TEMPORARY:

1. A. Each person who conducts surface coal mining operations shall effectively secure surface facilities and support and maintain any surface access openings to underground operations in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his obligation to comply with any provisions of the approved permit.
2. B. Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, persons who conduct surface coal mining operations shall submit to the director a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres, and for underground mines the horizontal and vertical extent of subsurface strata which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished and identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures, and water treatment activities that will continue in the temporary cessation.
3. C. At the director's discretion, the permittee may be directed to take other reasonable actions consistent with 19.8 NMAC to ensure the protection of public safety and the environment while the operation is under temporary cessation.
4. D. No temporary cessation of mining and reclamation operations shall extend beyond the current permit term, unless the director approves an extension of the temporary cessation during the permit renewal process conducted in accordance with 19.8.13 NMAC.
5. E. To continue under a temporary cessation beyond an existing permit term, the permittee must demonstrate that the mining operation has a reasonable expectation of continuing operations.

6. F. A temporary cessation may not be used to justify a lengthy delay to final reclamation or to preserve facilities beyond what may be considered appropriate for its use in association with an existing permit.

   [11-29-97; Rn, 19 NMAC 8.2.20.2071, 12-15-99; 19.8.20.2073 NMAC - Rn, 19 NMAC 8.2.20.2073, 9-29-2000; A, 7-30-2004]