N.M. Admin. Code § 20.7.7.23
Current through Register Vol. 35, No. 23, December 10, 2024
Section 20.7.7.23 - PUBLIC, FEDERAL AGENCY, AND OTHER STATE AGENCY INVOLVEMENTA. NMED shall make diligent efforts to involve the public in the environmental review process consistent with program regulations and State Clearinghouse for Intergovernmental Review policies on public participation. The responsible official shall ensure that public notice is provided and shall ensure that public involvement is carried out following state policies and guidelines on public participation.B. General. It is NMED's policy that certain public participation steps be achieved before NMED completes the environmental review process. At a minimum, potential applicants shall conduct one public hearing prior to formal adoption of a facilities plan to discuss the proposed facilities plan and any needed mitigation measures.C. Publication of notices of intent. As soon as practicable after a decision is rendered to issue a categorical exclusion or FONSI, or to prepare an EIS (but before the signing process), the responsible official shall send the notice of intent to interested and affected members of the public, and shall publish the notice of intent in a newspaper of general circulation in the community of the project.D. The responsible official shall not take administrative action on the project for at least 30 calendar days after release of the notice of determination on the categorical exclusion or release of the FONSI to allow time for public response.E. EIS. The responsible official shall follow, as applicable, procedures identified at 40 CFR, Part 6, Subpart B, for official filing requirements, availability of documents, commenting process, and supplements to the EIS.F. Record of Decision. The responsible official shall disseminate the record of decision to those parties which commented on the draft or final EIS. One copy shall be submitted to EPA.G. Scope. The responsible official may institute additional NEPA-related public participation procedures as are deemed necessary during the environmental review process.N.M. Admin. Code § 20.7.7.23
10-22-88; 11-30-95; 20.7.7.23 NMAC - Rn, 20 NMAC 7.7.309 & A, 7/16/2000, Adopted by New Mexico Register, Volume XXXI, Issue 05, March 10, 2020, eff. 3/10/2020