reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.303 - MINIMAL IMPACT EXISTING MINING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An existing mining operation that
				continues mining operations will not be considered a minimal impact existing
				mining operation if it exceeds 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. Permanent roads and
				areas within the permit area that are reclaimed will not be counted as part of
				the acreage limitation for a minimal impact existing 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.
				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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 3 - MINIMAL IMPACT OPERATIONS › Section 19.10.3.304 - MINIMAL IMPACT NEW MINING OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.401 - TIMING OF SUBMITTAL AND DEADLINE FOR OBTAINING APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. After December 31, 1994, no person shall
				engage in exploration operations in New Mexico without first obtaining a permit
				to conduct exploration from the Director.
B. Any person conducting exploration and who
				intends to continue exploration after December 31, 1994, shall submit an
				application by September 1, 1994.
C. For exploration commencing after December
				31, 1994, applications for exploration operations shall be submitted not less
				than 120 days prior to the anticipated date of commencement of
				operations.
D. Renewal applications
				shall be filed at least 30 days preceding expiration of the current
				permit.
E. Permits for exploration
				operations are not required for exploration operations conducted within a
				permit area of a new or existing mining operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.402 - PERMIT APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Six copies of an application for a permit
				shall be submitted to the Director. The Director may require additional copies
				for distribution by the Director to other governmental agencies.
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 of confidentiality
				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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.403 - PERFORMANCE AND RECLAMATION STANDARDS AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Operations shall be designed and conducted to mitigate
				  disturbance caused by exploration operations and, to the extent practicable,
				  provide for the stabilization of disturbed areas to minimize future impact to
				  the environment and protect air and water resources following closure. The
				  reclamation plan must be developed to address site-specific characteristics and
				  the exploration and excavation work to be performed.
A. Reclamation of the disturbed area shall be
				initiated and completed within the permit term, unless the disturbed area is
				included within a complete permit application for a new mining operation. Drill
				holes shall be plugged in accordance with Subsections K and L of 19.10.3.302
				NMAC.
B. Cemeteries and burial
				grounds and the disturbance of cultural resources listed on or eligible for the
national register of historic places
or the
state
				register of cultural properties
shall be avoided until clearance has
				been granted by the director after consultation with the state historic
				preservation officer.
C. Measures
				shall be taken to safeguard the public from unauthorized entry into hazardous
				areas if such hazards were created by the operator. Depending on site-specific
				characteristics, the following measures shall be required:
(1) closing shafts, adits and tunnels to
				prevent entry;
(2) posting warning
				signs in locations near hazardous areas;
(3) restricting access to hazardous areas;
				or
(4) other measures as needed to
				protect human safety.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.404 - COMPLIANCE WITH OTHER APPLICABLE LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Enforcement of other state or federal
				laws, regulations or standards shall be conducted by the agency charged with
				that responsibility under the applicable state or federal law, regulation or
				standard.
B. Enforcement of
				non-point source surface releases of acids or other toxic substances shall be
				performed by the Environment Department.
C. During the term of a permit issued
				pursuant to 19.10 NMAC, the permittee must maintain environmental permits
				required for the permit area. Revocation or termination of such a permit or the
				forfeiture of financial assurance related to the permit area by another
				governmental agency is adequate grounds for the Director to issue a cessation
				order pursuant to 19.10.11 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.405 - TERMS, ISSUANCE AND RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Terms
(1) A permit to conduct exploration and
				reclamation operations shall be valid for a period of not more than one year
				from the date of issuance.
(2) The
				permittee shall maintain a permit until financial assurance is released under
				19.10.12 NMAC.
(3) If the permit
				area contains property owned by the federal or state government, the expiration
				or termination of the government's authorization to conduct exploration
				operations on the property automatically suspends the permittee's authority to
				continue exploration operations on the property, although not necessarily
				reclamation operations, by the permit issued under 19.10 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.406 - PERMIT MODIFICATIONS AND REVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A permit modification or revision shall be
				required for exploration in areas or for types of disturbances not identified
				in the approved exploration permit.
B. A permit modification or revision shall be
				required for any change in the approved reclamation plan.
