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

Universal Citation: 19 NM Admin Code 19.8.34.3401

Current through Register Vol. 35, No. 24, December 23, 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.

(2) For annual reporting purposes pursuant to 19.8.34.3409 NMAC, the end of the period for which cumulative production and revenue is calculated is either:
(a) for mining areas where coal or other minerals were extracted prior to October 1, 1995, and every October 1 thereafter; or

(b) for mining areas where extraction of coal or other minerals commenced on or after October 1, 1995, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.

B. Cumulative production means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by 19.8.34.3407 NMAC.

C. Cumulative revenue means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

D. Mining area means an individual excavation site or pit from which coal, other minerals and overburden are removed.

E. Other minerals means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.

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