N.M. Admin. Code § 19.8.11.1109 - PERMIT APPROVAL OR DENIAL ACTIONS
A. The director shall approve, require
modification of, or deny all applications for permits under the act and 19.8.
NMAC on the basis of:
(1) complete
applications for permits and revisions or renewals thereof;
(2) public participation as provided for in
19.8.5 through 19.8.13 NMAC;
(3)
compliance with any applicable provisions of 19.8.10 NMAC; and
(4) processing and review of applications as
required by 19.8.11 NMAC.
B. The director shall take action as required
under Subsection A of
19.8.11.1109 NMAC, within the
following times.
(1) Initiation of regulatory
programs. Except as provided for in Paragraph (3) of Subsection B of
19.8.11.1109 NMAC and
19.8.5.501 NMAC, a complete
application submitted to the director within the time required by Subsection A
of 19.8.5.504 NMAC shall be processed
by the director so that an application is approved or denied:
(a) within eight months after the date of
approval of the state program; and
(b) if an informal conference has been held
pursuant to
19.8.11.1103 NMAC within 60 days
from the close of the conference.
(2) Subsequent permanent program
applications. Except as provided for in Paragraph (3) of Subsection B of
19.8.11.1109 NMAC, a complete
application submitted to the director after the time required in Subsection A
of 19.8.5.504 NMAC and in accordance
with NMAC shall be processed by the director, so that an application is
approved or denied within the following times:
(a) if an informal conference has been held
under 19.8.11.1103 NMAC within 60 days
of the close of the conference; or
(b) if no informal conference has been held
under Subsections A through D of
19.8.11.1103 NMAC then within a
reasonable time after the receipt by the director of the complete application,
the director will process the application; in establishing what is reasonable
time in which to approve or deny the application, the director shall take into
account the time needed for proper investigation of the proposed permit and
adjacent areas; the complexity of the application; and whether written
objections to or comments on the complete application have been filed with the
director.
(3)
Notwithstanding any of the foregoing provisions of
19.8.11.1109 NMAC, no time limit
under the act or
19.8.11.1109 NMAC requiring the
director to act shall be considered expired from the time the director
initiates a proceeding under Subsection E of
19.8.11.1105 NMAC until the final
decision of the director.
C. If an informal conference is held under
19.8.11.1103 NMAC, the director
shall give his written findings to the permit applicant and to each person who
is party to the conference, approving, modifying or denying the application in
whole, or in part, and stating the specific reasons therefore in the
decision.
D. If no such informal
conference, pursuant to Subsections A through D of
19.8.11.1103 NMAC, has been held,
the director shall give his written findings to the permit applicant,
approving, modifying or denying the application in whole, or in part, and
stating the specific reasons in the decision.
E. Simultaneously, the director shall:
(1) give a copy of his decision to:
(a) each person and government official who
filed a written objection or comment with respect to the application;
and
(b) the regional director of
the office of surface mining together with a copy of any permit issued by the
director; and
(2)
publish a summary of his decision in a newspaper of general circulation in the
county of the proposed surface coal mining and reclamation
operations.
F. Within 10
days after the granting of a permit, including the filing of the performance
bond or other equivalent guarantee which complies with 19.8.9.14 NMAC, the
director shall notify the county clerk of the county where the land to be mined
is located that a permit has been issued. The notice shall describe the
location of the permit area.
Notes
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