N.M. Admin. Code § 19.8.19.1903 - REQUIREMENT FOR A PERMIT
A. Any
person who extracts coal for commercial sale or use during coal exploration
operations must obtain a permit for those operations from the director under
19.8.5 NMAC through 19.8.13 NMAC.
B.
With the prior written approval of the director, no permit to conduct surface
coal mining operations is required for the sale or commercial use of coal
extracted during exploration operations if such sale or commercial use is for
coal testing purposes only. The person conducting the exploration shall file an
application for such approval with the director. The application shall
demonstrate that the coal testing is necessary for the development of a surface
coal mining and reclamation operation for which a surface coal mining
operations permit application is to be submitted in the near future, and that
the proposed commercial use or sale of coal extracted during exploration
operations is solely for the purpose of testing the coal. The application shall
contain the following:
(1) the name of the
testing firm and the locations at which the coal will be tested.
(2) If the coal will be sold directly to, or
commercially used directly by, the intended end user, a statement from the
intended end user; or if the coal is sold indirectly to the intended end user
through an agent or broker, a statement from the agent or broker. The statement
shall include:
(a) the specific reason for
the test, including why the coal may be so different from the intended user's
other coal supplies as to require testing;
(b) the amount of coal necessary for the test
and why a lesser amount is not sufficient; and
(c) a description of the specific tests that
will be conducted.
(3)
Evidence that sufficient reserves of coal are available to the person
conducting exploration or its principals for future commercial use or sale to
the intended end user, or agent or broker of such user identified above, to
demonstrate that the amount of coal to be removed is not the total reserve, but
is a sampling of a larger reserve.
(4) An explanation as to why other means of
exploration, such as core drilling, are not adequate to determine the quality
of the coal and/or the feasibility of developing a surface coal mining
operation.
Notes
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