New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 8 - COAL MINING › Part 36 - NEW MEXICO COAL SURFACE MINING REGULATIONS [CSMC 1979-1] › Section 19.8.36.10 - SUBMISSION AND APPROVAL OF MINING PLAINS

Current through Register Vol. 35, No. 13, July 16, 2024
A. At least 50 days prior to submitting a
				permit application accompanied by a mining plan, the operator shall file with
				the director a notice of its intent to do so. The notice shall include all of
				the information required by Section 2 [now 19.8.36.9 NMAC] above along with
				such other information as the operator may consider necessary or useful to the
				director.
B. Within 15 days after
				receipt of a notice of intent to submit a mining plan, the director shall
				establish the date and place of a hearing on the environmental impact of the
				proposed mining plan. The hearing shall be held in the county in which the
				mining is to be carried out.
C.
				Notice of the hearing on the environmental impact of the mining plan shall be
				given at least 20 days prior to the hearing, printed in a paper of general
				circulation in the county or counties in which the mining is to be carried out.
				The notice shall state the name of the operator, the area to be covered by the
				mining plan, the time and place of the hearing, and where the proposed mining
				plan and accompanying information shall be available for inspection and copying
				by the public at reasonable times.
D. Reasonable effort shall be made by the
				director to give notice to all persons who have made a written request for
				advance notice of environmental impact hearings.
E. Any person desiring to present evidence or
				give testimony at the environmental impact hearing on a proposed mining plan
				shall file a request to do so with the director at least ten days prior to the
				hearing. The director will transmit a copy of the request to the operator at
				least five days prior to the hearing. The request shall contain the name and
				address of the person desiring to participate and a plain and concise statement
				of the nature of the person's interests.
F. Any person who has filed a timely request
				to participate in a hearing on the environmental impact of a proposed mining
				plan shall be given reasonable time at the hearing to submit relevant evidence,
				data and views and shall be allowed to call and examine witnesses, introduce
				exhibits, cross-examine witnesses and submit rebuttal evidence.
G. The director may designate a hearing
				officer to take evidence at the hearing on the environmental impact of a
				proposed mining plan. The hearing officer so designated will preside and will
				have authority to direct the hearing, to examine witnesses and to make such
				rulings on evidence as may be necessary. The director shall maintain a verbatim
				record of said hearing and such record shall be a part of the record of the
				permit application hearing.
H.
				Within ten days after receipt of a permit application accompanied by a mining
				plan, the director shall establish a date for the permit application hearing to
				be held in Santa Fe.
I. Notice of
				the permit application hearing shall be given to the operator at least 15 days
				prior to the hearing.
J. Permit
				application hearings shall be conducted in accordance with the procedures set
				out in Section 8 [now 19.8.36.15 NMAC].