C. 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 disturbed area 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 4 - EXPLORATION › Section 19.10.4.407 - TERMINATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
At the conclusion of an exploration operation not to be
				  renewed, the permittee shall submit to the director a termination report. The
				  report shall:
A. certify that the
				exploration reclamation operations have been completed in accordance with the
				approved permit;
B. provide the
				total depth and diameter of each hole drilled, the date each hole was
				completed, depth of water bearing zones and a statement describing any flow to
				the surface;
C. identify on an
				approved map, the disturbed area including the number and the location of the
				disturbed acres, and the location, including identification number, of all
				drill holes and excavation sites; and
D. financial assurance may only be released
				after the permittee has submitted a termination report that meets the
				requirements of 19.10.4.407 NMAC and the director has determined, after
				inspection, that the reclamation requirements of 19.10.4.403 NMAC and the
				permit have been satisfied.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.502 - PERMIT APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A minimum of six copies of each
				application for a permit 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.503 - PERMIT APPROVAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless a proposed closeout plan is
				submitted with the permit application, the following procedure shall be
				followed. If a closeout plan is submitted with the permit application, the
				requirements of 19.10.5.506 NMAC shall also be met.
B. As soon as practicable after receipt of a
				permit application, the Director shall notify the applicant in writing whether
				the application is complete. If the application is not complete, the notice
				shall specify the items missing from the application.
C. The Director shall deliver copies of the
				complete application or appropriate sections (except those parts of the
				application designated confidential under Subsection B of 19.10.5.502,
				provided, however, that the Director shall include with the application a list
				of the parts withheld and will provide such parts at an agency's specific
				request) to the Environment Department, the Office of the State Engineer,
				Department of Game and Fish, the State Forestry Division, the State Historic
				Preservation Office, and the state or federal land management agency, if
				applicable, for their information.
D. Within 30 days of receipt of a notice from
				the Director that the application is complete, the applicant shall, in a form
				approved by the Director, give public notice of the application pursuant to
				19.10.9 NMAC.
E. An application for
				a permit under 19.10.5 NMAC shall be approved or denied within six months after
				the application has been determined to be complete.
F. The Director shall approve the application
				and issue the permit if he finds that:
(1)
				The application contains all of the information required, including a closeout
				plan or a proposed compliance schedule for submittal of a closeout plan within
				the shortest time practicable.
(2)
				The applicant has provided written information stating the name and official
				business address of the applicant and its agent for service of
				process.
(3) The applicant has
				provided the required signature and certification on the application.
(4) A permit application fee as determined
				pursuant to 19.10.2 NMAC has been paid.
(5) The public participation requirements of
				19.10.9 NMAC have been met.
(6) The
				applicant has submitted a notarized statement signed by the applicant that he
				agrees to comply with the performance standards and reclamation requirements of
				the permit, 19.10 NMAC, and the Act and allows the Director to enter the permit
				area without delay during mining and reclamation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.504 - PERMIT TERM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				permittee shall maintain a permit until financial assurance is released under
				19.10.12 NMAC.
B. A permit shall be
				reviewed by the Director and may be required to be modified or revised for any
				of the following:
(1) additional applicable
				requirements under the Act or 19.10 NMAC; or
(2) the Director determines that the permit
				contains a material mistake or that inaccurate statements were made in
				establishing the terms or conditions of the permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.505 - PERMIT MODIFICATIONS AND REVISIONS

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.506 - CLOSEOUT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
Six copies of an application for a permit revision shall be
				  submitted, in a format acceptable to the Director, pursuant to Section
				  69-36-7 G of
				  the Act for the incorporation of an approved closeout plan or closeout plan for
				  a portion of the mine if a closeout plan or closeout plan for a portion of the
				  mine was not approved as part of the original permit application. If the
				  original permit application includes a proposed closeout plan or closeout plan
				  for a portion of the mine, the contents, review and approval of the closeout
				  plan or closeout plan for a portion of the mine shall be in accordance with
				  19.10.5 NMAC.
A. A proposed closeout
				plan for all or a portion of the mine shall be based on site-specific
				characteristics and the anticipated life of the mining operation. Site-specific
				characteristics include, but are not limited to, disturbances from previous
				mining operations, past and current mining methods utilized, geology, hydrology
				and climatology of the area. Information previously submitted to the Director
				in the site assessment or permit application may be referenced to support the
				proposed closeout plan, provided that, if the information in the site
				assessment significantly deviates from conditions at the time of submittal of
				the proposed closeout plan, deviations shall be described in the
				application.
