the violation notice, unless such
				applicant or other person is bound by a prior administrative or judicial
				determination concerning the violation's status.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1118 - STANDARDS FOR CHALLENGING OWNERSHIP OR CONTROL LINKS AND THE STATUS OF VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				provisions of this section shall apply whenever a person has and exercises a
				right, under the provisions of 19.8.11.1107, 1110, 1116, or 1117 NMAC or under
				the provisions of 19.8.12 NMAC, to challenge (1) an ownership or control link
				to any person and/or (2) the status of any violation covered by a
				notice.
B. Responsibility for
				decision-making.
(1) Except as provided in
				Paragraph (3) of Subsection B of 19.8.11.1118 NMAC:
(a) the director before which an application
				is pending shall have responsibility for making decisions with respect to
				ownership or control relationships of the application;
(b) the director that issued a permit shall
				have responsibility for making decisions with respect to the ownership or
				control relationships of the permit;
(c) the state director for the state that
				issued a state violation notice shall have responsibility for making decisions
				with respect to the ownership or control relationships of the
				violation;
(d) the regulatory
				agency that issued a violation notice, whether state or federal, shall have
				responsibility for making decisions concerning the status of the violation
				covered by such notice, i.e., whether the violation remains outstanding, has
				been corrected, is in the process of being corrected, or is the subject of a
				good faith appeal, within the meaning of Paragraph (1) of Subsection C of
				19.8.11.1105 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1119 - POST-PERMIT ISSUANCE REQUIREMENTS AND OTHER ACTIONS BASED ON OWNERSHIP, CONTROL AND VIOLATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purposes of future permit
				eligibility determinations and enforcement actions, the director shall enter
				into AVS all:
(1) permit records, within 30
				days after the permit is issued or subsequent changes made;
(2) unabated or uncorrected violations,
				within 30 days after the abatement or correction period for a violation
				expires;
(3) changes to information
				initially required to be provided by an applicant under 19.8.7.701 NMAC, within
				30 days of receiving notice of a change; and
(4) changes in violation status, within 30
				days after abatement, correction, or termination of a violation, or a decision
				from an administrative or judicial tribunal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1120 - POST-PERMIT ISSUANCE INFORMATION REQUIREMENTS FOR PERMITTEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within 30 days
				after the issuance of a cessation order in accordance with 19.8.30.3000 NMAC,
				or a federal cessation order issued in accordance with
				30 CFR 843.11,
				the permittee must provide or update all the information required under
				Subsection C and D of 19.8.7.701 NMAC.
B. The permittee does not have to submit
				information under Subsection A of 19.8.11.1120 NMAC if a court of competent
				jurisdiction grants a stay of the cessation order and the stay remains in
				effect.
C. Within 60 days of any
				addition, departure, or change in position of any person identified in
				Subsections C or D of 19.8.7.701 NMAC, the permittee must provide:
(1) the information required under
				Subsections C or D of 19.8.7.701 NMAC; and
(2) the date of any departure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS › Section 19.8.11.1121 - CERTIFYING AND UPDATING EXISTING PERMIT APPLICATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the applicant
				or operator has previously applied for a permit and the required information is
				already in AVS, then the applicant or operator may update the information as
				follows:
(1) if all or part of the
				information already in AVS is accurate and complete, then the applicant or
				operator may certify to the director by swearing or affirming, under oath and
				in writing, that the relevant information in AVS is accurate, complete, and up
				to date;
(2) if part of the
				information in AVS is missing or incorrect, the applicant or operator must
				submit to the director the necessary information or corrections and swear or
				affirm, under oath and in writing, that the information the applicant or
				operator submitted is accurate and complete;
(3) if the applicant or operator can neither
				certify that the data in AVS is accurate and complete nor make needed
				corrections, then the applicant or operator must include in his or her permit
				application the information required under 19.8.7.701 and 702 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.2 - 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 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.3 - 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 12 - ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISION › Section 19.8.12.5 - 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.