N.M. Code R. § 19.10.5.507 – Performance and Reclamation Standards and Requirements

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.
[7-12-94, 2-15-96; 19.10.5.507 NMAC - Rn, 19 NMAC 10.2.5.507, 05-15-2001]