Current through Register Vol. 35, No. 6, March 26, 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;
(2) the applicant has demonstrated
that, in place of restoration of the land to be affected to the approximate
original contour under 19.8.20.2054 through 2058 NMAC, the operation will be
conducted in compliance with the requirements of 19.8.25 NMAC;
(3) the requirements of 19.8.25 NMAC are made
a specific condition of the permit;
(4) all other requirements of the act and
19.8 NMAC are met by the proposed operations.
C. Permit reviews.
(1) Any permits incorporating a variance
issued under this section shall be reviewed by the director to evaluate the
progress and development of mining activities to establish that the operator is
proceeding in accordance with the terms of the variance:
(a) within the sixth month preceding the
third year from the date of its issuance;
(b) before each permit renewal; and
(c) not later than the middle of each permit
term.
(2) Any review
required under Paragraph (1) of Subsection C of 19.8.10.1001 NMAC need not be
held if the permittee has demonstrated and the director finds, in writing,
within three months before the scheduled review, that all operations under the
permit are proceeding and will continue to be conducted in accordance with the
terms of the permit and requirements of the act and 19.8 NMAC.
(3) The terms and conditions of a permit for
mountaintop removal mining may be modified at any time by the director, if he
determines that more stringent measures are necessary to insure that the
operation involved is conducted in compliance with the requirements of the act
and 19.8 NMAC.