B. A proposed closeout
				plan or a proposed closeout plan for a portion of the mine shall include a
				detailed description of how the permit area will be reclaimed to meet the
				requirements of Section
				69-36-11
				B(3) of the Act and the performance and reclamation standards and requirements
				of 19.10.5 NMAC. The closeout plan shall also include the following:
(1) A description of the work proposed to be
				performed and a schedule, including anticipated starting and finishing dates,
				specifying the incremental work to be conducted and the period of time
				anticipated to be required for the various phases of the closeout.
(2) A list of all federal and state permits
				required for the closeout plan and evidence of when they were issued or a
				schedule by which these permits are anticipated to be received. To avoid
				duplication and conflicting requirements, the applicant may include information
				from environmental permits, or portions thereof, relevant to the
				application.
(3) A topographic map
				of the anticipated surface configuration of the permit area upon completion of
				the closeout plan. The map shall be at a scale approved by the Director to
				accurately represent the permit area.
(4) Additional information necessary for
				evaluation of the closeout plan as required by the Director.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.507 - PERFORMANCE AND RECLAMATION STANDARDS AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The permit area will be reclaimed to a
				condition that allows for re-establishment of a self-sustaining ecosystem
				appropriate for the life zone of the surrounding areas following closure unless
				conflicting with the approved post-mining land use. Each closeout plan must be
				developed to meet the site-specific characteristics of the mining operation and
				the site. The closeout plan must specify incremental work to be done within
				specific time frames to accomplish the reclamation.
B. Waiver for Pits and Waste Units An
				operator may apply for a waiver for open pits or waste units from the
				requirement of achieving a post-mining land use or self-sustaining ecosystem.
				The operator must show that achieving a post-mining land use or self-sustaining
				ecosystem is not technically or economically feasible or is environmentally
				unsound. The Director may grant the waiver for an open pit or waste unit if he
				finds:
(1) measures will be taken to ensure
				that the open pit or waste unit will meet all applicable federal and state
				laws, regulations and standards for air, surface water and ground water
				protection following closure; and
(2) the open pit or waste unit will not pose
				a current or future hazard to public health or safety.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.508 - NEW UNITS

Current through Register Vol. 35, No. 13, July 16, 2024
New discrete processing, leaching, excavation, storage or
				  stockpile units located within the permit area of an existing mining operation
				  and not identified in the permit of an existing mining operation, and for each
				  expansion of such a unit identified in the permit for an existing mining
				  operation that exceeds the design limits specified in the permit must meet the
				  reclamation standard set forth in Subsection A of
				  19.10.5.507
				  NMAC above and must also comply with the standards and requirements set forth
				  below. Site-specific characteristics, including the existing mining operation,
				  must be considered in applying the standards and requirements.
A. Most Appropriate Technology and Best
				Management Practices The mining operation and the reclamation plan shall be
				designed and operated using the most appropriate technology and the best
				management practices.
B. Assure
				Protection The mining operation and completed reclamation shall meet the
				following requirements established to assure protection of human health and
				safety, the environment, wildlife and domestic animals.
(1) Signs, Markers and Safeguarding 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:
(a) closing shafts, adits or tunnels to
				prevent entry;
(b) posting warning
				signs in locations near hazardous areas;
(c) restricting access to hazardous
				areas;
(d) marking the permit area
				boundaries;
(e) posting a sign at
				the main entrances giving a telephone number of a person to call in the event
				of emergencies related to the mine; or
(f) other measures as needed to protect human
				safety.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.509 - COMPLIANCE WITH OTHER APPLICABLE LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Enforcement of other state or federal
				laws, regulation or standards shall be conducted by the agency charged with
				that responsibility under the applicable state or federal law, regulation or
				standard.
B. Enforcement of
				non-point source surface releases of acids or other toxic substances shall be
				performed by the Environment Department.
