reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3203 - PROGRAM SERVICES AND DATA REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. To the extent possible with available
				funds, the director shall select and pay a qualified laboratory to make the
				determination and statement and provide other services referenced in Subsection
				B of 19.8.32.3203 NMAC for eligible operators who request assistance.
B. The director shall determine the data
				needed for each applicant or group of applicants. Data collected and the
				results provided to the director shall be sufficient to satisfy the
				requirements for:
(1) the determination of
				the probable hydrologic consequences of the surface mining and reclamation
				operations in the proposed permit area and adjacent areas, including the
				engineering analyses and designs necessary for the determination in accordance
				with Subsection C of 19.8.9.907 NMAC and any other applicable provisions of
				19.8 NMAC;
(2) the drilling and
				statement of the results of test borings or core samplings for the proposed
				permit area in accordance with 19.8.8.803 NMAC and any other applicable
				provisions of 19.8.1 through 19.8.35 NMAC;
(3) the development of cross-section maps and
				plans required by 19.8.8.813 NMAC;
(4) the collection of archaeological and
				historic information and related plans required by 19.8.8.801 NMAC and
				19.8.9.912 NMAC and any other archaeological and historic information required
				by the regulatory authority;
(5)
				pre-blast surveys required by Subsection E of 19.8.9.902 NMAC; and
(6) the collection of site-specific resources
				information, the production of protection and enhancement plans for fish and
				wildlife habitats required by 19.8.8.809 NMAC and 19.8.9.905 NMAC, and
				information and plans for any other environmental values required by the
				regulatory authority under SMCRA and the act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3204 - QUALIFIED LABORATORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Basic
				qualifications. To be designated a qualified laboratory, a firm shall
				demonstrate that it:
(1) is staffed with
				experienced, professional or technical personnel in the fields applicable to
				the work to be performed;
(2) has
				adequate space for material preparation and cleaning and sterilizing equipment
				and has stationary equipment, storage, and space to accommodate workloads
				during peak periods;
(3) meets
				applicable federal or state safety and health requirements;
(4) has analytical, monitoring and measuring
				equipment capable of meeting applicable standards; and
(5) has the capability of collecting
				necessary field samples and making hydrologic field measurements and analytical
				laboratory determinations by acceptable requirements of 19.8.8.802 NMAC,
				19.8.8.804 NMAC and Subsection C of 19.8.9.907 NMAC and any other applicable
				provisions of this part; other appropriate methods or guidelines for data
				acquisition may be approved by the director;
(6) has the capability of performing services
				for either the determination or statement referenced in Subsection B of
				19.8.32.3204 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3205 - ALLOCATION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall establish a formula for allocating funds
				  to provide services for eligible small operators if available funds are less
				  than those required to provide services pursuant to this
				  part.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM › Section 19.8.32.3206 - APPLICANT LIABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				applicant shall reimburse the director for the cost of the services rendered
				pursuant to this part if:
(1) the applicant
				submits false information, fails to submit a permit application within 1 year
				from the date of receipt of the approved laboratory report, or fails to mine
				after obtaining a permit;
(2) the
				director finds that the applicant's actual and attributed annual production of
				coal for all locations exceeds 300,000 tons during any consecutive 12-month
				period either during the term of the permit for which assistance is provided or
				during the first 5 years after issuance of the permit whichever is shorter,
				or
(3) the permit is sold,
				transferred, or assigned to another person and the transferee's total actual
				and attributed production exceeds the 300,000 tons annual production limit
				during any consecutive 12-month period of the remaining term of the permit.
				Under this paragraph the applicant and its successor are jointly and severally
				obligated to reimburse the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.2 - 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 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.3 - 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 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.5 - 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 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.6 - 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 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
means a person directly responsible for the use of explosives
				  in surface coal mining operations who is certified under this part. Persons
				  working under the direct supervision of a certified blaster need not be
				  certified.
