Current through Register Vol. 35, No. 6, March 26, 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.
