New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 4 - EXPLORATION
Section 19.10.4.406 - PERMIT MODIFICATIONS AND REVISIONS

Universal Citation: 19 NM Admin Code 19.10.4.406

Current through Register Vol. 35, No. 18, September 24, 2024

A. A permit modification or revision shall be required for exploration in areas or for types of disturbances not identified in the approved exploration permit.

B. A permit modification or revision shall be required for any change in the approved reclamation plan.

C. Revisions are modifications that require public notice and an opportunity for public hearing pursuant to 19.10.9 NMAC. The Director shall review each request for a permit modification to determine whether it must be processed as a revision

(1) The Director shall consider the following factors and their level of impact to determine whether a permit modification would have a significant environmental impact:
(a) Whether the proposed change would authorize an expansion of disturbed area beyond that currently authorized by the permit that:
(i) Would be located in or is expected to have a direct surface impact on wetlands, springs, perennial or intermittent streams, lakes, rivers, reservoirs or riparian areas.

(ii) Is expected to have a direct impact on ground water that has a total dissolved solids concentration of less than 10,000 mg/l.

(iii) Is expected to result in point or non-point source surface or subsurface releases of acid or other toxic substances from the permit area.

(iv) Would be located in designated critical habitat areas as determined in accordance with the federal Endangered Species Act of 1973 or in areas determined by the Department of Game and Fish likely to result in an adverse impact on an endangered species designated in accordance with the Wildlife Conservation Act, Sections 17-2-37 through 17-2-46 NMSA 1978 or by the State Forestry Division for the Endangered Plants Act, Section 75-6-1 NMSA 1978.

(v) Would adversely impact cultural resources listed on either the National Register of Historic Places or the State Register of Cultural Properties.

(vi) Would be located in a known cemetery or other burial ground.

(vii) Would be located in an area designated as a Federal Wilderness Area, Wilderness Study Area, Area of Critical Environmental Concern, or an area within the national Wild and Scenic River System.

(b) Whether the proposed change would result in a significant increase in the amount of financial assurance as determined by the Director; or

(c) Whether the proposed change would significantly depart from the nature or scale of the original exploration permit.

(2) An application for a permit modification or revision shall be accompanied by sufficient information for the Director to determine whether any of the factors listed in 19.10.4.406 NMAC are present.

(3) The Director shall consult with the Department of Environment, the Department of Game and Fish, State Forestry, applicable state or federal land management agency, or the State Historic Preservation if factors listed in this section are present relevant to the agency's area of expertise.

D. A permit modification or revision will not be granted unless the Director determines that the proposed modification or revision meets the requirements of 19.10.4 NMAC.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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