[Other 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 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.3301 - RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall require blasters who are directly
				  responsible for use of explosives in a surface coal mining operation to be
				  certified within 12 months after approval of this section as part of the state
				  program. Persons responsible solely for receiving, handling, transportation,
				  drilling, or loading explosives need not be certified; individuals responsible
				  for the conduct of blasting operations must be certified.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.3302 - ESTABLISHMENT OF BLASTER TRAINING PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Persons seeking to become certified as
				blasters shall receive training including, but not limited to the technical
				aspects of blasting operations and state and federal laws governing the
				storage, transportation and use of explosives; and
B. persons who are not certified and who are
				assigned to a blasting crew or assist in the use of explosives shall receive
				direction and on-the-job training from a blaster.
C. The director shall identify courses
				available to train persons responsible for the use of explosives in surface
				coal mining operations. The courses shall provide training and discuss
				practical applications of:
(1) explosives,
				including:
(a) selection of the type of
				explosive to be used;
(b)
				determination of the properties of explosives which will produce desired
				results at an acceptable level of risk; and
(c) handling, transportation, and
				storage;
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.3303 - QUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director
				shall ensure that candidates for blaster certification are examined by
				reviewing and verifying the:
(1) competence
				of persons directly responsible for the use of explosives in surface coal
				mining operations through a written examination in technical aspects of
				blasting and state and federal laws governing the storage, use, and
				transportation of explosive; and
(2) practical field experience of the
				candidates as necessary to qualify a person to accept the responsibility for
				blasting operations in surface coal mining operations; such experience shall
				demonstrate that the candidate possesses a minimum of one year of practical
				field experience and knowledge of blasting techniques, understands the hazards
				involved in the use of explosives, and otherwise has exhibited a pattern of
				conduct consistent with the acceptance of responsibility for blasting
				operations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 33 - TRAINING AND CERTIFICATION OF BLASTERS › Section 19.8.33.3304 - CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Issuance of
				certification. The director shall certify for a period of four years, those
				candidates examined and found to be competent and to have the necessary
				experience to accept responsibility for blasting operations in surface coal
				mining operations.
B. Suspension
				and revocation.
(1) The director, when
				practicable, following written notice and opportunity for a hearing, may, and
				upon a finding of willful conduct, shall suspend or revoke the certification of
				a blaster during the term of the certification or take other necessary action
				for any of the following reasons:
(a)
				non-compliance with any order of the regulatory authority;
(b) unlawful use in the work place of, or
				current addiction to, alcohol, narcotics, or other dangerous drugs;
(c) violation of any provision of the state
				or federal explosives laws or regulations; or
(d) providing false information or a
				misrepresentation to obtain certification;
(e) non-compliance with the provisions of the
				New Mexico Parental Responsibility Act, Sections
				40-5A-1
				et. seq. NMSA 1978. An applicant for a new certification or recertification
				shall provide their social security number to the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.2 - 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 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3 - 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 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.5 - 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 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.6 - 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 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.7 - 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 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3400 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This part implements the exemption contained in Paragraph (1)
				  of Subsection P of Section
				  69-25A-3
				  NMSA 1978 concerning the extraction of coal incidental to the extraction of
				  other minerals where coal does not exceed 16 2/3 percent of the total tonnage
				  of coal and other minerals removed for purposes of commercial use or
				  sale.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3401 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part, the following terms have the meaning
				  specified, except where otherwise indicated:
A. Cumulative measurement period means the
				period of time over which both cumulative production and cumulative revenue are
				measured.
(1) For purposes of determining the
				beginning of the cumulative measurement period, subject to approval by the
				director, the operator must select and consistently use one of the following:
(a) for mining areas where coal or other
				minerals were extracted prior to August 3, 1977, the date extraction of coal or
				other minerals commenced at that mining area or August 3, 1977, or
(b) for mining areas where extraction of coal
				or other minerals commenced on or after August 3, 1977, the date extraction of
				coal or other minerals commenced at that mining area, whichever is
				earlier.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3402 - APPLICATION REQUIREMENTS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. New operations.
(1) Any person who plans to commence or
				continue coal extraction after October 1, 1995, in reliance on the incidental
				mining exemption shall file a complete application for exemption with the
				director for each mining area.
