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Chapter 11 – Developments of Countywide Impact (DCIs)

Section Contents Page

11.1 Purpose.............................................................................................................................11-211.2 FindingsScope..................................................................................................................11-211.3 Scope and Application; SeverabilityDesignation...........................................................11-3211.4 Procedure and SubmittalsDesignation............................................................................11-5311.5 Review CriteriaGeneral Provisions................................................................................11-6711.6 DCI Overlay Zoning DistrictsFindings........................................................................11-11811.7 General Regulations for all DCIsDCI Conditional Use Permit......................................11-1511.8 Performance Standards ...............................................................................................11-221011.98 Regulations for Landfills..........................................................................................11-251111.109 Regulations for Junkyards......................................................................................11-261411.110 Regulations for Large-Scale Sand and Gravel Extraction........................................11-271511.121 Regulations for Large-Scale Feedlots and Factory FarmsConcentrated Animal Feeding Operations ............................................................................................................................11-302311.132 Regulations for Oil and Gas Drilling and Production..............................................11-302311.143 Regulations for Mineraling and Resource Exploration, Extraction and Processing 11-3023

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CHAPTER ELEVEN – DEVELOPMENTSOF COUNTYWIDE IMPACT (DCIs)

11.1 PURPOSE. Developments of Countywide Impact (DCIs) are those developments that have potential for far-reaching effects on the community,. DCIs are developments that would place major demands on public facilities and, the County’s capital improvement plan and budget, and/or have the potential to affect the environment and public health, safety, and welfare beyond the impacts on immediately neighboring properties,. DCIs have the potential to create seriousincluding adverse noise, light, odor and vibration; explosive hazards; traffic congestion; and burdens on County emergency response services. ThereforeFor these reasons, the special regulation of DCIs is necessary:

11.1.1. Tto protect the health, safety and welfare of the citizens, residents, and businesses of the County from the potentially harmful or hazardous long-term impacts of DCIs;

11.1.2. Tto ensure short and long-term compatibility (both on-site and off-site) of DCIs and the County at large;

11.1.3. Tto preserve the quality of life, the economy, infrastructure, environment, natural and cultural resources, and natural landscapes;

11.1.4. Tto promote sustainability by protecting against the degradation of air, surface water, groundwater, and soils; and

11.1.5. Tto protect environmentally sensitive lands and visual and scenic qualities.

11.26. FINDINGS. The Board of County Commissioners hereby finds, declares and determines that this Ordinance:

11.26.1. Ppromotes the health, safety, and welfare of the County, its residents, and its environment by regulating adverse public nuisance and/or land use impacts and effects resulting from DCIs;

11.26.2. Ppromotes the purposes of planning and land use regulation by assuring that adequate public facilities and services such as defined by this Ordinance including roads, fire, police, stormwater detention and emergency and response services will be available at the time of approval of DCIs projects;

11.26.3. Pprevents the occurrence of adverse public nuisance and/or land use effects and impacts resulting from the abandonment of DCIs activities within the County;

11.26.4. Pprotects the County’s priceless, unique, and fragile ecosystem, the preservation of which is of significant value to the citizens of the County and state;

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11.26.5. Pprotects the County’s unique and irreplaceable historic, cultural, archaeological, and eco-tourist sites and scenic vistas, in addition to water and other natural resources;

11.26.6. Eensures the health, safety, and welfare of the County and its residents, and protects the natural and ecological resources of Santa Fe County as follows:

11.2.6.1. Water pollution and depletion by DCIs pose a significant risk becauseclean water is a precious resource in the County’s unique high desert environment that requires protection;

11.2.6.211.6.6.1. New Mexico has an interest in strengthening protection to historic, archaeological and cultural resources by issuing new rules and new statutes, if necessary, to put into place greater, and in some cases absolute protection, for highly sensitive and significant historical, cultural and archaeological sites and landscapes;

11.2.6.311.6.6.2. Uunder the Wildlife Conservation Act (NMSA 1978, § §17-2-37 through 17-2-46), species of wildlife indigenous to the state that may be found to bemay be threatened or endangered by DCIs require such police power regulation over DCIs so as to maintain and, to the extent possible, enhance wildlife population within the carrying capacity of the habitat;

11.2.6.411.6.6.3. Bbecause DCIs may presently or in the future potentially cause irreparable harm to the County’s water supply and pollution of water and air, and may cause cancer, lung disease, and respiratory diseases, various DCIs must show documentation ofdisclose potential community health effects, and these effects must be scrutinized, and thoroughly mitigated before DCIs are permitted activities occur;

11.2.6.511.6.6.4. pursuant to the New Mexico Public Health Act, NMSA 1978, §24-1-1, the Department of Health has the authority to “investigate, control, and abate the causes of disease… sources of mortality and other conditions of public health.” Environmental hazards resulting from DCI projects may potentially cause adverse health effects;

11.2.6.611.6.6.5. Aair, soil, and water contamination may occur during different stages of DCIs operations, and such contamination could affect human health, which should be minimized to the greatest extent possible;

11.2.6.711.6.6.6. Aall New Mexicans have an equal right to live in a safe and healthy environment, and implementation of the precautionary principles promotes this premise as well as reducesand reduces potential effects on public health resulting from exposure to environmental toxins;

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11.2.6.811.6.6.7. Tthe burden of proof of harmlessness for any proposed technological innovation must lies with the proponent of the innovationApplicant, not the general public;

11.2.6.911.6.6.8. DCIs could have a negative effect on tourism, landscapes and communities; and

11.2.6.1011.6.6.9. recognizes that Tthe County of Santa Fe has independent and supplemental authority, in addition to the authority of the state, to regulate in the areas of adverse public nuisance, land use and environmental protection with regard to DCIs. impacts and effects consistent with state legislation and regulation, stemming from DCIs projects throughoutin the County, including the Galisteo Basin and other unincorporated areas of the County, which is consistent with state law and has not been preempted in any mannerand makes no finding that the state has preempted or occupied DCI regulation.; and

