N.M. Admin. Code § 19.11.2.13 - PUBLIC NOTICE FOR PERMIT ACTIONS INVOLVING A GEOTHERMAL WELL OR FACILITY
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.
B. The applicant shall:
(1) upon receipt of the division's public
notice, provide written notice, by certified mail, return receipt requested, of
the division's public notice to the adjacent surface owners within one-half
mile, water rights owners with a well that is within one mile and any
geothermal resource owners or lessees within five miles of the geothermal well
or facility;
(2) mail notice by
ordinary first class United States mail or e-mail to all local, state, federal
or tribal governmental agencies that own property within five miles of the
geothermal well or facility; and
(3) provide the division with proof that the
applicant has met the public notice requirements of Paragraphs (1) and (2) of
Subsection B of
19.11.2.13 NMAC prior to the
division scheduling a hearing, if any, pursuant to
19.11.3.8 NMAC or issuing the
permit.
Notes
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