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Mining Act Reclamation Program Page 1 October 2011

Mining and Minerals Division (MMD) Guidance Part 3: Minimal Impact Operations Several different permit types are available under Part 3 of the New Mexico Mining Act Rules, specifically:

General Permit – Dry [19.10.3.301.B NMAC], Section 1 General Permit – Wet [19.10.3.301.C NMAC], Section 1 Minimal Impact Exploration Operations [19.10.3.302 NMAC], Section 2 Minimal Impact New Mining Operations [19.10.3.304 NMAC], Section 3

Guidance for each of these permit types is described in the sections below.

1.0 GENERAL PERMIT CONDITIONS

1.1 Exclusions

Prospectors, gold panners, rock collectors, hobby miners, and recreational miners that cause little to no surface disturbance are excluded from obtaining a general permit provided that:

The excavation(s) by one operator do not total greater than 2 cubic yards of material per year No mechanized mining equipment (including mechanized sluices or dredges) is utilized by

the operator.

1.2 Project Eligibility

Recreational mining and/or small-scale operations applying for a general permit must not have any of the disqualifying characteristics listed in the definition of “minimal impact mining operation”, as defined in 19.10.1.M.(2).(a) through (i) NMAC. A proposed exploration or operation project with the following characteristics is not considered a minimal impact mining operation if the project:

Is located in or expected to have a direct impact on wetlands, springs, perennial or intermittent streams, lakes, rivers, reservoirs or riparian areas, unless the activity is excluded as described above in Section 1.1

Is located in designated critical habitat or in areas determined to likely result in an adverse impact on endangered species

Is located in an area with cultural resources listed on either the National Register of Historic Places or the State Register of Cultural Properties

Has or is expected to have a direct impact on ground water that has a total dissolved solids concentration of less than 10,000 mg/L o Exploratory drilling that intersects ground water may be performed as a minimal impact

operation Is expected to use or is using cyanide, mercury amalgam, heap leaching or dump leaching


Is located in a known cemetery or other burial ground Is located in an area designated as:

o A Federal wilderness area or wilderness study area o Area of critical environmental concern o An area within the national wild and scenic river system

Is expected to result in point or non-point source surface or subsurface release of acid or other toxic substances from the permit area

Requires a variance from any element of the regulations Projects meeting any of the above criteria are ineligible for receiving a general permit. Additional restrictions and criteria for an operation to qualify for a general permit are described in Sections 1.3 and 1.4 below.

1.3 General Permit – Dry A dry general permit applies to mining operations that do not occur within intermittent streams, perennial streams or other bodies of water. A project is not eligible for a dry general permit if any of the conditions described in Section 1.2 above are met, or if the project:

Excavates more than 200 cubic yards per year with no more than 25 cubic yards and no more than 2 acres of unreclaimed surface disturbance at any time with all new disturbances including roads included in these amounts

Causes a discharge of process water or drilling mud

1.4 General Permit – Wet A wet general permit applies to mining operations that occur within intermittent streams, perennial streams or other bodies of water. A project is not eligible for a wet general permit if any of the conditions described in Section 1.2 above are met, or if the project:

Excavates more than 2 cubic yards per day and 100 cubic yards per year Is within 50 yards of another mining operation Will excavate into stream banks Will utilize drilling of any kind

1.5 Application Requirements The application requirements are outlined in 19.10.3.301.D NMAC. MMD has created forms for general permits (dry and wet) that are available for download from the MMD website (http://www.emnrd.state.nm.us/MMD/MARP/MARPApplicationandReportingForms.htm). The following information shall be provided to MMD within the application form for a general permit (applies to dry or wet applications):

Name and address of the operator


Location of the operation o Township, range, section, county, nearest town, map o Global positioning system (GPS) location in latitude/longitude (decimal degrees)

A commitment from the applicant to comply with the following requirements: o The project will not exceed the applicable characteristics described above in Sections 1.2,

Sections 1.4, and Sections 1.5 (outlined in 19.10.3.301.B or 19.10.3.301.C NMAC) o The disturbed area will be re-graded to blend into and compliment the drainage pattern of

the surrounding terrain upon cessation of operations o The disturbed area will be revegetated with a seed mix that is appropriate for the

surrounding area upon cessation of operations o Erosion and sedimentation will be minimized to the greatest extent practicable using best

management practices o Hazards to the health and safety of the public and domestic animals will be adequately

safeguarded o Agreement from the operator that the proposed operation is subject to inspection,

enforcement and penalty provisions allowed through 19.10.11 NMAC o Information will be provided as necessary to meet other requirements specified by MMD

which are necessary to meet the definition of “minimal impact mining operation” as defined in 19.10.1.7.M.(2) NMAC or achieve reclamation

o Agreement from the operator to complete the requirements of 19.10.3.301.D.(2).(b) through (e) NMAC (regrading, revegetation, reclamation, minimization of erosion and sedimentation, safeguarding of hazards) prior to expiration of the permit

o Agreement from the operator to comply with applicable state and federal requirements and standards

