Current through Register Vol. 35, No. 6, March 26, 2024
A. A minimal impact new mining operation will
not exceed 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. Pre-existing roads and reclaimed acres within the permit area will
not be counted as part of the acreage limitation for a minimal impact new
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. In
determining whether a proposed operation with between 10 and 40 acres of
disturbed land is eligible for a minimal impact new mining permit, the director
shall conduct a site visit that may include other agencies in accordance with
Subsection I of 19.10.3.304 NMAC. 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. Timing of applications and deadline for
approval for minimal impact new mining operations must be in accordance with
19.10.6.601 NMAC.
C. An applicant
for a minimal impact new mining operation permit shall submit six copies of a
completed application on a form to be provided by the director. If the proposed
operation is on federal land, then the 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 19.10.6.602 NMAC.
D. 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 proposed operation as shown on a topographic map which indicates the
proposed permit area 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 1/2 mile of the permit
area;
(3) a listing of other
environmental permits held by the applicant for other mining operations within
the United States and any violations issued for non-compliance with those
permits;
(4) 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;
(5) an estimate of
depth to ground water and total dissolved solids concentration;
(6) an explanation of why the proposed
operation qualifies as a minimal impact operation in accordance with 19.10
NMAC;
(7) a general description of
how the operation will meet the following performance standards:
(a) the mining and reclamation operation
shall be designed and operated using the most appropriate technology and best
management practices;
(b) the
mining and reclamation operation shall assure protection of human health and
safety, the environment, wildlife and domestic animals;
(c) measures will be taken to safeguard the
public from unauthorized entry into shafts, adits and tunnels and to prevent
falls from highwalls or pit edges; depending on site-specific characteristics,
the following measures shall be required:
(i)
closing shafts, adits or tunnels to prevent entry;
(ii) posting warning signs, and restricting
access to hazardous areas; and
(iii) posting a sign at the main entrances
giving a telephone number of a person to call in the event of
emergencies;
(d) the
disturbed area shall not contribute suspended solids above background levels,
or where applicable the water quality control commission's standards, to
intermittent and perennial streams; and
(e) mining and reclamation operations shall
be conducted to control erosion;
(8) a general description of how the
operation will be operated and reclaimed to a self-sustaining ecosystem
appropriate for the life zone of the surrounding areas following closure unless
conflicting with the approved post-mining land use;
(9) a list of other permits required for the
operation, and the anticipated schedule for receipt of these; and
(10) information necessary to meet other
requirements specified by the director which are necessary to meet the
definition of "minimal impact mining operation" Paragraph (2) of Subsection M
of 19.10.1.7 NMAC or achieve reclamation.
E. 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 than two acres total
disturbance are not required to provide financial assurance.
F. The application must be accompanied by the
permit fee as required by 19.10.2 NMAC and a proposal for the required
financial assurance.
G. 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.
H. 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 19.10.6.602 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 C
of 19.10.6.605 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.
I. 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.
J. No permit for a
minimal impact operation will be issued until the director finds the following:
(1) the application is complete and
demonstrates the proposed operation will comply with the performance and
reclamation standards and requirements of Paragraphs (6) through (8) of
Subsection D of 19.10.3.304 NMAC;
(2) the applicant has paid the permit
fee;
(3) the applicant has provided
satisfactory financial assurance;
(4) the applicant, the operator or owner or
any persons or entities directly controlled by the applicant, operator, owner
or any persons or entities that directly control the applicant, operator or
owner:
(a) are not currently in violation of
the terms of another permit issued by the division or in violation of any
substantial environmental law or substantive regulation at a mining operation
in the United States, which violation is unabated and is not the subject of
appeal, and have not forfeited or had forfeited financial assurance required
for any mining, reclamation or exploration permit in the United States; for
purposes of this subparagraph, a substantial environmental law or substantive
regulation is one which is intended to protect natural resources from
degradation and does not include violations of record-keeping or reporting
requirements; if a violation occurred prior to the initiation of a legal
relationship between the permit applicant and the violator, it shall not be
considered for this purpose; and
(b) have not demonstrated a pattern of
willful violations of the act or other New Mexico environmental statutes; if a
violation occurred prior to the initiation of a legal relationship between the
permit applicant and the violator, it shall not be considered for this purpose;
and
(5) 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 until release of the
financial assurance;
(6) 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 shall 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
H of 19.10.3.304 NMAC, or the requirement is waived.
K. The term of a permit is governed by
19.10.6.607 NMAC. Modifications to a permit are allowed pursuant to 19.10.6.608
NMAC. Annual reports are required for each permit pursuant to 19.10.6.610
NMAC.
