N.M. Admin. Code § 19.10.3.302 - MINIMAL IMPACT EXPLORATION OPERATIONS
A. A minimal impact exploration operation
will not exceed 1000 cubic yards of excavation per permit. Disturbances for
constructed roads, drill pads and mud pits shall be no more than 5 acres total
and will not be counted in the excavated materials. The type of road
construction, the number and type of drill pads, and other disturbances when
considered with site specific conditions will be major factors in determining
eligibility for minimal impact status which is in the discretion of the
director.
B. Timing of applications
and deadlines for approval for minimal impact exploration operations must be in
accordance with
19.10.4.401 NMAC, except that a
complete application for minimal impact exploration operations shall be
submitted not less than 45 days prior to the anticipated date of commencement
of operations.
C. An applicant for a
minimal impact exploration operation permit shall submit six copies of a
completed application on a form provided by the director. If the proposed
operation is on federal land, information submitted to the federal land
management agency may be submitted with the application in lieu of providing
duplicative information. Any confidential information shall be submitted
separately in accordance with Subsection B of
19.10.4.402 NMAC.
D. The application shall include the
following information:
(1) the name and
address of the applicant, and if different, the name and address of the owner
of the operation and the land; a statement of the basis on which the applicant
has the right to enter the property to conduct the mining and
reclamation;
(2) the location of
the proposed operation as shown on a topographic map which indicates the
proposed permit area and gives the location of the following: perennial,
intermittent and ephemeral streams; springs; wetlands, riparian areas, lakes
and reservoirs; residences; existing and proposed roads; other access routes;
support facilities; cemeteries; burial grounds; cultural resources listed on
either the national register of historic places or the
state register of cultural properties; pipelines; and oil, gas
and water wells on the permit area; areas and types of proposed disturbances
shall be indicated; the anticipated dimensions of each proposed disturbance
shall also be provided;
(3) an
explanation of why the proposed operation qualifies as a minimal impact
operation in accordance with 19.10 NMAC;
(4) a general description of the minerals
sought and the methods of exploration; any chemicals to be used on site must be
identified;
(5) an estimate of
depth to ground water and total dissolved solids concentration; and
(6) a general description of how the
operation will be operated and reclaimed to meet the requirements of
reclamation, as defined in
19.10.1.7 NMAC.
F. If the permit area includes state or
federally-owned lands, no permit will be issued unless the appropriate land
management agency has approved or acknowledged the proposed operation, if such
approval or acknowledgement is required by the agency's rules.
G. The director shall, after determining that
the application is complete, deliver copies of the application (except those
parts of the application designated confidential under Subsection B of
19.10.4.402 NMAC provided,
however, that the director shall include with the application a list of the
parts withheld and will provide such parts on specific request) to the agencies
listed in Subsection F of
19.10.4.402 NMAC which shall have
20 days in which to provide comments to the director. The director shall
consider comments from these agencies in making a determination of eligibility
for minimal impact status.
H. The
director shall determine if an operation is eligible for a minimal impact
operation permit and may conduct a site visit in making this
determination.
I. No permit for a
minimal impact exploration operation will be issued until the director finds
the following:
(1) the application is
complete and demonstrates that the proposed operation and reclamation will meet
the requirements of reclamation, as defined in
19.10.1.7 NMAC; reclamation of the
disturbed area will be initiated as soon as possible, and will be completed
within the permit term unless the disturbed area is included within a complete
permit application for a new mining operation;
(3) the
applicant has signed a statement indicating he agrees to comply with the
reclamation requirements of the permit, 19.10 NMAC, and the act and allows the
director to enter the permit area, without delay, for the purpose of conducting
inspections during exploration and reclamation;
(4) the applicant has certified he is not in
violation of the New Mexico Mining Act or 19.10 NMAC; and
(5) the applicant has provided satisfactory
financial assurance in an amount determined by the director; acceptable forms
of financial assurance are limited to surety bonds, letters of credit or cash
accounts described in
19.10.12.1208 NMAC.
J. The term of a permit for a
minimal impact exploration operation is governed by Subsections A, C and D of
19.10.4.405 NMAC. Modifications to
the permit are governed by
19.10.4.406 NMAC. A termination
report pursuant to
19.10.4.407 NMAC is also required
at the conclusion of an exploration operation not being renewed, unless the
permittee has applied for a mining operation permit.
K. Reclamation of the disturbed area shall be
initiated as soon as possible and completed in accordance with the schedule in
the permit. Topsoil or topdressing material removal and stockpiling shall
precede any excavation within the drill site area. All lands, including access
roads or terrain damaged in gaining access to or clearing the site, or lands
whose natural state has been substantially disturbed as a result of the
exploration by drilling, shall be restored as nearly as possible to their
original condition unless otherwise requested by the landowner and applicant
and approved by the director. Where vegetation has been removed or destroyed
within the permit area, vegetative cover shall be reestablished by seeding,
planting, transplanting, or other adequate methods. All open mud pits shall be
constructed in a manner to prevent wildlife entrapment, and shall be
constructed to prevent any overflows. When drilling is completed, the mud pits
shall be allowed to dry and then backfilled with native cover.
L. Each drill hole shall be plugged from
total depth to within 2 feet of the original ground surface or the collar of
the hole, whichever is lower, with a column of cement, high-density bentonite
clay or other materials specified in the permit. If the approved plugging
material is not cement, then the top ten feet of the column must be a cement
plug. The hole shall be backfill with topdressing or topsoil from above the
cement plug to the original ground surface. The hole shall be plugged as soon
as practicable and satisfy the requirements of the state engineer and the New
Mexico environment department for proper plugging of such holes. This plugging
requirement may be waived if the state engineer issues a permit for a well for
the exploration drill hole.
M.
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 this
section and the permit have been satisfied.
Notes
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