N.M. Admin. Code § 19.8.11.1106

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

Section 19.8.11.1106 - CRITERIA FOR PERMIT APPROVAL OR DENIAL

No permit or revision application shall be approved, unless the application affirmatively demonstrates and the director finds, in writing, on the basis of information set forth in the application or from information otherwise available, which is documented in the approval and made available to the applicant, that:

A. the permit application is accurate and complete and that all requirements of the act and 19.8 NMAC have been complied with;

B. the applicant has demonstrated that surface coal mining and reclamation operations, as required by the act and 19.8 NMAC, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

C. the assessment of the probable cumulative hydrological impacts (CHIA) of all anticipated coal mining in the cumulative impact area on the hydrologic balance, as described in Subsection C of 19.8.9.907 NMAC has been made by the director, and the operations proposed under the application have been designed to prevent damage to the hydrologic balance outside the proposed permit area;

D. the proposed permit area is:

(1) not included within an area designated unsuitable for surface coal mining operations under 19.8.3 and 4 NMAC; or

(2) not within an area under study for designation as unsuitable for surface coal mining operations in an administrative proceeding begun under 19.8.4 NMAC, unless the applicant demonstrates that, before January 4, 1977, he has made substantial legal and financial commitments in relation to the operation for which he is applying for a permit; or

(3) not within an area subject to the prohibitions of 19.8.2.201 NMAC.

E. the proposed operations will not adversely affect any publicly-owned parks or places included in the national register of historic places, except as provided for in Subsection A of 19.8.2.201 NMAC;

F. for operations involving the surface mining of coal where the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted to the director the documentation required under Subsection B of 19.8.7.703 NMAC;

G. the applicant has either:

(1) submitted the proof required by Paragraph (1) of Subsection C of 19.8.11.1105 NMAC; or

(2) made the demonstration required by Paragraph (2) of Subsection C of 19.8.11.1105 NMAC;

H. the applicant has submitted proof that all reclamation fees required for abandoned mine land reclamation under Section 402 of Public Law 95-87 have been paid;

I. the applicant or the operator, if other than the applicant, does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the act;

J. surface coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the proposed permit area;

K. the applicant will submit the performance bond or other equivalent guarantee required under 19.8.14 NMAC of these rules and regulations, prior to the issuance of the permit;

L. the applicant has, with respect to both prime farmland and alluvial valley floors, obtained either a negative determination or satisfied the requirements of 19.8.10.1004 and 1006 NMAC;

M. the proposed postmining land use of the permit area has been approved by the director in accordance with the requirements of 19.8.20.2073 NMAC;

N. the director has made all specific approvals required under 19.8.19 through 19.8.28 NMAC;

O. the director has found that the activities would not affect the continued existence of endangered or threatened species, indigenous to the state, or any other species protected under the Endangered Species Act of 1973, or result in the destruction or adverse modification of their critical habitats contrary to state or federal law;

P. the director has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the national register of historic places; this finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources or a documented decision that the director has determined that no additional protection measures are necessary.

N.M. Admin. Code § 19.8.11.1106

11-29-97; 19.8.11.1106 NMAC - Rn, 19 NMAC 8.2.11.1106, 9-29-2000; A, 1-15-2002; A, 4-28-2006; A, 12-31-2007