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 19.8.34.3403 - CONTENTS OF APPLICATIONS FOR EXEMPTION

Current through Register Vol. 35, No. 13, July 16, 2024
An application for exemption shall include at a
				  minimum:
A. the name and address of
				the applicant;
B. a list of the
				minerals sought to be extracted;
C.
				estimates of annual production of coal and the other minerals within each
				mining area over the anticipated life of the mining operation;
D. estimated annual revenues to be derived
				from bona fide sales of coal and other minerals to be extracted within the
				mining area;
E. where coal or the
				other minerals are to be used rather than sold, estimated annual fair market
				values at the time of projected use of the coal and other minerals to be
				extracted from the mining area;
F.
				the basis for all annual production, revenue, and fair market value
				estimates;
G. a description,
				including county, township if any, and boundaries of the land, of sufficient
				certainty that the mining areas may be located and distinguished from other
				mining areas;
H. an estimate to the
				nearest acre of the number of acres that will compose the mining area over the
				anticipated life of the mining operation;
I. evidence of publication in a newspaper of
				general circulation in the county of the mining area, of a public notice that
				an application for exemption has been filed with the director (the public
				notice must identify the persons claiming the exemption and must contain a
				description of the proposed operation and its locality that is sufficient for
				interested persons to identify the operation);
J. representative stratigraphic
				cross-section(s) based on test borings or other information identifying and
				showing the relative position, approximate thickness and density of the coal
				and each other mineral to be extracted for commercial use or sale and the
				relative position and thickness of any material, not classified as other
				minerals, that will also be extracted during the conduct of mining
				activities;
K. a map of appropriate
				scale which clearly identifies the mining area;
L. a general description of mining and
				mineral processing activities for the mining area;
M. a summary of sales commitments and
				agreements for future delivery, if any, which the applicant has received for
				other minerals to be extracted from the mining area, or a description of
				potential markets for such minerals;
N. if the other minerals are to be
				commercially used by the applicant, a description specifying the use;
O. for operations having extracted coal or
				other minerals prior to filing an application for exemption, in addition to the
				information required above, the following information must also be submitted:
(1) any relevant documents the operator has
				received from the director documenting its exemption from the requirements of
				69-25A-1
				through 35 NMSA 1978;
(2) the
				cumulative production of the coal and other minerals from the mining area;
				and
(3) estimated tonnages of
				stockpiled coal and other minerals; and