Current through Register Vol. 35, No. 6, March 26, 2024
A. A minimum of six copies of each
application for a permit under this Part shall be submitted to the Director.
The Director may require additional copies for distribution by the Director to
other governmental agencies with an interest in, or jurisdiction over, elements
of the proposed operation.
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 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.
D. Each application under this Part shall be
in a format acceptable to the Director and contain the following:
(1) The name of the applicant to whom the
permit will be issued.
(2) 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.
(3) A statement of the basis on which the
applicant has the right to enter the property to conduct the mining and
reclamation. The applicant will allow the Director to examine, if necessary,
the documents which establish such basis.
(4) The site assessment previously submitted
pursuant to Section
69-36-5
of the Act shall be considered part of the application. If information in the
site assessment requires updates to provide information necessary for
evaluation of the permit or if the site-specific conditions at the time of the
assessment significantly deviate from conditions at the time of submittal of
the permit application, such updated information or deviations must be
described in the application.
(5) A
map(s) showing all existing and proposed pits, shafts, adits, stockpiles, waste
units, impoundments, leach piles, processing facilities, and support facilities
such as office buildings. The map(s) shall identify the proposed permit area
and design limits of each unit of the operation.
(6) A description of undisturbed vegetation
including a comprehensive list of species and their relative abundance with
regards to cover and production.
(7) Evidence that other applicable state and
federal permits to be obtained either have been or will be issued before the
activities subject to those permits begin.
(8) The applicant shall designate an agent
and provide the agent's street address for the service of notices and orders in
writing from the Director. This information shall be kept current if a permit
is granted.
(9) A copy of the
proposed form of notices required under 19.10.9 NMAC.
(10) A permit fee as determined pursuant to
19.10.2 NMAC
(11) 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. Where physically separate but interrelated
mining operations are located in close proximity to each other and are under
the control of the same owner or operator, the applicant may request or the
Director may determine to issue one permit for all of the operations and
require only one permit application and closeout plan.
