N.M. Code R. § 19.7.2.8 – Safeguarding of Mine Openings

A. Prior to either the permanent suspension of mining operations or the temporary suspension of mining operations when an office with a responsible person present at all times is not maintained at the site, on which are located mine surface openings including shafts, adits, highwalls or auger boreholes, the operator shall notify the division on a notice of intention to suspend operations form (form 12). The operator shall include on the form a plan to effectively close or fence off all surface mine openings on the property. The plan shall include a description of the materials and procedures which are proposed to be used, and the construction and location of trespass warnings and appropriate danger notices. The plan shall include a timetable for completion of the proposed safeguarding procedures. Commencing of safeguarding operations shall take place immediately when the operator suspends mining operations. If the safeguarding plan is not approved by the director, the operator will receive notice of disapproval and may resubmit an amended plan for approval.
B. Acceptable methods to effectively close or fence off surface mining openings include the sealing of such openings with earthen materials, concrete, masonry or other materials approved by the director. Fences must be constructed of durable materials and in a manner approved by the director and must be reasonably capable of preventing entrance or access to the mine surface openings by unauthorized persons. Closures and fences shall be monitored and maintained throughout the period or permanent (abandonment) or temporary suspension. Trespass warnings and danger notices must be constructed of durable materials and be visible by persons who may approach the safeguarded openings. Notices and warning shall be printed in both the English and Spanish languages and be legible from a distance of fifty feet. Signs shall contain the mine name, name of operator and the assigned U.S. mine safety and health administration (MSHA) registration number in addition to the trespass warning and danger notice.
[8-21-89, 10-14-95; 19.7.2.8 NMAC - Rn, 19 NMAC 7.2.8, 5/30/2003]