N.M. Admin. Code § 19.8.6.603

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

Section 19.8.6.603 - APPLICATIONS: APPROVAL OR DISAPPROVAL OF EXPLORATION OF MORE THAN 250 TONS

A. The director shall act upon a completed application for approval within 45 days.

B. The director shall approve a complete application filed in accordance with this part, if he finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application:

(1) will be conducted in accordance with the act, 19.8.19 NMAC and these rules and regulations;

(2) will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 and the Wildlife Conservation Act, Sections 17-3-17 et. seq. NMSA 1978 and the laws relating to the protection of New Mexico native plants including Sections 76-8-1 through 76-8-4 NMSA 1978 or result in the destruction of adverse modification of critical habitat of those species and will also comply with the Habitat Protection Act, Sections 17-6-1 et. seq. NMSA 1978;

(3) will not adversely affect any districts, sites, buildings, structures, or objects listed on the national register of historic places unless the proposed exploration has been approved by both the director and the agency with jurisdiction over such matters;

(4) with respect to exploration activities on any lands protected under 19.8.2.201 NMAC, will minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations; before making this finding, the director must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of 19.8.2.201 NMAC, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 19.8.2.201 NMAC, to comment on whether the finding is appropriate.

C. Terms of approval. Each approval issued by the director shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with the act, 19.8.19 NMAC and 19.8.1 through 19.8.35 NMAC.

D. The granting of written approval to conduct exploration shall in no way be construed to ensure the issuance of a permit to conduct surface coal mining and reclamation operations under 19.8.5 NMAC.

N.M. Admin. Code § 19.8.6.603

11-29-97; 19.8.6.603 NMAC - Rn, 19 NMAC 8.2.6.603, 9-29-2000; A, 1-15-2001; A, 12-31-2007