Advance Opinions

not required to meet the contamination standards in 20.6.2.3103 NMAC.

CONCLUSION

{26} For the reasons articulated above, we conclude that Appellants have not established that the Commission’s Final Order upholding the grant of DP-1840—including its interpretation of the phrase “undue risk to property” and its related determination that the Mine does not present an undue risk to their respective properties, as well its conclusion that the pit lake does not constitute a surface water of the state—was arbitrary, capricious, or unsupported by http://www.nmcompcomm.us/ substantial evidence. We, therefore, affirm. {27} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge WE CONCUR:

KRISTINA BOGARDUS, Judge

JACQUELINE R. MEDINA, Judge