A signed statement by the operator agreeing to the following: o Inspection of the operation by MMD (including division personnel) o The terms outlined in the general permit

1.5.1 Written Certification from NMED for General Permits-Wet

In accordance the New Mexico Mining Act, the NMED must provide to MMD a written certification stating that the water quality standards are expected to be met if the operation is conducted as described. As such, upon submittal of the general permit-wet application to MMD, a copy of the application must also be submitted directly to the New Mexico Environment Department (NMED) Mining Environmental Compliance Section (MECS) by the applicant. NMED MECS may be contacted at:

NMED Ground Water Quality Bureau Mining Environmental Compliance Section 1190 Saint Francis Drive P.O. Box 5469 Santa Fe, NM 87502

(505) 827-2905

Once the certification is received from NMED MECS by the applicant, a copy of the determination must be sent to MMD. If NMED MECS does not issue a written determination


for the proposed activities, the project does not qualify for a minimal impact mining permit.

1.6 Financial Assurance Financial assurance is not required by MMD for operations that meet the general permit provisions.

1.7 Application Fee The application fee for a general permit (dry or wet) is $50.00. This application fee must be provided at the time the application is submitted to MMD.

1.8 Validity

Operators whose projects qualify for a general permit must obtain a valid permit prior to commencing operations. General permits (dry or wet) are valid for a period of one year, and must be submitted for renewal at least 10 days prior to expiration.

1.9 Alternative Permitting Processes For operations that do not meet the minimal impact criteria, the operation is required to be permitted in accordance with 19.10.4 NMAC (Regular Exploration) or 19.10.6 NMAC (New Mining Operations). A flowchart depicting the General Permit process is included on the following page. Application forms for dry and wet General Permits are available for download from the MMD website (http://www.emnrd.state.nm.us/MMD/MARP/MARPApplicationandReportingForms.htm)


Part 3: General Permit – Process & Application Flowchart

Does the project have any of the characteristics listed in 19.10.1.7.M.(2).(a) through (i) NMAC? Yes

STOP: Project does not qualify for a general permit. Apply for permit according to 19.10.4 NMAC (Regular

Exploration) or 19.10.6 NMAC (New Mine

Operations)

Will the project excavate greater than 200 cubic yards per year, or

Excavate more than 25 cubic yards at any one time, or

Have more than 2 acres of unreclaimed surface disturbance at any one time, or

Cause a discharge of process water or drilling mud?

Submit the completed application form to MMD for a General Permit to include requirements outlined in 19.10.3.301.D NMAC

Submit $50.00 application fee to MMD [19.10.3.301.E NMAC]

Will the project occur in an intermittent stream, perennial stream or other body of water?

General Permit – Dry General Permit – Wet

Will the project excavate greater than 2 cubic yards per day, or

Excavate greater than 100 cubic yards per year, or

Involve excavation into stream banks, or

Utilize drilling?

Yes No

Deemed Administratively Complete

MMD issues general permit. Applicant agrees to all permit conditions.

No

Yes No

Will the operator excavate more than 2 cubic yards of material per year or use mechanized equipment including mechanical sluices or dredges or cause significant surface disturbance?

Yes

No Project is exempt for

prospectors, gold panners and rock collectors meeting

these requirements

Deemed Technically Complete

MMD technical review of the general permit application form. If project is to take place on federal property send to federal agency. If project is a General Permit –Wet, MMD receives copy of NMED certification. The technical review process cannot be completed without the NMED certification.

No

Yes

Submit copy of General Permit-Wet application form to the NM Environment Department Mining Environmental Compliance Section (NMED MECS) requesting a written certification that water quality standards are expected to be met.


2.0 MINIMAL IMPACT EXPLORATION OPERATIONS

2.1 Project Eligibility A project is not a minimal impact exploration project if the project exceeds 1,000 cubic yards of excavation per permit or the total surface disturbance area exceeds 5 acres in total. To qualify for a minimal impact exploration operation permit, the quantities must be less than these amounts. Surface disturbances that are included in the 5 acre limit include constructed roads, drill pads, and mud pits. The material excavated to facilitate the construction of roads, drill pads, and mud pits will not count toward the 1,000 cubic yard limit. The project must also meet the definition of Minimal Impact in 19.10.1.M.(2) NMAC.

2.1.1 Overland Travel Overland travel will be included in the calculation for the total acres of disturbance and financial assurance. The extent of overland travel is determined during the review and development of the permit application. In some cases, overland travel may not be counted in the calculation for total acres of disturbance and financial assurance. Such cases would involve the use of low impact equipment, or for areas of a site where soils would not be impacted by overland travel.

