Current through Register Vol. 35, No. 24, December 23, 2024
A. A
revision to a permit shall be obtained:
(1)
for changes in the surface coal mining or reclamation operations described in
the original application and approved under the original permit, when such
changes constitute a significant departure from the method of conducting mining
or reclamation operations contemplated by the original permit; significant
departures as used herein include, but are not limited to:
(a) significant changes in the permit area
boundary;
(b) changes in the method
of extracting coal from the earth (e.g. change from surface to underground
mine);
(c) experimental practices
as that term is used in 19.8.10 NMAC and Section
69-25A-33 NMSA 1978 of the
act;
(d) changes which would
require a variance under
19.8.10.1003 NMAC;
(e) changes which may have an adverse effect
on the environment of a nature not originally covered by the approved permit;
or
(f) changes which may have an
effect on performance bond requirements.
(2) when required by an order issued under
19.8.13.1300 NMAC;
(3) in order to continue operation after the
cancellation or material reduction of the liability insurance policy,
capability or self-insurance performance bond, or other equivalent guarantee
upon which the original permit was issued; or
(4) as otherwise required by the act and 19.8
NMAC.
B. A permit
modification shall be obtained for all other changes to a permit that are not
classified as a permit revision.
C.
The operator may not implement any permit revision or permit modification
before obtaining the director's written approval.
D. The application for revision shall be
filed in accordance with the following:
(1)
the permittee shall submit the application to the director within the time
provided for in Paragraph (2) of Subsection B of
19.8.5.504 NMAC;
(2) applications for all types of revisions
of a permit shall contain:
(a) an
identification of the permit by permit number or other appropriate reference
which is the subject of the revision;
(b) a specific description of the requested
change in the terms of the permit;
(c) a specific description of any changes in
the mining and reclamation operation which may have an effect on performance
bond requirements; and
(d) such
other information as may be deemed necessary to the director to determine if
the proposed revision will comply with the act and 19.8 NMAC.
E. Hearing and notice
requirements.
(1) Permit revision. Any
application for a revision shall, at a minimum, be subject to the requirements
of 19.8.11 NMAC and 19.8.12 NMAC.
(2) Permit modification.
(a) Within 10 days after the filing of a
complete application for a permit modification, the director shall issue a
decision approving or denying the application in whole or in part. A written
copy of the decision shall be promptly provided to the permittee and to all
persons on a list maintained by the director who have requested notice of
applications under the act for the specific permit being modified.
(b) Within 30 days after the decision
notification required by Subparagraph (a) of Paragraph (2) of Subsection E of
19.8.1301 NMAC, the permittee or any person with an interest which is or may be
adversely affected may request a formal hearing in regard to the director's
decision, in accordance with
19.8.12.1200 NMAC.
F. An application for a
permit revision shall be reviewed by the director to determine whether a new or
updated determination of the probable hydrologic consequences as described in
Subsection C of
19.8.9.907 NMAC or a new or
updated assessment of the probable cumulative impacts as described in
Subsection C of
19.8.11.1106 NMAC shall be
required.
G. Any revisions which
propose significant departures in the experimental practice shall require
concurrence by the director of the office of surface mining. Revisions that do
not propose significant departures in the experimental practice shall not
require concurrence by the director of the office of surface mining.
H. The director shall approve or disapprove
the complete application for revision, in accordance with the requirements of
19.8.11 NMAC and Subsection B of
19.8.5.504 NMAC.
I. Any extensions to the area covered by a
permit, except for incidental boundary revisions, shall be made by application
for a new permit and shall not be approved under this part.
