Current through Register Vol. 35, No. 11, June 11, 2024
Section 20.6.7.34 - IMPLEMENTATION OF CLOSUREA.Notification of intent to close. A permittee shall notify the department in writing of its intent to implement the closure plan for a copper mine facility or an individual unit of a copper mine facility. Notification shall be given at least 30 days prior to implementation of closure construction activities.B.Initiation of closure. Upon notice of intent to implement a closure plan, a permittee shall commence closure in accordance with the approved closure plan. Implementation of closure includes preparation and submittal of a final design and CQA/CQC plan. The permittee shall submit the final design and CQA/CQC plan to the department for approval within 180 days of submission of a notice of intent to implement the closure plan. The permittee shall commence final closure construction of the copper mine facility or unit within 180 days of receipt of written approval of the final design and CQA/CQC plan. These timelines may be modified by the department upon request by the permittee for good cause shown, including allowance for time for procurement and mobilization of construction services and materials prior to actual closure construction.C.Notification of change in operational status. Whenever operation of a copper mine facility subject to closure requirements under the copper mine rule is suspended or resumed, the permittee shall provide the department written notification within 30 days of the date operation is suspended or resumed. Each subsequent semi-annual report submitted during suspension of operation of a copper mine facility shall state whether the permittee intends to resume operations and the anticipated date of resumption of operations or the conditions under which operations will resume.D.Department notice regarding suspended operations and enforcement action. If leaching operations or milling operations at a copper mine facility are suspended for more than one year, the department may issue a written notice to the permittee requesting that the permittee provide evidence that the permittee is capable of and intends to resume operation of the unit. If the permittee does not respond within 30 days of postal notice of the department's written notice, or if the permittee does not provide evidence that the copper mine facility or unit is capable of resuming operation, that the permittee intends to resume operation of the copper mine facility or unit, and that the copper mine facility or unit does not pose a threat to public health or cause undue damage to property, the department may determine that the permittee is in violation of the copper mine rule for failure to implement closure of the copper mine facility or unit in a timely manner and may take appropriate enforcement action pursuant to Section 74-6-10 NMSA 1978, including requiring implementation of closure in accordance with 20.6.7.33 NMAC and this section.E.Deferral of closure. A permittee may request deferral of closure of a unit at a copper mine facility that has reached the end of its useful life with no intent by the permittee to resume operations if the proximity of active operations at the copper mine facility could result in ongoing contamination of the unit, closure would require relocation or replacement of infrastructure that supports ongoing operations, or for other good cause shown. The department may approve a deferral of closure if the permittee demonstrates that adequate water management measures are being implemented and maintained to protect ground water quality during the period of deferral.F.Final design. The permittee shall submit a final design and CQA/CQC plan to the department for approval at least 60 days prior to construction, including commencement of surface shaping activities, of any area subject to a closure plan pursuant to the copper mine rule including, but not limited to, tailing impoundments, waste rock piles, leach stockpiles, and any other area where cover is required under the approved closure plan. The CQA/CQC plan must include detailed engineering designs for storm water management structures and associated conveyance systems, cover design specifications, a cover material suitability assessment, a borrow source location, a rip rap suitability assessment, a rip rap source location, a post reclamation storm water management plan, and a schedule for completion. In addition, the final design and CQA/CQC plan shall include best management practices that will be employed during reclamation to address erosion and storm water management in a manner that meets the requirements of the Water Quality Act and commission regulations. The final design and CQA/CQC plan shall bear the signature and seal of a licensed professional engineer in accordance with Subsection A of 20.6.7.17 NMAC.G.CQA/CQC report. Within 180 days after project completion, the permittee shall submit a final CQA/CQC report to the department. The CQA/CQC report shall include, at a minimum, as-built drawings of the entire reclaimed area including test pit locations and cover thickness data, a final survey report and topographic map following cover placement, a summary of work conducted, construction photographs, the location of reclaimed borrow areas, soil testing results, and laboratory analytical reports. The contour intervals on topographic maps shall be no greater than two feet for the top surfaces and no greater than 10 feet for the outslopes for closure of tailing impoundments, leach stockpiles or waste rock stockpiles. The CQA/CQC report shall provide summaries of the quality assurance data, documenting that the project was completed according to the approved final design and CQA/CQC plan with significant exceptions explained. The CQA/CQC report shall bear the signature and seal of a licensed professional engineer in accordance with Subsection A of 20.6.7.17 NMAC.20.6.7.34 NMAC - N, 12/1/13