2.2 Submittals The applicant is required to submit six (6) copies of the completed application form (also referred to as the permit application package) and one (1) additional copy if the proposed operation is located on federal or state land. MMD has created an application form for minimal impact exploration operations that is available for download from the MMD website: (http://www.emnrd.state.nm.us/MMD/MARP/MARPApplicationandReportingForms.htm). If the proposed project is on federal land, information submitted to the federal land management agency may be submitted with the application in lieu of providing duplicative information to MMD. The application for a minimal impact exploration operation must be submitted no less than 45 days prior to the anticipated date of commencement of operations. The application must contain the following information, according to 19.10.3.302.D NMAC:

Name and address of applicant. If the applicant is not the land owner, the name and address of the land owner must also be submitted along with a statement of the basis on which the applicant has the right to enter the property to conduct the mining and reclamation

The location of proposed boreholes to be installed during exploration o Identify the GPS location of each proposed borehole in latitude/longitude (decimal

degrees) or northing/easting (UTM New Mexico Zone 13, NAD83 datum) o Present GPS locations in both hard-copy (table) and digital (Microsoft Excel) formats

The location of the proposed operation on a USGS topographic map indicating: o Perennial, intermittent and ephemeral streams


o Springs, wetlands, riparian areas, lakes and reservoirs o Residences o Existing and proposed roads o Other access routes such as overland travel o Support facilities o Cemeteries, burial grounds and other cultural resources including those listed on either

the national register of historic places or the state register of cultural properties. Cultural resources should be located on a separate map or as part of an inventory report that will be treated as “Confidential” by MMD (see Section 2.2.1 below).

o Pipelines o Oil, gas and water wells on the permit area o Areas and types of disturbances including the anticipated dimensions of each proposed

disturbance o A general description of the minerals sought and the methods of exploration proposed,

including items such as: Type of drill rig (i.e. air rotary, mud rotary, etc.) or heavy equipment Dimensions and angle of exploration boreholes (diameter, depth and angle

description) or excavations (area and depth) Number of boreholes or excavations proposed

o A list of any proposed chemicals for use on the permit area o An estimate of the depth to ground water and the total dissolved solids concentration A

general description of how the operation will be operated and reclaimed according the requirements outlined in 19.10.1.7 NMAC

The permit fee as required by 19.10.2 NMAC

2.2.1 Confidential Information Information designated to be confidential by the applicant should be submitted with the application in a separate package. Confidentiality shall be maintained in accordance with the requirements outlined in 19.10.4.402.B NMAC. Information designated by the applicant/operator to be confidential should be clearly marked. Documents commonly marked as confidential include cultural resource inventory reports, financial information, information concerning the grade or location of ore reserves or trade secret information, and financial agreements with private landowners. If a request is made for public review of the information designated by the operator to be confidential, MMD will 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 MMD, the information will be released. When a request is made to review confidential information, MMD will attempt to notify the operator within 24 hours of the request and will provide written notification by certified mail.


2.3 Agency & Tribal Consultation Once the application package has been received and has been deemed to be “administratively complete,” MMD will deliver copies of the application package to the following agencies: NM Environment Department Office of the State Engineer NM Department of Game and Fish State Forestry Division State Historic Preservation Office

Any federal agency involved with the operation permit area (i.e., Bureau of Land Management, US Forest Service, etc.)

Other agency (or agencies) and tribes deemed appropriate by MMD

Various tribes will also be notified in writing of the proposed project. Information designated by the operator as confidential will not be provided during consultation, however a list of the parts withheld will be included. The withheld parts will be provided upon an agency’s specific request. It should be noted that, if the permit area is on state or federal property, MMD will not issue a permit until the appropriate agency has approved or acknowledged the proposed operation. Agencies will have 20-days in which to provide comments to MMD. A second tribal notice will be submitted after the technical review of the project is completed, when the issuance of a permit by MMD is imminent. Tribes will be requested to respond within 10-days after receipt of the second notice.

2.4 Technical Review Based on the information provided in the application package and from the agencies and tribes during consultation, a technical review of the operation will be performed to determine if the operation is eligible for a minimal impact operation permit. A site visit may be performed during this time to assist in the technical review process. Once deemed to be “technically complete,” a permit will be issued by MMD for the operation if:

The application is complete and demonstrates that the proposed operation and reclamation will meet the requirements of reclamation [19.10.1.7 NMAC] o Reclamation of the disturbed area is to be initiated by the operator as soon as possible and

will be completed with the terms of the permit The permit fee has been paid The applicant has signed a statement indicating agreement to comply with the reclamation

requirements of the permit, 19.10 NMAC, and the act The applicant agrees to allow MMD to enter the permit area, without delay, for the purpose

of conducting inspections during exploration and reclamation The applicant certifies that he/she is not in violation of the New Mexico Mining Act or 19.10

NMAC The applicant has provided satisfactory financial assurance in the amount determined by

MMD. Forms of financial assurance accepted include surety bonds, letter of credit or cash accounts [19.10.12.1208 NMAC]


2.5 Radiation Characterization Related to Uranium Exploration Prior to Drilling Prior to any exploration activities or disturbances, the applicant/operator will characterize the background gamma radiation levels at each proposed drill location. These gamma radiation levels will be considered “background” for that particular drill location. The background gamma radiation will be used as the reclamation standard for cleanup at that respective location. For example, if the background gamma radiation in the area averages 20 µR/hour, then the clean-up standard would be the same. All measurements should be taken with a Ludlum Model 19, or similar gamma radiation measuring device. Readings should be taken one (1) meter above the ground at the staked drill hole location and at any proposed pit locations. All measuring devices should be calibrated and certified at least annually. Radiation exposure is measured with gamma rays. The relationship between milliRoetgens (mR) and microRoentgens (µR) is: 1 mR = 1,000 µR; therefore 0.02 mR/hr = 20 µR/hr. The applicant/operator may perform the radiation survey with the results maintained by the applicant/operator until financial assurance has been released by MMD.

