Current through Register Vol. 35, No. 24, December 23, 2024
A. The director
shall act upon a completed application for approval within 45 days.
B. The director shall approve a complete
application filed in accordance with this part, if he finds, in writing, that
the applicant has demonstrated that the exploration and reclamation described
in the application:
(1) will be conducted in
accordance with the act, 19.8.19 NMAC and these rules and
regulations;
(2) will not
jeopardize the continued existence of an endangered or threatened species
listed pursuant to Section 4 of the Endangered Species Act of 1973 and the
Wildlife Conservation Act, Sections
17-3-17 et. seq. NMSA 1978 and the
laws relating to the protection of New Mexico native plants including Sections
76-8-1 through
76-8-4 NMSA 1978 or result in the
destruction of adverse modification of critical habitat of those species and
will also comply with the Habitat Protection Act, Sections
17-6-1 et. seq. NMSA
1978;
(3) will not adversely affect
any districts, sites, buildings, structures, or objects listed on the national
register of historic places unless the proposed exploration has been approved
by both the director and the agency with jurisdiction over such
matters;
(4) with respect to
exploration activities on any lands protected under
19.8.2.201 NMAC, will minimize
interference, to the extent technologically and economically feasible, with the
values for which those lands were designated as unsuitable for surface coal
mining operations; before making this finding, the director must provide
reasonable opportunity to the owner of the feature causing the land to come
under the protection of
19.8.2.201 NMAC, and, when
applicable, to the agency with primary jurisdiction over the feature with
respect to the values that caused the land to come under the protection of
19.8.2.201 NMAC, to comment on
whether the finding is appropriate.
C. Terms of approval. Each approval issued by
the director shall contain conditions necessary to ensure that the exploration
and reclamation will be conducted in compliance with the act, 19.8.19 NMAC and
19.8.1 through 19.8.35 NMAC.
D. The
granting of written approval to conduct exploration shall in no way be
construed to ensure the issuance of a permit to conduct surface coal mining and
reclamation operations under 19.8.5 NMAC.
