N.M. Admin. Code § 19.10.6.602

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

Section 19.10.6.602 - PERMIT APPLICATION REQUIREMENTS

A. A minimum of six copies of applications for permits under this Part shall be submitted to the Director. The Director may require additional copies for distribution by the Director to other governmental agencies with an interest in, or jurisdiction over, elements of the proposed operation.

B. All information submitted to the Director shall be made available for public inspection and copying at the Director's office except as designated confidential. Information in the application which the applicant desires to keep confidential shall be clearly indicated and submitted separately from the rest of the application.

(1) If the operator designates as confidential an exploration map, financial information, information concerning the grade or location of ore reserves or trade secret information, the Director shall maintain the information as confidential and not subject to public records or disclosure laws.

(2) If a request is made for public review of the information held confidential, the Director shall notify the operator and provide a reasonable opportunity for substantiation of the claim that public disclosure of the information could harm the competitive position of the operator. If the claim is not substantiated to the satisfaction of the Director, the information shall be released.

(3) When a request is made for public review of information designated as confidential, the Director shall attempt to notify the operator within 24 hours of the request, and shall provide written notification by certified mail.

C. Each application shall be signed by the applicant or authorized agent of the applicant for the operation with the following certification made: I certify that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals responsible for obtaining the information, I believe the submitted information is true, accurate, and complete.

D. Each application under this Part shall be in a format acceptable to the Director and shall contain the following:

(1) The name of the applicant to whom the permit may be issued.

(2) A map of the proposed permit area and a map and list, including names and addresses, of all known owners of surface and mineral estates within the proposed permit area as shown by the most recent county assessor's property tax schedule.

(3) Documents evidencing the applicant's right to enter the proposed permit area and conduct mining and reclamation.

(4) A listing of all parties, including addresses and telephone numbers, that have an ownership and controlling interests in the operation. Alternatively, the applicant may submit the applicant's most recent 10K form required by the United States Securities and Exchange Commission.

(5) A statement of all mining operations within the United States owned, operated or directly controlled by the applicant, owner or operator and by persons or entities that directly control the applicant and the names and addresses of regulatory agencies with jurisdiction over the environmental aspects of those operations and that could provide a compliance history for those operations over the preceding 10 years.

(6) The applicant shall designate an agent and provide the agent's street address for the service of notices and orders from the Director. This information shall be kept current if a permit is granted.

(7) To avoid duplication and conflicting requirements, the applicant may include information from environmental permit relevant to the application. Permits issued by other governmental agencies shall be accepted by the Director to the extent such permits satisfy the requirements of the Act and 19.10 NMAC.

(8) A copy of the proposed form of notices required under 19.10.9 NMAC.

(9) The permit fee as determined pursuant to 19.10.2 NMAC.

(10) Where physically separate but interrelated mining operations are located in close proximity to each other and are under the control of the same owner or operator, the applicant may request or the Director may determine to issue one permit for all of the operations and require only one permit application.

(11) A listing of all federal and state permits required for the operation.

(12) Sampling and Analysis Plan

(a) The applicant shall submit a proposed sampling and analysis plan (SAP) to the Director for review prior to baseline data collection. Six copies should be submitted to facilitate the review. The proposed SAP should contain, at a minimum, the following information for each relevant resource:

(i) sampling objectives;

(ii) a list of data to be collected;

(iii) methods of collection;

(iv) parameters to be analyzed for;

(v) maps stating proposed sampling locations;

(vi) sampling frequency;

(vii) laboratory and field quality assurance plans; and

(viii) a brief discussion supporting the proposals.

(b) The Director shall distribute the proposed SAP to the Environment Department, Department of Game and Fish, and other agencies as determined by the Director. The agencies will have 30 days from receipt of the proposed SAP to submit written comments to the Director. Any written comments received within 30 days shall be provided to the applicant. The Director shall also provide written comments and recommendations to the applicant on the adequacy of the SAP.

(c) The applicant may request a conference with the Director to discuss the SAP.

