A person conducting surface coal mining operations under a permit issued pursuant to Laws 1972, Chapter 68, as amended, or issued by the director pursuant to the act, prior to the effective date of an approved program may conduct these operations beyond the period prescribed in 19.8.5.500 NMAC, if:

1. A. timely and complete application for a permit under the approved program has been made to the director in accordance with the provisions of the act, and 19.8 NMAC Parts 1-35;
2. B. the director has not yet rendered an initial decision with respect to such application; and

3. C. the operations are conducted in compliance with all terms and conditions of the interim permit, the requirements of the act, and 19.8 NMAC Parts 1-35.

   [11-29-97; 19.8.5.501 NMAC - Rn 19 NMAC 8.2.5.501, 9-29-2000; A, 1-15-2002]