Application Submissions Checklist.
The Application shall not be complete until all materials required under this Section have been submitted as determined by the Administrator. The Administrator shall provide an application checklist to assist the Applicant.

Requirements and Procedures.
All submittals necessary to comply with the requirements and procedures set out in Chapters 4 and 6 relating to CUP applications.

Final Order.
A Final Order from the Board granting approval of the DCI Overlay Zoning District, Subject to Section 11.3.1.2.

Demonstration of Compliance.
A demonstration of compliance with all conditions imposed in the Final Order from the Board granting approval of the DCI Overlay Zoning District, if applicable.

State and Federal Permits.
All required state and federal permits.

Phasing Map.
A map identifying the extent and location of each phase of the development, operation, closure, and reclamation of the proposed DCI, including a map with the GPS coordinates for each aspect of the phase in GIS format based on the standard Santa Fe County GIS spatial reference (NAD 1983 State Plane New Mexico Central FIPS 3002 Feet). All phases shall be contained within the DCI Overlay Zoning District, or, in the case of a Mineral Exploration, Extraction, and Processing DCI on federal land, within the permit area defined by the permit issued by the New Mexico Mining and Minerals Division.

Cost Estimate.
A preliminary cost estimate prepared and sealed by a Professional Engineer to comply with all environmental protection, monitoring and reclamation requirements.

Sampling and Analysis Plan (SAP) and Baseline Conditions Report.
 The Application shall include a proposed SAP to govern the collection of relevant baseline data for the site. The proposed SAP shall generally be modeled after the SAP required under NMAC 19.10.6.602(D)(12) but modified as appropriate to suit the particular DCI at issue, the sources and types of surface disturbance and pollution relevant to that DCI, and the likely impacted resources, areas and populations. Within sixty (60) days after receiving the proposed SAP, the Administrator shall either approve it or provide the Applicant with a written list of deficiencies. In the event of a deficient proposed SAP, the Application will not be processed further until the Applicant has addressed the listed deficiencies to the Administrator’s satisfaction. Upon approval of the SAP by the Administrator, the Applicant shall commence collecting baseline data in accordance with the SAP for at least 12 months or such longer period as the Administrator may require to address unique, site-specific factors. The Administrator shall accept a SAP approved by the New Mexico Mining and Minerals Division unless it is demonstrably inadequate to comply with all of the requirements of CHAPTER 11: DEVELOPMENTS OF COUNTYWIDE IMPACT (DCIs), in which case the Administrator shall require a supplemental SAP. The Application will not be presented to the Hearing Officer until all baseline data have been collected and presented in a Baseline Conditions Report (BCR).
 

Studies, Reports, and Assessments.
All SRAs required in CHAPTER 6: STUDIES, REPORTS AND ASSESSMENTS (SRAs) and Table 6-1 for a DCI CUP, which shall conform to § 11.615 Studies, Reports and Assessments and may consist of updated SRAs previously submitted in connection of a DCI Overlay Zoning District application. Where appropriate, the data, information and description required to be included in two or more reports may be combined in a single report or by reference to existing reports. The following is supplemental to the requirements imposed in Chapter 6 and the DCI-specific regulations of the SLDC:

1. Environmental Impact Report.
The Applicant’s EIR shall include a description and analysis of the applicable potential impacts identified in Table 11-1 using the best available science. See Table 11-1 for alist of potential impacts.
2. Baseline Conditions Report (BCR).
The Applicant shall submit a BCR presenting the baseline data gathered pursuant to the SAP and describing the results.

 

Additional Plans, Reports and Assessments.
The following additional plans, reports and assessments:
 

1. Technical and Financial Feasibility Assessment.
The Applicant shall submit a Technical and Financial Feasibility Assessment certified by a Professional Engineer and approved by the Administrator that demonstrates the technical and financial feasibility of the proposed DCI for all phases of development, operation, and reclamation, including a description of debt and equity at each phase, the debt retirement schedule, estimated reclamation costs and schedule, sources of funding to retire debt, estimated construction costs and schedule, estimated annual costs, and proof that the Applicant possesses the right and expertise to use the technology in the proposed DCI.

