N.M. Admin. Code § 19.8.14.1401

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.14.1401 - REQUIREMENT TO FILE A BOND

A. After a permit application under 19.8.5 NMAC through 19.8.13 NMAC has been approved, but before a permit is issued, the applicant shall file with the director, on a form prescribed and furnished by the director, a bond or bonds for performance made payable to the state of New Mexico and conditioned upon the faithful performance of all the requirements of the act, the regulatory program, the permit, and the reclamation plan.

B. Bond coverage requirements.

(1) The bond or bonds shall cover the entire permit area, or an identified increment of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations during the initial term of the permit.

(2) Before surface coal mining and reclamation operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the director an additional bond or bonds to cover such increments in accordance with this section.

(3) The operator shall identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application (under 19.8.5 NMAC through 19.8.13 NMAC), and shall specify the bond amount to be provided for each area or increment.

(4) Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the director become necessary pursuant to 19.8.14.1414 NMAC.

C. An operator shall not disturb any surface areas, succeeding increments, or extend any underground shafts, tunnels or operations prior to acceptance by the director of the required performance bond.

D. The applicant shall file, with the approval of the director, a bond or bonds under one of the following schemes to cover the bond amounts for the permit area as determined in accordance with 19.8.14.1404 NMAC:

(1) a performance bond or bonds for the entire permit area;

(2) a cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or

(3) an incremental bond schedule and the performance bond required for the first increment in the schedule.

N.M. Admin. Code § 19.8.14.1401

11-29-97; 19.8.14.1401 NMAC - Rn, 19 NMAC 8.2.14.1401, 9-29-2000; A, 12-31-2007