Current through Register Vol. 35, No. 6, March 26, 2024
A. A permit modification or revision will not
be granted unless the Director determines that the proposed modification or
revision meets the requirements of 19.10.5 NMAC.
B. Revisions are modifications that require
public notice and an opportunity for public hearing pursuant to 19.10.9 NMAC.
The Director shall review each request for a permit modification to determine
whether it must be processed as a revision.
(1) The Director shall consider the following
factors and their level of impact to determine whether a permit modification
would have a significant environmental impact:
(a) Whether the proposed change would
authorize an expansion of design limits beyond that currently authorized by the
permit that:
(i) Would be located in or is
expected to have a direct surface impact on wetlands, springs, perennial or
intermittent streams, lakes, rivers, reservoirs or riparian areas.
(ii) Is expected to have a direct impact on
ground water that has a total dissolved solids concentration of less than
10,000 mg/l.
(iii) Is expected to
result in point or non-point source surface or subsurface releases of acid or
other toxic substances from the permit area.
(iv) Would be located in designated critical
habitat areas as determined in accordance with the federal Endangered Species
Act of 1973 or in areas determined by the Department of Game and Fish likely to
result in an adverse impact on an endangered species designated in accordance
with the Wildlife Conservation Act, Sections
17-2-37
through
17-2-46
NMSA 1978 or by the State Forestry Division for the Endangered Plants Act,
Section
75-6-1
NMSA 1978.
(v) Would adversely
impact cultural resources listed on either the National Register of Historic
Places or the State Register of Cultural Properties.
(vi) Would be located in a known cemetery or
other burial ground.
(vii) Would be
located in an area designated as a Federal Wilderness Area, Wilderness Study
Area, Area of Critical Environmental Concern, or an area within the national
Wild and Scenic River System.
(b) Whether the proposed change would result
in a significant increase in the amount of financial assurance as determined by
the Director; or
(c) Whether the
proposed change would significantly depart from the nature or scale of the
permit.
(2) An
application for a permit modification or revision shall be accompanied by
sufficient information for the Director to determine whether any of the factors
listed in 19.10.5.505 NMAC are present.
(3) The Director shall consult with the
Department of Environment, the Department of Game and Fish, State Forestry,
applicable state or federal land management agency, or the State Historic
Preservation if factors listed in Subsection B of 19.10.5.505 NMAC are present
relevant to the agency's area of expertise.
C. An application for a permit modification
or revision shall be in a format acceptable to the Director. A permit
modification or revision shall be required for any changes in the approved
closeout plan.
D. A permit
modification or revision for a mining operation is required for each new
discrete processing, leaching, excavation, storage or stockpile unit located
within the permit area and not identified in the permit and for each expansion
of such a unit identified in the permit that exceeds the design limits
specified in the permit for such units. Modifications or revisions will be
approved if the Director determines the unit will:
(1) incorporate the requirements of
paragraphs 1, 2, 4, 5 and 6 of subsection H of Section
69-36-7 of the
Act;
(2) be sited and constructed
in a manner that facilitates, to the maximum extent practicable,
contemporaneous reclamation consistent with the closeout plan; and
(3) meet all the requirements of 19.10.5
NMAC.
E. The following
actions do not require permit modifications:
(1) the construction, relocation or
modification of roads within the disturbed area that does not change the
closeout plan;
(2) placement or
movement of support buildings, equipment areas, maintenance shops, monitoring
facilities, wells, power lines, power poles, substations, and communications
facilities within the disturbed area that does not change the closeout
plan;
(3) the movement of tanks,
pipelines, utilities, and portable units; and
(4) changes to facilities subject to
regulation under the Solid Waste Act.
