Current through Register Vol. 36, No. 6, March 25, 2025
A. A demonstration of property rights under
the definition of valid existing rights in Paragraph (1) of Subsection A of
19.8.35.7 NMAC must be provided to
the director if the request relies upon the good faith/all permits standard or
the needed for and adjacent standard identified in Paragraph (2) of Subsection
A of 19.8.35.7 NMAC. This demonstration
must include the following:
(1) a legal
description of the land to which the request pertains;
(2) complete documentation of the character
and extent of the current interests in the surface and mineral estates of the
land to which the request pertains;
(3) a complete chain of title for the surface
and mineral estates of the land to which the request pertains;
(4) a description of the nature and effect of
each title instrument that forms the basis for the request, including any
provision pertaining to the type or method of mining or mining-related surface
disturbances and facilities;
(5) a
description of the type and extent of surface coal mining operations that the
requester claim the right to conduct, including the method of mining, any
mining-related surface activities and facilities, and an explanation of how
those operations would be consistent with New Mexico property law;
(6) complete documentation of the nature and
ownership, as of the date that the land came under the protection of
19.8.2.201 NMAC, of all property
rights for the surface and mineral estates of the land to which the request
pertains;
(7) names and addresses
of the current owners of the surface and mineral estates of the land to which
the request pertains;
(8) if the
coal interests have been severed from other property interests, it must be
documented that the owners of other property interests in the land to which the
request pertains have been notified and provided reasonable opportunity to
comment on the validity of the property rights claims;
(9) any comments received in response to the
notification provided under Paragraph (8) of Subsection A of
19.8.35.9 NMAC.
B. Requirements for good faith/all
permits standard. If a request relies upon the good faith/all permits standard
in Subsection B of
19.8.35.7 NMAC, a submittal must
include information required by Subsection A of
19.8.35.8 NMAC. The following
information about permits, licenses, and authorizations for surface coal mining
operations on the land to which the request pertains must also be submitted:
(1) approval and issuance dates and
identification numbers for any permits, licenses, and authorizations that the
requester for VER or a predecessor in interest obtained before the land came
under the protection of
19.8.2.201 NMAC;
(2) application dates and identification
numbers for any permits, licenses, and authorizations for which the requester
or a predecessor in interest submitted a request before the land came under the
protection of
19.8.2.201 NMAC;
(3) an explanation of any other good faith
effort that the person making the VER or a predecessor in interest made to
obtain the necessary permits, licenses, and authorizations as of the date that
the land came under the protection of
19.8.2.201 NMAC.
C. Requirements for needed for and
adjacent standard. If a request relies upon the needed for and adjacent
standard in Subsection C of
19.8.35.7 NMAC, the information
required under Subsection A of
19.8.35.9 NMAC must be submitted.
In addition, the requester must explain how and why the land is needed for and
immediately adjacent to the operation upon which the request is based,
including a demonstration that prohibiting expansion of the operation onto that
land would unfairly impact the viability of the operation as originally planned
before the land came under the protection of
19.8.2.201 NMAC.
D. Requirements for standards for mine roads.
If a request relies upon one of the standards for roads in Paragraphs (1)
through (3) of Subsection D of
19.8.35.7 NMAC, the requester must
submit satisfactory documentation that:
(1)
the road existed when the land upon which it is located came under the
protection of
19.8.2.201 NMAC, and the person
making the VER request has a legal right to use the road for surface coal
mining operations;
(2) a properly
recorded right of way or easement for a road in that location existed when the
land came under the protection of
19.8.2.201 NMAC, and, under the
document creating the right of way or easement, and under any subsequent
conveyances, the person making the VER request has a legal right to use or
construct a road across that right of way or easement to conduct surface coal
mining operations; or
(3) a valid
permit for use or construction of a road in that location for surface coal
mining operations existed when the land came under the protection of
19.8.2.201 NMAC.
