New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 10 - VARIANCES
Section 19.10.10.1002 - APPLICATION

Universal Citation: 19 NM Admin Code 19.10.10.1002

Current through Register Vol. 35, No. 6, March 26, 2024

A. Each application for a variance must:

(1) state the applicant's name and address;

(2) state the date of the application;

(3) identify the mining operation for which the variance is sought;

(4) provide the location of the property on which the mining operation is located;

(5) identify the section of 19.10 NMAC from which the variance is sought;

(6) state in detail the extent to which the applicant wants to vary from 19.10 NMAC;

(7) present sufficient evidence to prove that failure to grant a variance will impose an undue economic burden on the applicant;

(8) present sufficient evidence to prove that granting a variance will not result in

a significant threat to human health, safety or the environment; and

(9) include the fee for a variance application pursuant to 19.10.2 NMAC.

B. The Director may require the applicant to furnish additional information.

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