(2)
				No person may commence coal extraction based upon the exemption until the
				director approves such application, except as provided in Paragraph (3) of
				Subsection E of 19.8.34.3402 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3404 - PUBLIC AVAILABILITY OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except as provided in Subsection B of
				19.8.34.3404 NMAC, all information submitted to the director under this part
				shall be made immediately available for public inspection and copying at the
				local offices of the director until at least three years after expiration of
				the period during which the subject mining area is active.
B. The director may keep information
				submitted under this part confidential if the person submitting it requests in
				writing, at the time of submission, that it be kept confidential and the
				information concerns trade secrets or is privileged commercial or financial
				information of the persons intending to conduct operations under this
				part.
C. Information requested to
				be held as confidential under Subsection B of 19.8.34.3404 NMAC shall not be
				made publicly available until after notice and opportunity to be heard is
				afforded persons both seeking and opposing disclosure of the
				information.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3405 - REQUIREMENTS FOR EXEMPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Activities are exempt from the requirements of
				69-25A-1
				through 35 NMSA 1978 if all of the following are satisfied:
(1) the cumulative production of coal
				extracted from the mining area determined annually as described in this
				subsection does not exceed 16 2/3 percent of the total cumulative production of
				coal and other minerals removed during such period for purposes of bona fide
				sale or reasonable commercial use;
(2) coal is produced from a geological
				stratum lying above or immediately below the deepest stratum from which other
				minerals are extracted for the purposes of bona fide sale or reasonable
				commercial use;
(3) the cumulative
				revenue derived from the coal extracted from the mining area determined
				annually shall not exceed 50 percent of the total cumulative revenue derived
				from the coal and other minerals removed for purposes of bona fide sale or
				reasonable commercial use; if the coal extracted or the minerals removed are
				used by the operator or transferred to a related entity for use instead of
				being sold in a bona fide sale, then the fair market value of the coal or other
				minerals shall be calculated at the time of use or transfer and shall be
				considered rather than revenue.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3406 - CONDITIONS OF EXEMPTION AND RIGHT OF INSPECTION AND ENTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A person conducting activities covered by this part
				  shall:
A. maintain, on-site or at
				other locations available to the authorized representative of the director and
				the secretary of the interior, information necessary to verify the exemption
				including, but not limited to, commercial use and sales information, extraction
				tonnages, and a copy of the exemption application and exemption approved by the
				director;
B. notify the director
				upon the completion of the mining operation or permanent cessation of all coal
				extraction activities; and
C.
				conduct operations in accordance with the approved application or when
				authorized to extract coal under Subsection B of 19.8.34.3402 NMAC or Paragraph
				(3) of Subsection E of 19.8.34.3402 NMAC prior to submittal or approval of an
				exemption application, in accordance with the standards of this part.
D. Authorized representatives of the director
				and the secretary of the interior shall have the right to conduct inspections
				of operations claiming exemption under this part.
E. Each authorized representative of the
				director and the secretary of the interior conducting an inspection under this
				part:
(1) shall have a right of entry to,
				upon, and through any mining and reclamation operations without advance notice
				or a search warrant, upon presentation of appropriate credentials;
(2) may, at reasonable times and without
				delay, have access to and copy any records relevant to the exemption;
				and
(3) shall have a right to
				gather physical and photographic evidence to document conditions, practices or
				violations at a site.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3407 - STOCKPILING OF MINERALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Coal.
				Coal extracted and stockpiled may be excluded from the calculation of
				cumulative production until the time of its sale, transfer to a related entity
				or use:
(1) up to an amount equaling a
				12-month supply of the coal required for future sale, transfer or use as
				calculated based upon the average annual sales, transfer and use from the
				mining area over the two preceding years; or
(2) for a mining area where coal has been
				extracted for a period of less than two years, up to an amount that would
				represent a 12-month supply of the coal required for future sales, transfer or
				use as calculated based on the average amount of coal sold, transferred or used
				each month.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3408 - REVOCATION AND ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Responsibility of the director. The director shall conduct an annual compliance
				review of the mining area utilizing the annual report submitted pursuant to
				19.8.34.3409 NMAC, an on-site inspection and any other information available to
				the director.
