In addition to the requirements of 19.8.20 NMAC, each person who conducts combined surface and underground mining operations shall comply with the following:

1. A. A 500-foot barrier pillar of coal shall be maintained between the surface and underground mining activities in any one seam. The director and the mine safety and health administration, and the state mine inspector, may, however, approve a lesser distance, after finding by the director that mining at a lesser distance will result in:

   (1) improved coal resources recovery;

   (2) abatement of water pollution; or

   (3) elimination of hazards to the health and safety of the public.

2. B. The vertical distance between combined surface and underground mining activities working separate seams shall be sufficient to provide for the health and safety of the workers and to prevent surface water from entering the underground workings.

3. C. No combined activities shall reduce the protection provided public health and safety below the level of protection required for those activities if conducted without a variance.

   [11-29-97; 19.8.21.2102 NMAC- Rn, 19 NMAC 8.2.21.2102, 9-29-2000]

   HISTORY OF 19.8.21 NMAC:

   Pre-NMAC History:

   The material in Part 21 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 21 Special Performance Standards - Concurrent Surface and Underground Mining, filed 11-13-97, to 19.8.21 NMAC Special Performance Standards - Concurrent Surface and Underground Mining, effective 9-29-2000.