1111.6.6.10. acknowledges that the Galisteo Basin has been recognized by the United States Congress as a nationally significantly archaeological resource and contains within it a number of areas protected under the auspices of the Galisteo Archaeological Sites Protection Act, Public Law 108-208 (2004), and finds additionally that:

a1. the boundary of the Galisteo Basin is depicted in the Galisteo Basin Planning Area Map attached as Exhibit A, which is the same map attached to ordinance No. 2008-19 (Oil and Gas Ordinance), and which area further contains specific sites identified in and protected by the Galisteo Basin Archaeological Sites Protection Act referenced above, including any maps referenced in that Act;

b2. DCIs in the Galisteo Basin will have a significant impact on archaeological, historical, cultural and environmental resources and sensitive areas;

c3. water resources in the Galisteo Basin are at risk as DCIs in the Galisteo Basin threaten water resources, may negativelyincluding the diminishment or pollutione of local water supplies and sources of groundwater;

d4. due to the importance of the hydrology of the Galisteo Basin, not only to the citizens of Santa Fe County but to the interstate stream system through its contributions to the Rio Grande, it is extremely important to protect the quantity and quality of the surface and ground water resources in the Galisteo Basin;

e5. the Galisteo Basin is home to a variety of native plant and animal species whose arid habitats will be impacted negatively by DCIs. In addition terrestrial wildlife, aquatic and riparian species and habitats such as those found around the springs, wetlands, and drainages in the Galisteo Basin must be protected;

f6. clean air and water are essential to most resources and activities in the Galisteo Basin and will be degraded by DCIs activity; and

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g7. sensitive environmental systems and cultural, archaeological and historic sites in the Galisteo Basin require permanent protection from DCIs projects.

11.3. APPLICABILITY; SEVERABILITY.

11.3.1. Applicability. Chapter 11 shall apply as follows:

11.3.1.12. General. Chapter 11 shall apply to all DCIs located anywhere within the unincorporated area of Santa Fe County, subject to Section 11.3.1.2 regarding federal land; provided, however, that Oil and Gas Drilling and Production shall be regulated under County Ordinance No. 2008-19 and not Chapter 11.

11.3.41.2. Federal Land.

1. General. Notwithstanding anything to the contrary in Section 1.6, the SLDC shall apply to all DCIs conducted on federal land that is not held in trust by the United States government for an Indian Tribe or member of an Indian Tribe; provided, however, that the provisions of the SLDC that require the establishment of an overlay zoning district, including but not limited Section 11.6, or conformance with the SGMP or any zoning or land use planning criteria shall not apply to any DCI conducted on federal land. No DCI Overlay Zoning District shall be required to be established on federal land prior to filing an application for a DCI CUP or, for mineral exploration, an application for a non-DCI CUP. Non-DCI CUP applications for mineral exploration on federal land and DCI CUP applications involving DCIs located on federal land shall be approved subject to appropriate conditions in accordance with Section 4.9.6.6, Section 11.7, and the appropriate DCI-Subchapter, as applicable, except that the DCI shall not be required to conform to any County land use plan or zoning criteria, including the SGMP.

2. CUP Application for Mineral Exploration. Notwithstanding anything to the contrary in Chapter 11, Applicants desiring to conduct mineral exploration on federal land shall submit a CUP application in accordance with Chapter 4 of the SLDC, including Section 4.9.6, which shall include a reclamation plan modeled after the requirements of NMAC 19.10.4.402(D)(10), all required federal and state permits, and all of the submittals,

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orders, judgments, reports, submittals, filings, and all other materials relating to the consideration and permitting of the mineral exploration project by the federal land management and state regulatory agencies. CUP applications for mineral exploration shall be reviewed pursuant to the criteria set out in Chapter 4, as limited by Section 11.3.1.2.1.

3. DCI CUP Application. Applicants desiring to establish a DCI on federal land, excluding mineral exploration, shall submit a DCI CUP application in accordance with Section 11.7 and the appropriate DCI-specific Sub-Chapter below.

11.3.1.53. Mixed Land Ownership; Subsequent Patent. If a DCI is or will be located on both private land and federal land, all provisions of Chapter 11 shall apply to the portion of the DCI that is or will be located on private land, including Section 11.6 and the provisions of the SLDC relating to zoning and land use planning. In addition, all provisions of Chapter 11 shall also apply to federal land as of the date it is patented from governmental to private ownership.

11.3.1.64. Interpretation; Briefing on Applicability; Appeal.

[1.] General. Chapter 11 and other provisions of the SLDC applicable to DCIs shall be interpreted and applied in a manner that is consistent with the County’s authority and so as to avoid preemption by federal or state law applicable to DCIs, including laws relating to environmental protection, federal land use, water law, and reclamation. In the event of an irreconcilable conflict between or other preemption by a provision of state or federal law and a provision of the SLDC, state law shall apply unless preempted by federal law, in which case federal law shall apply.

[2.] Briefing and Board Decision. Any prospective Applicant for a DCI CUP contending that the County lacks jurisdiction over a DCI or that one or more specific provisions of the SLDC applicable to a DCI are preempted may shall file a legal brief petition along with its Application. Within sixty (60) days of receiving the legal brief, the Administrator in consultation with the County Attorney shall render a decision in response to the Applicant’s legal brief. If aggrieved by the Applicantdministrator’s decision, the Applicant may appeal the

