N.M. Code R. § 19.8.7.704 – Relationship to Areas Designated Unsuitable for Mining

A. Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface coal mining operations under 19.8.4 NMAC or under study for designation in an administrative proceeding under 19.8 NMAC.
B. If an applicant claims the exemption in Paragraph (2) of Subsection D of 19.8.11.1106 NMAC, the application shall contain information supporting the applicant's assertion.
C. An application that proposes to conduct surface coal mining operations within 100 feet of a public road or within 300 feet of an occupied dwelling must meet the requirements of Subsection D or E of 19.8.2.202 NMAC, respectively.
[11-29-97; 19.8.7.704 NMAC - Rn, 19 NMAC 8.2.7.704, 9-29-2000; A, 01-15-2002]