N.M. Admin. Code § 19.10.9.903

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

Section 19.10.9.903 - PUBLICATION REQUIREMENTS

The applicant shall provide the Director at the time of filing the application with the Director proof that notice of the application has been:

A. provided by certified mail to the owners of record, as shown by the most recent property tax schedule, of all properties within 1/2 mile of the property on which the mining, exploration or reclamation operation is located or is proposed to be located on or before the newspaper publication date required by Subsection C of 19.10.9.903 NMAC;

B. provided by certified mail to all municipalities and counties and tribal organizations within a 10 mile radius of the property on which the mining, exploration or reclamation operation is or is proposed to be located on or before the newspaper publication date required by Subsection C of 19.10.9.903 NMAC;

C. published once in a newspaper of general circulation in each county in which the property on which the mining, exploration or reclamation operation is or is proposed to be located; provided that this notice shall appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice, and shall be printed in both English and Spanish;

D. posted in at least four publicly accessible and conspicuous places on or before the newspaper publication date required by Subsection C of 19.10.9.903 NMAC, including the entrance to the new or existing mining operation or exploration operation if that entrance is publicly accessible and conspicuous;

E. mailed to the mineral lessor, if any, on or before the newspaper publication date required by Subsection C of 19.10.9.903 NMAC;

F. mailed to all persons who have made a written request to the Director for notice of this application on or before the newspaper publication date required by Subsection C of 19.10.9.903 NMAC;

G. mailed by certified mail to all persons on a list maintained by the Director of individuals and organizations who have requested notice of applications under this Act; and

H. mailed to the Environment Department, the State Engineer, the Department of Game and Fish, the Forestry Division and the State Historic Preservation Division.

I. When the application is determined to be administratively complete by the Director, the applicant shall provide to the Director timely proof that notice of that determination has been provided by first class mail to everyone who has indicated to the applicant in writing that they desire information regarding the application and to a list maintained by the Director of individuals and organizations who have requested notice of applications under this Act.

N.M. Admin. Code § 19.10.9.903

7-12-94, 2-15-96, 7-31-97; 19.10.9.903 NMAC - Rn, 19 NMAC 10.2.9.903, 05-15-2001