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decision directly to the Board within thirty (30) days. If no appeal is filed with the Board, the Administrator’s decision shall be final as to the Applicant. the Board to decide the issue before filing an Application under Chapter 11. An Applicant so contending shall file such a petition along with any Application submitted under Chapter 11 or as soon as practicable thereafter. The petitioner shall simultaneous provide its petition to the federal and state agencies having jurisdiction over the land or the proposed DCI at issue. The petition shall consist of a concise legal brief in support of proponent’s position, which shall be filed with the Administrator and served on the County Attorney. The Administrator shall within thirty (30) days of receiving a petition prepare a response in consultation with the County Attorney and mail it to the petitioner and the applicable agencies, which shall have thirty (30) days thereafter to brief the County on their position as to the applicability of the SLDC. The Administrator shall thereafter file the petition, response, and any agency briefs with the Board and arrange for the proponent to make its argument to the Board at the Board’s next available regularly-scheduled meeting. The County Attorney shall present the Administrator’s position, and any agency or other interested person shall be allowed to present their legal position and submit written materials in support of their position. The Board shall thereafter enter a written decision setting out the extent of its authority and the applicability of the SLDC to the lands and DCI at issue.If an appeal is filed,

[3.] [4.] Appeal. Tthe Board’s decision on appeal of the Board sshall

be immediately appealable to the District Court in accordance with Section 4.5.5 of the SLDC. If the Permittee fails to resolve the reason for the suspension, modification or revocation within the fifteen (15) days of receipt of the Noticeby the specified date, or if the Permittee disagrees with the Notice and so informsnotifies the Land Use Administrator in writing that it disputes the Notice:

11.3.1.5.7 Severability. If the Board or a Court of competent jurisdiction determines that a provision of the SLDC is inapplicable to a particular DCI because of preemption or otherwise, the remaining provisions of the SLDC shall be severable therefrom and continue in full force and effect.

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11.43. DESIGNATION. Due to their potential impact on the County as a whole, Tthe following activities developments are designated as DCIs subject to the requirements of this chapter:

11.43.1. Llandfills;

11.43.2. Jjunkyards;

11.43.3. Ssand and gravel extraction and processing, except as specified in Section 10.1911.10.2;

11.43.4. large-scale feedlots and factory farmsConcentrated animal feeding operations;

11.43.5. oil Oil and gas drilling and production; and

11.43.6 Mmining and resource extraction.

11.5. GENERAL PROVISIONS.

11.5.1. Process. Except as provided in Section 11.3, a DCI shall require the prior establishment of a DCI Overlay Zoning District, a DCI Conditional Use Permit, and the issuance of grading and construction permits. Each DCI Overlay Zoning District shall be limited to a particular proposed development. An application of a DCI CUP shall not be considered until the Board has approved a DCI Overlay Zoning District and the Applicant has obtained all required state and federal environmental permits. All DCI CUPs shall be subject to conditions, including conditions regarding operations, maintenance, reclamation, and environmental protection.

11.5.2 Submissions. Application for proposed DCI Overlay Zoning Districts and DCI CUPs shall be submitted, reviewed, and subjected to public hearing in accordance with Chapter 11 and the provisions of the SLDC generally applicable to such submissions. In the event of a conflict between a requirement of Chapter 11 and another provision of the SLDC, the more stringent requirement shall apply. 11.5.3. Existing DCI Uses. A DCI established prior to January 1, 1981, that has been in continuous operation since its commencement may continue to operate in substantially the same manner as it did on January 1, 1981. A DCI that was approved by the County after January 1, 1981, but prior to the effective date of the SLDC on January 13, 2016, may continue to operate in accordance with the County permit, order or other formal County approval of the DCI. A significant change in the character, nature, extent, or size of any existing DCI, as determined by the Administrator, shall require approval of a DCI Overlay Zoning District and a DCI CUP.

11.5.4. Public Involvement. Any person may review applications, including supporting materials, and submit comments and information to the Hearing Officer, Planning Commission, and Board of County Commissioners regarding an application for a DCI Overlay Zoning District or DCI Conditional use PermitCUP.

11.5.4. GENERAL PROVISIONS.PROCEDURE AND SUBMITTALS. 11.5.4.1.

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ProcessNo DCI is Ppermitted by Rright in the County. Subject to Section 11. __, a Eachbe limited to a particular proposed development. All DCI CUPs shall be subject to conditions, including condition regarding operations, maintenance, reclamation, environmental compliance, and closure.

2Submissions. Any aApplication for a proposed DCI Overlay Zoning District or DCI Conditional Use Permit shall comply with the must meet all regulations, standards, and provisions of Chapter11 and the SLDCgenerally . The regulations, standards and provisions described in this Chapter are specific to a DCI Overlay Zoning District or DCI Conditional Use Permit. WhereIn the event of a conflict arises between this Chapter and another regulation, standard, or provision of the SLDC regulations and the DCI standards and provisions of this Chapter, the DCI standards and provisionsmore stringent regulation, standard, or provision shall prevail.. All DCIs shall comply with the following general provisions:The oOperation of a DCI shall require the prior establishment of a DCI Overlay Zoning District, except where such a zone is prohibited, the issuance of a DCI Conditional Use Permit, and the issuance of grading and construction permits. A DCI Overlay Zoning District shall not be used by a DCI other than the DCI approved for that DCI Overlay Zoning District. 11.5.310.5.27. Existing Sand and Gravel Extraction DCI Uses. A development that would be classified as a DCI under this Chapter that existedAny sand and gravel extraction use existing prior to adoption(January 1, 1981,) andand that hashaving been in continuous operation since its commencement, may continue operationsto operate in substantially the same manner, or in the size of operation greater than twenty-five (25) percent of the area in use on December 31, 1980, shall comply with this Chapter.and may expand up to 25% beyond the area currently and formerly mined on that parcel. An operation that would be a DCI under this Chapter, but that was approved by the County after the effective date of the Land Development Code on January 1, 19810, but prior to the effective date of the SLDC on JanuaryMarch 13, 2016, Any sand and gravel extraction use approved by the County prior to the adoption of this Ordinance may continue to operateoperations in accordance with their Ffinal Order County approvalsapproving the operation, provided however that any change in the manner or size of the operation shall require approval of a DCI Overlay Zoning District and a DCI Conditional Use Permit.. Any new phase or further expansion proposed, but not previously approved, shall comply with this Ordinance.

11.5.3. Most Stringent Requirement or Standard. The SLDC applies to all applications for a DCI Overlay Zoning District and DCI Conditional Use Permit except when this Chapter specifies a more stringent requirement or standard, in which case the more stringent requirement or standard shall apply.

