N.M. Admin. Code § 19.10.4.402

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

Section 19.10.4.402 - PERMIT APPLICATION REQUIREMENTS

A. Six copies of an application for a permit shall be submitted to the Director. The Director may require additional copies for distribution by the Director to other governmental agencies.

B. All information submitted to the Director shall be made available for public inspection and copying at the Director's office, except as designated confidential. Information in the application which the applicant desires to keep confidential shall be clearly indicated and submitted separately from the rest of the application.

(1) If the operator designates as confidential an exploration map, financial information, information concerning the grade or location of ore reserves or trade secret information, the Director shall maintain the information as confidential and not subject to public records or disclosure laws.

(2) If a request is made for public review of the information held confidential, the Director shall notify the operator and provide a reasonable opportunity for substantiation of the claim that public disclosure of the information could harm the competitive position of the operator. If the claim of confidentiality is not substantiated to the satisfaction of the Director, the information shall be released.

(3) When a request is made for public review of information designated as confidential, the Director shall attempt to notify the operator within 24 hours of the request, and shall provide written notification by certified mail.

C. Each application shall be signed by an applicant or authorized agent of the applicant for the operation with the following certification made: I certify that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals responsible for obtaining the information, I believe the submitted information is true, accurate, and complete. Further, the applicant certifies that he is not in violation of any other obligation under the New Mexico Mining Act or 19.10 NMAC adopted pursuant to that Act.

D. Each application for a permit shall include:

(1) The name of the applicant.

(2) A listing of all parties, including addresses and telephone numbers, which have an ownership or controlling interest in the proposed exploration operation or submittal of the applicant's most recent 10K form required by the United States Securities and Exchange Commission, and a listing of all mining operations within the United States owned, operated or directly controlled by the applicant, owner or operator and by persons or entities that directly control the applicant and the names and addresses of regulatory agencies with jurisdiction over the environmental aspects of those operations and that could provide a compliance history for those operations over the preceding ten years.

(3) Copies of documents upon which the applicant bases his right to enter the property to conduct the exploration and reclamation.

(4) A map(s) and list, including names and addresses, of all owners of surface and mineral estates within the proposed permit area, as shown by the most recent county assessor's property tax schedule.

(5) A map at a scale of at least 1 inch equals 2,000 feet (1:24,000) showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show the boundary of the proposed permit area, proposed and existing roads, previously disturbed areas, occupied dwellings, and pipelines; existing bodies of surface water, springs, wetlands, and riparian areas; topographic and drainage features; and oil, gas and water wells on the permit area. Areas and types of proposed disturbance shall be indicated. The anticipated depth of each proposed method of exploration shall also be provided.

(6) A description of the exploration methods to be used, the minerals sought and the proposed dates during which exploration will be conducted.

(7) An estimate of the total number of acres to be disturbed by the operations, including new road construction and reconstruction of existing roads. Estimates must include:

(a) the width and length of any new roads to be constructed including culvert locations and sizes;

(b) the approximate depth and diameter of all drill holes; and

(c) the general dimensions of all trenches, pits, shafts, cuts, or other types of disturbances.

(8) A list of chemicals contemplated for use by the exploration operation and a detailed plan for the containment, use, and disposal of such chemicals.

(9) An estimate of depth to ground water and total dissolved solids concentration.

(10) A reclamation plan which shall address:

(a) a general description of the vegetation of the area to be disturbed and, if applicable, a detailed description of species and methods to be used during revegetation;

(b) all applicable performance and reclamation standards and requirements in 19.10.4.403 NMAC; and

(c) an estimate of the proposed financial assurance required by 19.10.12 NMAC.

(11) The applicant shall designate an agent and provide the agent's street address for the service of notices and orders from the Director. This information shall be kept current during the term of the permit.

(12) A copy of the proposed form of notices required under 19.10.9 NMAC.

(13) The permit fees as determined pursuant to 19.10.2 NMAC.

(14) Any additional information necessary for evaluation of the permit application as required by the Director.

E. To avoid duplication and conflicting requirements, the applicant may include information from environmental permits relevant to the application. Permits issued by other governmental agencies shall be accepted by the Director to the extent such permits satisfy the requirements of the Act and 19.10 NMAC.

F. The Director shall, after determining the application is complete, deliver copies of the application or appropriate sections (except those parts of the application designated confidential under Subsection B of 19.10.4.402 NMAC, provided, however, that the Director shall include with the application a list of the parts withheld and will provide such parts at an agency's specific request) to the following agencies which shall have 60 days in which to provide comments to the Director: the Environment Department; the Department of Game and Fish; the State Forestry Division; the State Historic Preservation Office; the State Engineer; if the operation is on state or federal land, the appropriate state or federal land management agency; and any other agency the Director deems appropriate.

N.M. Admin. Code § 19.10.4.402

7-12-94, 2-15-96; 19.10.4.402 NMAC - Rn, 19 NMAC 10.2.4.402, 05-15-2001