In the event of a conflict between any provision of this section and any other provision of the SLDC, the more stringent provision shall apply. For proposed Mineral Resource Extraction and Processing operations that will occur on federal lands, the permit area defined in the permit issued by the New Mexico Mining and Minerals Division shall apply in lieu of the area defined by the DCI Overlay Zoning District. Mineral exploration on federal lands shall require a CUP in accordance with § 11.312 Federal Land.

No Mineral Resource Exploration, Extraction, Processing shall be conducted prior to the establishment of a DCI Overlay Zoning District pursuant to § 11.5: GENERAL PROVISIONS, subject to § 11.312 Federal Land regarding federal lands. An Applicant may obtain an exploration permit by submitting an exploration and reclamation plan with its application for a DCI Overlay Zoning District. The Board may approve an exploration permit at the same time or after it approves a DCI Overlay Zoning District if the Applicant demonstrates compliance with § 11.8: GENERAL PERFORMANCE STANDARDS, § 11.14.3 Design Criteria. and § 11.14.6 Performance Standards and Conditions to the extent the Administrator determines these Sections should apply given the type, extent, and duration of the exploration, the amount of surface disturbance, and the threats posed to public health, welfare, safety and the environment. The Administrator may recommend, and the Board may impose reasonable conditions on exploration permits.

No application for a permit to extract or process any uranium mineral or other radioactive mineral shall be considered until the County adopts a regulation for such activity that protects the public health, safety, and welfare, and the environment.

Application Requirements.
In addition to the requirements of § 11.8: GENERAL PERFORMANCE STANDARDS, a DCI CUP application for Mineral Resource Extraction and Processing shall include the following:
 

Surface and Mineral Estates; Existing Land Uses.
A map showing surface and mineral ownership and existing land uses within the DCI Overlay Zoning District, including the name, mailing address, and telephone number of each owner.

Right of Entry.
Proof of the Applicant’s right to conduct the proposed mining operations within the DCI Overlay Zoning District.

State and Federal Permits and Related Materials.
All relevant state and federal permits, including permits related to environmental protection, reclamation, and threatened and/or endangered species, and all reports, data, applications, modelling, orders, judgments, and other materials related to the state and federal permitting proceedings. The Applicant shall identify all federal or state requirements that, in the Applicant’s opinion, satisfy the requirements the SLDC and shall specify which, if any, state or federal laws, regulations, or permit requirements conflict with any requirements in the SLDC.

Soil Classification Report.
If onsite top soil is required to implement the reclamation plan, a Soil Classification Report shall describe the soils within the DCI Overlay Zoning District based on classifications published by the U.S. Soil Conservation Service.

See § 11.1445 Project Description
See § 11.1446 Sampling and Analysis Plan and Baseline Conditions Report. 

Existing Pollution and Sources of Pollution.
The Application shall describe how the Applicant intends to address any existing pollution or sources of pollution identified in the BCR and how such existing features will affect the proposed operations, reclamation, and environmental monitoring and protection. The Applicant shall identify the parties actually responsible for such pollution, if known, and the parties who are currently legally liable for reclaiming, remediating, or abating the pollution and pollution sources, if any, including the legal authority for such liability. Notwithstanding any other provision of state or federal law, the Board may require the DCI CUP Permittee to reclaim, contain, or otherwise abate existing pollution and pollution sources as a condition of approving the DCI CUP.

Environmental Impact Report.
In addition to the requirements of § 11.7191 Environmental Impact Report, the EIR shall include additional analyses, hydrologic and contaminant-transport modelling, maps, cross sections, and such other information as required to fully describe the environmental and site conditions expected to occur during and after the cessation of active mining operations, including during construction, operations, reclamation, closure, and post-closure using geological, meteorological, hydrological, geochemical, and mineralogical modeling for each baseline described in BCR, including:

1. the mineral composition of the rock, ore, and soil to be extracted, processed, stored, deposited, exposed, or disposed of within the DCI Overlay Zoning District;

2. the potential of the proposed mine units to contaminate air, soil and water through any means, including leaching, acid mine drainage, percolation, run-on and runoff, or surface exposure, a description of the types of contaminants, an explanation as to how contamination will be prevented, and a description of the nature, likely concentrations, and extent of any unpreventable contamination; and

3. hydrologic gradient maps showing the effect of the mine units, dewatering, intended discharges, and any intended alteration of the subsurface on the water table and any confined aquifers.

Stormwater Management Plan.
A Stormwater Management Plan shall be included in the Application that complies with state and federal law. The Plan shall demonstrate how stormwater runoff will be managed to, among other things, prevent clean water from entering areas containing materials that have been extracted, processed, stored, deposited, exposed, or disposed of, and that captures and contains contaminated stormwater.
 

Erosion Management Plan.
An Erosion Management Plan shall be included in the Application describing the proposed methods of controlling sediment transport. This Plan may be combined with the Stormwater Management Plan.

Wastewater Management Plan.
A Wastewater Management Plan shall be included in the Application describing the proposed methods for managing domestic waste, including the location and design of septic tanks and leach fields.

Solid Waste Management Plan.
A Solid Waste Management Plan shall be included in the Application describing the proposed methods for managing disposing of domestic and industrial solid waste in accordance with state and federal law, including the implementation of best practices for minimization and recycling. This Plan may be combined with the Wastewater Management Plan.

See § 11.14413 Extraction and Processing.

Storage, Disposal, and Maintenance of Ore Stockpiles, Tailings, Waste Rock, and High Walls.
A plan for handling each material extracted, processed, stored, deposited, exposed, or disposed, and each facility proposed for such use, in a manner that will not cause or contribute to the contamination of surface or groundwater above applicable standards, signed and sealed by a Professional Engineer, taking into consideration the amount, intensity, duration, frequency of precipitation, and the watershed area, including the topography, geomorphology, soils, and vegetation. Liners with secondary containment and leak detection shall be required in accordance with § 11.1467 Facilities for Storage, Processing, and Disposal of Ore, Spent Ore,Waste Rock, Tailings, and Other Geological Materials. for all mine units that have the potential to discharge contaminants into groundwater and contaminate it above applicable standards.

See § 11.14415 Operating Plan.

Blasting Plan.
A plan created by a qualified blasting firm or engineer which is knowledgeable of State of New Mexico requirements and National Fire Protection Association NFPA 495 (Explosive Materials Code), which identifies the maximum weight of explosives to be detonated on each occurrence, the type of explosive agent, maximum pounds per delay, method of packing, type of initiation device to be used for each hole, blasting schedule and noise and vibration limits not exceeding the standards set in Table 11-2.

See § 11.14417 Monitoring Plan.

Wildlife Impact Mitigation Plan.
The Applicant shall submit a Wildlife Impact Mitigation Plan developed by a professional biologist with expertise in wildlife impact mitigation and approved by the Administrator. The plan shall describe how wildlife impacts attributable to the proposed DCI will be eliminated or mitigated to the greatest extent possible.

See § 11.14419 Closure and Post-Closure Plans.
See § 11.14420 Reclamation.

Additional Information.
Any additional information which the Administrator and the Board deems necessary to review the application.

Application Review.
The Administrator may contract with, and the Applicant shall pay for, any consultant retained by the County to provide assistance in its review of the application in accordance with Ordinance No. 2015-10, as the same may be amended from time to time.

See § 11.14: REGULATIONS FOR MINERAL RESOURCE EXTRACTION AND PROCESSING for complete, detailed information.
See Permit Application Inquiry for detailed information on Permits and Licenses.