N.M. Code R. § 19.7.2.7 – Definitions

A. "Abandoned" means the permanent cessation of mining operations or the temporary cessation when no office with a responsible person is maintained at the site at all times and access to the mine is controlled.
B. "Director" means the director of the mining and minerals division.
C. "Division" means the mining and minerals division of the New Mexico energy, minerals and natural resources department.
D. "Effectively close or fence off" means to prevent entrance or access to any mine surface openings associated with any permanently suspended mining operation or any mine surface openings associated with any temporarily suspended mining operations when an office with a responsible person is not maintained at the site to all unauthorized persons, by sealing such opening with earthen or other suitable materials in a manner approved by the director, or by the construction of a fence around such openings of materials and in a manner approved by the director, and includes the monitoring and maintenance of such closures or fences as necessary to ensure that entrance and access is prevented.
E. "Immediate danger" means a condition that could reasonably be expected to have a high probability of resulting in physical harm to public health and safety.
F. "Mine" means and includes all surface and underground operations to win coal, metals and other mineral substances from their deposits (exclusive of natural gas or petroleum), all tunnel operations, all caisson operations, all mills, ore houses and treatment plants, all quarries, pits, open cut workings, strippings, placer mines, sand, gravel and similar banks.
G. "Mineral" means coal, metallic or non-metallic ores or any naturally occurring rock substances that are mined or recovered on or under the surface of the earth.
H. "Operations" means any construction or excavation activities for the purpose of winning minerals from their deposits or any activities undertaken in the proper safeguarding of mine surface openings.
I. "Operator" means and includes owner, operator, lessee, manager, superintendent or agent, receiver or trustee and political subdivisions and instrumentalities of the state of New Mexico operating any mine.
J. "Permanent suspension" means the cessation for an indefinite period of mining operations which are not expected to resume at a future time. Mines where suspension is permanent are considered abandoned mines for purposes of safeguarding.
K. "Secretary" means the secretary of the energy, minerals and natural resources department.
L. "Suspension" means the cessation of mine operations and may be either permanent or temporary in nature.
M. "Temporary suspension" means the cessation for a limited time of mining operations which are expected to resume at a future time. Mines under temporary suspension which have no office with a responsible person at the site at all times and where access to the mine is not controlled are considered abandoned for purposes of safeguarding.
N. "Unauthorized persons" means anyone other than the mine owner or operator, the state mine inspector or the director and their agents or any other state or federal regulatory agency authorized to inspect the mine site.
[8-21-89, 10-14-95; 19.7.2.7 NMAC - Rn, 19 NMAC 7.2.7, 5/30/2003]