Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment:

1. A. on any lands which will adversely affect any publicly owned park or any places included on the national register of historic places, unless approved jointly by the director, and the federal, state or local agency with jurisdiction over the park or places;

2. B. within 100 feet measured horizontally of the outside right-of-way line of any public road except:

   (1) where mine access roads or haulage roads join such right-of-way line; or

   (2) where the director allows the public road to be relocated or the area affected to be within 100 feet of such road, after:

   (a) public notice and opportunity for a public hearing in accordance with Subsection D of 19.8.2.202 NMAC; and

   (b) making a written finding that the interests of the affected public and landowners will be protected;

3. C. within 300 feet measured horizontally from any occupied dwelling, unless the owner thereof has provided a written waiver consenting to surface coal mining operations closer than 300 feet, or unless an access or haul road connects with an existing public road on the side of the public road opposite the dwelling;
4. D. within 300 feet measured horizontally of any public building, school, church, community or institutional building or public park; or
5. E. within 100 feet measured horizontally of a cemetery; this prohibition does not apply if the cemetery is relocated in accordance with all applicable laws and regulations;

6. F. on any lands within the boundaries of:

   (1) the national park system;

   (2) the national wildlife refuge system,

   (3) the national system of trails, the national wilderness preservation system;

   (4) the wild and scenic rivers system, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act 16 U.S.C. 1276(a) or study rivers or study river corridors as established in any guidelines pursuant to that act, and national recreation areas designated by act of congress;

   (5) federal lands within a national forest; this prohibition does not apply if the secretary of interior finds that there are no significant recreational, timber, economic, or other values that may be incompatible with surface coal mining operations; and:

   (a) any surface operations and impacts will be incident to an underground coal mine; or

   (b) with respect to lands that do not have significant forest cover within national forests west of the 100th meridian, the secretary of agriculture has determined that surface mining is in compliance with the act, the Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. 528-531; the Federal Coal Leasing Amendments Act of 1975, 30 U.S.C. 181 et seq.; and the National Forest Management Act of 1976, 16 U.S.C. 1600 et seq.

   [11-29-97; 19.8.2.201 NMAC - Rn 19 NMAC 8.2.2.201, 9-29-2000; A, 1-15-2002; A, 12-31-2007]