2.6 Reclamation Reclamation of the disturbed area must be initiated as soon as possible and be completed in accordance with the schedule outlined in the permit. All disturbed areas, including access roads, damaged in gaining access to or clearing the site, shall be restored as nearly as possible to their original condition unless otherwise requested by the landowner and applicant and approved by MMD. Areas utilized for overland travel will be required to be seeded, at a minimum, and the necessity to fully restore these areas will be determined during the agency inspection and review of the permit application. Vegetative cover shall be reestablished by seeding, planting, transplanting, or other adequate methods.

2.6.1 Radiation Reclamation

The goal of uranium exploration reclamation is for all drill hole locations, and associated disturbances, to be cleaned up to the background gamma radiation levels (background) previously determined. To confirm proper cleanup, following drill hole abandonment, the operator and jurisdictional agency(s) shall survey gamma radiation at each drill hole location and all associated disturbances as described above in Section 2.5 of this guidance document.

In the event that background radiation levels cannot be replicated by using a stable three foot cover, for good cause, the agencies may consider an alternative closeout, radiation level, which shall not be less stringent than levels such as those established by the Nuclear Regulatory Commission (NRC) or the Environmental Protection Agency (EPA).


All drill cores not removed from the site and cuttings that show gamma radiation in excess of background levels shall be buried and covered with no less than three (3) feet of earthen material to reduce gamma radiation exposure to background levels. In some cases where it is impractical to dig a pit for cuttings (such as when bedrock is at the surface), the cuttings are to be removed to another approved site where they can be buried and covered with three (3) feet of soil.

2.6.2 Mud Pits

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.

2.6.3 Drill Holes

Each drill hole advanced must 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 backfilled with topdressing or topsoil from above the cement plug to the original ground surface. The holes must be plugged as soon as practicable and satisfy the requirements of the Office of the State Engineer (OSE) and the New Mexico Environment Department (NMED). Figure 1 provides schematic diagrams for the proper abandonment of dry and wet exploratory boreholes. Note that MMD’s abandonment requirements are typically more stringent than OSE requirements, for dry holes.

2.7 Financial Assurance Financial assurance must be provided by the operator in the form of a surety bond, letter of credit or cash account [19.10.12.1208 NMAC]. The financial assurance will only be released by MMD after the operator has submitted a termination report, and MMD has

determined, after a final inspection, that the reclamation requirements of the permit and the Act have been satisfied. MMD will require the submittal of financial assurance for areas of overland travel, if it is determined, during the review and development of the permit, that reclamation will be needed to address surface disturbance created by overland travel. Figure 2 provides a schematic as to how overland travel will be treated. Financial assurance will be required for borehole abandonment

Abandoned borehole & reclaimed drill pad

Mud pits created during drilling


based on the number of proposed boreholes, the anticipated total depth (anticipated total linear feet for angular boreholes), the maximum anticipated diameter of the boreholes, and whether or not the holes are expected to encounter water-bearing strata.

2.8 Termination Report Upon completion of the project, the operator must provide MMD with a termination report meeting the requirements of 19.10.4.407 NMAC, which includes:

Certification that the exploration reclamation operations have been completed in accordance with the approved permit

A list of the total depth and diameter of each hole drilled, the date the hole was completed, the depth of the water bearing zones, and a statement describing any flow to the surface. o Present the GPS location in both hard-copy (table) and digital (Microsoft Excel

spreadsheet) formats of each completed borehole in latitude/longitude (decimal degrees) or northing/easting (UTM New Mexico Zone 13, NAD83 datum).

A GPS survey of the disturbed area boundary (recommended for permit clarity). Present the GPS location information in latitude/longitude (decimal degrees) or northing/easting (UTM New Mexico Zone 13, NAD83 datum)

A map showing the disturbed area including the number and the location of the disturbed acres, and the location (including identification numbers) of all drill holes and excavation sites.

