New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1]
Section 19.8.36.37 - UNDERGROUND MINING GENERAL PERFORMANCE STANDARDS: GENERAL OBLIGATIONS (717.11)

(1) For the purposes of this Part, underground coal mining and associated reclamation operations mean a combination of surface operations and underground operations. Surface operations include construction, use, and reclamation of new and existing access and haul roads, aboveground repair areas, storage areas, processing areas, shipping areas and areas upon which are sited support facilities including hoist and ventilating ducts, and on which material incident to underground mining operations are placed. Underground operations include underground construction, operation, and reclamation of shafts, adits, underground support facilities, underground mining, hauling, storage and blasting.

(2) For the purpose of this Part the term permittee means the person permitted to conduct underground mining operations by a state or if no permit is issued in the state, the person operating a mine.

(3) For the purpose of this Part, disturbed areas means surface work areas and lands affected by surface operations including, but not limited to, roads, mine entry excavations, above ground (surface) work areas, such as tipples, coal processing facilities and other operating facilities, waste work and spoil disposal areas, and mine waste impoundments or embankments. "Disturbed area" is synonymous with the word's "affected area" used in Sections 1 through 37 [now 19.8.36.8 NMAC through 19.8.36.43 NMAC].

(4) Where state environmental protection standards are adopted for a specific state because they are more stringent than the standards of this part, they will be published in Part 718 of this chapter.