Current through Register Vol. 35, No. 6, March 26, 2024
A. The director shall approve, require
modification of, or deny all applications for permits under the act and 19.8.
NMAC on the basis of:
(1) complete
applications for permits and revisions or renewals thereof;
(2) public participation as provided for in
19.8.5 through 19.8.13 NMAC;
(3)
compliance with any applicable provisions of 19.8.10 NMAC; and
(4) processing and review of applications as
required by 19.8.11 NMAC.
B. The director shall take action as required
under Subsection A of 19.8.11.1109 NMAC, within the following times.
(1) Initiation of regulatory programs. Except
as provided for in Paragraph (3) of Subsection B of 19.8.11.1109 NMAC and
19.8.5.501 NMAC, a complete application submitted to the director within the
time required by Subsection A of 19.8.5.504 NMAC shall be processed by the
director so that an application is approved or denied:
(a) within eight months after the date of
approval of the state program; and
(b) if an informal conference has been held
pursuant to 19.8.11.1103 NMAC within 60 days from the close of the
conference.
(2)
Subsequent permanent program applications. Except as provided for in Paragraph
(3) of Subsection B of 19.8.11.1109 NMAC, a complete application submitted to
the director after the time required in Subsection A of 19.8.5.504 NMAC and in
accordance with NMAC shall be processed by the director, so that an application
is approved or denied within the following times:
(a) if an informal conference has been held
under 19.8.11.1103 NMAC within 60 days of the close of the conference;
or
(b) if no informal conference
has been held under Subsections A through D of 19.8.11.1103 NMAC then within a
reasonable time after the receipt by the director of the complete application,
the director will process the application; in establishing what is reasonable
time in which to approve or deny the application, the director shall take into
account the time needed for proper investigation of the proposed permit and
adjacent areas; the complexity of the application; and whether written
objections to or comments on the complete application have been filed with the
director.
(3)
Notwithstanding any of the foregoing provisions of 19.8.11.1109 NMAC, no time
limit under the act or 19.8.11.1109 NMAC requiring the director to act shall be
considered expired from the time the director initiates a proceeding under
Subsection E of 19.8.11.1105 NMAC until the final decision of the
director.
C. If an
informal conference is held under 19.8.11.1103 NMAC, the director shall give
his written findings to the permit applicant and to each person who is party to
the conference, approving, modifying or denying the application in whole, or in
part, and stating the specific reasons therefore in the decision.
D. If no such informal conference, pursuant
to Subsections A through D of 19.8.11.1103 NMAC, has been held, the director
shall give his written findings to the permit applicant, approving, modifying
or denying the application in whole, or in part, and stating the specific
reasons in the decision.
E.
Simultaneously, the director shall:
(1) give
a copy of his decision to:
(a) each person
and government official who filed a written objection or comment with respect
to the application; and
(b) the
regional director of the office of surface mining together with a copy of any
permit issued by the director; and
(2) publish a summary of his decision in a
newspaper of general circulation in the county of the proposed surface coal
mining and reclamation operations.
F. Within 10 days after the granting of a
permit, including the filing of the performance bond or other equivalent
guarantee which complies with 19.8.9.14 NMAC, the director shall notify the
county clerk of the county where the land to be mined is located that a permit
has been issued. The notice shall describe the location of the permit
area.
