APPROVAL OR DENIAL:

1. A. The director shall, upon the basis of a complete application for renewal and completion of all procedures required under 19.8.13.1303 and 1304 NMAC, issue a renewal of a permit, unless it is established and written findings by the director are made that:

   (1) the terms and conditions of the existing permit are not being satisfactorily met;

   (2) the present surface coal mining and reclamation operations are not in compliance with the environmental protection standards under the act and 19.8.19 NMAC through 19.8.28 NMAC;

   (3) the requested renewal substantially jeopardizes the operator's continuing responsibility to comply with the act and 19.8 NMAC on existing permit areas;

   (4) the operator has not provided evidence that any performance bond required to be in effect for the operations will continue in full force and effect for the proposed period of renewal, as well as any additional bond the director might require pursuant to 19.8.14 NMAC; or

   (5) any additional revised or updated information required by the director has not been provided by the applicant.

2. B. In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal.
3. C. The director shall send copies of his decision to the applicant, any persons who filed objections or comments to the renewal, and to any persons who were parties to any informal conference held on the permit renewal.

4. D. Any person having an interest which is or may be adversely affected by the decision of the director shall have the right to administrative and judicial review set forth in 19.8.12 NMAC.

   [11-29-97; 19.8.13.1305 NMAC - Rn, 19 NMAC 8.2.13.1305, 9-29-2000; A, 12-31-2007]