C. During the term of a permit issued
				pursuant to 19.10 NMAC, the permittee must maintain environmental permits
				required for the permit area. Revocation or termination of such a permit or the
				forfeiture of financial assurance related to the permit area by another
				governmental agency is adequate grounds for the Director to issue a cessation
				order pursuant to 19.10.11 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.510 - ANNUAL REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The permittee shall, on or before April 30 of each year after
				  a permit has been issued, submit on a form provided by the Director a report
				  for the preceding calendar year. The report must:
A. provide the status of the
				operation;
B. provide production
				figures for the operation;
C.
				identify, on a separate map(s), the location of the disturbed areas and if
				reclaimed, the year in which the work was done;
D. indicate the number of disturbed acres,
				number of acres reclaimed during the reporting year and the number of acres
				which have not yet been reclaimed;
E. indicate the current market value of any
				collateral posted as financial assurance in accordance with 19.10.12 NMAC;
				and
F. indicate compliance status
				for all existing state and federal environmental permits held by the permittee
				for this operation.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 5 - EXISTING MINING OPERATIONS › Section 19.10.5.511 - PRIOR RECLAMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				owner or operator of an existing mining operation who has completed some or all
				reclamation measures prior to July 12, 1994 may apply for an inspection of the
				reclaimed areas prior to August 31, 1994. This application shall be deemed to
				satisfy the deadline for a permit application for the areas covered as provided
				in Subsection A of 19.10.5.501 NMAC.
B. The Director shall release the owner or
				operator from further requirements of the Act and 19.10 NMAC if, after an
				inspection of the reclaimed areas, he determines that the reclamation measures
				satisfy the requirements of the Act and the substantive requirements for
				reclamation pursuant to 19.10 NMAC. The Director shall make the determination
				as soon as practicable, but not later than September 30, 1995. If the Director
				determines the reclamation measures do not satisfy the requirements of the Act
				and the substantive requirements for reclamation pursuant to 19.10 NMAC then,
				unless previously submitted, a permit application and closeout plan shall be
				submitted within 6 months after the owner or operator receives notice of the
				determination.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to the New Mexico Mining Act NMSA 1978,
				  Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-36-1
				  et. seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 15, 1996, unless a later date is cited at the end of
				  a section.
A. All references to the
				Mining Act Parts 1-13 in any other rule shall be understood as a reference to
				19.10 NMAC.
B. The amendment and
				replacement of The Mining Act Parts 1-13 shall not affect any administrative or
				judicial enforcement action pending on the effective date of this amendment nor
				the validity of any permit issued pursuant to the Mining Act Parts
				1-13.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Parts 1-14 of 19.10 NMAC is to establish
				  regulations to implement the New Mexico Mining Act as directed in NMSA
				  69-36-7 A.
				  These regulations are designed to ensure proper reclamation through permitting
				  for operations subject to the Mining Act, in accordance with provisions and
				  standards outlined in the Mining Act.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[Definitions for this part can be found in
				  19.10.1.7
				  NMAC.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.601 - TIMING OF SUBMITTAL AND DEADLINES FOR OBTAINING APPROVAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications for
				permits for new mining operations operating pursuant to Section
				69-36-5
				of the Act shall be received by the Director by December 31, 1995. The Director
				may grant a six-month extension if the applicant has requested such and has
				shown good cause for the extension. Every new mining operation operating
				pursuant to Section
				69-36-5
				of the Act must have a permit approved by the Director by December 31,
				1997.
B. Except as provided in
				Subsection A of 19.10.6.601 NMAC, after June 18, 1993, no person shall conduct
				a new mining operation without a permit issued by the Director.
C. Renewal applications shall be filed 120
				days preceding expiration of the current permit.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.602 - PERMIT APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.603 - PERFORMANCE AND RECLAMATION STANDARDS AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The permit area will be reclaimed to achieve a
				  self-sustaining ecosystem appropriate for the life zone of the surrounding
				  areas following closure unless conflicting with the approved post-mining land
				  use. Each reclamation plan must be developed to meet the site-specific
				  characteristics of the mining operation and the site.
