N.M. Code R. § 19.8.14.1403 – Period of Liability

A. Duration and phased bonding option.
(1) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation provided in 19.8.20.2065 NMAC or until achievement of the reclamation requirements of the act, regulatory programs, and permit, whichever is later.
(2) With the approval of the director, a bond may be posted and approved to guarantee specific phases of reclamation within the permit area provided the sum of phase bonds posted equals or exceeds the total amount required under 19.8.14.1405 and 1406 NMAC. The scope of work to be guaranteed and the liability assumed under each phase bond shall be specified in detail.
B. Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the director. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the director.
C. If the director approves a long-term, intensive agricultural post-mining land use, in accordance with Subparagraph (c) of Paragraph (5) of Subsection B of 19.8.20.2065 NMAC, the applicable 5 or 10 year period of liability shall commence at the date of initial planting for such long-term agricultural use.
D. Bond liability limitations.
(1) The bond liability of the permittee shall include only those actions which the permittee is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under 19.8.20.2075 NMAC.
(2) Implementation of an alternative postmining land use approved under 19.8.20.2075 NMAC which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in Paragraph (2) of Subsection C of 19.8.14.1412 NMAC.
[11-29-97; 19.8.14.1403 NMAC - Rn, 19 NMAC 8.2.14.1403, 9-29-2000; A, 12-31-2007]