The requirements of 19.8.3 NMAC do not apply to:

1. A. lands on which surface coal mining operations were being conducted on August 3, 1977;
2. B. lands covered by a permit issued under the act; or

3. C. lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.

   [11-29-97; 19.8.3.301 NMAC - Rn, 19 NMAC 8.2.3.301, 9-29-2000]