A flowchart depicting the Minimal Impact Exploration Operations is included on the following page. Figure 1, schematics for exploratory borehole abandonment, is included after the flowcharts. Figure 2, a schematic for overland travel, is included after the flowcharts and Figure 1. An application form for minimal impact exploration operations is available for download from the MMD website: (http://www.emnrd.state.nm.us/MMD/MARP/MARPApplicationandReportingForms.htm)


Part 3: Minimal Impact Exploration – Application Process Flowchart

Comment, revisions, re-submittal(s)

Permit Application Package form [19.10.3.302.D.(1) through (6)] – 6 copies: Applicant and land owner information Project location information (proposed permit area, topographic maps, stream locations,

residences, existing and proposed roads, other access routes, etc.) Cultural resources survey report ** Biological survey report (threatened and endangered species, habitat evaluation) ** General description of proposed project including all potential surface disturbances Depth to ground water and total dissolved solids information Operation and reclamation plan Application fee ($500.00) [19.10.2.201.E]

Deemed Administratively Complete

Deemed Not Administratively Complete

MMD “administratively complete” notification to applicant

MMD review of application package for administrative completeness (Application package posted on MMD website when received)

Deemed Not Technically Complete

MMD submits notification/consultation with Tribes and Agencies (20-day comment period) MMD coordinates an agency inspection of the proposed site

MMD technical review of application package (20-day review period). Disturbances related to overland travel and staging areas, around drill pads are estimated and factored into reclamation cost estimate. Cultural and/or biological resource surveys may be required and/or completed in this phase, depending on agency comments and requirements.

Comments Submitted to

MMD

Comment, revisions,

re-submittal(s)


MMD notice of “technically complete”

application to applicant

Applicant to provide Financial Assurance [19.10.3.302.I.(5)] to include: Plugging & abandonment of boreholes Surface reclamation, including areas that may be potentially impacted by

overland travel or equipment staging (worst case scenario)

MMD issues permit for exploration. Applicant agrees to conditions.

Applicant may commence exploration project. See flowchart on next page for project completion

requirements (Termination Report)

Will the operation excavate >1000 cubic yards of material, or Will disturbed areas (roads, drill pads, mud pits, etc.) exceed 5 acres in total, or Violates the definition of Minimal Impact in 19.10.1.M.(2) NMAC ?

Yes STOP: Minimal

impact regulations are not applicable

No

** May be submitted with the application package OR could be completed during the technical review phase, if required by SHPO and/or NMDG&F based on their response during MMD’s consultation

MMD 2nd Tribal notice (10-day

comment period)


Part 3: Minimal Impact Exploration – Project Completion Flowchart

Termination Report submitted by permittee [19.10.4.407.A through C]: Certification by the operator that the exploration reclamation operations have been

completed in accordance with the approved permit Provide the total depth and diameter of each hole drilled, date completed, depth of

water bearing zones and a statement describing any artesian conditions Identify on a map the disturbed areas including the number and location of the

disturbed acres, and the location and names of all drill holes and excavation sites

MMD inspection of project site for compliance with reclamation and plugging and abandonment procedures.

MMD review of Termination Report

MMD to inform permittee accepting termination of the site in writing

MMD release of financial assurance



Comment, revisions,

re-submittal(s)


Figure 1: Borehole Abandonment Schematics

DRY Exploration Drill Holes WET Exploration Drill Holes Notes: 1.) Drawings are not to scale. 2.) Abandonment of wet, non-artesian boreholes must comply with Office of the State Engineer regulations

19.27.4.30.C NMAC. 3.) Abandonment of wet, artesian boreholes must comply with Office of the State Engineer regulations

19.27.4.31.K NMAC. 4.) Well Exploration Permits and Well Plugging Plans of Operation must be submitted to, and approved by,

the Office of the State Engineer prior to commencement of exploration activities. 5.) Abandonment of exploratory boreholes with drill cuttings, even in dry holes, is not allowed by Mining &

Minerals Division, unless pre-approved by MMD in writing. 6.) Abandonment of exploratory boreholes with native soil (except for top 2 feet), even in dry holes, is not

allowed by Mining & Minerals Division, unless pre-approved by MMD in writing.

Land Surface

2’

10’

Variable Depth

Total exploration depth

100% bentonite clay pellets or chips (i.e. HOLEPLUG® manufactured by Baroid Industrial Products) hydrated in-place according to the manufacturer’s specifications Or Other materials specified in the permit

Neat cement slurry

Topsoil / topdressing 2’

10’

Variable Depth

Total exploration depth

High density bentonite clay slurry (≥20 % active solids, i.e. QUIK-GROUT® manufactured by Baroid Industrial Products) mixed according to the manufacturer’s specifications. Emplaced with a tremie pipe. Or Neat cement slurry (must be used under flowing artesian conditions when water is exiting the surface). Emplaced with a tremie pipe. Or Other sealing material approved by the Office of the State Engineer.

Neat cement slurry

Topsoil / topdressing

Variable Diameter

Variable Diameter


Figure 2: Overland Travel Schematic

Notes: 1.) Drawing is not to scale. 2.) Calculation of overland travel area will be based on an assumed width of 10-15 feet, depending on the

equipment proposed, multiplied by the overland travel path length. 3.) Calculation of overland travel area will include areas of vehicle/equipment parking and maneuvering.

