N.M. Admin. Code § 19.8.13.1307

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

Section 19.8.13.1307 - TRANSFER, ASSIGNMENT OR SALE OF PERMIT RIGHTS: OBTAINING APPROVAL

A. Any person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit issued shall, pursuant to the act and 19.8 NMAC, prior to the date of such transfer, assignment or sale:

(1) obtain the performance bond coverage of the original permittee by:

(a) obtaining transfer of the original bond;

(b) obtaining a written agreement with the original permittee and all subsequent successors in interest (if any) that the bond posted by the original permittee and all successors shall continue in force on all areas affected by the original permittee and all successors, and supplementing such previous bonding with such additional bond as may be required by the director. If such an agreement is reached, the director may authorize for each previous successor and the original permittee the release of any remaining amount of bond in excess of that required by the agreement;

(c) providing sufficient bond to cover the original permit in its entirety from inception to completion of reclamation operations; or

(d) such other methods as would provide that reclamation of all areas affected by the original permittee is assured in an amount required by 19.8.14 NMAC.

(2) provide the director with an application for approval of such proposed transfer, assignment, or sale, including:

(a) the name and address of the existing permittee;

(b) the name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that person's resident agent;

(c) for surface mining activities, the same information as is required by 19.8.7.701, 702, 703, 704.C, 706 and 707 NMAC for applications for new permits for those activities; or

(d) for underground mining activities, the same information as is required by Subparagraph (c) of Paragraph (2) of Subsection A of 19.8.13.1307 NMAC for applications for new permits for those activities.

(3) obtain the written approval of the director for transfer, assignment or sale of rights according to Subsection C of 19.8.13.1307 NMAC.

B. Public notice and comment period.

(1) The person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the county of the proposed surface coal mining and reclamation operations, indicating the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent under this paragraph.

(2) Any person whose interests are or may be adversely affected, including, but not limited to, the head of any local, state, tribal or federal government agency may submit written comments on the application for approval to the director within 30 days.

C. The director may, upon the basis of the applicant's compliance with the requirements of Subsections A and B of 19.8.13.1307 NMAC, grant written approval for the transfer, sale, or assignment of rights under a permit, if he first finds, in writing, that:

(1) the person seeking approval will conduct the operations covered by the permit in accordance with the criteria specified in the act, 19.8.10 NMAC and 19.8.11.1106 through 1108 NMAC.

(2) the applicant has, in accordance with Paragraph (1) of Subsection A of 19.8.13.1307 NMAC, submitted a performance bond or other guarantee as required by 19.8.14 NMAC and at least equivalent to the bond or other guarantee of the original permittee; and

(3) the applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until he has obtained a new permit or a revised permit in accordance with the act and 19.8 NMAC.

(4) the applicant is eligible to receive a permit in accordance with Subsection C of 19.8.11.1105 NMAC.

D. The director shall notify the permittee, the successor in interest, commenters and the director of the office of surface mining of his findings.

E. The successor in interest shall immediately provide notice to the director of the consummation of the transfer, assignment or sale of permit rights.

N.M. Admin. Code § 19.8.13.1307

11-29-97; 19.8.13.1307 NMAC - Rn, 19 NMAC 8.2.13.1307, 9-29-2000; A, 1-15-2002; A, 12-31-2007