A. Most Appropriate Technology and Best
				Management Practices The mining operation and the reclamation plan shall be
				designed and operated using the most appropriate technology and the best
				management practices.
B.
				Contemporaneous Reclamation Contemporaneous reclamation is required to the
				maximum extent practicable and in a manner that is consistent with the approved
				reclamation plan.
C. Assure
				Protection The mining operation and completed reclamation shall meet the
				following requirements established to assure protection of human health and
				safety, the environment, wildlife and domestic animals.
(1) Signs, Markers and Safeguarding 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:
(a) closing shafts, adits or tunnels to
				prevent entry;
(b) posting warning
				signs in locations near hazardous areas;
(c) restricting access to hazardous
				areas;
(d) marking the permit area
				boundaries;
(e) posting a sign at
				the main entrances giving a telephone number of a person to call in the event
				of emergencies related to the mine; or
(f) other measures as needed to protect human
				safety.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.604 - COMPLIANCE WITH OTHER APPLICABLE LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Enforcement of other state or federal
				laws, regulations or standards shall be conducted by the agency charged with
				the responsibility under the applicable state or federal law, regulation or
				standard.
B. Enforcement of
				non-point source surface releases of acids or other toxic substances shall be
				performed by the Environment Department.
C. During the term of a permit issued
				pursuant to 19.10 NMAC, the permittee must maintain environmental permits
				required for the permit area. Revocation or termination of such a permit or the
				forfeiture of financial assurance related to the permit area by another
				governmental agency is adequate grounds for the Director to issue a cessation
				order pursuant to 19.10.11 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.605 - PERMIT APPROVAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. As soon as practicable after receipt of a
				permit application, the Director shall notify the applicant in writing whether
				the application is complete. If the application is not complete, the notice
				shall specify the items missing from the application.
B. Within 30 days of receipt of a notice from
				the Director that the application is complete, the applicant shall, in the form
				approved by the Director, give public notice of the application pursuant to
				19.10.9 NMAC.
C. The Director shall
				deliver copies of the complete application or appropriate sections (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 at an
				agency's specific request) to the following agencies which shall have 60 days
				in which to provide comments to the Director: the Environment Department; the
				Department of Game and Fish; the State Forestry Division; the State Historic
				Preservation Office; and the State Engineer; if the operation is on state or
				federal land, the appropriate state or federal land management agency; and any
				other agency the director deems appropriate.
D. The Director shall prepare a draft
				environmental evaluation which shall include an analyses of the reasonably
				foreseeable impacts of proposed activities on the pre-mining and post-mining
				environment and the local community, including other past, present and
				reasonably foreseeable future actions, regardless of the agency or persons that
				undertake the other action or whether the actions are on private, state or
				federal land. The Director may contract with, and the applicant should pay for,
				a third party to prepare the analysis and assessment.
E. The Director shall, within 30 days after
				completion of the technical review of the application and the draft
				environmental evaluation, notify the applicant in writing whether the
				application is approvable, or, if not approvable, shall specify in detail what
				additional submittal or changes are required. The Director shall, upon
				submittal of additional information or changes, notify the applicant whether
				the resubmitted application is approvable or if the additional submittal or
				changes are not sufficient.
F.
				After receipt of written notice from the Director that the application is
				approvable, the applicant shall submit a proposal for financial assurance as
				determined under 19.10.12 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 10 - NON-COAL MINING › Part 6 - NEW MINING OPERATIONS › Section 19.10.6.607 - PERMIT TERM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				permittee shall maintain a permit until financial assurance is released under
				19.10.12 NMAC.
B. The term of a
				permit shall not exceed 20 years. The term of renewals of a permit shall not
				exceed 10 years.
C. For any permits
				issued for more than five years, the Director shall review these permits at
				least every five years to determine compliance with the Act and 19.10 NMAC and
				to determine if the conditions are accurately reflected in the approved permit.
(1) In determining the frequency of review,
				the Director shall consider, among other factors:
(a) the current level of activity at the
				operation;
(b) the compliance
				history of the operation;
(c)
				complaints received about the operation;
(d) the effect amendments to the Act and
				19.10 NMAC may have on the operation; and
(e) the status of other environmental permits
				and compliance thereunder.