B. If the director
				has reason(s) to believe that a specific mining area was not exempt under the
				provisions of this part at the end of the previous reporting period, is not
				exempt, or will be unable to satisfy the exemption criteria at the end of the
				current reporting period, the director shall notify the operator that the
				exemption may be revoked and the reason(s) therefor. The exemption will be
				revoked unless the operator demonstrates to the director within 30 days that
				the mining area in question should continue to be exempt.
C. Director's finding and administrative
				review.
(1) If the director finds that an
				operator has not demonstrated that activities conducted in the mining area
				qualify for the exemption, the director shall revoke the exemption and
				immediately notify the operator and intervenors. If a decision is made not to
				revoke an exemption, the director shall immediately notify the operator and
				intervenors.
(2) Any adversely
				affected person may request administrative review of a decision whether to
				revoke an exemption within 30 days of the notification of such decision in
				accordance with procedures established under 19.8.12.1200 NMAC.
(3) A petition for administrative review
				filed under 19.8.12.1200 NMAC shall not suspend the effect of a decision
				whether to revoke an exemption.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 34 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 19.8.34.3409 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual
				report.
(1) Following approval by the
				director of an exemption for a mining area, the person receiving the exemption
				shall, for each mining area, file a written report annually with the director
				containing the information specified in Subsection B of 19.8.34.3409
				NMAC.
(2) The report shall be filed
				no later than 30 days after the end of the 12-month period as determined in
				accordance with the definition of "cumulative measurement period" in
				19.8.34.3401 NMAC.
(3) The
				information in the report shall cover:
(a)
				annual production of coal and other minerals and annual revenue derived from
				coal and other minerals during the preceding 12-month period; and
(b) the cumulative production of coal and
				other minerals and the cumulative revenue derived from coal and other
				minerals.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.2 - 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 35 - VALID EXISTING RIGHTS › Section 19.8.35.3 - 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 35 - VALID EXISTING RIGHTS › Section 19.8.35.6 - 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 35 - VALID EXISTING RIGHTS › Section 19.8.35.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. VALID EXISTING
				RIGHTS (VER) means a set of circumstances under which a person may, subject to
				regulatory authority approval, conduct surface coal mining operations on lands
				where 19.8.2.201 NMAC would otherwise prohibit such operations. Possession of
				valid existing rights only confers an exception from the prohibitions of
				19.8.2.201 NMAC. A person seeking to exercise valid existing rights must comply
				with all other pertinent requirements of the act, 19.8 NMAC and SMCRA.
(1) Property rights demonstration. Except as
				provided in Subsection D of 19.8.35.7 NMAC, a person claiming valid existing
				rights must demonstrate that a legally binding conveyance, lease, deed,
				contract, or other document vests that person, or a predecessor in interest,
				with the right to conduct the type of surface coal mining operations intended.
				This right must exist at the time that the land came under the protection of
				19.8.2.201 NMAC. Other applicable state statutory or case law will govern
				interpretation of documents relied upon to establish property rights, unless
				federal law provides otherwise.
(2)
				Except as provided in Subsection D of 19.8.35.7 NMAC, a person claiming valid
				existing rights also must demonstrate compliance with one of the following
				standards:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.8 - SUBMISSION AND PROCESSING OF REQUESTS FOR VER DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director
				will be responsible for making a determination on valid and existing rights for
				lands protected under 19.8.2.201 NMAC, with the exception of federal lands in
				protected features listed in Subsection F of 19.8.2.201 NMAC. A determination
				on valid existing rights not subject to the review of the director would be the
				responsibility of OSM.
