N.M. Admin. Code § 19.10.5.501 - TIMING OF SUBMITTAL AND DEADLINE FOR OBTAINING APPROVAL

A. An application for a permit for an existing mining operation shall be submitted by December 31, 1994.

B. The application shall include: a closeout plan; or a compliance schedule for completion of, within the shortest time practicable, a closeout plan, which shall be submitted no later than December 31, 1995, unless the applicant requests an extension and the Director grants approval for good cause shown.

C. Every existing mining operation must have a permit and closeout plan approved by the Director by December 31, 1997 unless the Director grants a non-renewable extension of time not to exceed two years for good cause shown. Notwithstanding the preceding sentence, prior to December 31, 1999 the Director may grant an additional extension of time pursuant to Subsection D of 19.10.5.501 NMAC.

D. At any time before September 22, 1999, an applicant may file a request for an additional non-renewable extension, which shall not extend beyond December 31, 2001. The application shall be filed in writing, with the Director. Upon receipt of the request, the Director shall provide a copy of the request to the department of environment which will have thirty days from receipt to provide comments. The Director shall approve the request for an extension if:

(1) The request is accompanied by a non-refundable application fee of $5,000.00 payable pursuant to subsection A of 19.10.2.204 NMAC. The request will not be processed if the fee has not been paid.

(2) The request includes a detailed schedule of milestones and deliverables acceptable to the Director for obtaining closeout plan approval, which shall include:

(a) a schedule for carrying out supporting studies and submitting reports thereon;

(b) a description of steps to be taken for allowing public participation as provided in the Mining Act for Mining Act permits, closeout plans and revisions, taking into consideration public participation requirements under other authorities;

(c) a schedule for closeout plan approval for portions of the mining operation where approval is feasible prior to the final approval deadline, giving priority to completion of all studies and milestones necessary for prompt closeout plan approval for those portions of the mining operation;

(d) a schedule for submitting proposals for financial assurance for each portion of a mining operation having a separate closeout plan deadline, which allows sufficient time for review and comment prior to the final deadline, and which may include submission prior to the closeout plan being deemed approvable; and

(e) a final date by which the closeout plan must be approved and the financial assurance mechanism in place for each portion of a mining operation having a separate closeout plan deadline; this date should be as soon as feasible for each portion of a mining operation.

(3) It is not feasible for the applicant to obtain a closeout plan approval by December 31, 1999.

(4) Written concurrence is obtained by the Director from the secretary of environment for a request that will have an impact upon programs administered by the department of environment. MMD may consult with other state and federal agencies in determining the adequacy of the detailed schedule and request for extension.

(5) A public meeting to provide information to the public and to receive public comment on the request for extension has been held by the Director in the locality of the mining operation requesting an extension of time. At least 30 days prior to the meeting, the applicant shall make a copy of the request available for public inspection at a public repository in the county where the mining operation is located. The public meeting shall be held within 45 days of the applicant filing the request for an extension, and notice of the meeting shall be approved by the Director and given by the applicant at least 30 days prior to the meeting. The notice shall include the date, time and place of the meeting and the information identified in subsection A of 19.10.9.902 NMAC through subsection D of 19.10.9.902 NMAC, and shall meet requirements of subsection B of 19.10.9.903 NMAC through subsection H of 19.10.9.903 NMAC except that mailings may be sent by first class mail.

E. Any applicant who received an extension of time pursuant to Subsection D of 19.10.5.501 NMAC, and for which a public hearing on a closeout application has been requested but will not be held pursuant to subsection A of 19.10.9.904. NMAC prior to December 1, 2001 or for which a public hearing on a closeout application was not requested, must have the closeout plan approved by the Director by no later than October 1, 2002.

Notes

N.M. Admin. Code § 19.10.5.501

7-12-94, 2-15-96, 9-15-99; 19.10.5.501 NMAC - Rn, 19 NMAC 10.2.5.501, 05-15-2001; A, 12-28-01