N.M. Admin. Code § 19.10.3.300 - EXCLUSION
Prospectors, gold panners and rock collectors causing no or very little surface disturbance with their activities are excluded from the requirements of the Act and 19.10 NMAC pursuant to the definition of "Exploration," in 19.10.1 NMAC. Excavation(s) by one operator totaling greater than 2 cubic yards per year or the use of mechanized mining equipment, including mechanized sluices or dredges, are not eligible for this exclusion.
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