N.M. Code R. § 19.10.3.301 – General Permits

A. Validity:
1. (1) Operators must have a valid permit prior to commencing operations.
2. (2) A general permit for operations not occurring in intermittent streams, perennial streams or other bodies of water is valid for a period of one year once the applicant has submitted a signed copy of the general permit application to the director.
3. (3) For general permit operations occurring in intermittent streams, perennial streams or other bodies of water, the permit is valid for a period of one year once the applicant submits a signed copy of the general permit to the director and the environment department sends the director a copy of a certification from the environment department stating that water quality standards are expected to be met if the operation is conducted as described.
4. (4) General permits must be submitted for renewal at least 10 days prior to expiration.
B. Mining operations not occurring in intermittent streams, perennial streams or other bodies of water may apply to the director for a general permit if they meet the following requirements:
1. (1) the operation does not have any of the disqualifying characteristics listed in Subsection M, Paragraph (2), Subparagraphs (a) through (i) of 19.10.1.7 NMAC;
2. (2) not excavate greater 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;for the purposes of this paragraph “unreclaimed” means the failure to meet the commitments of Subsection D, Paragraph (2), Subparagraphs (b) through (d) of 19.10.3.301 NMAC; and
3. (3) not cause a discharge of process water or drilling mud.
C. Mining operations occurring in intermittent streams, perennial streams or other bodies of water may apply to the director for a general permit if they meet the following requirements:
1. (1) the operation does not have any of the disqualifying characteristics listed in Subsection M, Paragraph (2), Subparagraphs (b) through (i) of 19.10.1.7 NMAC;
2. (2) not excavate greater than 2 cubic yards per day and 100 cubic yards per year;
3. (3) maintain a distance of at least 50 yards from other mining operations;
4. (4) not excavate into stream banks; and
5. (5) not drill.
D. An application for a general permit shall be on the form approved by the director and will include the following:
1. (1) the name and address of the operator, and location of the operation;
2. (2) a commitment from the applicant to comply with the following requirements:
  1. (a) not to exceed the applicable characteristics of Subsection B of 19.10.3.301 NMAC or Subsection C of 19.10.3.301 NMAC;
  2. (b) regrade the disturbed area to blend into and compliment the drainage pattern of the surrounding terrain upon cessation of operations;
  3. (c) revegetate the disturbed area with a seed mix appropriate for the surrounding area upon cessation of operations;
  4. (d) minimize erosion and sedimentation by use of best management practices;
  5. (e) safeguard against hazards to the health and safety of humans and domestic animals;
  6. (f) agree that the operation is subject to the inspection, enforcement and penalty provisions of 19.10.11 NMAC;
  7. (g) provide information necessary to meet other requirements specified by the director which are necessary to meet the definition of "minimal impact mining operation" Subsection M, Paragraph (2) of 19.10.1.7 NMAC or achieve reclamation;
  8. (h) agree to complete the requirements of Subsection D, Paragraph 2, Subparagraphs b through e of 19.10.3.301 NMAC prior to expiration of the permit; and
  9. (i) comply with applicable state and federal requirements and standards; and
3. (3) a signed statement by the operator agreeing to allow the director to inspect the operation, and to follow the terms of the general permit.
E. Operations meeting the general permit provisions are not required to provide financial assurance. An application fee of $50.00 is required. General permit inspections are at the discretion of the director.
F. Operations not excluded from the act or not eligible for a general permit must meet the requirements of the definition of "minimal impact mining operation" in 19.10.1.7 NMAC in addition to the specific requirements set forth below for each type of operation in order to be granted minimal impact status. If the operation does not meet minimal impact status it must be permitted in accordance with 19.10.4 NMAC, 19.10.5 NMAC or 19.10.6 NMAC.
[7-12-94, 2-15-96, 12-14-96, 12-29-2000; 19.10.3.301 NMAC - Rn, 19 NMAC 10.2.3.301, 05-15-2001; A, 05-31-2001]