New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 1 - GENERAL PROVISIONS
Section 19.8.1.111 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO GOVERNMENT-FINANCED HIGHWAY OR OTHER CONSTRUCTION
Universal Citation: 19 NM Admin Code 19.8.1.111
Current through Register Vol. 35, No. 18, September 24, 2024
A. Coal extraction which is an incidental part of government-financed construction is exempt from the act and 19.8 NMAC Parts 1-35.
B. Any person who conducts or intends to conduct coal extraction which does not satisfy Subsection A of 19.8.1.111 NMAC shall not proceed until a permit has been obtained from the director.
C. Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show:
(1) a description of the construction
project;
(2) the exact location of
the construction, right-of-way or the boundaries of the area which will be
directly affected by the construction; and
(3) the government agency which is providing
the financing and the kind and amounts of public financing, including the
percentage of the entire construction costs represented by the government
financing.
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