Current through Register Vol. 35, No. 6, March 26, 2024
A.
Validity
(1) Operators must have a valid
permit prior to commencing operations.
(2) A general permit for operations not
occurring in intermittent streams, perennial streams or other bodies of water
is valid for a period of one year once the applicant has submitted a signed
copy of the general permit application to the Director.
(3) For general permit operations occurring
in intermittent streams, perennial streams or other bodies of water, the permit
is valid for a period of one year once the applicant submits a signed copy of
the general permit to the Director and the Environment Department sends the
Director a copy of a certification from the Environment Department stating that
water quality standards are expected to be met if the operation is conducted as
described.
(4) General permits must
be submitted for renewal at least 10 days prior to expiration.
B. Mining operations not occurring
in intermittent streams, perennial streams or other bodies of water may apply
to the Director for a general permit if they meet the following requirements:
(1) the operation does not have any of the
disqualifying characteristics listed in Subsection M, Paragraph 2,
Subparagraphs a through i of 19.10.1.7 NMAC
(2) not excavate greater than 200 cubic yards
per year, with no more than 25 cubic yards and no more than 2 acres of
unreclaimed surface disturbance at any time with all new disturbances including
roads included in these amounts. For the purposes of this paragraph
"unreclaimed" means the failure to meet the commitments of Subsection D,
Paragraph 2, Subparagraphs b through d of 19.10.3.301 NMAC; and
(3) not cause a discharge of process water or
drilling mud.
C. Mining
operations occurring in intermittent streams, perennial streams or other bodies
of water may apply to the Director for a general permit if they meet the
following requirements:
(1) the operation
does not have any of the disqualifying characteristics listed in Subsection M,
Paragraph 2, Subparagraphs b through i of 19.10.1.7 NMAC.
(2) not excavate greater than 2 cubic yards
per day and 100 cubic yards per year;
(3) maintain a distance of at least 50 yards
from other mining operations;
(4)
not excavate into stream banks; and
(5) not drill
D. An application for a general permit shall
be on the form approved by the Director and will include the following:
(1) The name and address of the operator, and
location of the operation;
(2) A
commitment from the applicant to comply with the following requirements:
(a) not to exceed the applicable
characteristics of Subsection B of 19.10.3.301 NMAC or Subsection C of
19.10.3.301 NMAC;
(b) regrade the
disturbed area to blend into and compliment the drainage pattern of the
surrounding terrain upon cessation of operations;
(c) revegetate the disturbed area with a seed
mix appropriate for the surrounding area upon cessation of
operations;
(d) minimize erosion
and sedimentation by use of best management practices;
(e) safeguard against hazards to the health
and safety of humans and domestic animals;
(f) agree that the operation is subject to
the inspection, enforcement and penalty provisions of 19.10.11 NMAC;
(g) provide information necessary to meet
other requirements specified by the Director which are necessary to meet the
definition of "minimal impact mining operation" Subsection M, Paragraph 2 of
19.10.1.7 NMAC or achieve reclamation;
(h) agree to complete the requirements of
Subsection D, Paragraph 2, Subparagraphs b through e of 19.10.3.301 NMAC prior
to expiration of the permit; and
(i) comply with applicable state and federal
requirements and standards; and
(3) A signed statement by the operator
agreeing to allow the Director to inspect the operation, and to follow the
terms of the general permit.
E. Operations meeting the general permit
provisions are not required to provide financial assurance. An application fee
of $50.00 is required. General permit inspections are at the Discretion of the
Director.
F. Operations not
excluded from the Act or not eligible for a general permit must meet the
requirements of the definition of "Minimal impact mining operation" in
19.10.1.7 NMAC in addition to the specific requirements set forth below for
each type of operation in order to be granted minimal impact status. If the
operation does not meet minimal impact status it must be permitted in
accordance with 19.10.4 NMAC, 19.10.5 NMAC or 19.10.6 NMAC.
