N.M. Admin. Code § 19.10.5.511 - PRIOR RECLAMATION
A. The
owner or operator of an existing mining operation who has completed some or all
reclamation measures prior to July 12, 1994 may apply for an inspection of the
reclaimed areas prior to August 31, 1994. This application shall be deemed to
satisfy the deadline for a permit application for the areas covered as provided
in Subsection A of 19.10.5.501 NMAC.
B. The Director shall release the owner or
operator from further requirements of the Act and 19.10 NMAC if, after an
inspection of the reclaimed areas, he determines that the reclamation measures
satisfy the requirements of the Act and the substantive requirements for
reclamation pursuant to 19.10 NMAC. The Director shall make the determination
as soon as practicable, but not later than September 30, 1995. If the Director
determines the reclamation measures do not satisfy the requirements of the Act
and the substantive requirements for reclamation pursuant to 19.10 NMAC then,
unless previously submitted, a permit application and closeout plan shall be
submitted within 6 months after the owner or operator receives notice of the
determination.
Notes
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