New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 6 - GENERAL REQUIREMENTS FOR COAL EXPLORATION
Section 19.8.6.602 - GENERAL REQUIREMENTS: EXPLORATION OF MORE THAN 250 TONS
Universal Citation: 19 NM Admin Code 19.8.6.602
Current through Register Vol. 35, No. 24, December 23, 2024
Any person who intends to conduct coal exploration in which more than 250 tons of coal are removed in the area to be explored, shall, prior to conducting the exploration, obtain the written approval of the director, accordance with the following:
A. Contents of application for approval. Each application for approval shall contain, at a minimum, the following information:
(1) the name, address, and telephone number
of the applicant;
(2) the name,
address, and telephone number of the representative of the applicant who will
be present at and be responsible for conducting the exploration;
(3) an exploration and reclamation operations
plan, including:
(a) a narrative description
of the proposed exploration area, cross-referenced to the map required under
Paragraph (5) of Subsection A of
19.8.6.602 NMAC, including surface
topography, geological, surface water, and other physical features, vegetative
cover, the distribution and important habitats of fish, wildlife, and plants,
including, but not limited to, any endangered or threatened species listed
pursuant to the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531
et. seq.), and the Wildlife Conservation Act, Sections
17-3-17 et. seq. NMSA 1978, the
Habitat Protection Act, Sections
17-6-1 et seq. NMSA 1978, and the
laws relating to the protection of native New Mexico plants including Section
76-8-1 through
76-8-4 NMSA 1978; districts,
sites, buildings, structures or objects listed or eligible for listing on the
national register of historic places; and known archeological resources located
within the proposed exploration area;
(b) a narrative description of the methods to
be used to conduct coal exploration and reclamation, including, but not limited
to, the types and uses of equipment, drilling, blasting, road or other access
route construction, and excavated earth and other debris disposal
activities;
(c) an estimated
timetable for conducting and completing each phase of the exploration and
reclamation;
(d) the estimated
amounts of coal to be removed and a description of the methods to be used to
determine those amounts;
(e) a
description of the measures to be used to comply with the applicable
requirements of 19.8.19 NMAC.
(4) the name and address of the owner of
record of the surface land and of the subsurface mineral estate of the area to
be explored;
(5) a map at a scale
of 1:24,000 or larger, showing the areas of land to be substantially disturbed
by the proposed exploration and reclamation; the map shall specifically show
existing roads, occupied dwellings, and pipelines; proposed location of
trenches, roads, and other access routes and structures to be constructed; the
location of land excavations to be conducted; water or coal exploratory holes
and wells to be drilled or altered; earth or debris disposal areas; existing
bodies of surface water; documented historic, topographic, cultural and
drainage features; and habitats of any endangered or threatened species listed
pursuant to the Endangered Species Act of 1973 and the Wildlife Conservation
Act, Sections
17-3-17 et. seq. NMSA 1978, the
Habitat Protection Act, Sections
17-6-1 et. seq. NMSA 1978, and the
laws relating to the protection of native New Mexico plants including Sections
76-8-1 through
76-8-4 NMSA 1978; and
(6) a bond sufficient to assure that
completion of reclamation of the area disturbed by the exploration activity may
be required by the director; such bond, if required by the director, shall be
in a form approved by the director and shall not be subject to the requirements
of 19.8.14 NMAC;
(7) a statement
of why extraction of more than 250 tons of coal is necessary for exploration;
(8) such other information as the
director deems necessary to take action under
19.8.6.603 NMAC;
(9) for any lands listed in
19.8.2.201 NMAC, a demonstration
that, to the extent technologically and economically feasible, the proposed
exploration activities have been designed to minimize interference with the
values for which those lands were designated as unsuitable for surface coal
mining operations; the application must include documentation of consultation
with the owner of the feature causing the land to come under the protection of
19.8.2.201 NMAC, and, when
applicable, with the agency with primary jurisdiction over the feature with
respect to the values that caused the land to come under the protection of
19.8.2.201
NMAC.
B. Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows:
(1)
within such time as the director may designate, public notice of the filing of
the application with the director shall be published in a newspaper of general
circulation in the county of the proposed exploration area;
(2) the public notice shall state the name
and business address of the person seeking approval, the date of filing of the
application, the address of the director at which written comments on the
application may be submitted, the closing date of the comment period, and a
description of the general area of exploration;
(3) any person with an interest which is or
may be adversely affected shall have the right to file written comments within
the time limits prescribed in the notice.
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