New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 11 - REVIEW, PUBLIC PARTICIPATION, AND APPROVAL OR DISAPPROVAL OF PERMIT APPLICATIONS, TERMS AND CONDITIONS
Section 19.8.11.1104 - PUBLIC AVAILABILITY OF INFORMATION IN PERMIT APPLICATIONS ON FILE WITH THE DIRECTOR
Universal Citation: 19 NM Admin Code 19.8.11.1104
Current through Register Vol. 35, No. 24, December 23, 2024
A. Information contained in permit applications on file with the director shall be open, upon written request, for public inspection and copying at reasonable times except for:
(1) information pertaining
to coal seams, test borings, core samplings, or soil samples in permit
applications shall be made available for inspection and copying to any person
with an interest which is or may be adversely affected;
(2) information in permit applications which
pertains only to the analysis of the chemical and physical properties of the
coal to be mined (excepting information regarding mineral or elemental contents
of such coal, which are potentially toxic in the environment) shall be kept
confidential and not made a matter of public record; and
(3) information in the reclamation plan
portions of the application, which is required to be filed with the director
under Section
69-25A-12 NMSA 1978, and which is
not otherwise a public record, shall be held in confidence by the director upon
the written request of the applicant;
(4) information on the nature and location of
archaeological resources on the public land and Indian land as required under
the Archaeological Resources Protection Act of 1979 ( Pub. L. 96-95, 93 Stat.
721,
16 U.S.C.
470);
(5) information required to be kept
confidential shall be clearly identified by the applicant and submitted
separately from other portions of the application.
B. Information requested to be held as confidential under 19.8.11.1104 NMAC shall not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.
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