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 19.8.34.3406 - CONDITIONS OF EXEMPTION AND RIGHT OF INSPECTION AND ENTRY

Universal Citation: 19 NM Admin Code 19.8.34.3406

Current through Register Vol. 35, No. 18, September 24, 2024

A person conducting activities covered by this part shall:

A. maintain, on-site or at other locations available to the authorized representative of the director and the secretary of the interior, information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the director;

B. notify the director upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

C. conduct operations in accordance with the approved application or when authorized to extract coal under Subsection B of 19.8.34.3402 NMAC or Paragraph (3) of Subsection E of 19.8.34.3402 NMAC prior to submittal or approval of an exemption application, in accordance with the standards of this part.

D. Authorized representatives of the director and the secretary of the interior shall have the right to conduct inspections of operations claiming exemption under this part.

E. Each authorized representative of the director and the secretary of the interior conducting an inspection under this part:

(1) shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(2) may, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(3) shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

F. No search warrant shall be required with respect to any activity under Subsections D and E of 19.8.34.3406 NMAC, except that a search warrant may be required for entry into a building.

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