GENERAL REQUIREMENTS:

1. A. The permittee must either adopt measures consistent with known technology that prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands or adopt mining technology that provides for planned subsidence in a predictable and controlled manner.

2. B. If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to non-commercial buildings and occupied residential dwellings and structures related thereto except that measures required to minimize material damage to such structures are not required if:

   (a) the permittee has the written consent of their owners, or;

   (b) unless the anticipated damage would constitute a threat to health or safety, the costs of such measures exceed the anticipated costs of repair.

3. C. Nothing in 19.8.20 NMAC prohibits the standard method of room-and-pillar mining.

4. D. The person engaged in underground mining activities shall comply with all provisions of the subsidence control plan prepared pursuant to 19.8.9.918 NMAC and approved by the director.

   [11-29-97; 19.8.20.2067 NMAC - Rn, 19 NMAC 8.2.20.2067, 9-29-2000]