N.M. Code R. § 19.10.11.1101 – Inspections

A. The Director shall conduct on-site inspections on an irregular basis according to the following schedule:
(1) at least two per year at each active existing and new mining operation;
(2) at least one per year at each inactive existing and new mining operation;
(3) at least one per year following completion of all significant reclamation activities, but prior to release of financial assurance; and
(4) at least one within the initial permit year and subsequently as determined by the Director for each minimal impact mining operation and for each exploration operation.
B. When the Director determines that a mining operation is conducting significant reclamation, the inspection must be on an irregular basis averaging not less than one inspection per month.
C. Inspections shall occur without prior notice to the permittee or its agents or employees except for necessary on-site meetings with such persons.
D. To avoid duplication and assist in coordination with other state and federal agencies, the Director is authorized to allow other state and federal regulatory agencies to conduct the required inspections or for the Division to conduct inspections for other agencies if the Division has entered into a joint powers agreement with the agencies. The joint powers agreement shall provide that the enforcement action for violations noted during such inspection shall be conducted by the agency charged with the responsibility under the applicable state or federal law.
E. The Director or his authorized representative, without advance notice, shall:
(1) have the right of entry to, upon or through any mineral exploration, mining operation, or reclamation operation at any time to determine if the permittee is in compliance with the permit requirements and conditions; and
(2) at reasonable times, and without delay, have access to and copies of any records associated with permitting and compliance required by the Act, 19.10 NMAC, or the permit.
[7-12-94, 2-15-96, 7-31-97; 19.10.11.1101 NMAC – Rn, 19 NMAC 10.2.11.1101, 05-15-2001]