N.M. Admin. Code § 19.10.5.503 - PERMIT APPROVAL REQUIREMENTS
A. Unless a proposed closeout plan is
submitted with the permit application, the following procedure shall be
followed. If a closeout plan is submitted with the permit application, the
requirements of 19.10.5.506 NMAC shall also be met.
B. As soon as practicable after receipt of a
permit application, the Director shall notify the applicant in writing whether
the application is complete. If the application is not complete, the notice
shall specify the items missing from the application.
C. The Director shall deliver copies of the
complete application or appropriate sections (except those parts of the
application designated confidential under Subsection B of 19.10.5.502,
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 Environment Department, the Office of the State Engineer,
Department of Game and Fish, the State Forestry Division, the State Historic
Preservation Office, and the state or federal land management agency, if
applicable, for their information.
D. Within 30 days of receipt of a notice from
the Director that the application is complete, the applicant shall, in a form
approved by the Director, give public notice of the application pursuant to
19.10.9 NMAC.
E. An application for
a permit under 19.10.5 NMAC shall be approved or denied within six months after
the application has been determined to be complete.
F. The Director shall approve the application
and issue the permit if he finds that:
(1)
The application contains all of the information required, including a closeout
plan or a proposed compliance schedule for submittal of a closeout plan within
the shortest time practicable.
(2)
The applicant has provided written information stating the name and official
business address of the applicant and its agent for service of
process.
(3) The applicant has
provided the required signature and certification on the application.
(6) The
applicant has submitted a notarized statement signed by the applicant that he
agrees to comply with the performance standards and reclamation requirements of
the permit, 19.10 NMAC, and the Act and allows the Director to enter the permit
area without delay during mining and reclamation.
Notes
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