N.M. Code R. § 20.6.7.11

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.6.7.11 - APPLICATION REQUIREMENTS FOR DISCHARGE PERMITS FOR A COPPER MINE FACILITY

A. An application for a new discharge permit or a renewal of an existing discharge permit shall include the applicable information in this section. An application for a modification of an existing discharge permit shall include the information in this section relevant to the proposed modification but need not include information listed in this section if the information was submitted to the department in the prior discharge permit application and the information has not changed since the discharge permit was issued. The department may require separate operational and closure discharge permits, or may combine operational and closure requirements in the same permit.

B.Contact information. An application shall include:

(1) applicant's name, title and affiliation with the copper mine facility, mailing address, and telephone number;

(2) the name, mailing address and telephone number of each owner and operator of the copper mine facility;

(3) if different than the applicant, the application preparer's name, title and affiliation with the copper mine facility, mailing address, telephone number and signature;

(4) the mailing address and telephone number of any independent contractor authorized to assist the copper mine facility with compliance with the Water Quality Act and 20.6.2 NMAC and 20.6.7 NMAC; and

(5) if the person submitting the application is not the owner or operator of the copper mine facility, a certification that the person is duly authorized to submit the application on behalf of the owner or operator.

C.Ownership and real property agreements.

(1) An application shall include the copper mine facility owner's name, title, mailing address and phone number.

(a) If more than one person has an ownership interest in the copper mine facility or a partnership exists, then the applicant shall list all persons having an ownership interest in the copper mine facility, including their names, titles, mailing addresses and telephone numbers.

(b) If any corporate entity holds an ownership interest in the copper mine facility, the applicant shall also list the name(s), as filed with the New Mexico public regulation commission, of the corporate entity, and the corporate entity's registered agent's name and address.

(2) If the applicant is not the owner of the real property upon which the copper mine facility is or will be situated, or upon which the discharge will occur, the applicant shall submit the name, address and telephone number of the owner(s), and a notarized statement from the owner which authorizes the use of the real property for the duration of the term of the requested permit. In the event the property is under federal or state ownership the applicant shall provide other evidence of authorization to enter public lands for mining.

D.Setbacks. An application for a new copper mine facility shall include a scaled map of the proposed copper mine facility layout demonstrating that the copper mine facility meets the setback requirements of 20.6.7.19 NMAC.

E.Copper mine facility information and location. An application shall include:

(1) the copper mine facility name, physical address and county;

(2) the township, range and section for the entire copper mine facility; and

(3) the total acreage of the copper mine facility.

F.Public notice preparation.

(1) An application for a new, modified or renewed and modified discharge permit shall include the name of a newspaper of general circulation in the location of the copper mine facility for the display advertisement publication, the proposed public location(s) for posting of the 2-foot by 3-foot sign, and the proposed off-site public location for posting of the additional notice, as required by Subsection B of 20.6.2.3108 NMAC.

(2) An application for a renewed discharge permit that does not seek a discharge permit modification shall include the name of a newspaper of general circulation in the location of the copper mine facility for the future display advertisement publication as required by Subsection C of 20.6.2.3108 NMAC.

G.Pre-discharge total dissolved solids concentration in ground water. An application shall include the pre-discharge total dissolved solids concentration, or range of concentration, from analytical results of ground water obtained from on-site test data from the aquifer(s) that may be affected by discharges from the copper mine facility. A copy of the laboratory analysis stating the pre-discharge total dissolved solids concentration shall be submitted with the application.

H.Determination of maximum daily discharge volume. An application shall include the following information.

(1) The proposed maximum daily discharge volume of process water and tailings for each discharge location and a description of the discharge locations and the methods and calculations used to determine that volume.

(2) The identification of all sources of process water and tailings.

(3) The estimated daily volume of process water and tailings generated.

(4) Information regarding other waste discharges (i.e., domestic or industrial) at the copper mine facility. Permit identification numbers shall be submitted for those discharges that are already permitted.

I.Process water and tailings quality. An application shall include estimated concentrations of process water and tailings slurry quality for the constituents identified in 20.6.2.3103 NMAC including the basis for these estimations.

J.Identification and physical description of the copper mine facility. An application shall include the following information;

(1) a scaled map of the entire existing or proposed copper mine facility showing the location of all features identified in Paragraphs (2) through (11) of this subsection; the map shall be clear and legible, and drawn to a scale such that all necessary information is plainly shown and identified; the map shall show the scale in feet or metric measure, a graphical scale, a north arrow, and the effective date of the map; multiple maps showing different portions of the copper mine facility may be provided using different scales as appropriate; documentation identifying the means used to locate the mapped objects (i.e., global positioning system (GPS), land survey, digital map interpolation, etc.) and the relative accuracy of the data (i.e., within a specified distance expressed in feet or meters) shall be included with the map; any object that cannot be directly shown due to its location inside of existing structures, or because it is buried without surface identification, shall be identified on the map in a schematic format and identified as such;

(2) a description of each existing or proposed tailing impoundment, leach stockpile, process water and impacted stormwater impoundment, waste rock stockpile, and slag including information about its location, purpose, liner material, storage or disposal capacity, and the methods proposed or used to prevent pollution of ground water;

(3) a description of each existing or proposed open pit and underground mine within the proposed copper mine facility and information about its location, depth, size, and acreage;

(4) a description of each existing or proposed material handling and processing unit including crushing, milling, concentrating, smelting and SX/EW units within the copper mine facility, and information about its location and proposed methods of process water handling and disposal;

(5) a description of existing or proposed sumps, tanks, pipelines and truck and equipment wash units, including information for each unit regarding its location, purpose, construction material, dimensions and capacity; for portable tanks or pipelines or those subject to periodic relocation, identify the areas within which they may be used;

(6) a description of the proposed method(s) to manage stormwater runoff and run-on to minimize leachate that may be discharged;

(7) a description of water wells and monitoring wells, including information for each well regarding its location, construction material, dimensions and capacity;

(8) a description of flow meters required pursuant to the copper mine rule or a discharge permit and fixed pumps for discharge of process water, tailings and impacted stormwater;

(9) a description of any surface water(s) of the state and any other springs, seeps, ditch irrigation systems, acequias, and irrigation canals and drains located within the boundary of the copper mine facility;

(10) a description of proposed sampling locations; and

(11) a description of all septic tanks and leachfields used for the disposal of domestic wastes.