(13) Baseline Data The level of detail required for environmental baseline information may vary depending on the location, size, scope and type of mining operation and site-specific characteristics. Baseline data shall describe the environment of the proposed permit area and, to the extent practicable, the affected area. Data gathered or available to the applicant for other purposes, such as a site assessment previously submitted, may be used in part to meet the requirements of this Part. Baseline data shall be collected over a period of at least 12 months for evaluation of water quality and quantity, wildlife and wildlife habitat and vegetation. The Director may require studies of longer duration than 12 months to address unique, site-specific factors. Baseline data shall include, as applicable:

(a) A description of the climatological factors representative of the permit area including precipitation, prevailing winds and temperature.

(b) Topographic maps clearly showing: the boundaries of the permit area, and the location of all buildings within 1/2 mile of the permit area; the kinds of information set forth on U.S.G.S. topographic maps; and all man-made features within the permit area existing on the date of application. The map shall be at a scale of 1 inch equals 2000 feet (1:24,000) or a scale approved by the Director to accurately represent the permit and potentially affected area.

(c) A map which delineates existing vegetation types and a description, including cover, density, and productivity of the plant communities within the proposed permit area. The description of the vegetation types and plant communities may be based upon data from adjacent areas if vegetation within the permit area has been adversely impacted by previous mining operations or other disturbances. Included in this description shall be the results of an inventory conducted for any sensitive, threatened or endangered plant species within the permit area.

(d) Wildlife information shall be developed for the permit area and, to the extent practicable, the affected area. Where species may be impacted beyond these areas, the information shall include, to the extent practicable, the area of potential impact. Wildlife information shall include the following:

(i) a map showing habitat types. The applicant is encouraged to contact the Director for recommendations on the preferred habitat classification system. Special or unique wildlife habitat features (e.g., cliffs, talus slopes, ponds, springs, known nests, etc.) within the area of potential impact by the mining operation, shall also be mapped.

(ii) a list of species potentially occurring on the permit or affected area and any additional species potentially impacted by the mining operations. This list must also indicate legal status of each species and which species were confirmed present during baseline studies.

(iii) data gathered shall include: presence/absence, distribution by season and habitat type, and relative abundance. Key habitat areas shall be identified such as calving/fawning, nesting, foraging, wintering areas, etc. The quality and quantity of the data must be suitable for measuring the success of reclamation and the impacts of the mining operation. Survey methods must be suitable for each species.

(iv) information collected pursuant to this Part shall be summarized in a report which includes a discussion of the faunal characteristics of the habitats in the permit and affected area. The report shall discuss the anticipated direct, indirect, short- and long-term impacts associated with the proposed operation.

(e) If revegetation is part of the reclamation plan, a description of the thickness and nature of the topsoil, if any, over the proposed permit area. A soil survey and soil analyses conducted in accordance with standard methods acceptable to the Director may be required to show variations in topsoil depth and suitability. Where the applicant proposes to use something other than topsoil, the application shall provide the results of analyses as necessary to determine the suitability of the proposed materials for use as a topdressing.

(f) A description of the ore body in the proposed permit area, including geologic plans and cross-sections depicting the nature and depth of overburden, mineralized zone or ore body, aquifers and springs. A description of the potential for geochemical alteration of overburden, ore body and other materials present within the permit area. Detailed analyses may be required if the substrata is suspected to contain substances that are likely to create acid drainage or might degrade surface water or ground water or hinder reclamation.

(g) Surface water and ground water information shall include the following:

(i) a map indicating the location of surface waters and the location and size of watersheds in and adjacent to the proposed permit area. The map shall depict all watercourses, lakes, reservoirs, springs, and riparian and wetland areas. Streams shall be classified as ephemeral, intermittent or perennial. The map shall identify all watercourses, lakes, springs, and riparian and wetland areas into which surface or pit drainage will be discharged or may possibly be expected to reach;

(ii) a description of surface drainage systems sufficient to identify the seasonal variations in surface water quantity and quality within the proposed permit and affected areas to the extent possible;

(iii) lithology and thickness of each geologic unit below the site indicating which units are water bearing, cross sections and potentiometric maps indicating the location of wells and the ground water flow direction in the vicinity of the site, and references or sources for this information;

(iv) a description of the aquifer characteristics including total dissolved solids concentration, maximum and minimum depths to ground water, direction of flow and gradients, transmissivity and storativity, and a general description of ground water quality, and references or sources for this information; and

(v) a determination of the probable hydrologic consequences of the operation and reclamation, on both the permit and affected areas, with respect to the hydrologic regime, quantity and quality of surface and ground water systems that may be affected by the proposed operations, including the dissolved and suspended solids under seasonal flow conditions.

