The prohibitions and limitations of 19.8.2.201 NMAC do not apply to:

1. A. surface coal mining operations for which a valid permit, issued by the director under 19.8 NMAC Parts 1-35, exists when the land comes under the protection of 19.8.2.201 NMAC; this exception applies only to lands within the permit area as it exists when the land comes under the protection of 19.8.2.201 NMAC;

2. B. with respect to operations existing prior to August 3, 1977, lands upon which validly authorized surface coal mining operations existed when the land comes under the protection of 1978 NMSA 69-25A et seq. and 19.8.2.201 NMAC.

   HISTORY OF 19.8.2 NMAC:

   Pre-NMAC History:

   The material in Part 2 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.

   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 2 Areas Designated by Acts of Congress, filed 11-13-97, to 19.8.5 NMAC Areas Designated by Acts of Congress, effective 9-29-2000.

[19.8.2.203 NMAC - N, 1-15-2002]