11.4.2. Applicability of the Sustainable Land Development Code (SLDC). Although not currently effective, any reference in this Ordinance to the SLDC, Ordinance No. 2013-6, shall neither indicate nor suggest the implementation of the SLDC, but incorporates by reference into this Ordinance the specific language or provision being referenced.

11.54.33. Application Procedures. An Aapplicanttion requestingproposing afor a DCI

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shall submit an application for a DCI Overlay Zoning District, (DCI Overlfollowed by an application for aay) or for a DCI Conditional Use Permit, shall followin accordance with the procedures set forth in Chapter 4 of the SLDC for Overlay Zones and Conditional Use Permits, provided however that the. These two applications cannot beshall not be submitted and run or processed concurrently.

11.5.4. Public Involvement. Any person may review applications, including supporting materials, and submit comments and information to the Hearing Officer, Planning Commission, and Board of County Commissioners regarding an application for a DCI Overlay Zoning District or DCI Conditional use Permit.

11.5.556.1.7. Pre-application meeting. Prior to the submission of an application for a DCI Overlay Zoning District orand a DCI Conditional Use Permit, the Aapplicant shall conduct a pre-application meeting in accordance with Section 4.4.4, and with the additional requirement that the applicantadditionally, shall give notice to all residents, land owners, and applicable Registered Organizations and Community Organizations of the SLDC that are located within fiveone (51) miles of the boundaries of the proposed or approved DCI Overlay Zoning District.

11.5.6. Costs, Fees, and Financial GuaranteesAssurance.

11.5.6.1 Cost of Compliance. The Applicant or Permittee, as applicable, and/or Permittee shall be responsible for the full cost of compliance with Chapter 11 and other applicable provisions of the SLDC, including the cost of preparing required applications and other submittals, public notice, data collection, permit compliance, reporting, and the construction and maintenance of improvements required under the SLDC. All technical reports, plans, and other submittals required under Chapter 11 shall be prepared and carried out by a team of professionals qualified in the relevant areas of inquiry, including geology, hydrology, chemistry, biology, archeology, anthropology, cultural and historic sites, terrain management, environmental protection, engineering and reclamation. Where required in specific sections of Chapter 11, a professional engineer’s certification and stamp shall be required.

11.5.6.2 Fees; Cost of County Review and Oversight. The Applicant or Permittee, as applicable, shall pay the full cost of technical review by such qualified outside consultants as may be retained by the County, the County’s cost of conducting required or authorized DCI inspections, and such other costs or fees as may be required or allowed under the SLDC, County Ordinance No. 2015-10, or other ordinance, as the same may be amended or replaced from time to time.all costs associated with a DCI Overlay Zoning District and DCI Conditional Use Permit. including:

11.5.6.1. All costs associated with preparing or reviewing a permit application;

11.5.6.2. All costs incurred by the County to review and process a permit application, including the cost of retaining consultants and other persons to conduct assessments, prepare studies, and review applications;

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11.5.6.3. All costs related to the annual reporting requirements of this Chapter and the SLDC, including the cost of retaining consultants and other persons to conduct assessments and prepare studies;

11.5.6.4. All costs related to the inspection of DCI facilities;

11.5.6.5. All costs related to the construction of improvements to existing public facilities and the construction of new public facilities based on the findings of the Adequate Facilities Public Assessment and the Traffic Impact Assessment, including an annual maintenance fee calculated at the end of each fiscal year by a Professional Engineer that is sufficient to reimburse the County for the cost of maintaining public facilities that is attributable to the DCI;

11.5.6.6. All costs incurred by the County related to the evaluation of compliance with a DCI Overlay Zoning District or DCI Conditional Use Permit, including the cost of retaining consultants and other persons; and

11.5.6.73. Financial GuarantyAssurance.

1. General. The performance of reclamation , closure, and periodic or other ongoing environmental protection requirements shall be guaranteedassured by an irrevocable Financial Guarantyee, as defined by the SLDC, that is provided by an company authorized to do business in New Mexico and that is enforceable by the County in the New Mexico First Judicial State District Court located in Santa Fe County. only Financial Guarantees will be accepted; The amount of the Financial Guaranteey shall amount tobe no less than one hundred twenty five (125) percent of the estimated total cost of reclamation and other environmental performance requirements performed byas estimated by a qualified licensedNew Mexico Professional Engineer. The Administrator may increase the amount of the Financial Guaranty in accordance with the appropriate Consumer Price Index, or in accordance with an updated cost estimate, (which shall be provided by the Permittee at the Permittee’s expense within ninety (90) days after the Administrator’s written request), or pursuant to subsection 3 below. The amount of the Financial Guaranty shall be increased no more frequently than every three (3) years. The increase the bond amount requirement following the annual review, and the Applicant or Permittee shall provide the increased amount of Financial Guaranty within post the additional amount no later than thirtysixty (360) days after noticethe Administrator provides written notice that such additional amount is required. The Administrator may release the Financial Guaranty, in whole or in part, upon the Permittee’s satisfactory showing of compliance with the performance requirements in accordance with the SLDC, or, as the Administrator deems appropriate, in accordance with state or federal law applicable to the release of financial assurance for

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the performance of reclamation , site closure, orand other environmental requirements. The amount, form, term, form, periodic increase, and process for release of the Financial Guaranty shall be set forth in the order approving the DCI CUP or in a separate agreement between the Board and the Permittee.