Area Calculated for Financial Assurance (Acreage)

Overland Travel Path

Existing or Created Project Access Road

Proposed Drill Hole


3.0 MINIMAL IMPACT NEW MINING OPERATIONS

3.1 Project Eligibility A mining operation is not a minimal impact project if the project will exceed 10 acres of disturbed land at any one time, excluding pre-existing roads and reclaimed areas within the permit area. To qualify for a minimal impact new operation permit, the disturbed area must be less than 10 acres in total. The project must also meet the definition of Minimal Impact in 19.10.1.M.(2) NMAC.

3.2 Submittals The applicant is required to submit six (6) copies of the completed application form (also called the permit application package) and one (1) additional copy if the proposed operation is located on federal or state land. MMD has created a form for minimal impact mining operations that is available for download from the MMD website: (http://www.emnrd.state.nm.us/MMD/MARP/MARPApplicationandReportingForms.htm). If proposed on federal land, information submitted to the federal land management agency may be submitted with the application in lieu of providing duplicative information to MMD. The application must contain the following information, according to 19.10.3.304.D NMAC:

The name and address of the applicant, land owner, and statement concerning access The location of the proposed operation showing the following within ½ mile of the proposed

operation: o Areas to be disturbed Survey the proposed boundary using GPS Present the proposed boundary in a hard-copy table and digitally (Microsoft Excel

spreadsheet) in latitude/longitude (decimal degrees) or northing/easting (UTM New Mexico Zone 13, NAD83 datum)

o Perennial, intermittent and ephemeral streams, springs, wetland, riparian areas, lakes and reservoirs

o Residences o Existing and proposed roads, other access routes (i.e. overland travel) o Support facilities o Cemeteries, burial grounds and cultural resources. Cultural resources should be located

on a separate map or as part of an inventory report that will be treated as “Confidential” by MMD (see Section 3.2.1 below).

o Pipelines, oil wells, gas wells and water wells A list of other environmental permits held by the applicant within the United States,

including any violations issued for non-compliance with those permits

Typical chemical use at a mine site


A general description of the proposed mining activities including the minerals sought and methods of extraction or processing

A list of any chemicals or types of chemicals to be used on the site An estimate of the depth to ground water and the concentration of total dissolved solids if

known. An explanation of why the proposed operations qualify as minimal impact A list of other permits required for the operation and the anticipated schedule for receipt of

these permits Other information as required by MMD The permit fee as required by 19.10.2 NMAC A proposal for the required financial assurance A signed notarized statement indicating agreement to comply with the requirements of the

permit, 19.10 NMAC, and the Act

3.2.1 Written Determination from New Mexico Environment Department (NMED) for Application In accordance the New Mexico Mining Act, the permit applicant or operator must provide to MMD a written determination from the Secretary of the Environment Department stating that the permit applicant has demonstrated that the activities to be permitted or authorized will be expected to achieve compliance with all applicable air, water quality and other environmental standards if carried out as described.

Once the written determination is received from NMED by the applicant, a copy of the determination must be sent to MMD before MMD can approve a permit. If NMED does not issue a written determination for the proposed activities, the project does not qualify for a minimal impact mining permit.

3.2.2 Confidential Information

Information designated to be confidential by the applicant should be submitted with the application in a separate package. Confidentiality shall be maintained in accordance with the requirements outlined in 19.10.4.402.B NMAC. Information designated to be confidential should be clearly marked. Documents commonly marked as confidential include cultural resource inventory reports, financial information, information concerning the grade or location of ore reserves or trade secret information, and financial agreements with private landowners. If a request is made for public review of the information designated by the operator to be confidential, MMD will 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 MMD, the information will be released. When a request is made to review confidential information, MMD will attempt to notify the operator within 24 hours of the request and will provide written notification by certified mail.


3.3 Agency & Tribal Consultation Once received and deemed “administratively complete,” MMD will deliver copies of the application package to the following agencies: NM Environment Department Office of the State Engineer NM Department of Game and Fish State Forestry Division State Historic Preservation Office

Any federal agency involved with the operation permit area (i.e., Bureau of Land Management, US Forest Service, etc.)

Other agency (or agencies) and tribes deemed appropriate by MMD

Various tribes will also be notified in writing of the proposed project. Information designated by the operator as confidential will not be provided during consultation, however a list of the parts withheld will be included. The withheld parts will be provided only upon an agency’s specific request.

It should be noted that, if the permit area is on state or federal property, MMD will not issue a permit until the appropriate agency has approved or acknowledged the proposed operation. Agencies will have 20-days in which to provide comments to MMD. A second tribal notice will be submitted after the technical review of the project is completed, when the issuance of a permit by MMD is imminent. Tribes will be requested to respond within 10-days after receipt of the second notice. Also, a permit will not be granted by MMD until the secretary of NMED has provided a written determination stating that the permit applicant has demonstrated that the activities to be permitted or authorized will be expected to achieve compliance with all applicable air, water quality and other environmental standards if carried out as described.

