Current through Register Vol. 35, No. 6, March 26, 2024
A. An application for a permit for an
existing mining operation shall be submitted by December 31, 1994.
B. The application shall include: a closeout
plan; or a compliance schedule for completion of, within the shortest time
practicable, a closeout plan, which shall be submitted no later than December
31, 1995, unless the applicant requests an extension and the Director grants
approval for good cause shown.
C.
Every existing mining operation must have a permit and closeout plan approved
by the Director by December 31, 1997 unless the Director grants a non-renewable
extension of time not to exceed two years for good cause shown. Notwithstanding
the preceding sentence, prior to December 31, 1999 the Director may grant an
additional extension of time pursuant to Subsection D of 19.10.5.501
NMAC.
D. At any time before
September 22, 1999, an applicant may file a request for an additional
non-renewable extension, which shall not extend beyond December 31, 2001. The
application shall be filed in writing, with the Director. Upon receipt of the
request, the Director shall provide a copy of the request to the department of
environment which will have thirty days from receipt to provide comments. The
Director shall approve the request for an extension if:
(1) The request is accompanied by a
non-refundable application fee of $5,000.00 payable pursuant to subsection A of
19.10.2.204 NMAC. The request will not be processed if the fee has not been
paid.
(2) The request includes a
detailed schedule of milestones and deliverables acceptable to the Director for
obtaining closeout plan approval, which shall include:
(a) a schedule for carrying out supporting
studies and submitting reports thereon;
(b) a description of steps to be taken for
allowing public participation as provided in the Mining Act for Mining Act
permits, closeout plans and revisions, taking into consideration public
participation requirements under other authorities;
(c) a schedule for closeout plan approval for
portions of the mining operation where approval is feasible prior to the final
approval deadline, giving priority to completion of all studies and milestones
necessary for prompt closeout plan approval for those portions of the mining
operation;
(d) a schedule for
submitting proposals for financial assurance for each portion of a mining
operation having a separate closeout plan deadline, which allows sufficient
time for review and comment prior to the final deadline, and which may include
submission prior to the closeout plan being deemed approvable; and
(e) a final date by which the closeout plan
must be approved and the financial assurance mechanism in place for each
portion of a mining operation having a separate closeout plan deadline; this
date should be as soon as feasible for each portion of a mining
operation.
(3) It is not
feasible for the applicant to obtain a closeout plan approval by December 31,
1999.
(4) Written concurrence is
obtained by the Director from the secretary of environment for a request that
will have an impact upon programs administered by the department of
environment. MMD may consult with other state and federal agencies in
determining the adequacy of the detailed schedule and request for extension.
(5) A public meeting to provide
information to the public and to receive public comment on the request for
extension has been held by the Director in the locality of the mining operation
requesting an extension of time. At least 30 days prior to the meeting, the
applicant shall make a copy of the request available for public inspection at a
public repository in the county where the mining operation is located. The
public meeting shall be held within 45 days of the applicant filing the request
for an extension, and notice of the meeting shall be approved by the Director
and given by the applicant at least 30 days prior to the meeting. The notice
shall include the date, time and place of the meeting and the information
identified in subsection A of 19.10.9.902 NMAC through subsection D of
19.10.9.902 NMAC, and shall meet requirements of subsection B of 19.10.9.903
NMAC through subsection H of 19.10.9.903 NMAC except that mailings may be sent
by first class mail.
E.
Any applicant who received an extension of time pursuant to Subsection D of
19.10.5.501 NMAC, and for which a public hearing on a closeout application has
been requested but will not be held pursuant to subsection A of 19.10.9.904.
NMAC prior to December 1, 2001 or for which a public hearing on a closeout
application was not requested, must have the closeout plan approved by the
Director by no later than October 1, 2002.
