Current through Register Vol. 35, No. 6, March 26, 2024
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.