2. Existing Financial Assurance.

a. The Administrator shall accept and shall not duplicate the financial assurance provided by the Permittee for the same DCI under federal or state law; provided, however, that if the Administrator determines that the form of such other financial assurance is insufficiently secure, inadequate in amount, is not enforceable in Santa Fe County, or does not guaranty the performance of requirements imposed by the DCI CUP or SLDC, the Administrator may require that a supplemental financial guaranty be provided to the County up to 125% of the estimated total cost of reclamation and other environmental performance requirements.

b. Decreases in Existing Financial Assurance. Whenever the Permittee applies to a state or federal agency for release of financial assurance, in whole or in part, the Permittee shall simultaneously provide a copy of such request, including all supporting documentation, to the Administrator and thereafter provide contemporaneous copies to the Administrator of all subsequent correspondence and decisions concerning such requested release. If a state or federal agency releases or otherwise decreases the amount of financial assurance required under state or federal law, in whole or in part, the Administrator may require the Permittee to increase the financial assurance provided to the County under Chapter 11 if the Administrator determines that (i) the amount of financial assurance originally required by the County was reduced in accordance with subsection 2(a) above and (ii) the reduction or elimination of that state or federal financial assurance causes the Permittee to be in violation of the financial assurance requirements of Chapter 11. Such a violation occurs if the reduction in state or federal financial assurance results in insufficient financial assurance with respect to a requirement imposed under Chapter 11 or the DCI CUP.

aor other the Financial Guarantee shall be posted with a New Mexico-based bank with a local Santa Fe branch;

[1.] the Financial Guarantee shall be irrevocable; and [2.] the Financial Guarantee shall be revised at least every three to five

years to reflect the revised estimate of the cost of reclamation.

If the Permittee fails to maintain the Financial Guarantee, the Administrator may take any enforcement action available to her, including but not limited to suspension of the DCI Conditional Use Permit.

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11.5.7. Compliance with Federal and State Laws and Regulations. All DCI CUPs shall require the permitted DCI to be commenced, operated, maintained, monitored and reclaimed in accordance with SLDC and All DCIs shall demonstrate compliance with all applicable applicable federal and state laws and regulations. prior to the commencement of any activity authorized by a DCI Conditional Use Permit.

11.5.8. Maps. All maps shall be prepared in CAD or GIS format compatible with the Santa Fe County ESRI GIS System, NAD1983 State Plane New Mexico Central FIPS 3002 US Feet. The Applicant shall coordinate with the County to provide electronic, paper, and pdf copies of the CAD and GIS files. The scale of the pdf and paper maps may vary provided that each map clearly illustrates the applicable features on letter or tabloid sized paper and can be reproduced using the GIS and CAD data. All topographic maps shall be submitted with two (2) foot contours.

11.5.9. Determination. After the filing of an administratively complete application and the completion of the procedural requirements for application review, the Board may determine to either approve, approve subject to conditions, or deny a DCI Permit and/or Overlay Zoning District based on the Review Criteria of Section 11.6.2:

[1.] Approval. The Board finds that the application is complete and that the applicant proves that the proposed DCI will comply with all of the standards of this Chapter and the SLDC without the need for additional conditions.

[2.] Approval with Conditions. The Board finds that the application is complete and that additional conditions are reasonable and necessary to ensure compliance with the standards of this Chapter and the SLDC given site specific conditions. The applicant will have thirty (30) days to review and provide written comments on draft conditions and will receive written explanation of the reasons for the conditions from the Board. The Board may also find that failure to comply with the standards of this Chapter and the SLDC without additional conditions as a basis for denial.

[3.] Denial. The Board may deny an application for a DCI Overlay Zoning District and/or Conditional Use Permit based on determinations including but not limited to the following:[a.] The application is incomplete or the applicant misrepresented any material in the appliation;[b.] The applicant fails to prove that the proposed DCI will comply with the standards of this Chapter and the SLDC or any other relevant federal, state, or local standards; Or[c.] The applicant or any person or entity that owns, operates, manages, or controls the applicant has not complied with federal, state, or local laws and regulations in previous activities.

1. Appeals. If the Board denies, terminates, modifies, suspends, approves or approves with conditions an application or permit for a DCI Overlay Zoning District and/or Conditional Use Permit, the applicant, perittee or any other person affected by the action may appeal that decision pursuant Section 4.5.5 of the SLDC.

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11.5.9. Inspection and Request for Records. Representatives of the County may at any time and without notice , and at the expense of the Permittee, conduct inspections of a DCI during normal business hours and/or review of monitoring data to ensure verify compliance with the DCI Conditional Use PermitDCI CUP and the standards of this Chapter and the SLDC. During such inspection, the Permittee shall provide for review such monitoring and other data as the County inspector may request and provide complete access to the site subject only to health and safety considerations. The Permittee shall pay an annual inspection fee and, if the County retains a consultant to assist in conducting the inspection, the consultant’s fee in accordance with County Ordinance No. 2015-10. The Permittee shall provide the Administrator with such records and data related to compliance with the DCI CUP and SLDC within thirty (30) days of the Administrator’s written request for such records and data.

11.5.10. Expiration and Revocation; Continuing Obligations Date. TThe Administrator may recommend, and the Board may specify an expiration date for a DCI CUP based on the nature and characterexpected duration of the DCI at issue. The minimum term shall be five (5) years. If the Permittee submits an administratively complete application for a new DCI CUP prior to the expiration date, the existing DCI CUP shall continue in full force and effect until the new application is approved, denied, or withdrawn, at which time the prior DCI CUP shall terminate. Upon the Board’s approval of a new DCI CUP, the new CUP shall supersede and entirely replace the prior DCI CUP. If no new DCI CUP is approved, the reclamation, monitoring, environmental compliance, and Financial Guaranty requirements imposed under an expired or revoked DCI CUP shall survive expiration or revocation, as applicable, and continue in full force and effect until the Permittee has fully complied with all such requirements. The Board may revoke a DCI CUP prior to its expiration pursuant to Section 11.5.12. in order to continue the operation. The expiration of a DCI Conditional Use Permit shall not relieve the Permittee of any obligation under the SLDC. It is the Permittee’s responsibility to apply to renew an expired permit.

