New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 6 - WATER QUALITY › Part 7 - GROUND WATER PROTECTION - SUPPLEMENTAL PERMITTING REQUIREMENTS FOR COPPER MINE FACILITIES › Section 20.6.7.34 - IMPLEMENTATION OF CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notification of intent to close.
A permittee shall notify the
				department in writing of its intent to implement the closure plan for a copper
				mine facility or an individual unit of a copper mine facility. Notification
				shall be given at least 30 days prior to implementation of closure construction
				activities.
B.
Initiation of
				closure.
Upon notice of intent to implement a closure plan, a permittee
				shall commence closure in accordance with the approved closure plan.
				Implementation of closure includes preparation and submittal of a final design
				and CQA/CQC plan. The permittee shall submit the final design and CQA/CQC plan
				to the department for approval within 180 days of submission of a notice of
				intent to implement the closure plan. The permittee shall commence final
				closure construction of the copper mine facility or unit within 180 days of
				receipt of written approval of the final design and CQA/CQC plan. These
				timelines may be modified by the department upon request by the permittee for
				good cause shown, including allowance for time for procurement and mobilization
				of construction services and materials prior to actual closure
				construction.
C.
Notification
				of change in operational status.
Whenever operation of a copper mine
				facility subject to closure requirements under the copper mine rule is
				suspended or resumed, the permittee shall provide the department written
				notification within 30 days of the date operation is suspended or resumed. Each
				subsequent semi-annual report submitted during suspension of operation of a
				copper mine facility shall state whether the permittee intends to resume
				operations and the anticipated date of resumption of operations or the
				conditions under which operations will resume.
D.
Department notice regarding
				suspended operations and enforcement action.
If leaching operations or
				milling operations at a copper mine facility are suspended for more than one
				year, the department may issue a written notice to the permittee requesting
				that the permittee provide evidence that the permittee is capable of and
				intends to resume operation of the unit. If the permittee does not respond
				within 30 days of postal notice of the department's written notice, or if the
				permittee does not provide evidence that the copper mine facility or unit is
				capable of resuming operation, that the permittee intends to resume operation
				of the copper mine facility or unit, and that the copper mine facility or unit
				does not pose a threat to public health or cause undue damage to property, the
				department may determine that the permittee is in violation of the copper mine
				rule for failure to implement closure of the copper mine facility or unit in a
				timely manner and may take appropriate enforcement action pursuant to Section
				74-6-10
				NMSA 1978, including requiring implementation of closure in accordance with
				20.6.7.33 NMAC and this section.
E.
Deferral of closure.
A permittee may request deferral of closure
				of a unit at a copper mine facility that has reached the end of its useful life
				with no intent by the permittee to resume operations if the proximity of active
				operations at the copper mine facility could result in ongoing contamination of
				the unit, closure would require relocation or replacement of infrastructure
				that supports ongoing operations, or for other good cause shown. The department
				may approve a deferral of closure if the permittee demonstrates that adequate
				water management measures are being implemented and maintained to protect
				ground water quality during the period of deferral.
F.
Final design.
The permittee
				shall submit a final design and CQA/CQC plan to the department for approval at
				least 60 days prior to construction, including commencement of surface shaping
				activities, of any area subject to a closure plan pursuant to the copper mine
				rule including, but not limited to, tailing impoundments, waste rock piles,
				leach stockpiles, and any other area where cover is required under the approved
				closure plan. The CQA/CQC plan must include detailed engineering designs for
				storm water management structures and associated conveyance systems, cover
				design specifications, a cover material suitability assessment, a borrow source
				location, a rip rap suitability assessment, a rip rap source location, a post
				reclamation storm water management plan, and a schedule for completion. In
				addition, the final design and CQA/CQC plan shall include best management
				practices that will be employed during reclamation to address erosion and storm
				water management in a manner that meets the requirements of the Water Quality
				Act and commission regulations. The final design and CQA/CQC plan shall bear
				the signature and seal of a licensed professional engineer in accordance with
				Subsection A of 20.6.7.17 NMAC.
G.
CQA/CQC report.
Within 180 days after project completion, the
				permittee shall submit a final CQA/CQC report to the department. The CQA/CQC
				report shall include, at a minimum, as-built drawings of the entire reclaimed
				area including test pit locations and cover thickness data, a final survey
				report and topographic map following cover placement, a summary of work
				conducted, construction photographs, the location of reclaimed borrow areas,
				soil testing results, and laboratory analytical reports. The contour intervals
				on topographic maps shall be no greater than two feet for the top surfaces and
				no greater than 10 feet for the outslopes for closure of tailing impoundments,
				leach stockpiles or waste rock stockpiles. The CQA/CQC report shall provide
				summaries of the quality assurance data, documenting that the project was
				completed according to the approved final design and CQA/CQC plan with
				significant exceptions explained. The CQA/CQC report shall bear the signature
				and seal of a licensed professional engineer in accordance with Subsection A of
				20.6.7.17 NMAC.