N.M. Admin. Code § 19.8.11.1100

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.11.1100 - PUBLIC NOTICES OF FILING OF PERMIT APPLICATIONS

A. An applicant applying for a permit shall place an advertisement in a newspaper of general circulation in the county of the proposed surface coal mining and reclamation operations, at least once a week for four consecutive weeks. The applicant shall place the advertisement in the newspaper at the same time the complete permit application is filed with the director. The advertisement shall contain, at a minimum, the following information:

(1) the name and business address of the applicant; and

(2) a map or description which shall:

(a) clearly show or describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

(b) clearly show or describe the exact location and boundaries of the proposed permit area;

(c) state the name of the U.S. geological survey 7.5-minute quadrangle map(s) which contains the area shown or described; and

(d) if a map is used, indicate the north point;

(3) the location where a copy of the application is available for public inspection under Subsection E of 19.8.11.1100 NMAC and a description of the information requested by the applicant to be held in confidence by the director;

(4) the name and address of the director to which written comments, objections or requests for informal conferences on the application may be submitted under 19.8.11.1101 through 1103 NMAC; and

(5) if an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate a public road, a concise statement describing the public road, the particular part to be relocated, where the relocation is to occur, and the duration of the relocation.

B. In addition to the requirements of Subsection A of 19.8.11.1100 NMAC, an applicant for a new permit or for a permit revision under 19.8.13.1301 NMAC shall submit, at the time of filing the application, a plan approved by the director to provide notice using at least three of the methods listed below. If the director determines that significant non-English speaking populations live within the general area of the proposed mine, the applicant shall include at least one method that seeks to reach these populations. The notice shall summarize the information listed in, and shall be given prior to the last publication of the notice in, Subsection A of 19.8.11.1100 NMAC. The methods may include:

(1) mailing a notice to the owners of record, as shown by the most recent property tax schedule, of all properties adjacent to the proposed permit area and to the owners of all properties containing a residence located within one-half mile (2640 feet) of the proposed permit area as identified in Subsection F of 19.8.7.701 NMAC;

(2) posting a notice in at least four publicly accessible and conspicuous places, including the entrance to the proposed operation if that entrance is publicly accessible and conspicuous;

(3) publishing a notice in a display ad at least three inches by four inches at a place in the newspaper calculated to give the general public the most effective notice; or

(4) broadcasting public service announcements on radio stations that serve the general permit area.

C. Upon receipt of a complete application for a permit, the director shall issue written notification of:

(1) the applicant's intention to mine a particularly described tract of land;

(2) the application number;

(3) where a copy of the application may be inspected; and

(4) where comments on the application may be submitted under 19.8.11.1101 NMAC.

D. The written notifications shall be sent to:

(1) federal, state, tribal and local government agencies with jurisdiction over or an interest in the area of the proposed operations, including, but not limited to, general governmental entities and fish and wildlife and historic preservation agencies;

(2) governmental planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

(3) sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas; and

(4) the federal or state governmental agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application; and

(5) all persons on a list maintained by the director of individuals and organizations who have requested notice of applications under the act and who have provided a surface or electronic mail address to the director.

E. Public inspection of the application.

(1) The applicant shall make a full copy of his complete application for a permit available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the director with the county clerk of the county where the mining is proposed to occur, or if approved by the director, at another equivalent public office, if it is determined that office will be more accessible to local residents than the county courthouse.

(2) The applicant shall file the copy of the complete application under Paragraph (1) of Subsection E of 19.8.11.1100 NMAC by the first date of newspaper advertisement of the application. The applicant shall file any subsequent revision of the application with the public office at the same time the revision is submitted to the director.

(3) The written notification shall be posted on a website maintained by the director after receipt of a complete application.

F. Public meeting. Within 60 days of receipt of a complete application for a new permit or a permit revision, the director shall hold a public meeting at a location near the proposed mining operation.

(1) The public meeting will serve as an opportunity for the director and applicant to inform the public of the proposed action and to provide an opportunity for the public to identify issues and concerns associated with the application.

(2) The director shall give notice at least fifteen days prior to the meeting date in a newspaper of general circulation and on radio stations serving the mine area.

(3) The director or his representative shall keep a record summarizing issues and concerns raised at the meeting.

(4) Any person attending the meeting may submit written comments to the director up to thirty days after the meeting.

N.M. Admin. Code § 19.8.11.1100

11-29-97; 19.8.11.1100 NMAC - Rn, 19 NMAC 8.2.11.1100, 9-29-2000; A, 4-28-2006; A, 12-31-2007