1. A. If the applicant or operator has previously applied for a permit and the required information is already in AVS, then the applicant or operator may update the information as follows:

   (1) if all or part of the information already in AVS is accurate and complete, then the applicant or operator may certify to the director by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete, and up to date;

   (2) if part of the information in AVS is missing or incorrect, the applicant or operator must submit to the director the necessary information or corrections and swear or affirm, under oath and in writing, that the information the applicant or operator submitted is accurate and complete;

   (3) if the applicant or operator can neither certify that the data in AVS is accurate and complete nor make needed corrections, then the applicant or operator must include in his or her permit application the information required under 19.8.7.701 and 702 NMAC.

2. B. The applicant or operator must swear or affirm, under oath and in writing, that all information he or she provides in an application is accurate and complete.
3. C. The director may establish a central file to house the applicant’s or operator’s identity information, rather than place duplicate information in each permit application file. The director shall make the information available to the public upon request.

4. D. After the director approves an application, but before the director issues a permit, the applicant or operator must update, correct, or indicate that no change has occurred in the information previously submitted under 19.8.7.701 and 702 NMAC and 19.8.11.1121 NMAC.

   HISTORY OF 19.8.11 NMAC:

   Pre-NMAC History:

   The material in Part 11 was derived from that previously filed with the State Records Center and Archives under:

   SB 73-1 Regulations of the State of New Mexico Coal Surfacemining Commission, filed 1-10-73 and its amendment filed 8-4-76

   SB 78-1 (Rule 78-1) Regulations of the State of New Mexico Coal Surfacemining Commission, filed 8-31-78

   SB 79-1 (Rule 79-1) New Mexico Coal Surfacemining Regulations, filed 7-11-79

   CSMC Rule 80-1 (Rule 80-1) Surface Coal Mining Regulations, filed 9-24-80; and all amendments to CSMC Rule 80-1, filed 7-29-82, 11-10-83, 3-5-84, 7-19-84, filed 8-6-84, 8-23-84, 3-28-89, 6-15-90, 9-18-90, 2-15-91, 5-8-91, 8-26-91, 10-4-91, 7-28-92, 1-25-93, 11-1-94, 3-10-95, 4-12-95, 12-21-95.

   Other History:

   Renumbered and reformatted CSMC Rule 80-1, Surface Coal Mining Regulations (filed 9-24-80) to 19 NMAC 8.2, Coal Surface Mining, effective 11-29-1997.

   Renumbered 19 NMAC 8.2 Subpart 11 Review, Public Participation, and Approval or Disapproval of Permit Applications, Terms and Conditions (filed 11-13-97) to 19.8.11 NMAC Review, Public Participation, and Approval or Disapproval of Permit Applications, Terms and Conditions, effective 09-29-2000.

[19.8.11.1121 NMAC - N, 08-31-2010]