3.4 Technical Review

Based on the information provided in the application and from the agencies and tribes during consultation, a technical review of the operation will be performed to determine if the operation is eligible for a minimal impact operation permit. A site visit may be performed during this time to assist in the technical review process. Once deemed to be “technically complete,” a permit will be issued by MMD for the operation. A permit will only be issued if:

The application is complete and demonstrates that the proposed operation will comply with the performance and reclamation standards and requirements of 19.10.3.304.D.(6) through (8) NMAC

Historic structure on mining property


The permit fee has been paid The applicant has provided satisfactory financial assurance The applicant, the operator or owner or any persons or entities directly controlled by the

applicant, operator, owner or any persons or entities that directly control the applicant, operator or owner: o Are not currently in violation of the terms of another permit issued by MMD or in

violation of any substantial environmental law or regulation at a mining operation in the United States

o Have not demonstrated a pattern of willful violations of the act or other New Mexico environmental statutes

The applicant has signed a notarized statement indicating agreement to comply with the requirements of the permit, 19.10 NMAC, and the Act

The applicant agrees to allow MMD to enter the permit area, without delay, for the purpose of conducting inspections until the release of financial assurance

The Secretary of the New Mexico Environment Department has provided a written determination stating that the permit applicant has demonstrated that the activities to be permitted or authorized are expected to achieve compliance with all applicable environmental standards

3.5 Mining Operation and Reclamation A detailed mining and reclamation plan must be provided. The operational features of the mine must be described in detail. A reclamation plan of the disturbed area and a schedule outlining the steps to take place during reclamation, must be provided. All disturbed areas, including access roads, shall be restored as nearly as possible to their original condition, unless otherwise requested by the landowner and applicant and approved by MMD. Vegetative cover shall be reestablished by seeding, planting, or transplanting, using current best management and reclamation techniques. The reclamation techniques, including plant or seed species to be used, must be described in the application. The following performance standards must be integrated into the mining and reclamation plan:

o Description of how the mining and reclamation operation will be designed and operated using the most appropriate technology and best management practices

o A description of measures to be taken to assure protection of human health and safety, the environment, wildlife and domestic animals

o Measures to be taken to safeguard the public from unauthorized entry into shafts, adits and tunnels and the prevent falls from highwalls or pit edges

o Methods to be implemented so that the disturbed area will not contribute suspended solids above background levels, or where applicable, the water quality control commission’s standards, to intermittent and perennial streams

o A description of how the operation will be operated and reclaimed to a self-sustaining ecosystem.


3.5.1 Radiation Reclamation

The goal of uranium mine reclamation is for all waste piles, ore piles and associated disturbances to be cleaned up to the background gamma radiation levels (background) previously determined. To confirm proper cleanup, following reclamation, the operator and jurisdictional agency(s) shall survey gamma radiation at the site and all associated disturbances in the same manner described above in Section 2.5 of this guidance document. In the event that background radiation levels cannot be replicated by using a stable three foot cover, for good cause, the agencies may consider an alternative closeout radiation level, which shall not be less stringent than guidelines/standards such as those established by the Nuclear Regulatory Commission (NRC) or the Environmental Protection Agency (EPA).

3.6 Permit Terms The permit term is governed by 19.10.3.304.K and 19.10.6.607 NMAC. The general terms include:

The permittee must maintain a permit until financial assurance is released The term of a permit will not exceed 20 years The term of renewals will not exceed 10 years For permits issued for more than five years, MMD will 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

A permit shall be reviewed and may be required to be modified or revised MMD shall periodically review the amount of financial assurance filed with MMD, and may

require adjustments to the amount of financial assurance based upon the estimated cost of fulfilling reclamation obligations at any point during the permit term

If the permit area contains property owned by the federal or state government, the expiration or termination of the government’s authorization for the permittee to conduct mining operations on the property automatically suspends the permittee’s authority to continue mining operations on the property, though not necessarily reclamation operations.

3.7 Financial Assurance MMD shall determine the amount of financial assurance based on the cost of reclaiming the site by a third party. Operations resulting in/causing less than two acres total disturbance are not required to provide financial assurance.

3.8 Permit Modifications or Revisions

Modifications or revisions to a minimal impact new operation permit are allowed under 19.10.3.304.K NMAC and 19.10.6.608 NMAC. Modifications to a permit indicate a lesser change to the permit and do not require public notice or an opportunity for a public hearing. Revisions to a permit indicate that the proposed change may have a significant environmental impact not considered during the initial application review and therefore requires public notice and an opportunity for a public hearing. MMD will review each request for a permit modification to


determination which it must be processed as a revision, taking into account numerous factors such as:

Expansion limits designed by the permit Potential effect on wetlands, streams, perennial or intermittent streams and other bodies of

water Potential impact on ground water Potential point or non-point source surface or subsurface releases of acid or other toxic

substances Location relative to designated critical habitat areas or potential impact on endangered

species Potential effects on cultural resources, cemeteries or other burial grounds Location relative to Federal Wilderness Areas or other sensitive areas Whether the proposed change would result in a significant increase in the amount of

financial assurance as determined by MMD Whether the proposed change would significantly depart from the nature or scale of the

permit Permit modifications or revisions for a mining operation are required for:

Each new discrete processing, leaching, excavation, storage or stockpile unit located within the permit area and not identified in the permit

