New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 11 - GEOTHERMAL RESOURCES DEVELOPMENT › Part 2 - PERMITS › Section 19.11.2.13 - PUBLIC NOTICE FOR PERMIT ACTIONS INVOLVING A GEOTHERMAL WELL OR FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Except for Paragraphs (1) and (2) of Subsection A of
				  19.11.2.13 NMAC, 19.11.2.13 NMAC does not apply to permit actions pursuant to
				  Subsection E of 19.11.2.10 NMAC or other approvals pursuant to 19.11.4.9
				  NMAC.
A. The division shall:
(1) make available for public inspection a
				list of all pending applications for permits or permit modifications or
				renewals;
(2) make available for
				public inspection the permit application and the division's draft permit and
				supporting analysis documentation; this material shall be available at the
				division's office; except those portions of which may be determined as
				confidential in accordance with 19.11.1.8 NMAC or the Inspection of Public
				Records Act, Section 14-2-1 et seq. NMSA 1978 (1993, as amended);
(3) subsequent to the division's production
				of a draft permit and supporting documentation, publish a public notice, on the
				division's website, which shall include: the division's name and address; the
				applicant's name and address, the location and brief description of the well or
				facility, a scope of the proposed operation and the division's preliminary
				intent to issue the permit at the end of the public notice period barring any
				substantive comments or new information or a permit hearing; the public notice
				shall identify the location of the permit application and division's draft
				permit and supporting analysis documentation for public review and describe the
				manner in which comments or evidence may be submitted to the division,
				including that persons must provide written comments or evidence to the
				division before the end of the 30 day public notice period; and a statement of
				the procedures for requesting a hearing on the application pursuant to
				19.11.3.8 NMAC;
(4) provide the
				public notice under Paragraph (3) of Subsection A of 19.11.2.13 NMAC by mail,
				which may include e-mail, to the applicant;
(5) deliver written notice by ordinary first
				class United States mail to federal and state agencies with jurisdiction over
				fish and wildlife resources and state and tribal historic preservation
				officers;
(6) deliver written
				notice by ordinary first class United States mail to the EPA and any agency
				which the division knows has issued or is required to issue a Resource
				Conservation and Recovery Act permit, an air quality permit, a national
				pollutant discharge elimination system permit, 404 permit or sludge management
				permit for the same facility or activity;
(7) deliver written notice by ordinary first
				class United States mail to any unit of local government having jurisdiction
				over the area where the well or facility is to be located and to any state
				agency have authority with respect to the construction or operation of the well
				or facility;
(8) deliver written
				notice by ordinary first class United States mail or e-mail to each person who
				has requested in writing to be notified of such permit applications,
				modifications or renewals;
(9)
				deliver written notice by ordinary first class United States mail or e-mail to
				persons on a mailing list developed by the division including those who request
				in writing to be on the list, soliciting persons for "area lists" from
				participants in past permit proceedings in that area and notifying the public
				of the opportunity to be put on the mailing list through periodic publications
				in the public press, etc.; and
(10)
				publishing notice in a newspaper of general circulation in the county where the
				geothermal well or facility is located or is proposed to be located or in a
				newspaper of general circulation in the state.