A. Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with exploration regulations issued by the commission. Such regulations shall include, at a minimum: the requirement that prior to conducting any exploration under this section, any person must file with the director notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration; and provisions for reclamation in accordance with the performance standards in Section 19 [69-25A-19 NMSA 1978] of the Surface Mining Act of all lands disturbed in exploration, including excavations, roads, drill holes and the removal of necessary facilities and equipment.
B. Information submitted to the director pursuant to this section as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.
C. Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of Section 22 [69-25A-22 NMSA 1978] of the Surface Mining Act.
D. No operator shall remove more than two hundred fifty tons of coal without the specific written approval of the director.
History: Laws 1979, ch. 291, § 16.
Cross references. — For regulation of lands affected by mining "hard rock" minerals, see Chapter 69, Article 36 NMSA 1978.
Structure New Mexico Statutes
Section 69-25A-1 - Short title.
Section 69-25A-2 - Purpose of act.
Section 69-25A-3 - Definitions.
Section 69-25A-4 - Coal surface mining commission; duties. (Repealed effective July 1, 2026.)
Section 69-25A-5 - Regulations.
Section 69-25A-6 - Procedure for adopting regulations.
Section 69-25A-7 - Petition to initiate regulations.
Section 69-25A-8 - Director; duties.
Section 69-25A-9 - General provisions pertaining to permits.
Section 69-25A-10 - Permit application requirements.
Section 69-25A-11 - Public liability and self-insurance requirements.
Section 69-25A-12 - Reclamation plan requirements.
Section 69-25A-13 - Performance bonds.
Section 69-25A-14 - Permit approval or denial.
Section 69-25A-15 - Revision of permits.
Section 69-25A-16 - Coal exploration.
Section 69-25A-17 - Public notice and public hearings.
Section 69-25A-18 - Decisions of director and appeals.
Section 69-25A-19 - Environmental protection performance standards; surface coal mining operations.
Section 69-25A-21 - Inspection and monitoring.
Section 69-25A-22 - Penalties and sanctions.
Section 69-25A-23 - Release of performance bonds.
Section 69-25A-24 - Citizen suits.
Section 69-25A-25 - Enforcement.
Section 69-25A-26 - Areas unsuitable for surface coal mining; petitions; exclusions.
Section 69-25A-27 - Cooperative agreement between the state of New Mexico and the United States.
Section 69-25A-28 - Applicability to public agencies, public utilities and public corporations.
Section 69-25A-29 - Administrative review.
Section 69-25A-30 - Judicial review.
Section 69-25A-31 - Exclusions.
Section 69-25A-32 - Conflict of interest; penalty; disclosure.
Section 69-25A-33 - Experimental practices or other use.
Section 69-25A-35 - Administrative procedures; applicability.
Section 69-25A-36 - Termination of agency life; delayed repeal.