New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 10 - NON-COAL MINING
Part 6 - NEW MINING OPERATIONS
Section 19.10.6.606 - PERMIT APPROVAL OR DENIAL
Universal Citation: 19 NM Admin Code 19.10.6.606
Current through Register Vol. 35, No. 6, March 26, 2024
A. The Director may issue a permit subject to conditions necessary to meet the requirements of the Act and 19.10 NMAC.
B. No permit shall be issued until the Director finds, in writing, that:
(1) The
permit area will achieve a self-sustaining ecosystem appropriate for the life
zone of the surrounding areas following closure unless conflicting with the
approved post-mining land use.
(2)
The applicant has provided evidence that all other applicable state and federal
permits required to be obtained by the new mining operation either have been or
will be issued before the activities subject to those permits begin.
(3) The Secretary of the Environment
Department has provided a written determination stating that the permit
applicant has demonstrated that the activities to be permitted or authorized
will be expected to achieve compliance with all applicable air, water quality
and other environmental standards if carried out as described in the permit
application. This determination shall address applicable standards for air,
surface water and ground water protection enforced by the Environment
Department, or for which the Environment Department is otherwise
responsible.
(4) The permit
application is complete.
(5) The
permit application fee, and any fees for the environmental evaluation, have
been paid and the financial assurance is adequate and has been
provided.
(6) Reclamation in
accordance with the proposed reclamation plan is economically and technically
feasible.
(7) The mining or
reclamation operation is designed to meet, without perpetual care, all
applicable environmental requirements following closure.
(8) The applicant, the operator or owner or
any persons or entities directly controlled by the applicant, operator, owner
or any persons or entities that directly control the applicant, operator or
owner:
(a) Are not currently in violation of
the terms of another permit issued by the Division or in violation of any
substantial environmental law or substantive environmental regulation at a
mining operation in the United States, which violation is unabated and is not
the subject of appeal, and have not forfeited or had forfeited financial
assurance required for any mining, reclamation or exploration permit in the
United States. For purposes of this Section, a substantial environmental law or
substantive environmental regulation is one which is intended to protect
natural resources from degradation and does not include violations of
recordkeeping or reporting requirements. If a violation occurred prior to the
initiation of a legal relationship between the permit applicant and the
violator, it shall not be considered for this purpose; and
(b) Have not demonstrated a pattern of
willful violations of the Act or other New Mexico environmental statutes. If a
violation occurred prior to the initiation of a legal relationship between the
permit applicant and the violator, it shall not be considered for this
purpose.
(9) An
environmental evaluation has been prepared which meets the requirements of
Section
69-36-9 of the
Act.
(10) If the proposed mining
operation is on state or federal lands, the appropriate land management agency
approves the proposed mining operation if approval by the land management
agency is required under that agency's regulations.
(11) The public participation requirements of
19.10.9 NMAC have been met.
(12)
The applicant has submitted a notarized statement that he agrees to comply with
the performance and reclamation standards and requirements of the permit, the
Act, and 19.10 NMAC and allows the Director to enter the permit area without
delay until release of the financial assurance.
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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