N.M. Code R. § 19.10.5.504 – Permit Term

A. The permittee shall maintain a permit until financial assurance is released under 19.10.12 NMAC.
B. A permit shall be reviewed by the Director and may be required to be modified or revised for any of the following:
(1) additional applicable requirements under the Act or 19.10 NMAC; or
(2) the Director determines that the permit contains a material mistake or that inaccurate statements were made in establishing the terms or conditions of the permit.
C. After this review, the Director shall notify the permittee of any required modifications or revisions of the permit necessary to ensure compliance with the Act and 19.10 NMAC. If an approvable application for the required modifications or revisions has not been made within 90 days of the date of initial notification, the Director may order cessation of the mining operations.
D. The Director shall periodically review the amount of financial assurance filed with the Director under 19.10.12 NMAC. The Director may require adjustments to the amount of financial assurance to reflect inflationary increases or increases in the anticipated costs of reclamation.
E. If the permit area contains property owned by the federal or state government, the expiration or termination of the government's authorization for the permittee to conduct mining operations on the property automatically suspends the permittee's authority to continue mining operations on the property, though not necessarily closeout plan operations, by the permit issued under 19.10 NMAC.
[7-12-94, 2-15-96; 19.10.5.504 NMAC - Rn, 19 NMAC 10.2.5.504, 05-15-2001]