EXPLORATION OF LESS THAN 250 TONS:

1. A. Any person who intends to conduct coal exploration during which less than 250 tons of coal will be removed in the area to be explored shall, prior to conducting the exploration, file with the director a written notice of intention to explore.

2. B. The notice shall include:

   (1) the name, address, and telephone number of the person seeking to explore;

   (2) the name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities;

   (3) a precise description and map at a scale of 1:24,000 or larger, of the exploration area;

   (4) a statement of the period of intended exploration;

   (5) a narrative description of the methods to be used to conduct coal exploration and reclamation, including, but not limited to, the types and uses of equipment, drilling, blasting, road or other access route construction, and excavated earth and other debris disposal activities.

   (6) a description of the practices proposed to be followed to protect the environment from adverse impacts as a result of the exploration activities; and

   (7) if the surface is owned by a person other than the person who intends to explore, a description of the basis upon which the person who will explore claims the right to enter such area for the purpose of conducting exploration and reclamation.

3. C. Any person who conducts coal exploration activities pursuant to this section which substantially disturbs the natural land surface shall comply with 19.8.19 NMAC.
4. D. The director shall, except as otherwise provided in 19.8.6.606 NMAC, place such notices on public file and make them available for public inspection and copying.
5. E. If the director does not act adversely on the notice of intent within 30 days the applicant may proceed with exploration.

6. F. A bond sufficient to assure that completion of reclamation of the area disturbed by the exploration activity may be required by the director in an amount determined pursuant to 19.8.14.1404 NMAC.

   [11-29-97; 19.8.6.601 NMAC - Rn, 19 NMAC 8.2.6.601, 9-29-2000; A, 12-31-2007]