New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION
Section 19.8.7.701 - IDENTIFICATION OF INTERESTS

Universal Citation: 19 NM Admin Code 19.8.7.701

Current through Register Vol. 35, No. 18, September 24, 2024

An application shall contain the following information, except that the submission of a social security number is voluntary:

A. a statement as to whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity;

B. the name, address, telephone number and, as applicable, social security number and employer identification number of the:

(1) applicant;

(2) applicant's resident agent; and

(3) person who will pay the abandoned mine land reclamation fee;

C. for each person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in Subsection O of 19.8.1.107 NMAC of these rules, as applicable:

(1) the person's name, address, telephone number, social security number and employer identification number;

(2) the person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

(3) the title of the person's position, date position was assumed, and when submitted under Subsection C of 19.8.11.1120 NMAC, date of departure from the position;

(4) each additional name and identifying number, including employer identification number, federal or state permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five years preceding the date of the application; and

(5) the application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States;

D. for any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in Subsection O of 19.8.1.107 NMAC, the operation's:

(1) name, address, identifying numbers, including employer identification number, federal or state permit number and MSHA number, the date of issuance of the MSHA number, and the regulatory authority; and

(2) ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

E. the name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined;

F. the name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area and the owner of record and residents of all dwellings and structures on and within one-half mile (2640 feet) of any part of the proposed permit area;

G. the mine safety and health administration (MSHA) numbers for all mine-associated structures that require MSHA approval;

H. a statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application; if requested by the applicant, any information required by this section which is not on public file pursuant to state law shall be held in confidence by the director, as provided under Subsection B of 19.8.6.606 NMAC;

I. after an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under Subsections A through D of 19.8.7.701 NMAC;

J. the applicant shall submit the information required by this section and 19.8.7.702 NMAC in any format prescribed by the director, that is approved by OSM.

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