B. A request
				for a valid and existing right must be submitted to the director, consistent
				with the provisions of Subsection A of 19.8.35.8 NMAC, if the request concerns
				the operation of a surface coal mine on the basis of valid existing rights
				under 19.8.2.201 NMAC or wish to confirm the right to do so. This request may
				be submitted before preparing and submitting an application for a permit or
				boundary revision for the land.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.9 - REQUIREMENTS FOR A VER PROPERTY RIGHTS DEMONSTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A demonstration of property rights under
				the definition of valid existing rights in Paragraph (1) of Subsection A of
				19.8.35.7 NMAC must be provided to the director if the request relies upon the
				good faith/all permits standard or the needed for and adjacent standard
				identified in Paragraph (2) of Subsection A of 19.8.35.7 NMAC. This
				demonstration must include the following:
(1)
				a legal description of the land to which the request pertains;
(2) complete documentation of the character
				and extent of the current interests in the surface and mineral estates of the
				land to which the request pertains;
(3) a complete chain of title for the surface
				and mineral estates of the land to which the request pertains;
(4) a description of the nature and effect of
				each title instrument that forms the basis for the request, including any
				provision pertaining to the type or method of mining or mining-related surface
				disturbances and facilities;
(5) a
				description of the type and extent of surface coal mining operations that the
				requester claim the right to conduct, including the method of mining, any
				mining-related surface activities and facilities, and an explanation of how
				those operations would be consistent with New Mexico property law;
(6) complete documentation of the nature and
				ownership, as of the date that the land came under the protection of 19.8.2.201
				NMAC, of all property rights for the surface and mineral estates of the land to
				which the request pertains;
(7)
				names and addresses of the current owners of the surface and mineral estates of
				the land to which the request pertains;
(8) if the coal interests have been severed
				from other property interests, it must be documented that the owners of other
				property interests in the land to which the request pertains have been notified
				and provided reasonable opportunity to comment on the validity of the property
				rights claims;
(9) any comments
				received in response to the notification provided under Paragraph (8) of
				Subsection A of 19.8.35.9 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.10 - INITIAL REVIEW OF A VER REQUEST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director must conduct an initial
				review to determine whether a VER request includes all applicable components of
				the submission requirements of 19.8.35.9 NMAC. This review pertains only to the
				completeness of the request, not the legal or technical adequacy of the
				materials submitted.
B. If a
				request does not include all applicable components of the submission
				requirements of 19.8.35.9 NMAC, the director must notify the applicant and
				establish a reasonable time for submission of the missing
				information.
C. When a request
				includes all applicable components of the submission requirements of 19.8.35.9
				NMAC, the director must implement the notice and comment requirements of
				19.8.35.11 NMAC.
D. If the person
				making the VER does not provide information that the director requests under
				Subsection B of 19.8.35.10 NMAC within the time specified or as subsequently
				extended, the director must issue a determination that the requester has not
				demonstrated valid existing rights, as provided in Subsection D of 19.8.35.12
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.12 - HOW A DECISION ON A VER REQUEST WILL BE MADE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director must review the materials
				submitted under 19.8.35.8 NMAC, comments received under 19.8.35.11 NMAC, and
				any other relevant, reasonably available information to determine whether the
				record is sufficiently complete and adequate to support a decision on the
				merits of the request. If not, the director must notify the requester in
				writing, explaining the inadequacy of the record and requesting submittal,
				within a specified reasonable time, of any additional information that the
				director deems necessary to remedy the inadequacy.
B. Once the record is complete and adequate,
				the director must determine whether the requester has demonstrated valid
				existing rights. The decision document must explain how the requester has
				satisfied or has not satisfied all applicable elements of the definition of
				valid existing rights in 19.8.35.7 NMAC. It must contain findings of fact and
				conclusions, and it must specify the reasons for the conclusions.
C. Impact of property rights disagreements.
				This subsection applies only when a request relies upon one or more of the
				standards in Paragraph (2) of Subsection A of 19.8.35.7 NMAC, or Paragraphs (1)
				and (2) of Subsection D of 19.8.35.7 NMAC.
(1) The director must issue a determination
				that the requester has not demonstrated valid existing rights if the
				requester's property rights claims are the subject of pending litigation in a
				court or administrative body with jurisdiction over the property rights in
				question. The director will make this determination without prejudice, meaning
				that the requester may resubmit the request once the property rights dispute is
				finally adjudicated. This paragraph applies only to situations in which legal
				action has been initiated as of the closing date of the comment period under
				Subsection A of 19.8.35.11 NMAC or Subsection B of 19.8.35.11 NMAC.
