N.M. Admin. Code § 19.8.34.3402 - APPLICATION REQUIREMENTS AND PROCEDURES
A. New operations.
(1) Any person who plans to commence or
continue coal extraction after October 1, 1995, in reliance on the incidental
mining exemption shall file a complete application for exemption with the
director for each mining area.
(2)
No person may commence coal extraction based upon the exemption until the
director approves such application, except as provided in Paragraph (3) of
Subsection E of
19.8.34.3402 NMAC.
B. Existing operations. Any person
who has commenced coal extraction at a mining area in reliance upon the
incidental mining exemption prior to October 1, 1995, may continue mining
operations for 60 days after October 1, 1995. Coal extraction may not continue
after such 60 day period unless that person files an administratively complete
application or exemption with the director. If an administratively complete
application is filed within 60 days the person may continue extracting coal in
reliance on the exemption beyond the 60-day period until the director makes an
administrative decision on such application.
C. Additional information. The director shall
notify the applicant if the application for exemption is incomplete and may at
any time require submittal of additional information.
D. Public comment period. Following
publication of the newspaper notice required by Subsection I of
19.8.34.3403 NMAC, the director
shall provide a period of no less than 30 days during which time any person
having an interest which is or may be adversely affected by a decision on the
application may submit written comments or objections.
E. Exemption determination.
(1) No later than 90 days after filing of an
administratively complete application, the director shall make a written
determination whether, and under what conditions, the persons claiming the
exemption are exempt under this part, and shall notify the applicant and
persons submitting comments on the application of the determination and the
basis for the determination.
(2)
The determination of exemption shall be based upon information contained in the
application and any other information available to the director at that
time.
(3) If the director fails to
provide an applicant with the determination as specified in Paragraph (1) of
Subsection E of
19.8.34.3402 NMAC, an applicant
who has not begun may commence coal extraction pending a determination on the
application unless the director issues an interim finding, together with
reasons therefore, that the applicant may not begin coal extraction.
F. Administrative review.
(1) Any adversely affected person may request
administrative review of a determination under Subsection E of
19.8.34.3402 NMAC within 30 days
of the notification of such determination in accordance with procedures
established under
19.8.12.1200 NMAC.
(2) A petition for administrative review
filed under
19.8.12.1200 NMAC shall not
suspend the effect of a determination under Subsection E of
19.8.34.3402 NMAC.
Notes
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