N.M. Admin. Code § 19.8.13.1301

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

Section 19.8.13.1301 - PERMIT REVISIONS

A. A revision to a permit shall be obtained:

(1) for changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when such changes constitute a significant departure from the method of conducting mining or reclamation operations contemplated by the original permit; significant departures as used herein include, but are not limited to:

(a) significant changes in the permit area boundary;

(b) changes in the method of extracting coal from the earth (e.g. change from surface to underground mine);

(c) experimental practices as that term is used in 19.8.10 NMAC and Section 69-25A-33 NMSA 1978 of the act;

(d) changes which would require a variance under 19.8.10.1003 NMAC;

(e) changes which may have an adverse effect on the environment of a nature not originally covered by the approved permit; or

(f) changes which may have an effect on performance bond requirements.

(2) when required by an order issued under 19.8.13.1300 NMAC;

(3) in order to continue operation after the cancellation or material reduction of the liability insurance policy, capability or self-insurance performance bond, or other equivalent guarantee upon which the original permit was issued; or

(4) as otherwise required by the act and 19.8 NMAC.

B. A permit modification shall be obtained for all other changes to a permit that are not classified as a permit revision.

C. The operator may not implement any permit revision or permit modification before obtaining the director's written approval.

D. The application for revision shall be filed in accordance with the following:

(1) the permittee shall submit the application to the director within the time provided for in Paragraph (2) of Subsection B of 19.8.5.504 NMAC;

(2) applications for all types of revisions of a permit shall contain:

(a) an identification of the permit by permit number or other appropriate reference which is the subject of the revision;

(b) a specific description of the requested change in the terms of the permit;

(c) a specific description of any changes in the mining and reclamation operation which may have an effect on performance bond requirements; and

(d) such other information as may be deemed necessary to the director to determine if the proposed revision will comply with the act and 19.8 NMAC.

E. Hearing and notice requirements.

(1) Permit revision. Any application for a revision shall, at a minimum, be subject to the requirements of 19.8.11 NMAC and 19.8.12 NMAC.

(2) Permit modification.

(a) Within 10 days after the filing of a complete application for a permit modification, the director shall issue a decision approving or denying the application in whole or in part. A written copy of the decision shall be promptly provided to the permittee and to all persons on a list maintained by the director who have requested notice of applications under the act for the specific permit being modified.

(b) Within 30 days after the decision notification required by Subparagraph (a) of Paragraph (2) of Subsection E of 19.8.1301 NMAC, the permittee or any person with an interest which is or may be adversely affected may request a formal hearing in regard to the director's decision, in accordance with 19.8.12.1200 NMAC.

F. An application for a permit revision shall be reviewed by the director to determine whether a new or updated determination of the probable hydrologic consequences as described in Subsection C of 19.8.9.907 NMAC or a new or updated assessment of the probable cumulative impacts as described in Subsection C of 19.8.11.1106 NMAC shall be required.

G. Any revisions which propose significant departures in the experimental practice shall require concurrence by the director of the office of surface mining. Revisions that do not propose significant departures in the experimental practice shall not require concurrence by the director of the office of surface mining.

H. The director shall approve or disapprove the complete application for revision, in accordance with the requirements of 19.8.11 NMAC and Subsection B of 19.8.5.504 NMAC.

I. Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit and shall not be approved under this part.

N.M. Admin. Code § 19.8.13.1301

11-29-97; 19.8.13.1301 NMAC - Rn, 19 NMAC 8.2.13.1301, 9-29-2000; A, 7-30-2004; A, 12-31-2007