N.M. Admin. Code § 19.8.4.401 - PROCEDURES: INITIAL PROCESSING, RECORD-KEEPING AND NOTIFICATION REQUIREMENTS
A.
Initial processing.
(1) Within 30 days of
receipt of a petition, the director shall notify the petitioner by certified
mail whether or not the petition is complete under Subsection B of
19.8.4.400 NMAC or Subsection C of
19.8.4.400 NMAC.
(2) The director shall determine whether any
identified coal resources exist in the area covered by the petition, without
requiring any showing from the petitioner. If the director finds there are not
any identified coal resources in that area, he shall return the petition to the
petitioner with a statement of the findings.
(3) The director may reject petitions for
designations or terminations of designations which are frivolous. Once the
requirements of
19.8.4.400 NMAC are met, no party
shall bear any burden of proof, but each accepted petition shall be considered
and acted upon by the director pursuant to the procedures of this
part.
(4) When considering a
petition for an area which was previously and unsuccessfully proposed for
designation, the director shall determine if the new petition presents new
allegations of facts. If the petition does not contain new allegations of
facts, the director shall not consider the petition and shall return the
petition to the petitioner, with a statement of his findings and a reference to
the record of the previous designation proceedings where the facts were
considered.
(5) If the director
determines that the petition is incomplete or frivolous, he shall return the
petition to the petitioner, with a written statement of the reasons for the
determination and the categories of information needed to make the petition
complete.
(6) The director shall
notify the person who submits a petition of any application for a permit
received which proposes to include any area covered by the petition.
(7) Any petitions received after the close of
the public comment period on a permit application relating to the same mine
plan area shall not prevent the director from issuing a decision on that permit
application. The director may return any petition received thereafter to the
petitioner with a statement why the director cannot consider the petition. For
the purposes of this section, close of the public comment period shall mean at
the close of any informal conference held under
19.8.11.1103 NMAC, or, if no
conference is requested, at the close of the period for filing written comments
and objections under 19.8.11.1101 and 1102 NMAC.
B. Public notice.
(1) Promptly after a petition is received,
the director shall notify the general public of the receipt of the petition and
request submissions of relevant information by a newspaper advertisement placed
once a week for two consecutive weeks in a newspaper of general circulation in
the county or counties in the area covered by the petition.
(2) Within three weeks after the
determination that a petition is complete, the director shall circulate copies
of the petition to, and request submissions of relevant information from other
interested governmental agencies, the petitioner, intervenors, persons with an
ownership interest of record in the property, other persons known to the
director to have an interest in the property, and shall notify the general
public, through the publication of a notice in the New Mexico state register,
of the receipt of a petition to designate lands unsuitable for
mining.
(3) Within three weeks
after the determination that a petition is complete, the director shall notify
the general public of the receipt of the petition and request submissions of
relevant information by a newspaper advertisement placed once a week for two
consecutive weeks in a newspaper of general circulation in the county or
counties in the area covered by the petition.
C. Until three days before the director holds
a hearing under
19.8.4.402 NMAC, any person may
intervene in the proceeding by filing allegations of facts, supporting
evidence, a short statement identifying the petition to which the allegations
pertain, and the intervenor's name, address and telephone number.
D. Beginning immediately after a complete
petition is filed, the director shall compile and maintain a record consisting
of all documents relating to the petition filed with or prepared by the
director. The director shall make the record available for public inspection
free of charge, and copying at reasonable cost, during all normal business
hours.
Notes
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