N.M. Code R. § 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.
(4) A permit application fee as determined pursuant to 19.10.2 NMAC has been paid.
(5) The public participation requirements of 19.10.9 NMAC have been met.
(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.
[7-12-94, 2-15-96; 19.10.5.503 NMAC - Rn, 19 NMAC 10.2.5.503, 05-15-2001]