11.5.11. TransferAssignment. A Permittee shall not transfer aA DCI Conditional Use Permit to any other person or entityCUP shall not be assignable, and the Permittee shall not be relieved from its obligations under the DCI CUP, until and unless the without the approval of the Board approves an assignment of the DCI CUP to a qualified assignee. A Permittee desiring to assign a DCI CUP shall file an application with the Administrator, which shall include the same background information relevant to the proposed assignee as is required for the applicant of a new DCI CUP. The application shall demonstrate that all state and federal approvals of the assignment, as required, have been obtained and that the existing Financial Guaranty is fully assignable to the proposed assignee or the proposed assignee shall provide a comparable replacement Financial Guaranty to the County prior to the Board’s full approval of the assignment. In approving an assignment, Tthe Board may impose additional permit conditions or requirements, including an increase in the amount of the Financial Guaranty, or it may deny a transfer if the DCI does not demonstrate compliance with the criteria of section 11.6.2.11. A Permittee shall maintain all financial assurances at all times, including during and after the transfer process, until the Administrator approves new financial assurances for the transferee.an assignment or refuse to consider an application for assignment if the Permittee is currently not in compliance with the DCI CUP or if the Board determines that the

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assignee has a demonstrated history of non-compliance with environmental regulation. Upon the Board’s approval of an assignment, the Permittee-assignor shall be relieved of its obligations under the DCI CUP, which shall be assumed in full by the Permittee-assignee, except as otherwise provided in the Board’s approval order.

11.57.126. Suspension, Modification, or Revocation of a DCI Conditional Use PermitRemedies for Non-Compliance.

11.5.127.6.1. General. In addition to the remedies available under Chapter 14 of the SLDC, applicable statutes, and the common law, Tthe Land Use Administrator may issue Notices of Violation (“NOVs”) and Notices of Immediate Suspension suspend, modify or revoke a DCI Conditional Use Permit in the event of the Permittee’s material non-compliance, including: the Permittee’s failure to comply with any requirement or limitation of the DCI Overlay Zoning District, DCI CUP or SLDC; failure to contain operations within the DCI Overlay Zoning District; failure to comply with any applicable state or federal law, regulation, or permit; failure to acquire or maintain required state or federal permits; or upon discovering a material misrepresentation in any application pertinent to the DCI. Non-compliance may lead to revocation of the DCI CUP by the Board. for any of the following reasons:

1. failure to comply with a standard or condition in the DCI Conditional Use Permit;

2. conduct of the DCI outside the authorized boundaries of the DCI Conditional Use Permit;

3. the suspension, revocation, cancellation, or similar action of any federal, state, or local permit required as a condition of approval of the DCI Conditional Use Permit;

4. iIt is found that the Permittee misrepresented any material statement in the application, including any supporting material, submitted to the County or a federal or state agency for a permit pursuant the permit; or

5. 5. other conduct, whether or not within the scope of the DCI Conditional Use Permit, that damages or commits waste to private or public property; or

6. New or recent code violations. .

11.5.127.6.2. NOVs and Notices of Immediate Suspension. The Land Use Administrator shallmay provide to the Permittee serve a written NOV or Notice of Immediate Suspension (which may be combined with an NOV) as described below, for non-compliance. All such , Modification or Revocation of the DCI Conditional Use Permit to the Permittee either by certified mail at the address provided in the application and or by personal delivery to the Permittee either at the Permittee’s address or at the DCI’s location. The Notices shall fully

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stateprovide the following:describe the nature and character of the non-compliance and the evidence therefor.

1. NOV with Opportunity to Cure. The Administrator shall provide a NOV with an Opportunity to Cure to the Permittee and allow a reasonable time for the Permittee to cure the non-compliance in cases where the Administrator determines that the non-compliance does not pose an imminent threat to public health, welfare or safety and the Permittee can reasonably cure the non-compliance within fifteen (15) days or such additional reasonable period as the Administrator may allow. The NOV shall provide that the Permittee will be subject to a Notice of Immediate Suspension unless the Permittee cures the non-compliance within the period specified in the NOV, which period may be extended by the Administrator for good cause.

2. Notice of Immediate Suspension. The Administrator shall issue a Notice of Immediate Suspension if the Administrator determines that: the non-compliance poses an imminent threat to public health, welfare, or safety; the non-compliance cannot be cured within a reasonable time; upon discovering a material misrepresentation in any application pertinent to the DCI that calls into serious question the Permittee’s environmental compliance history or the basis and assumptions on which the Board issued the DCI CUP; or if the Permittee failed to cure the non-compliance within the period specified in a prior NOV, in which case the Notice may provide one additional period to cure not to exceed sixty (60) days.

[1.] [2.] 1. 1. a statement of the reason for the proposed suspension,

modification or revocation with reference to the SLDC or the DCI Conditional Use Permit;

[3.] 2. the Permittee’s obligation to cure the reason for the proposed suspension or revocation within fifteen (15) days of receipt of the Notice unless extended for a reasonable period of time for good cause at the Administrator’s discretion; and

[4.] [5.] 2. a brief description of the reason for the suspension, modification or

revocation; and[6.] [7.] 3 3. a statement that the Permittee’s failure to resolve the reason for the

suspension, modification or revocation within fifteen (15) days of receipt of the Notice shall result in suspension or revocation of the DCI Conditional Use Permitthe DCI Conditional Use Permit shall be suspended

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or revoked if the Permittee fails to cure the proposed reason for the proposed suspension or revocation by the specified date.

[8.] Upon receipt of a Notice of Immediate Suspension, the DCI shall be closed to the public and the Permittee shall suspend all operations except that Permittee shall take all reasonable immediate action to eliminate or minimize any imminent threat to public health, welfare or safety in accordance with law and continue to comply with all reclamation, safety, monitoring, and other environmental and reclamation requirements so long as such continued operations do not exacerbate the threat or otherwise endanger onsite personnel or the public. The Permittee shall not open its business to the public or resume normal operations until such time as the Administrator provides written notice to the Permittee authorizing the resumption of normal operations, which shall not be unreasonably withheld.

