N.M. Admin. Code § 19.11.2.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 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.

N.M. Admin. Code § 19.11.2.13

Adopted by New Mexico Register, Volume XXIX, Issue 04, February 27, 2018, eff. 2/27/2018