N.M. Admin. Code § 19.8.11.1104

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

Section 19.8.11.1104 - PUBLIC AVAILABILITY OF INFORMATION IN PERMIT APPLICATIONS ON FILE WITH THE DIRECTOR

A. Information contained in permit applications on file with the director shall be open, upon written request, for public inspection and copying at reasonable times except for:

(1) information pertaining to coal seams, test borings, core samplings, or soil samples in permit applications shall be made available for inspection and copying to any person with an interest which is or may be adversely affected;

(2) information in permit applications which pertains only to the analysis of the chemical and physical properties of the coal to be mined (excepting information regarding mineral or elemental contents of such coal, which are potentially toxic in the environment) shall be kept confidential and not made a matter of public record; and

(3) information in the reclamation plan portions of the application, which is required to be filed with the director under Section 69-25A-12 NMSA 1978, and which is not otherwise a public record, shall be held in confidence by the director upon the written request of the applicant;

(4) information on the nature and location of archaeological resources on the public land and Indian land as required under the Archaeological Resources Protection Act of 1979 ( Pub. L. 96-95, 93 Stat. 721, 16 U.S.C. 470);

(5) information required to be kept confidential shall be clearly identified by the applicant and submitted separately from other portions of the application.

B. Information requested to be held as confidential under 19.8.11.1104 NMAC shall not be made publicly available until after notice and opportunity to be heard is afforded both persons seeking and opposing disclosure of the information.

N.M. Admin. Code § 19.8.11.1104

11-29-97; 19.8.11.1104 NMAC - Rn, 19 NMAC 8.2.11.1104, 9-29-2000; A, 4-28-2006