11.5.127.6.3. Permit Revocation; Appeal. If the non-compliance described in an NOV or Notice of Immediate Suspension is not timely cured or, in the Administrator’s opinion, cannot adequately be cured, the Administrator may issue a Notice of Revocation to the DCI CUP Permittee. The Notice of Revocation shall include the pertinent background, numbered findings of fact, numbered conclusions of law, and otherwise fully describe the grounds for revocation of the DCI CUP. The DCI CUP shall thereafter automatically be revoked without further action by the County unless the Permittee files a notice of appeal with the Administrator within thirty (30) days of the Notice date. The notice of appeal shall address the statements in the Notice of Revocation and include any arguments, exhibits, or other material that the Permittee desires the Board to consider. The Board shall thereafter conduct a public hearing in accordance with Section 4.5.4 andde novo review of the Administrator’s decision in accordance with Section 4.7.2 of the SLDC between ninety (90) and one hundred and eighty (180) days after the notice of appeal, which time may be extended by agreement or order of the Board. The Administrator shall bear the burden of demonstrating the Permittee’s non-compliance at the hearing by a preponderance of the evidence. Any person aggrieved by the final decision of the Board may appeal to the District Court in accordance with Section 4.5.5 of the SLDC. Upon revocation of a DCI CUP, the Permittee shall continue to comply with all reclamation, monitoring, environmental protection, and Financial Assurance requirements until such obligations are fully performed in accordance with the DCI CUP and the Board’s revocation order. If the Permittee fails to resolve the reason for the suspension, modification or revocation within the fifteen (15) days of receipt of the Noticeby the specified date, or if the Permittee disagrees with the Notice and so informsnotifies the Land Use Administrator in writing that it disputes the Notice:

1. the matter shall be scheduled for a hearing before a Hearing Officer, which hearing shall be noticed in accordance with Section 4.6.4 of the SLDC and shall be scheduled as soon as is practicable but in no event laterlonger than thirty (30) days after the Permittee’s receipt of the Notice;

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2. during the hearing, the Land Use Administrator bears the burden to demonstrate by a preponderance of the evidence that the DCI Conditional Use Permit should be suspended, modified or revoked;

3. the Permittee may call witnesses and submit evidence disputing the the Land Use Administrator’s reason for the suspension, modification or revocation;

4. within fifteen (15) working days of the hearing, the Hearing Officer shall make written findings of fact and rulings of law and recommend to the Planning Commission and Boardwhether to suspend oreither revoke, suspend, modify, or not revoke or suspend the DCI Conditional Use Permit;

5. 5. the matter shall be scheduled for a hearing before the Planning Commission, which hearing shall be noticed in accordance with Section 4.6.4 and scheduled as soon as practicable, and after hearing, the Planning Commission shall make written findings of fact and rulings of law and recommend to the Board whether to suspend or revoke the DCI Conditional Use Permit;

6. the matter shall be scheduled for a hearing before the and Board, which hearing shall be noticed in accordance with Section 4.6.4 of the SLDC and shall be scheduled as soon as practicable, and after hearing, the Board may:

a. affirm the recommendation of the Hearing Officer to eitherPlanning Commission to suspend or revoke, suspend, modify, or not revoke or suspend the DCI Conditional Use Permit; or

b. issue a decision to not revoke, modify or suspend theimpose additional conditions on the DCI Conditional Use Permit but impose additional conditions in the DCI Conditional Use Permit.

76. Any person aggrieved by a final decision of the Board pursuant to this Section may appeal to District Court in accordance with NMSA 1978, § 39-3- 1.1 (as amended), and Rule 1-074 NMRA;.

87. If the Permittee fails or refuses to comply with an order of the Board, the Land Use Administrator may seek a court order enjoining the DCI, fin addition to any other remedies available to the County pursuant to NMSA 1978, §§ 3.17.1, 3.18.17 and 3.21.1under state law; and.

98. The remedies described in this section shall not be construed as the exclusive remedies available to the County.

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11.6. DCI OVERLAY ZONING DISTRICTS.

11.6.14.4. Application for a DCI Overlay Zoning DistrictRequirements. An applicant who submits an application for approval ofAny person requestingapplication for a DCI Overlay Zoning District shall includesubmit a concept plan that includes the following:

11.6.1.1 Application Submissions; Checklist. Everything required by LUA on a checklist The Application shall not be complete until all reports and other materials required under Section 11.6 have been submitted as determined by the Administrator. The Administrator shall provide an application checklist to assist the Applicant. All materials required by the Administrator on the application submissions checklist.

11.6.1.2. Requirements and Procedures. Follow all requires and proceedures in Ch. 4 All submittals necessary to comply with the requirements and procedures described inset out in Chapters 4, 6, 7, 8 and 11 of the SLDCrelating to Overlay Zoning Applications.

11.7.2.6. Protection of Historic and Archaeological Resources. The applicant shall submit an updated Archaeological Resources Report. The applicant must consult with any tribal group who, after receiving notice, determines that the proposed DCI will disturb indigenous cultural or archeological sites. The applicant shall consult with the tribal group and person preparing the Archeological Study in developing a Cultural Resource Protection Plan that avoids the disturbance of cultural and archeological resources.

11.6.1.37.2.8. Noise Study. The applicant shall submit aA Noise Study in accordance with

section 7.21.4.

11.6.1.14.4.1. Map. An accurate map of the project area proposed DCI Overlay Zoning District, including its relationship to surrounding areas, existing topography and key features.

