N.M. Admin. Code § 19.10.5.505

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.10.5.505 - PERMIT MODIFICATIONS AND REVISIONS

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.

N.M. Admin. Code § 19.10.5.505

7-12-94, 2-15-96, 12-29-2000; 19.10.5.505 NMAC - Rn, 19 NMAC 10.2.5.505, 05-15-2001; A, 05-31-2001