N.M. Admin. Code § 19.2.2.41

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.2.41 - INSPECTIONS

A. The commissioner has the right to inspect all records and books of account pertaining to the operations under a mineral lease, including records and books relating to mining, production, extraction, processing, transportation, reduction, returns and reclamation. At the request of the commissioner, the lessee shall furnish such reports, books, records, samples, logs, assays or cores, as the commissioner deems reasonably necessary to the proper administration of the lease.

B. The commissioner has the right to enter the premises and the facilities located thereon to inspect operations thereon, to conduct a field audit and to inspect the records and books referred to in Subsection A of this section. To facilitate field audits and inspections under this subsection, the lessee shall keep originals or true and accurate copies of all of the foregoing records, books, documents and sample materials on the premises unless otherwise approved by the commissioner in writing.

C. The lessee shall allow the permitting agency, the New Mexico environment department, and any government agency to enter the premises and the facilities located thereon to conduct activities or inspection consistent with such agencies' regulatory jurisdiction over lessee's operations or mining activity.

D. No prior notice is required under this section. Failure to timely comply with this section by the lessee, and failure to correct violations noted as a result of site inspections provided hereunder, shall constitute a breach subjecting the lease to cancellation.

N.M. Admin. Code § 19.2.2.41

19.2.2.41 NMAC - N, 3/14/2001