B. Any application for a permit for operations covered by this section shall be made according to all requirements of 19.8.5 through 19.8.13 NMAC applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of 19.8.28 NMAC, including:

(1) delineation of proposed holes and wells and production zone for approval of the director;

(2) specifications of drill holes and casings proposed to be used;

(3) a plan for treatment, confinement or disposal of all acid-forming, toxic-forming or radioactive gases, solids, or liquids constituting a fire, health, safety or environmental hazard caused by the mining and recovery process; and

(4) plans for monitoring surface and ground water and air quality, as required by the director.

C. No permit shall be issued for operations covered by this section, unless the director first finds, in writing, upon the basis of a complete application made in accordance with Subsection B of 19.8.10.1009 NMAC, that the operation will be conducted in compliance with all requirements of 19.8.5 through 19.8.13 NMAC relating to underground mining activities, and 19.8.20 and 19.8.28 NMAC.

[11-29-97; 19.8.10.1009 NMAC - Rn, 19 NMAC 8.2.10.1009, 9-29-2000]

HISTORY OF 19.8.10 NMAC:

Pre-NMAC History:

The material in Part 10 was derived from that previously filed with the State Records Center and Archives under:

SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76

SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78

SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79

CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.

History of Repealed Material: [RESERVED]

Other History:

Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations, filed 9-24-80 to 19 NMAC 8.2, Coal Surface Mining, filed 11-13-97.

Renumbered 19 NMAC 8.2 Subpart 10 Requirements for Permits for Special Categories of Mining, filed 11-13-97, to 19.8.10 NMAC Requirements for Permits for Special Categories of Mining, effective 09-29-2000.