(2) If the record indicates disagreement as
				to the accuracy of the requester's property rights claims, but this
				disagreement is not the subject of pending litigation in a court or
				administrative agency of competent jurisdiction, the agency must evaluate the
				merits of the information in the record and determine whether the requester has
				demonstrated that the requisite property rights exist under Paragraph (1) of
				Subsection A of 19.8.35.7 NMAC, or Paragraphs (1) or (2) of Subsection D of
				19.8.35.7 NMAC of the definition of valid existing rights as appropriate. The
				director must then proceed with the decision process under 19.8.35.12
				NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.13 - ADMINISTRATIVE AND JUDICIAL REVIEW OF A VER DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A determination that the requester has or does not have valid
				  existing rights is subject to administrative and judicial review under
				  19.8.12.1200
				  NMAC and
				  19.8.12.1202
				  NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 35 - VALID EXISTING RIGHTS › Section 19.8.35.14 - AVAILABILITY OF RECORDS FOR VER REQUESTS AND DETERMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The director must make a copy of the VER request available to
				  the public under Subsection E of
				  19.8.11.1100
				  NMAC. In addition, the director must make records associated with the VER
				  request, and any subsequent determination under
				  19.8.35.12
				  NMAC, available to the public in accordance with the requirements and
				  procedures of New Mexico Inspection of Public Records Act NMSA 1978 14-2 et
				  seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
[Filed February 12, 1985]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.8 - PERMIT APPLICATION - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A permit application accompanied by a written mining plan and
				  signed by the operator shall be filed with the director of the mining and
				  minerals division of the energy and minerals department (hereinafter director)
				  along with the application and initial acreage fees required by Section 69-25-8
				  NMSA 1978, or such other application fee which may be subsequently established
				  by regulation of the commission pursuant to Section 10 (A), Laws of 1979,
				  Chapter 291.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.9 - MINING PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The mining plan prepared by the operator for approval by the
				  Director shall set forth the following information:
A. a statement of the operator's name and
				address and the name and address of the person designated by the operator to
				receive service;
B. a description
				of the affected area;
C. the owner
				of the affected area;
D. the owner
				of the coal to be mined;
E. an
				estimate of the acreage to be affected during the operator's first year of the
				operation; for operators conducting mining operations on February 29, 1972,
				acreage shall be computed from that date;
F. a topographical map or maps of the area to
				be affected prepared on a scale suitable to facilitate interpretation showing
				the following:
(1) an outline and total
				acreage of the permit area and of the area anticipated to be affected by the
				mining operations;
(2) the location
				of any areas within the permit area which were affected prior to February 29,
				1972, provided, however, that mining plans submitted for underground permits
				shall show the location of any areas within the permit area which were affected
				prior to May 4, 1978;
(3) drainage
				on and away from the affected area, showing direction and an estimate of the
				quantity of flow of water in drainways and natural surface water courses and
				streams (intermittent or flowing) discharging onto and receiving discharge from
				the affected area in its original character and as it is anticipated to be
				during mining and following reclamation;
(4) surface topography at an appropriate
				contour interval;
(5) location of
				land to become affected area during the first calendar year next succeeding
				February 29, 1972, in the case of operators conducting mining operations on
				that date or the location of land to become affected area during the year
				immediately succeeding the issuance of a permit in the case of operators
				requiring a permit before commencing operations;
(6) date the map was prepared or
				updated;
(7) north point;
				and
(8) name of United States
				geological survey quandrangle, if any, covering the same area.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.11 - MINING PLAN AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
For good cause shown, mining plans may be amended with the
				  approval of the director. Upon request of the operator and upon 15 days notice
				  to the operator, the director shall set a hearing on any proposal to amend a
				  mining plan. The hearing shall be conducted in accordance with the procedures
				  set out in Section 8 [now
				  19.8.36.15
				  NMAC].
