Current through Register Vol. 35, No. 6, March 26, 2024
A. Six copies of an application for a permit
shall be submitted to the Director. The Director may require additional copies
for distribution by the Director to other governmental agencies.
B. All information submitted to the Director
shall be made available for public inspection and copying at the Director's
office, except as designated confidential. Information in the application which
the applicant desires to keep confidential shall be clearly indicated and
submitted separately from the rest of the application.
(1) If the operator designates as
confidential an exploration map, financial information, information concerning
the grade or location of ore reserves or trade secret information, the Director
shall maintain the information as confidential and not subject to public
records or disclosure laws.
(2) If
a request is made for public review of the information held confidential, the
Director shall notify the operator and provide a reasonable opportunity for
substantiation of the claim that public disclosure of the information could
harm the competitive position of the operator. If the claim of confidentiality
is not substantiated to the satisfaction of the Director, the information shall
be released.
(3) When a request is
made for public review of information designated as confidential, the Director
shall attempt to notify the operator within 24 hours of the request, and shall
provide written notification by certified mail.
C. Each application shall be signed by an
applicant or authorized agent of the applicant for the operation with the
following certification made: I certify that I have personally examined and am
familiar with the information submitted herein, and based on my inquiry of
those individuals responsible for obtaining the information, I believe the
submitted information is true, accurate, and complete. Further, the applicant
certifies that he is not in violation of any other obligation under the New
Mexico Mining Act or 19.10 NMAC adopted pursuant to that Act.
D. Each application for a permit shall
include:
(1) The name of the
applicant.
(2) A listing of all
parties, including addresses and telephone numbers, which have an ownership or
controlling interest in the proposed exploration operation or submittal of the
applicant's most recent 10K form required by the United States Securities and
Exchange Commission, and a listing of all mining operations within the United
States owned, operated or directly controlled by the applicant, owner or
operator and by persons or entities that directly control the applicant and the
names and addresses of regulatory agencies with jurisdiction over the
environmental aspects of those operations and that could provide a compliance
history for those operations over the preceding ten years.
(3) Copies of documents upon which the
applicant bases his right to enter the property to conduct the exploration and
reclamation.
(4) A map(s) and list,
including names and addresses, of all owners of surface and mineral estates
within the proposed permit area, as shown by the most recent county assessor's
property tax schedule.
(5) A map at
a scale of at least 1 inch equals 2,000 feet (1:24,000) showing the areas of
land to be disturbed by the proposed exploration and reclamation. The map shall
specifically show the boundary of the proposed permit area, proposed and
existing roads, previously disturbed areas, occupied dwellings, and pipelines;
existing bodies of surface water, springs, wetlands, and riparian areas;
topographic and drainage features; and oil, gas and water wells on the permit
area. Areas and types of proposed disturbance shall be indicated. The
anticipated depth of each proposed method of exploration shall also be
provided.
(6) A description of the
exploration methods to be used, the minerals sought and the proposed dates
during which exploration will be conducted.
(7) An estimate of the total number of acres
to be disturbed by the operations, including new road construction and
reconstruction of existing roads. Estimates must include:
(a) the width and length of any new roads to
be constructed including culvert locations and sizes;
(b) the approximate depth and diameter of all
drill holes; and
(c) the general
dimensions of all trenches, pits, shafts, cuts, or other types of
disturbances.
(8) A list
of chemicals contemplated for use by the exploration operation and a detailed
plan for the containment, use, and disposal of such chemicals.
(9) An estimate of depth to ground water and
total dissolved solids concentration.
(10) A reclamation plan which shall address:
(a) a general description of the vegetation
of the area to be disturbed and, if applicable, a detailed description of
species and methods to be used during revegetation;
(b) all applicable performance and
reclamation standards and requirements in 19.10.4.403 NMAC; and
(c) an estimate of the proposed financial
assurance required by 19.10.12 NMAC.
(11) The applicant shall designate an agent
and provide the agent's street address for the service of notices and orders
from the Director. This information shall be kept current during the term of
the permit.
(12) A copy of the
proposed form of notices required under 19.10.9 NMAC.
(13) The permit fees as determined pursuant
to 19.10.2 NMAC.
(14) Any
additional information necessary for evaluation of the permit application as
required by the Director.
E. To avoid duplication and conflicting
requirements, the applicant may include information from environmental permits
relevant to the application. Permits issued by other governmental agencies
shall be accepted by the Director to the extent such permits satisfy the
requirements of the Act and 19.10 NMAC.
F. The Director shall, after determining the
application is complete, deliver copies of the application or appropriate
sections (except those parts of the application designated confidential under
Subsection B of 19.10.4.402 NMAC, provided, however, that the Director shall
include with the application a list of the parts withheld and will provide such
parts at an agency's specific request) to the following agencies which shall
have 60 days in which to provide comments to the Director: the Environment
Department; the Department of Game and Fish; the State Forestry Division; the
State Historic Preservation Office; the State Engineer; if the operation is on
state or federal land, the appropriate state or federal land management agency;
and any other agency the Director deems appropriate.
