Six copies of an application for a permit revision shall be submitted, in a format acceptable to the Director, pursuant to Section 69-36-7G 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.

1. 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.

2. 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 69-36-11B(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.

3. C. Upon a showing that achieving a post-mining land use or self-sustaining ecosystem is not technically or economically feasible or is environmentally unsound, the Director may waive the requirement to achieve a self-sustaining ecosystem or post-mining land use for an open pit or waste unit if 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 will not pose a current or future hazard to public health or safety.
4. D. As soon as practicable after the receipt of the 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.
5. E. The Director shall, after determining that the application is complete, deliver copies of the application or appropriate sections (except those parts of the application designated confidential under Subsection B of 19.10.5.502 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; 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.
6. F. 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.
7. G. After notifying the applicant that the application is complete, the Director shall conduct a technical review of the closeout plan to determine if it is approvable. If the Director determines that the closeout plan is not approvable, the Director shall notify the applicant in writing of this determination, specifically describing each deficiency. The Director shall, upon submittal of additional information or changes, notify the applicant whether the resubmitted application is approvable or it continues to be deficient.
8. H. As soon as practicable after receiving notice that the closeout plan is approvable, the applicant shall submit a proposal for financial assurance in accordance with 19.10.12 NMAC.
9. I. The Director may approve a closeout plan subject to conditions necessary to meet the requirements of the Act and 19.10 NMAC.

10. J. The Director shall approve an application to incorporate a closeout plan or closeout plan for a portion of the mine if:

    (1) the closeout plan and permit application are complete and the public participation requirements of 19.10.9 NMAC have been met;

    (2) the closeout plan permit fee has been paid and the financial assurance is adequate and has been provided;

    (3) the applicant has demonstrated that the work to be done will reclaim disturbed areas within the permit area to a condition that allows for the re-establishment of a self-sustaining ecosystem on the permit area following closure, appropriate for the life zone of the surrounding areas unless conflicting with the approved post-mining land use; provided that for purposes of 19.10.5 NMAC, upon a showing that achieving a post-mining land use or self-sustaining ecosystem is not technically or economically feasible or is environmentally unsound, the Director may waive the requirement to achieve a self-sustaining ecosystem or post-mining land use for an open pit or waste unit if 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 will not pose a current or future hazard to public health or safety;

    (4) the existing mining operation is on state or federal lands, the appropriate land management agency approves or acknowledges the proposed closeout plan if approval or acknowledgement by the land management agency is required under that agency's regulations;

    (5) a written determination has been received from the Secretary of the Environment Department stating that the application 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 in the closeout plan. This determination shall address applicable standards for air, surface water and ground water protection enforced by the Environment Department or for which the Environment Department is otherwise responsible;

    (6) the applicant has submitted a notarized statement signed by the applicant that he agrees to comply with the performance and reclamation standards and 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 mining and reclamation.

    [7-12-94, 2-15-96; 19.10.5.506 NMAC - Rn, 19 NMAC 10.2.5.506, 05-15-2001; A, 05-31-2001]