N.M. Code R. § 19.8.20.2052 – Slides and Other Damage

A. For surface mining activities, unless demonstrated to and approved by the director that equivalent stability can be obtained through other technology, an undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the director as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion.
B. At any time a slide occurs which may have a potential adverse affect on public property, health, safety, or the environment, the person who conducts the surface coal mining operations shall notify the director by the fastest available means and comply with any remedial measures required by the director.
[11-29-97; 19.8.20.2052 NMAC - Rn, 19 NMAC 8.2.20.2052, 9-29-2000]