N.M. Admin. Code § 19.8.20.2072

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

Section 19.8.20.2072 - SUBSIDENCE CONTROL: ADJUSTMENT OF BOND AMOUNT FOR SUBSIDENCE DAMAGE

A. When subsidence-related material damage occurs to land, structures or facilities, or contamination, diminution, or interruption to a water supply protected under Subsections A through D of 19.8.20.2069 NMAC, the director must require the permittee to obtain additional performance bond in the amount of the estimated cost of the repairs if the permittee will be repairing, or in the amount of the decrease in value if the permittee will be compensating the owner, or in the amount of the estimated cost to replace the protected water supply if the permittee will be replacing the water supply, until the repair, compensation, or replacement is completed. If repair, compensation, or replacement is completed within 90 days of the occurrence of damage, no additional bond is required. The regulatory authority may extend the 90-day time frame, but not to exceed one year, if the permittee demonstrates and the regulatory authority finds in writing that subsidence is not complete, that not all probable subsidence-related material damage has occurred to lands or protected structures, or that not all reasonably anticipated changes have occurred affecting the protected water supply, and that therefore it would be unreasonable to complete within 90 days the repair of the subsidence-related material damage to lands or protected structures, or the replacement of protected water supply.

B. [Reserved]

11-29-97; N, 12-15-99; 19.8.20.2072 NMAC - Rn, 19 NMAC 8.2.20.2072, 9-29-2000