N.M. Admin. Code § 19.8.4.402

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.8.4.402 - PROCEDURES: HEARING REQUIREMENTS

A. Within 10 months after receipt of a complete petition, the director shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The director shall make a verbatim transcript of the hearing.

B. Notification requirements.

(1) The director shall give notice of the date, time, and location of the hearing to:

(a) local, state, and federal agencies which may have an interest in the decision on the petition;

(b) the petitioner and the intervenors; and

(c) any person with an ownership or other interest known to the director in the area covered by the petition.

(2) Notice of the hearing shall be sent by certified mail and postmarked not less than 30 days before the scheduled date of the hearing.

C. The director shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement in the newspaper of general circulation in the county of the proposed surface coal mining and reclamation operations once a week for 2 consecutive weeks and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement must begin not more than 60 nor less than 30 days before the scheduled date of the public hearing.

D. The director may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

E. Prior to designating any land areas as unsuitable for surface coal mining operations, the director shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

F. In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

N.M. Admin. Code § 19.8.4.402

11-29-97; 19.8.4.402 NMAC - Rn, 19 NMAC 8.2.4.402, 9-29-2000; A, 12-31-2007