N.M. Admin. Code § 19.8.7.703 - RIGHT OF ENTRY AND OPERATION INFORMATION
A. Each application shall contain a
description of the documents upon which the applicant bases his or her legal
right to enter and begin surface coal mining operations in the permit area and
whether that right is the subject of pending legislation. The description shall
identify those documents by type and date of execution, identify the specific
lands to which the document pertains, and explain the legal rights claimed by
the applicant.
B. Where the private
mineral estate to be mined has been severed from the private surface estate,
the application shall also provide for lands within the permit area:
(1) a copy of the written consent of the
surface owner to the extraction of coal by surface mining methods; or
(2) a copy of the document of conveyance that
expressly grants or reserves the right to extract the coal by surface mining
methods; or
(3) if the conveyance
does not expressly grant the right to extract the coal by surface mining
methods, documentation that under applicable state law, the applicant has the
legal authority to extract the coal by those methods.
C. Nothing in this section shall be construed
to afford the director the authority to adjudicate property title
disputes.
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