New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 14 - GENERAL REQUIREMENTS FOR BONDING OF SURFACE COAL MINING AND RECLAMATION OPERATIONS
Section 19.8.14.1407 - BONDING REQUIREMENTS FOR UNDERGROUND COAL MINES AND LONG-TERM COAL-RELATED SURFACE FACILITIES AND STRUCTURES
Universal Citation: 19 NM Admin Code 19.8.14.1407
Current through Register Vol. 35, No. 24, December 23, 2024
A. Responsibilities. The director shall require bond coverage, in an amount determined under 19.8.14.1404 NMAC, for long-term surface facilities and structures, and for areas disturbed by surface impacts incident to under-ground mines, for which a permit is required. Specific reclamation techniques required for underground mines and long-term facilities shall be considered in determining the amount of bond to complete the reclamation.
B. Long-term period of liability.
(1) The period of liability for
every bond covering long-term surface disturbances shall commence with the
issuance of a permit, except that to the extent that such disturbances will
occur on a succeeding increment to be bonded, such liability will commence upon
the posting of the bond for that increment before the initial surface
disturbance of that increment. The liability period shall extend until all
reclamation, restoration, and abatement work under the permit has been
completed and the bond is released under the provisions of
19.8.14.1412 NMAC, or until the
bond has been replaced or extended in accordance with Paragraph (3) of
Subsection B of
19.8.14.1407 NMAC.
(2) Long-term surface disturbances shall
include long-term coal-related surface facilities and structures, and surface
impacts incident to underground coal mining, which disturb an area for a period
that exceeds 5 years. Long-term surface disturbances include, but are not
limited to: surface features of shafts and slope facilities, coal refuse areas,
powerlines, bore-holes, ventilation shafts, preparation plants, machine shops,
roads, and loading and treatment facilities.
(3) To achieve continuous bond coverage for
long-term surface disturbances, the bond shall be conditioned upon extension,
replacement, or payment in full, 30 days prior to the expiration of the bond
term.
(4) Continuous bond coverage
shall apply throughout the period of extended responsibility for successful
revegetation and until the provisions of
19.8.14.1412 NMAC have been
met.
C. Bond forfeiture. The director shall take action to forfeit a bond pursuant to this section, if 30 days prior to bond expiration, the operator has not filed:
(1) a performance bond for a new term as
required for continuous coverage, or
(2) a performance bond providing coverage for
the period of liability, including the period of extended responsibility for
successful revegetation.
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