New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.606 - PERMIT APPROVAL OR DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The Director may issue a permit subject to conditions necessary to meet the
				requirements of the Act and 19.10 NMAC.
B. No permit shall be issued until the
				Director finds, in writing, that:
(1) The
				permit area will achieve a self-sustaining ecosystem appropriate for the life
				zone of the surrounding areas following closure unless conflicting with the
				approved post-mining land use.
(2)
				The applicant has provided evidence that all other applicable state and federal
				permits required to be obtained by the new mining operation either have been or
				will be issued before the activities subject to those permits begin.
(3) The Secretary of the Environment
				Department has provided a written determination stating that the permit
				applicant has demonstrated that the activities to be permitted or authorized
				will be expected to achieve compliance with all applicable air, water quality
				and other environmental standards if carried out as described in the permit
				application. This determination shall address applicable standards for air,
				surface water and ground water protection enforced by the Environment
				Department, or for which the Environment Department is otherwise
				responsible.
(4) The permit
				application is complete.
(5) The
				permit application fee, and any fees for the environmental evaluation, have
				been paid and the financial assurance is adequate and has been
				provided.
(6) Reclamation in
				accordance with the proposed reclamation plan is economically and technically
				feasible.
(7) The mining or
				reclamation operation is designed to meet, without perpetual care, all
				applicable environmental requirements following closure.
(8) The applicant, the operator or owner or
				any persons or entities directly controlled by the applicant, operator, owner
				or any persons or entities that directly control the applicant, operator or
				owner:
(a) Are not currently in violation of
				the terms of another permit issued by the Division or in violation of any
				substantial environmental law or substantive environmental regulation at a
				mining operation in the United States, which violation is unabated and is not
				the subject of appeal, and have not forfeited or had forfeited financial
				assurance required for any mining, reclamation or exploration permit in the
				United States. For purposes of this Section, a substantial environmental law or
				substantive environmental regulation is one which is intended to protect
				natural resources from degradation and does not include violations of
				recordkeeping or reporting requirements. If a violation occurred prior to the
				initiation of a legal relationship between the permit applicant and the
				violator, it shall not be considered for this purpose; and
(b) Have not demonstrated a pattern of
				willful violations of the Act or other New Mexico environmental statutes. If a
				violation occurred prior to the initiation of a legal relationship between the
				permit applicant and the violator, it shall not be considered for this
				purpose.
(9) An
				environmental evaluation has been prepared which meets the requirements of
				Section
				69-36-9 of the
				Act.
(10) If the proposed mining
				operation is on state or federal lands, the appropriate land management agency
				approves the proposed mining operation if approval by the land management
				agency is required under that agency's regulations.
(11) The public participation requirements of
				19.10.9 NMAC have been met.
(12)
				The applicant has submitted a notarized statement that he agrees to comply with
				the performance and reclamation standards and requirements of the permit, the
				Act, and 19.10 NMAC and allows the Director to enter the permit area without
				delay until release of the financial assurance.