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.12 - OTHER APPROVALS

Current through Register Vol. 35, No. 13, July 16, 2024
Applications by operators to the director for approval shall
				  be deemed to be application for extension of time to permit compliance with the
				  requirement of obtaining such approval and the pendency of such application
				  shall entitle the operator so applying to continue operations in accordance
				  with these regulations in the absence of such approval while such application
				  is pending and until such application is acted upon.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.13 - ANNUAL REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within
				60 days after the end of the operator's mining year, the operator shall submit
				to the director two copies of a report, setting out in detail all measures
				taken to effect reclamation of the affected area. The report will be
				typewritten and signed by the operator. The report shall include the following
				information:
(1) a statement of the
				operator's name, address and permit number;
(2) the number of acres of affected area
				resulting from operations during the preceding mining year;
(3) the number of acres for which grading was
				commenced during the preceding mining year and the location thereof;
(4) the number of acres for which grading was
				completed during the preceding mining year and the location thereof;
(5) the number of acres for which
				revegetation was commenced during the preceding mining year and the location
				thereof;
(6) an enumeration of the
				various types of vegetation planted and the location thereof;
(7) the number of acres for which
				revegetation had been completed during the preceding mining year and the
				location thereof;
(8) an appraisal
				of the success of any revegetation efferts;
(9) in the event of any failure of
				revegetation efforts, an explanation, if possible, of that failure;
(10) an analysis of the soil in the areas to
				be revegetated;
(11) a statement of
				the type and quantity of any organic material or soil conditioners introduced
				into the affected area prior to or during planting;
(12) a statement of the extent of any efforts
				made to replace topsoil;
(13) a
				statement of any reuse of the land which has taken place after the land has
				been reclaimed; and
(14) any other
				information about the operator's reclamation efforts which he feels would be of
				assistance to the director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.14 - ANNUAL FEE

Current through Register Vol. 35, No. 13, July 16, 2024
Each operator shall pay an annual fee of $20.00 per acre of
				  affected area resulting from his mining operations during the preceding mining
				  year. The annual fee shall accompany the annual report.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.15 - PROCEEDINGS BEFORE THE DIRECTOR

Current through Register Vol. 35, No. 13, July 16, 2024
In the hearings provided for in Subsection 3 J and Section 4
				  of this Rule 79-1 [now Subsection J of
				  19.8.36.10
				  NMAC and
				  19.8.36.11
				  NMAC] and in Laws, 1979, Chapter 291, as being adjudicatory in nature:
A. the director may designate a hearing
				officer to take evidence at the hearing; the hearing officer so designated will
				preside and will have authority to direct the hearing, to administer oaths and
				to make such rulings on evidence and procedures as may be necessary.
B. the director shall maintain a verbatim
				record of the hearing and the record in the proceeding shall include:
(1) all notices, pleadings, motions and
				intermediate rulings;
(2) evidence
				received or considered;
(3) a
				statement of matters officially noticed;
(4) questions and offers of proof,
				objections, and rulings thereon;
(5) proposed findings and conclusions;
				and
(6) the director's
				decision.
(7) the costs of a
				transcript, if required by the director, shall be paid by the
				applicant.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.16 - REVIEW OF DIRECTOR'S DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person who is or may be aggrieved by
				the decision of the director may appeal the director's decision by filing a
				notice of appeal with the chairman of the commission within 30 days of the date
				of the director's decision. The notice of appeal shall include a short concise
				statement of the decision appealed from and the reason for appeal.
B. Upon receipt of the notice of appeal, the
				chairman of the commission shall call a meeting of the commission within 30
				days of the date the notice of appeal is filed to conduct a hearing on the
				appeal. The appealing party shall be given notice by the commission of the time
				and place of the hearing at least 20 days in advance of the
				convening.
C. The hearing shall be
				held by the commission at the time and place specified in the notice to the
				appealing party. At the hearing, the matter involved in the director's decision
				from which the appeal has been taken will be heard in accordance with the
				procedures set forth in Section 8 [now 19.8.36.15 NMAC], except as inconsistent
				with Section 29 of the Surface Mining Act.
D. The commission's decision may affirm, set
				aside, amend reverse, or remand the director's decision for further proceedings
				or may compel action unlawfully withheld or unreasonably delayed.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.17 - SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Any notice, decision or other document required to be served
				  by these regulations may be served either personally or by certified or
				  registered mail, return receipt requested, directed to the operator or other
				  person required to be served at his last known address as shown by the
				  director's records. Where service is by certified or registered mail, the
				  document will be considered served on the date borne by the return receipt
				  showing delivery to the addressee or refusal of the addressee to accept the
				  document.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.18 - SPECIAL DEFINITION OF MINING YEAR

Current through Register Vol. 35, No. 13, July 16, 2024
An operator's "mining year" shall be the calendar
				  year.