New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 4 - PROCESS FOR DESIGNATING LANDS UNSUITABLE FOR SURFACE COAL MINING OPERATIONS
Section 19.8.4.400 - PROCEDURES: PETITIONS

Universal Citation: 19 NM Admin Code 19.8.4.400

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

A. Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the director to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated.

B. Designation. The only information that a petitioner need provide is:

(1) the location and size of the area covered by the petition;

(2) allegations of facts and supporting evidence which would tend to establish that the area is unsuitable for all or certain types of surface coal mining operations;

(3) a description of how mining of the area has affected or may adversely affect people, land, air, water or other resources;

(4) the petitioner's name, address and telephone number; and

(5) identification of the petitioner's interest which is or may be adversely affected.

C. Termination. The only information that a petitioner need provide to terminate a designation is:

(1) the location and size of the area covered by the petition;

(2) allegation of facts, with supporting evidence, not contained in the record of the proceeding in which the area was designated unsuitable, which would tend to establish the statements or allegations, and which statements or allegations indicate that the designation should be terminated based on:
(a) the nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in Subsection B of 19.8.3.300 NMAC;

(b) reclamation now being technologically and economically feasible, if the designation was based on the criteria found in Subsection A of 19.8.3.300 NMAC;

(c) the resources or condition not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on the criteria found in Subsection B of 19.8.3.300 NMAC.

(3) the petitioner's name, address and telephone number; and

(4) identification of the petitioner's interest which is or may be adversely affected by the continuation of the designation.

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