Applications filed with the director shall be accompanied by a fee determined under the following schedule:

1. A. The permit application fee for an existing mining operation shall be determined by adding:

   (1) $1,000.00 base fee;

   (2) $15.00 per acre for the first 50 acres of land expected to be disturbed over the life of the mine (design limits) for surface disturbance, plus $5.00 per acre for all such land over 50 acres;

   (3) a fee determined in accordance with 19.10.2.203 NMAC; and

   (4) if a closeout plan is submitted with the initial application, an additional fee will be assessed in accordance with Subsection K of 19.10.2.201 NMAC.

2. B. The permit application fee for a new mining operation shall be determined by adding:

   (1) $5,000.00 base fee;

   (2) $200.00 per acre for the first 50 acres of land expected to be disturbed over the life of the mine (design limits) for surface disturbance, plus $40.00 per acre for all such land over 50 acres;

   (3) a fee determined in accordance with 19.10.2.203 NMAC; and

   (4) in addition, any cost associated with the preparation of an environmental evaluation by a third party shall be paid for by the applicant.

3. C. The initial application fee for an existing minimal impact mining operation is $250.00. If a closeout plan is submitted with the initial application, an additional fee of $250.00 will be assessed.
4. D. The initial application fee for a new minimal impact mining operation is $1,000.00.
5. E. The fee for an exploration permit is $1,000.00.
6. F. The fee for a minimal impact exploration permit is $500.00.
7. G. The fee for transferring a permit is $250.00.
8. H. The fee is $1,000.00 for a non-minimal impact operation permit modification which is not a revision.
9. I. The fee for a minimal impact operation modification is $250.00.
10. J. The fee for each permit revision, excluding revisions for closeout plans, is $5,000.00.

11. K. The fee for a permit revision for a closeout plan for an existing mining operation shall be determined by the following table. Acreage calculations must be based on total existing and proposed disturbance as described in the closeout plan.

    (1) > 0 to 10 acres $750

    (2) > 10 to 30 acres $1,500

    (3) > 30 to 100 acres $3,000

    (4) > 100 to 300 acres $4,500

    (5) > 300 to 3,000 acres $6,000

    (6) > 3,000 to 10,000 acres $7,500

    (7) > 10,000 acres $9,000

12. L. The fee for a permit modification for a closeout plan for a minimal impact existing mine is $250.00.
13. M. The fee for each application for a variance is $500.00.
14. N. The director may waive application fees for a variance, modification, revision, or transferring a permit that requires little or no cost for investigation and issuance.

15. O. The application fee to determine whether a mine or a portion of a mine qualifies for prior reclamation is $250.00. The fee shall be paid at the time an inspection is requested.

    [7-12-94, 11-15-95, 12-15-95, 2-15-96; 19.10.2.201 NMAC - Rn, 19 NMAC 10.2.2.201, 05-15-2001; A, 03-16-09]