N.M. Admin. Code § 19.8.20.2038

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

Section 19.8.20.2038 - PROTECTION OF UNDERGROUND MINING FROM SURFACE MINING ACTIVITIES

A. No surface coal mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that:

(1) the nature, timing, and sequences of the operations are jointly approved by the director, the mine safety and health administration, and the state mine inspector; and

(2) the activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public.

B. Surface mining activities shall be designed to protect disturbed surface areas, including spoil disposal sites, so as not to endanger any present or future operations of either surface or underground mining activities.

N.M. Admin. Code § 19.8.20.2038

11-29-97; 19.8.20.2038 NMAC - Rn, 19 NMAC 8.2.20.2038, 9-29-2000