N.M. Admin. Code § 19.10.12.1210 - RELEASE OF FINANCIAL ASSURANCE
A. Release Application.
(1) The permittee may file an application
with the director for the release of all or part of the financial assurance.
The permittee may file applications per year for each permit.
(2) The application shall describe the
reclamation or closeout measures completed and shall contain an estimate of the
cost of reclamation that has not been completed.
(3) At the time the release application is
fled with the director, the permittee shall submit proof that the notice of
application has been provided in accordance with
19.10.9.902 NMAC and
19.10.9.903 NMAC. The notice shall
be considered part of any release application and shall contain: the
permittee's name; permit number and approval date; notification of the precise
location of the real property affected; the number of acres; the type and
amount of the financial assurance fled and the portion sought to be released;
the type and appropriate dates of reclamation or closeout plan performed; a
description of the results achieved as they relate to the permittee's approved
reclamation or closeout plan; and the name and address of the director, to whom
written comments, objections, or requests for public hearings on the specific
financial assurance release may be submitted pursuant to Subsection C of
19.10.12.1210 NMAC.
(4) The director shall promptly provide
notice of receipt of the application for release of all or part of the
financial assurance to the environment department, the office of the state
engineer, the department of game and fish, the forestry division, the state
historic preservation division, other agencies he deems appropriate, and if the
operation is on state or federal land, to the appropriate state or federal land
management agency.
B.
Inspection by director. Upon receipt of the complete financial assurance
release application, the director shall, within 30 days, or as soon thereafter
as weather conditions permit, conduct an inspection and evaluation of the
reclamation or closeout measures completed. The evaluation shall consider,
among other factors, the degree of difficulty to complete any remaining
reclamation. The surface owner or lessor of the real property, other state and
federal agencies as listed in Subsection A, Paragraph 4 of
19.10.12.1210 NMAC above, and any
other persons who have requested advance notice of the inspection shall be
given notice of such inspection and may be present at the release inspection as
may any other interested members of the public. The director may arrange with
the permittee to allow access to the permit area, upon request by any person
with an interest in the financial assurance release, for the purpose of
gathering information relevant to the proceeding.
C. Public Hearing.
(1) Within 30 days from the date of the
inspection, a person with an interest that is or will be adversely affected by
the proposed financial assurance release may file written objections to the
proposed release with the director. If written objections are fled and a
hearing is requested, the director shall inform all persons who have requested
notice of hearings and persons who have fled written objections in regard to
the application of the time and place of the hearing at least 30 days in
advance of the public hearing. The hearing shall be held in the locality of the
permit area proposed for release.
(2) The date, time and location of the public
hearing shall be advertised by the director in a newspaper of general
circulation in the locality of the permit area once a week for two consecutive
weeks. All persons who have submitted a written request in advance to the
director to receive notices of hearings shall be provided notice at least 30
days prior to the hearing. The hearing procedures of
19.10.9.905 NMAC shall be
followed.
D. Within 45
days from the inspection, if no public hearing is held pursuant to Subsection C
of 19.10.12.1210 NMAC, or, within 45
days after a public hearing has been held pursuant to Subsection C of
19.10.12.1210 NMAC, the director
shall notify in writing the permittee, the surety or other persons with an
interest in the collateral who have requested notification under
19.10.12.1208 NMAC and the persons
who either fled objections in writing or participants in the hearing
proceedings who supplied their addresses to the director, if any, of the
decision whether to release all or part of the financial assurance.
E. The director may release all or part of
the financial assurance for the entire permit area or incremental area if the
director is satisfied that the reclamation or closeout plan or a phase of the
reclamation or closeout plan covered by the financial assurance, or portion
thereof, has been accomplished in accordance with the act, 19.10 NMAC, and the
permit.
F. If the director denies
the release application or portion thereof, the director shall notify the
permittee, the surety, and any person with an interest in collateral as
provided for in Subsection C, Paragraph 4 of
19.10.12.1208 NMAC, in writing,
stating the reasons for disapproval and recommending corrective actions
necessary to secure the release.
G.
The director may approve an application for release of financial assurance for
a minimal impact operation without public notice or
hearing.
Notes
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