N.M. Admin. Code § 19.8.6.602

Current through Register Vol. 35, No. 24, December 23, 2024

Section 19.8.6.602 - GENERAL REQUIREMENTS: EXPLORATION OF MORE THAN 250 TONS

Any person who intends to conduct coal exploration in which more than 250 tons of coal are removed in the area to be explored, shall, prior to conducting the exploration, obtain the written approval of the director, accordance with the following:

A. Contents of application for approval. Each application for approval shall contain, at a minimum, the following information:

(1) the name, address, and telephone number of the applicant;

(2) the name, address, and telephone number of the representative of the applicant who will be present at and be responsible for conducting the exploration;

(3) an exploration and reclamation operations plan, including:

(a) a narrative description of the proposed exploration area, cross-referenced to the map required under Paragraph (5) of Subsection A of 19.8.6.602 NMAC, including surface topography, geological, surface water, and other physical features, vegetative cover, the distribution and important habitats of fish, wildlife, and plants, including, but not limited to, any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et. seq.), and the Wildlife Conservation Act, Sections 17-3-17 et. seq. NMSA 1978, the Habitat Protection Act, Sections 17-6-1 et seq. NMSA 1978, and the laws relating to the protection of native New Mexico plants including Section 76-8-1 through 76-8-4 NMSA 1978; districts, sites, buildings, structures or objects listed or eligible for listing on the national register of historic places; and known archeological resources located within the proposed exploration area;

(b) a narrative description of the methods to be used to conduct coal exploration and reclamation, including, but not limited to, the types and uses of equipment, drilling, blasting, road or other access route construction, and excavated earth and other debris disposal activities;

(c) an estimated timetable for conducting and completing each phase of the exploration and reclamation;

(d) the estimated amounts of coal to be removed and a description of the methods to be used to determine those amounts;

(e) a description of the measures to be used to comply with the applicable requirements of 19.8.19 NMAC.

(4) the name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;

(5) a map at a scale of 1:24,000 or larger, showing the areas of land to be substantially disturbed by the proposed exploration and reclamation; the map shall specifically show existing roads, occupied dwellings, and pipelines; proposed location of trenches, roads, and other access routes and structures to be constructed; the location of land excavations to be conducted; water or coal exploratory holes and wells to be drilled or altered; earth or debris disposal areas; existing bodies of surface water; documented historic, topographic, cultural and drainage features; and habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 and the Wildlife Conservation Act, Sections 17-3-17 et. seq. NMSA 1978, the Habitat Protection Act, Sections 17-6-1 et. seq. NMSA 1978, and the laws relating to the protection of native New Mexico plants including Sections 76-8-1 through 76-8-4 NMSA 1978; and

(6) a bond sufficient to assure that completion of reclamation of the area disturbed by the exploration activity may be required by the director; such bond, if required by the director, shall be in a form approved by the director and shall not be subject to the requirements of 19.8.14 NMAC;

(7) a statement of why extraction of more than 250 tons of coal is necessary for exploration;

(8) such other information as the director deems necessary to take action under 19.8.6.603 NMAC;

(9) for any lands listed in 19.8.2.201 NMAC, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations; the application must include documentation of consultation with the owner of the feature causing the land to come under the protection of 19.8.2.201 NMAC, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 19.8.2.201 NMAC.

B. Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows:

(1) within such time as the director may designate, public notice of the filing of the application with the director shall be published in a newspaper of general circulation in the county of the proposed exploration area;

(2) the public notice shall state the name and business address of the person seeking approval, the date of filing of the application, the address of the director at which written comments on the application may be submitted, the closing date of the comment period, and a description of the general area of exploration;

(3) any person with an interest which is or may be adversely affected shall have the right to file written comments within the time limits prescribed in the notice.

N.M. Admin. Code § 19.8.6.602

11-29-97; 19.8.6.602 NMAC - Rn, 19 NMAC 8.2.6.602, 9-29-2000; A, 01-15-2002