New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 4 - EXPLORATION
Section 19.10.4.405 - TERMS, ISSUANCE AND RENEWAL

(1) A permit to conduct exploration and reclamation operations shall be valid for a period of not more than one year from the date of issuance.

(2) The permittee shall maintain a permit until financial assurance is released under 19.10.12 NMAC.

(3) If the permit area contains property owned by the federal or state government, the expiration or termination of the government's authorization to conduct exploration operations on the property automatically suspends the permittee's authority to continue exploration operations on the property, although not necessarily reclamation operations, by the permit issued under 19.10 NMAC.

(1) The applicant has agreed, in writing, to conduct only those operations described in the permit, including any subsequently approved revision or modification.

(2) The applicant has agreed, in writing, to reclaim any areas disturbed by the exploration operations in accordance with the permit.

(3) The applicant has paid the permit fee required by 19.10.2 NMAC.

(4) The financial assurance required by 19.10.12 NMAC has been provided and approved.

(5) The applicant's failure to comply with the provisions of the Act, 19.10 NMAC or a permit issued under 19.10 NMAC has not resulted in the forfeiture of financial assurance.

(6) If the proposed exploration operation is on state or federal lands, the appropriate land management agency approves or acknowledges the proposed exploration if approval or acknowledgement by the land management agency is required under that agency's regulations.

(7) The public participation requirements of 19.10.9 NMAC have been met.

(8) The applicant is not in violation of the Act or 19.10 NMAC.

(9) The applicant has submitted a notarized statement signed by the applicant that he agrees to comply with the performance standards and reclamation requirements of the permit, 19.10 NMAC, and the Act and allows the Director to enter the permit area without delay for the purpose of conducting inspections during mining and reclamation.

(1) An exploration permit may be renewed from year to year.

(2) Renewal applications shall be filed 30 days preceding the expiration of the current permit.

(3) Applications for renewal shall not be approved if the applicant has outstanding violations of the Act or 19.10 NMAC or otherwise fails to meet the requirements of 19.10 NMAC.