K.Surface soil survey, geology and hydrology. An application shall include:

(1) the most recent regional soil survey map and associated descriptions identifying surface soil type(s);

(2) a geologic map covering the area within a one-mile radius of the copper mine facility and geologic and lithological information which provides a geologic profile of the subsurface conditions beneath the copper mine site, including the thickness of each geologic unit, identification of which geologic units are water bearing, cross sectional diagrams and sources of all such information; and

(3) hydrologic information on any surface waters of the state within one-half mile of the boundary of the copper mine facility, and of subsurface conditions for all water bearing zones beneath the copper mine facility including maximum and minimum depths to ground water, direction of ground water flow, hydrologic gradients shown by potentiometric maps, transmissivity and storativity, and ground water quality; the sources of all such information shall be provided with the application.

L.Location map. An application shall include a location map with topographic surface contours identifying all of the following features located within a one-mile radius of the copper mine facility:

(1) watercourses, lakebeds, sinkholes, playa lakes, seeps and springs (springs used to provide water for human consumption shall be so denoted);

(2) wells supplying water for a public water system and private domestic water wells;

(3) irrigation and other water supply wells; and

(4) ditch irrigations systems, acequias, irrigation canals and drains.

M.Flood zone map. An application shall include, if available, the most recent 100-year flood zone map developed by the federal emergency management administration (FEMA), flood insurance rate map or other flood boundary and floodway map with the copper mine clearly identified along with all 100-year frequency flood zones for the copper mine facility, and a description of any engineered measures used for flood protection.

N.Engineering design, construction and surveying. Pursuant to 20.6.7.17, 20.6.7.18, 20.6.7.20, 20.6.7.21, 20.6.7.22, 20.6.7.23 and 20.6.7.26 NMAC an application shall include:

(1) plans and specifications for proposed new or modified tailings impoundments, leach stockpiles, waste rock stockpiles, and process water and impacted stormwater impoundments and associated liners;

(2) plans and specifications for proposed new or modified tanks, pipelines, truck and equipment wash units and other containment systems; and

(3) a stormwater management plan.

O.Material characterization plan and material handling plan. An application shall include a material characterization plan and, if applicable, a material handling plan for all waste rock excavated at the copper mine facility pursuant to Subsection A of 20.6.7.21 NMAC.

P.Hydrologic conceptual model. An application for a discharge permit for a new copper mine facility shall include a site hydrologic conceptual model providing:

(1) a description of the hydrogeologic setting at the copper mine facility including ground water potentiometric maps, surface water drainages and flows, types of ground water and surface water recharge and its distribution, and hydrologic boundary conditions and divides;

(2) the site hydrogeologic setting relative to both local and regional hydrology and geology including appropriate cross-sectional diagrams depicting major geologic formations and structures, aquifers, and ground water depths;

(3) potential sources of water contaminants including discharge types and their locations;

(4) potential pathways for migration of water contaminants to ground water and surface water; and

(5) any surface waters of the state that are gaining because of inflow of ground water that may be affected by water contaminants discharged from the copper mine facility.

Q.Waste minimization plan. An application shall include a waste minimization plan to implement, as practicable, best management practices for minimization and recycling of process water and wastes generated at the copper mine facility to reduce the potential for impacts to ground water.

R.Monitoring wells. An application shall include the location of all existing and proposed ground water monitoring wells pursuant to 20.6.7.28 NMAC.

S.Flow metering. An application shall describe a copper mine facility's flow metering system pursuant to Paragraph (5) of Subsection C of 20.6.7.17 NMAC, Subsection E of 20.6.7.18 NMAC, and Subsections C and E of 20.6.7.29 NMAC, including:

(1) the method(s) (i.e., pumped versus gravity flow) of process water discharge and stormwater transfer and handling;

(2) the proposed flow measurement devices for each flow method and information about its type and capacity; and

(3) the location of all existing and proposed flow meters required pursuant to the copper mine rule or a discharge permit.

T.Closure plan. An application shall include a closure plan for all portions of a copper mine facility pursuant to Subsection A of 20.6.7.18 NMAC, 20.6.7.33 NMAC, 20.6.7.34 NMAC and 20.6.7.35 NMAC unless closure of the copper mine facility is covered, or will be covered, by a separate closure discharge permit.

U.Financial assurance. An application shall include a proposal for financial assurance for those portions of a copper mine facility to be reclaimed in accordance with a closure plan submitted pursuant to Subsection A of 20.6.7.18 NMAC, 20.6.7.33 NMAC, 20.6.7.34 NMAC and 20.6.7.35 NMAC.

V.Variances. An application shall identify any issued or proposed variances for the copper mine facility pursuant to 20.6.2.1210 NMAC and the sections of the copper mine rule affected by the variance(s).

W.Meteorological data. An application shall include a plan to measure meteorological data at sites throughout the copper mine facility including precipitation, temperature, relative humidity, solar radiation, wind speed and wind direction.

N.M. Code R. § 20.6.7.11

20.6.7.11 NMAC - N, 12/1/13