(h) A description and delineation on topographic maps of any prior mining operations which may have affected the permit area including, if known, the type of mining and processing method and a list of any processing chemicals or reagents used.

(i) A list and accompanying map indicating all sites on or eligible for listing on either the National Register of Historic Places and/or the State Register of Cultural Properties and known cemeteries and human burials within the proposed permit area. Included with this list and map shall be a description of the effects the proposed mining operations may have on these sites and any proposed mitigation measures.

(j) A description of the present and historic land use of the permit area, the general patterns of land use in the surrounding areas, and a narrative of land capability and productivity based upon U.S. Soil Conservation Service land use capability classes or a similar classification.

(14) The Director may contract with and the applicant shall pay for qualified experts for the following:

(a) Review and comment to the Director on the adequacy of baseline data prior to submission of the permit application.

(b) Recommend to the Director additional baseline data that may be necessary in the review of the proposed mining activity.

(c) Recommend to the Director methodology guidelines for the collection of baseline data;

(d) Review and comment on the permit application;

(e) Prepare an environmental evaluation, analysis and assessment of the permit application which complies with Subsection D of 19.10.6.605 NMAC.

(15) A detailed description of the proposed mining operation and reclamation plan, including:

(a) A description of the type and method of mining and the engineering techniques proposed, and how the operation will meet the performance and reclamation standards and requirements of this Part.

(b) A map or maps at a scale approved by the Director and an approximate schedule or timetable indicating the mining operations including number of acres of land to be disturbed. A permittee will be required to follow the sequence described in the schedule or timetable, unless modified or revised. A permittee will not be required to meet specific dates for initiation or completion of mining according to the schedule or timetable.

(c) Maps and plans indicating the location, size and capacities for the mine facilities including:

(i) leach pads, heaps, ore dumps and stockpiles;

(ii) impoundments;

(iii) ponds;

(iv) diversions;

(v) disposal systems;

(vi) pits;

(vii) tailings disposal facilities;

(viii) mills;

(ix) water treatment facilities;

(x) storage areas for equipment, vehicles, chemicals and solutions;

(xi) topsoil and topdressing stockpiles;

(xii) waste rock dumps; and

(xiii) other facilities or structures.

(d) A contingency plan to mitigate impacts to wildlife when there has been an emergency or accidental discharge of toxic substances that may impact wildlife.

(e) A description of measures which will be undertaken to reduce sedimentation from the permit area and a plan for the monitoring of non-point source sediment pollution from the disturbed area.

(f) If a post-mining land use is proposed, a detailed description of how the disturbed area will be reclaimed to achieve that use and written approval of the surface owner for the proposed use.

(g) A description of the proposed reclamation plan, including, a detailed description of how the disturbed area will be reclaimed to meet the requirements of Section 69-36-7(H) 4 and the performance and reclamation standards and requirements of this Part.

(h) A map or maps at a scale approved by the Director and an approximate schedule indicating the reclamation activities to take place on disturbed areas of the mine site including the number of acres to be reclaimed. A permittee will be required to follow the sequence described unless modified or revised.

(i) A topographic map of the anticipated surface configuration of the permit area upon the completion of reclamation operations. The map shall be at contour intervals and scale approved by the Director.

(j) A description of the potential for the generation of acid or other toxic drainage from overburden and waste materials following reclamation and a design that incorporates measures to reduce, to the extent practicable, the formation of acid or other toxic drainage that may otherwise occur following reclamation to prevent releases that cause federal or state standards to be exceeded.

(k) A detailed description of how all waste, waste management units, pits, heaps, pads and any other storage piles will be designed, sited and constructed in a manner that facilitates, to the maximum extent practicable, contemporaneous reclamation and are consistent with the approved reclamation plan.

(16) Additional information necessary for evaluation of the application as required by the Director.

N.M. Admin. Code § 19.10.6.602

7-12-94, 2-15-96; 19.10.6.602 NMAC - Rn, 19 NMAC 10.2.6.602, 05-15-2001; A, 05-31-2001