N.M. Admin. Code § 19.8.20.2069 - SUBSIDENCE CONTROL: SURFACE OWNER PROTECTION
A. The permittee must correct any material
damage resulting from subsidence caused to surface lands, to the extent
technologically and economically feasible, by restoring the land to a condition
capable of maintaining the value and reasonably foreseeable uses that it was
capable of supporting before subsidence damage.
B. The permittee must promptly replace any
drinking, domestic or residential water supply that is contaminated, diminished
or interrupted by underground mining activities conducted after October 24,
1992, if the affected well or spring was in existence before the date the
regulatory authority received the permit application for the activities causing
the loss, contamination or interruption. The baseline hydrologic information
required in
19.8.9.907 NMAC will be used to
determine the impact of mining activities upon the water supply.
C. The permittee must promptly repair, or
compensate the owner for, material damage resulting from subsidence caused to
any non-commercial building or occupied residential dwelling or associated
structures that existed at the time of mining. If repair option is selected,
the permittee must fully rehabilitate, restore or replace the damaged
structure. If compensation is selected, the permittee must compensate the owner
of the damaged structure for the full amount of the decrease in value resulting
from the subsidence-related damage. The permittee may provide compensation by
the purchase, before mining, of a non-cancelable premium-prepaid insurance
policy. The requirements of Subsection C of
19.8.20.2069 NMAC apply only to
subsidence-related damage caused by underground mining activities conducted
after October 24, 1992.
D. The
permittee must, to the extent required under applicable provisions of state
law, either correct material damage resulting from subsidence caused to any
structures or facilities not protected by Subsection C of
19.8.20.2069 NMAC by repairing the
damage or compensate the owner of the structures or facilities for the full
amount of the decrease in value resulting from the subsidence. Repair of damage
includes rehabilitation, restoration, or replacement of damaged structures or
facilities. Compensation may be accomplished by the purchase before mining of a
non-cancelable premium-prepaid insurance policy.
Notes
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