2. Applicant Background Report.
The Applicant provide or update the all information required under Section 11.6.1.6.

3. Reclamation Plan.
The Applicant shall submit a reclamation plan designed and certified by a Professional Engineer with expertise in reclamation. The plan shall identify the phases of reclamation, if any, the estimated cost of each phase, the full cost of all phases, and the relationship between each phase of operation and reclamation, and demonstrate how the Permittee will comply with the reclamation standards specified below. The Professional Engineer, or another Professional Engineer with comparable expertise in reclamation and approved by the Administrator, shall oversee implementation of the plan.

a. General.
 Land areas shall be reclaimed to a condition suitable for new land uses. Wildlife habitat conditions shall be restored in a manner comparable to or better than the habitat conditions that existed prior to the proposed DCI. All other site conditions shall comply with the standards of this Chapter, the SLDC, and other applicable federal, state, and local requirements;
b. Grading.
Disturbed areas shall be re-graded to blend into and conform to the general natural form and contours of the adjacent areas, all slopes shall be graded to 3:1 or less; and
c. Revegetation.
 The plan shall describe the vegetation prior to any grading of the site and shall demonstrate how the site will be returned to its original or better vegetated condition using NMSU Seed Certification and Noxious Weed Certification. The plan shall identify all soil types and depths, and the best practice methods for salvaging, storing, and replacing disturbed soils, and the method of reseeding. If no soil is present, the plan shall explain how revegetation will be accomplished.
 

4. Emergency Response and Preparedness Plan.
The Applicant shall submit an Emergency Response and Preparedness Plan (ERP-P) designed and certified by a Professional Engineer with expertise in emergency response and preparedness and approved by the Administrator which includes:

a. a description and plan of response to emergencies that may be associated with the operation of the proposed DCI, including explosions, fires, gas or water pipeline leaks or ruptures, Hazardous Material spills, vehicle accidents, and the failure of berms, retaining walls, dams or ponds;
b. fire prevention, response, and health and safety plans;
c. the names, addresses, and 24-hour telephone numbers of at least two (2) persons responsible for emergency response; and
d. a printed map with latitude/longitude UTM graticules along the edges. The maps shall be produced and available in GIS format based on the standard Santa Fe County GIS spatial reference, and the digital data shall be provided to the County for use in its GIS databases and mapping.
 

5. Fugitive Dust Control Plan.
The Applicant shall submit a fugitive dust control plan designed and certified by a Professional Engineer with expertise in fugitive dust control and approved by the Administrator, including the chemical and physical characterization of the dust, the control measures to be implemented to reduce the dust, and the sources of water to be used for dust control, provided however that the Board shall not approve a dust control plan which proposes to use potable water for dust control.

6. Greenhouse Gas Emissions Assessment and Plan.
The Applicant shall submit an assessment and plan for greenhouse gas emissions prepared by a Professional Engineer with expertise in greenhouse gas emissions control and approved by the Administrator. The assessment shall identify and quantify the greenhouse gas emissions attributable to the proposed DCI. The plan shall demonstrate how the Applicant will offset those emissions.

7. Hazardous and Toxic Materials Plan.
The Applicant shall submit a Hazardous and Toxic Materials Plan prepared by a Professional Engineer with expertise in the handling and storage of Hazardous Materials and approved by the Administrator. The plan shall identify the Hazardous Materials associated with each phase of the proposed DCI, including fuels, oils, explosives, hazardous and toxic chemicals, reactive chemicals and minerals, and biological toxins, along with a plan to handle, store, and dispose those materials in compliance with this Chapter, the SLDC, and other applicable federal, state, and local requirements.

8. Wildlife Impact Mitigation Plan.
The Applicant shall submit a Wildlife Impact Mitigation Plan developed by a professional biologist with expertise in wildlife impact mitigation 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.

9. Stormwater Pollution Prevention Plan (SWPPP).
The Applicant shall submit a temporary and permanent SWPPP prepared by a Professional Engineer with expertise in stormwater pollution prevention describing the potential for and nature of sediment pollution, erosion, and other contamination of stormwater runoff. The plan shall describe best practices for mitigating pollution of stormwater runoff.

 

The Administrator, Hearing Officer, Planning Commission, and Board shall consider the following criteria when making a recommendation or decision regarding DCI Conditional Use Permit:

Whether the proposed DCI is consistent with the DCI Overlay Zoning District, if applicable;
Whether the proposed DCI is consistent with the SGMP and applicable Area, District and Community Plan, if applicable;
Whether the proposed DCI or a previous phase of an approved DCI could cause or has caused harm to any resource referenced in this Chapter or the SLDC, including soil, water, air, wildlife, environmental or natural resources, roads, facilities, structures, cultural, historic, or archaeological sites, adjoining uses, or public or private property;
Whether the proposed DCI complies with all federal, state and local laws, regulations, and ordinances;
Whether any of the Relevant Subjects identified in Section 11.6.1.6 have demonstrated a history of disregard for and non-compliance with environmental laws, regulations, or standards; and
Whether the Applicant has demonstrated that the proposed DCI will comply with the requirements and standards of this Chapter, the SLDC, and other applicable federal, state, and local requirements and standards.