For each expansion of such a unit identified in the permit that exceeds the design limits specified in the permit

For any change in the approved reclamation plan Actions within the disturbed area that do not require permit modifications, as long as the actions do not change the reclamation plan, include:

The construction, relocation or modification of roads Placement or movement of support buildings, equipment areas, maintenance shops,

monitoring facilities, wells, power lines, power poles, substations, and communications facilities

The movement of tanks, pipelines, utilities and portable units Changes to facilities subject to regulation under the Solid Waste Act

3.9 Annual Reports Annual reports are required for each minimal impact new mining operation permit pursuant to 19.10.6.610 NMAC. The permittee must submit an annual report on or before April 30 of each year after a permit has been issued. The annual report is a form provided by MMD and the report is submitted for the preceding calendar year. The report must:

Provide the status of the operation Provide production figures for the operation


Identify (on separate maps): o The location of the disturbed areas o The location of reclaimed areas and the year in which the work was performed

Provide the location of the operation boundary using GPS in latitude/longitude (decimal degrees) or in northing/easting (UTM New Mexico Zone 13, NAD83 datum)

Provide the number of disturbed acres, the number of acres reclaimed during the reporting year, and the number of acres which have not yet been reclaimed

Provide an indication of the current market value of any collateral posted as financial assurance

State the compliance status for all existing state and federal environmental permits held by the permittee for this operation

A flowchart depicting the Minimal Impact New Mining Operations Application Process is included on the following page. A flowchart depicting the Minimal Impact New Mining Operations Modification/Revision Process is also included on the following pages. An application form for minimal impact mining operations is available for download from the MMD website: (http://www.emnrd.state.nm.us/MMD/MARP/MARPApplicationandReportingForms.htm)


Part 3: Minimal Impact New Mining Application Flowchart

Permit Application Package form [19.10.3.302.D.(1) through (6)] – 6 copies: Applicant, land owner and access information Project location information (proposed permit area, topographic maps, stream locations, residences,

existing and proposed roads, other access routes, oil wells, gas wells, water wells, etc. within ½ mile of the permit area)

Cultural resources survey report ** Biological survey report (threatened and endangered species, habitat) ** General description of proposed project Depth to ground water and total dissolved solids information Description as to why the proposed operation qualifies as minimal impact General description of how the operation will meet performance standards [19.10.3.304.D.(7)] General description of how the operation will be operated and reclaimed A closeout plan [19.10.3.304.D.(8)] A list of other permits held and any violations issued A list of other permit required and the anticipated schedule Application fee [19.10.2.201.E] and proposal for financial assurance

Will the new mining operation exceed 10 acres of disturbed land? Violates the definition of Minimal Impact in 19.10.1.M.(2) NMAC. Yes

No

STOP: Minimal impact regulations are not applicable.

Apply under 19.10.5 NMAC

Deemed Administratively

Complete Deemed Not

Administratively Complete


MMD “administratively complete” notification to applicant


MMD submits notification/consultation with Tribes and Agencies (20-day comment period). MMD coordinates

an agency inspection of the proposed site

MMD technical review of application package (20-day review period). Submit copy of signed

NMED written determination to MMD


MMD

Comment, revisions,

re-submittal(s)


Applicant to provide Financial

Assurance

MMD issues or denies permit

** May be submitted with the application package OR could be completed during the technical review phase, if required by SHPO and/or NMDG&F based on their response during MMD’s consultation

MMD review of application package for administrative completeness

MMD 2nd Tribal notice (10-day

comment period)


Part 3: Minimal Impact New Mining Permit Modification/Revision Flowchart

Does the operation currently have a valid Part 3 Minimal Impact New Mining Permit?

No

STOP: Apply for permit under 19.10.3.304 if

minimal impact conditions apply

Yes

Permit modifications are allowed under 19.10.3.304.K and 19.10.6.608 NMAC

Deemed Administratively

Complete

Deemed Not Administratively

Complete

MMD review of application package for administrative

completeness

Submit application for permit revision or modification [19.10.3.304.F NMAC]

The following actions within the disturbed area that do not change the reclamation plan do not require permit modifications:

Construction, relocation or modification of roads

Placement or movement of support structures

Movement of tanks, pipelines, utilities or portable units

Changes to facilities subject to regulation under the Solid Waste Act

Actions that require a permit modification or revision:

New discrete processing, leaching, excavation, storage, or stockpile unit located within the permit area and not identified in the permit

Each expansion of such a unit identified in the permit that exceeds the design limits specified in the permit for such units


MMD determination as to whether the request is a “revision” or a

“modification”


MMD submits notification/consultation with Tribes and Agencies

MMD coordinates an agency inspection of the proposed operation

MMD technical review of application package


MMD

Comment, revisions,

re-submittal(s) Deemed

Technically Complete

Revision Track

Modification Track

MMD re-review of revision application & comment considerations. Permit

language drafted.

Permit language drafted & permit modification issued by MMD

Permit revision approved or denied by MMD

MMD 2nd Tribal notice (10-day comment period)