These rules and regulations shall apply to all mining operations with surface mine openings including shafts, adits, highwalls and auger boreholes where operations are suspended permanently (abandoned), or for a temporary period of time when an office with a responsible person is not maintained at the site, exclusive of coal mining operations regulated under Section 69-25A-1 to Section 69-25A-35 NMSA 1978 and all mines subject to the New Mexico Mining Act, Section 69-36-1 to Section 69-36-20 NMSA 1978 (1993 Repl. Pamp.).
N.M. Admin. Code § 19.7.2.2