N.M. Code R. § 19.8.11.1112

Current through Register Vol. 35, No. 16, August 27, 2024

Section 19.8.11.1112 - CONDITIONS OF PERMITS: GENERAL AND RIGHT OF ENTRY

Each permit issued by the director shall ensure that:

A. except to the extent that the director otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application; and

B. the permittee shall allow the authorized representatives of the secretary of the U.S. department of interior, including, but not limited to, inspectors and fee compliance officers and the director to have the rights of entry provided for in 19.8.29.2900 NMAC; and be accompanied by private persons for the purpose of conducting an inspection in accordance with 19.8.29 NMAC, when the inspection is in response to an alleged violation reported to the director by the private person;

C. the permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the maps submitted under 19.8.8 and 19.8.9 NMAC and approved for the term of the permit and which are subject to the performance bond or other equivalent guarantee in effect pursuant to 19.8.14 NMAC;

D. at least 10 days prior to initial surface disturbance, the permittee shall notify the director, in writing, of his intentions to begin operations;

E. the operator shall pay all reclamation fees required for abandoned mine land reclamation under Section 402 of Public Law 95-87 for coal produced under the permit for sale, transfer or use in the manner required by that section.

N.M. Code R. § 19.8.11.1112

11-29-97; 19.8.11.1112 NMAC - Rn, 19 NMAC 8.2.11.1112, 9-29-2000; A, 4-28-2006; A, 12-31-2007