Current through Register Vol. 35, No. 6, March 26, 2024
A. An existing mining operation that
continues mining operations will not be considered a minimal impact existing
mining operation if it exceeds 10 acres of disturbed land, or 40 acres of
disturbed land in the case of dolomite, garnet, humate, perlite and zeolite
operations that:
(1) are located outside
Bernalillo, Dona Ana and Santa Fe counties; and
(2) are committed to perform concurrent
reclamation of disturbed areas to the extent practicable. Permanent roads and
areas within the permit area that are reclaimed will not be counted as part of
the acreage limitation for a minimal impact existing mining operation.
Reclaimed, for this purpose, means all financial assurance has been released,
except the amount held to re-establish vegetation pursuant to Subsection A of
19.10.12.1204
NMAC. Construction of roads and access ways, the types of disturbances, and the
applicant's previous history of compliance with the act and 19.10 NMAC will be
major factors in the director's determination of minimal impact status.
Notwithstanding the frequency for inspections of minimal impact mining
operations specified in Paragraph (4) of Subsection A of
19.10.11.1101 NMAC,
if a minimal impact operation permit is issued under this subsection for more
than 10 acres of disturbance, the director shall conduct on-site inspections at
least once per year during the term of the permit.
B. A minimal impact existing mining operation
that has discontinued or does not continue active mining operations may consist
of unlimited acres of disturbed land; however, sites with the following
characteristics will not be determined to be minimal impact operations:
(1) sites that exceed state or federal
standards for soil or water contamination from mining activities that are
subject to the act;
(2) sites
likely to create acid mine drainage; or
(3) sites where the applicant proposes to
seek a waiver from the usual reclamation requirements for a pit or waste
unit.
C. Timing of
applications and deadlines for approval for minimal impact existing mining
operations must be in accordance with 19.10.5.501 NMAC or 19.10.5.511
NMAC.
D. An applicant for a minimal
impact existing mining operation permit shall submit six copies of a completed
application form provided by the director. If the proposed operation is on
federal land, then information submitted to the federal land management agency
may be submitted with the application in lieu of providing duplicative
information on the form provided by the director. Any confidential information
shall be submitted separately in accordance with Subsection B of 19.10.5.502
NMAC. Any information that was submitted with the site assessment must be
updated to reflect current conditions.
E. The application shall include the
following information:
(1) the name and
address of the applicant, and if different, the name and address of the owner
of the operation and the land; a statement of the basis on which the applicant
has the right to enter the property to conduct the mining and
reclamation;
(2) the location of
the operation as shown on a topographic map which indicates the proposed permit
area with the existing and proposed area of disturbance and gives the location
of the following: the areas to be disturbed; perennial, intermittent and
ephemeral streams; springs; wetlands, riparian areas, lakes and reservoirs;
residences; existing and proposed roads; other access routes; support
facilities; cemeteries; burial grounds; cultural resources listed on either the
national register of historic places or the state
register of cultural properties; pipelines; and oil, gas and water
wells on and within one-half mile of the permit area;
(3) a general description of the minerals
sought, the methods of extraction, and any processing to be conducted on site;
any chemicals to be used on site must be identified;
(4) an estimate of depth to ground water and
total dissolved solids concentration;
(5) an explanation of why the proposed
operation qualifies as a minimal impact operation in accordance with 19.10
NMAC;
(6) a closeout plan, whether
submitted with the permit application or as a modification, shall include a
general description of how the permit area will be reclaimed to a condition
that allows for re-establishment of a self-sustaining ecosystem appropriate for
the life zone of the surrounding areas following closure unless conflicting
with the approved post-mining land use; each closeout plan must be developed to
meet the site-specific characteristics of the mining operations and the site;
the closeout plan must specify incremental work to be done within specific time
frames to accomplish the reclamation; and
(7) a list of other permits required for the
operation, and the anticipated schedule for receipt of these; and
(8) information necessary to meet other
requirements specified by the director which are necessary to meet the
definition of "minimal impact mining operation" in Paragraph (2) of Subsection
M of 19.10.1.7 NMAC or achieve reclamation.
F. The director shall determine the amount of
financial assurance appropriate for each operation based on the cost of
reclaiming the site by a third party. Operations less that 2 acres total
disturbance are not required to provide financial assurance.
G. The application must be accompanied by the
permit fee as required by 19.10.2 NMAC and a proposal for the required
financial assurance.
H. If the
permit area includes state or federally-owned lands, no permit will be issued
unless the appropriate land management agency has approved or acknowledged the
proposed operation, if such approval or acknowledgement is required by the
agency's rules.
I. The director
shall, after determining that the application is complete, deliver copies of
the application (except those parts of the application designated confidential
under Subsection B of 19.10.5.502 NMAC provided, however, that the director
shall include with the application a list of the parts withheld and will
provide such parts on specific request) to the agencies listed in Subsection E
of 19.10.5.506 NMAC which shall have 20 days in which to provide comments to
the director. The director shall consider comments from these agencies in
making his determination of eligibility for minimal impact status.
J. The director shall determine if an
operation is eligible for a minimal impact operation permit. The director may
conduct an evaluation or site visit which may include other agencies in making
this determination for operations that do not exceed 10 acres of disturbance.
In making this determination for operations with more than 10 acres of
disturbance, the director shall conduct an on-site inspection which may include
other agencies.
K. No permit for a
minimal impact operation will be issued until the director finds the following:
(1) the application is complete and
demonstrates the closeout plan will meet the performance and reclamation
standards and requirements Paragraphs (5) and (6) of Subsection E of
19.10.3.303 NMAC or provides a schedule for submitting such a plan in the
shortest time practicable;
(2) the
applicant has paid the permit fee;
(3) the applicant has provided satisfactory
financial assurance; and
(4) the
applicant has signed a notarized statement that he agrees to comply with the
requirements of the permit, 19.10 NMAC and the act and allows the director to
enter the permit area for the purpose of conducting inspections.
(5) the secretary of environment has provided
a written determination stating that the permit applicant has demonstrated that
the activities to be permitted or authorized will be expected to achieve
compliance with all applicable air, water quality and other environmental
standards if carried out as described in the closeout plan; this determination
will address applicable standards for air, surface water and ground water
protection enforced by the environment department or for which the environment
department is otherwise responsible; the determination shall be made within the
20-day period provided in Subsection I of 19.10.3.303 NMAC, or the requirement
is waived.
L.
Modifications to a permit are allowed pursuant to 19.10.5.505 NMAC including
modifications to incorporate a closeout plan. The term of a permit is governed
by 19.10.5.504 NMAC. Annual reports are required for each permit pursuant to
19.10.5.510 NMAC.
