New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.501 - TIMING OF SUBMITTAL AND DEADLINE FOR OBTAINING APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. An application for a permit for an
				existing mining operation shall be submitted by December 31, 1994.
B. The application shall include: a closeout
				plan; or a compliance schedule for completion of, within the shortest time
				practicable, a closeout plan, which shall be submitted no later than December
				31, 1995, unless the applicant requests an extension and the Director grants
				approval for good cause shown.
C.
				Every existing mining operation must have a permit and closeout plan approved
				by the Director by December 31, 1997 unless the Director grants a non-renewable
				extension of time not to exceed two years for good cause shown. Notwithstanding
				the preceding sentence, prior to December 31, 1999 the Director may grant an
				additional extension of time pursuant to Subsection D of 19.10.5.501
				NMAC.
D. At any time before
				September 22, 1999, an applicant may file a request for an additional
				non-renewable extension, which shall not extend beyond December 31, 2001. The
				application shall be filed in writing, with the Director. Upon receipt of the
				request, the Director shall provide a copy of the request to the department of
				environment which will have thirty days from receipt to provide comments. The
				Director shall approve the request for an extension if:
(1) The request is accompanied by a
				non-refundable application fee of $5,000.00 payable pursuant to subsection A of
				19.10.2.204 NMAC. The request will not be processed if the fee has not been
				paid.
(2) The request includes a
				detailed schedule of milestones and deliverables acceptable to the Director for
				obtaining closeout plan approval, which shall include:
(a) a schedule for carrying out supporting
				studies and submitting reports thereon;
(b) a description of steps to be taken for
				allowing public participation as provided in the Mining Act for Mining Act
				permits, closeout plans and revisions, taking into consideration public
				participation requirements under other authorities;
(c) a schedule for closeout plan approval for
				portions of the mining operation where approval is feasible prior to the final
				approval deadline, giving priority to completion of all studies and milestones
				necessary for prompt closeout plan approval for those portions of the mining
				operation;
(d) a schedule for
				submitting proposals for financial assurance for each portion of a mining
				operation having a separate closeout plan deadline, which allows sufficient
				time for review and comment prior to the final deadline, and which may include
				submission prior to the closeout plan being deemed approvable; and
(e) a final date by which the closeout plan
				must be approved and the financial assurance mechanism in place for each
				portion of a mining operation having a separate closeout plan deadline; this
				date should be as soon as feasible for each portion of a mining
				operation.
(3) It is not
				feasible for the applicant to obtain a closeout plan approval by December 31,
				1999.
(4) Written concurrence is
				obtained by the Director from the secretary of environment for a request that
				will have an impact upon programs administered by the department of
				environment. MMD may consult with other state and federal agencies in
				determining the adequacy of the detailed schedule and request for extension.
(5) A public meeting to provide
				information to the public and to receive public comment on the request for
				extension has been held by the Director in the locality of the mining operation
				requesting an extension of time. At least 30 days prior to the meeting, the
				applicant shall make a copy of the request available for public inspection at a
				public repository in the county where the mining operation is located. The
				public meeting shall be held within 45 days of the applicant filing the request
				for an extension, and notice of the meeting shall be approved by the Director
				and given by the applicant at least 30 days prior to the meeting. The notice
				shall include the date, time and place of the meeting and the information
				identified in subsection A of 19.10.9.902 NMAC through subsection D of
				19.10.9.902 NMAC, and shall meet requirements of subsection B of 19.10.9.903
				NMAC through subsection H of 19.10.9.903 NMAC except that mailings may be sent
				by first class mail.