11.6.1.44.4.2. A detailed descriptionDCI Overlay Plan and Report. A DCI Overlay Plan and Report, which shall include o the followingf the proposed DCI Overlay Zoning Districtactivities on the entirety of the owner or applicant's property in the same ownershipand proposed DCI including maps as appropriate:

1. aA map of the proposed DCI Overlay Zoning District , includingshowing its relationship to surrounding areas, existing topography, and key features. The proposed District area shall include all properties on which the DCI’s operations, including reclamation, will be conducted;

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21. the planning objectives of the proposed development DCI, including the nature and character of the DCI, the expected duration of the DCI, the reclamation and post-closure monitoring that will be required given type of DCI; be achieved through the overlay, and the approximate phases in which the DCI activity will occur;

32. the approximate location of all neighboring development areas, subdivisions, residential dwellings, neighborhoods, traditional communities, and community centers, and other non-residential facilities and structures within five (5) miles of the proposed DCI Overlay Zoning Districtconcept plan site perimeter;

43. the approximate location, arrangement, size, height, floor area ratio of any existing and proposed buildings, infrastructure, structures, and and parking facilities and facilities and activities related to the intended useactivities to be constructed within the proposed DCI Overlay Zoning District;

5. a viewshed analysis describing the visual impact of the proposed DCI Overlay Zoning District;

64. the proposed traffic circulation plan, including number of daily and peak hour trips of any and all vehicles including heavy equipment to and from the proposed DCI Overlay Zoning District,site and the proposed traffic routes to and from the proposed DCI Overlay Zoning District to the nearest intersection with an arterial road or highway;

75. the location of all fire, police, and emergency response service facilities, and all roads shown on the capital improvement plan,; floodways, floodplains, wetlands or other natural resource areas located in or within five (5) miles of the proposed boundaries of the DCI Overlay Zoning District;, 8. a narrative describing the surrounding the applicant's property; location of historic, cultural and archeological sites and artifacts,; steep existing land uses, slopes between fifteen (15) percent% and thirty (30) percent%, and slopessteep slopes greater than thirty (30) percent%, rock outcroppings, general and wildlife, vegetation, habitats and habitat corridors, located in or within five (5) miles of the concept plan site perimeterproposed boundaries of the DCI Overlay Zoning District;

986. a statement narrative explaining how the proposed DCI Overlay Zoning Districtoverlay complies is consistent with the vision, goals, objectives, policies and strategies of the County's Sustainable Growth Management Plan (SGMP) and any Area, District and Community Plan within the proposed boundariescovering the property;

109. 7. a statement narrative or visual presentation ofexplaining how the of 91

proposed DCI Overlay Zoning Districtoverlay will relates to and isbe compatible with adjacent and neighboring areas, within the five (5) miles radius of the project site perimeterof the proposed boundaries and how the proposed DCI Overlay Zoning District will not adversely affect other land uses in the County or the ability to successfully implement the visions, goals, objectives, policies and/or strategies of any County planning document; and

110. the identification of federal, state, and local environmental laws and regulations potentially applicable to the proposed DCI;

121. A detailed schedule for each phase of the proposed DCI including timing of each phase, boundaries and description of each phase of development, operation, and reclamation; and.

The applicant must consult with any tribal group who, after receiving notice, determines that the proposed DCI will disturb indigenous cultural or archeological sites. The applicant shall consult with the tribal group and person preparing the Archeological Study in developing a Cultural Resource Protection Plan that avoids the disturbance of cultural and archeological resources.

1328. all application requirements set out insuch other documents and information as the Administrator may request in accordance with this Chapter 11 Ordinance.

11.6.14.4.3. Site Plan. A detailed site plan depicting boundaries, dimensions, acreage, existing and proposed structures, storage, stockpilesing, equipment, lighting, streets, and easements, setbacks, and separations and preservation areas.

11.6.14.4.54. Studies, Reports and Assessments. All Studies, Reports and Assessments (SRAs) required in Chapter 6 and Table 6-1, including the following additional description and analysis shall be prepared and submitted by the applicant. The County may hire outside consultants to review the SRAs at the expense of the applicant:.

11.7.2.3. Water Services Availability Report. The applicant shall submit Thean updated Water Service Availability Report (WSAR) shall be prepared in accordance with Section 6.5.5 and include a detailed description and analysis of the proposed DCI’s potable and non-potable water demand, uses, and impacts. The WSAR shall include a description and analysis of the proposed DCI’s total demand for and uses of both potable and non-potable water, the available water sources and water rights, the estimated impact of the proposed DCI on surface water and groundwater resources in terms of quantity and quality, and the estimated impact of other water users who depend on sources that are the same or interconnected with those of the proposed DCI. The WSAR shall demonstrate how the DCI’s water demand will change over its lifetime through closure and final reclamation and further demonstrate how that changing demand will be met. The WSAR shall demonstrate the availability of potable and non-potable water to meet all projected

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demands for 99 years; provided, however, that if final reclamation and closure of the DCI is estimated to occur less or more than 99 years from the date operations commence, the WSAR shall demonstrate water availability through the date of final reclamation plus ten (10) years. demonstrating that the proposed DCI will not infringe on other water rights, impair wells, or adversely affect the quality or quantity of ground or surface waters;.

211.7.2.4. Traffic Impact Assessment. The applicant shall submit an updatedThe Traffic Impact Assessment (TIA). The updated TIA shall shall be prepared in accordance with Section 6.6 and include:

a. 1 a. the type and estimated number and weight of vehicles both loaded and unloaded that will enter and leave the proposed DCI and their impact on the surrounding road network;

b. thethe traffic routes that will be used by vehicles entering and leaving the proposed DCI;

c.[a.] a narrative explaining how traffic generated by the DCI will avoid, to the maximum extent possible, residential areas, commercial areas, environmentally and visually sensitive areas, scenic byways, schools, governmental buildings, villages, towns, and municipalities, and other congested locations;

d.[b.] the estimated time and frequency of vehicles entering and leaving the DCI; and

[c.] a plan to prevent the loss of transported materials and minimize or eliminate fugitive dust during transportation..

311.7.2.5. Fiscal Impact Assessment. The applicant shall submit an updatedThe Fiscal Impact Statement (FIA) shall be prepared in accordance with Section 6.7 and include . The updated FIA a detailed description and analysis of the cost of long-term environmental impact abatement and restorationreclamation and the associated fiscal impact on the aApplicant, County, and any other affected governmental body, including impacts on tax base and public services.

4. Environmental Impact Report. The Environmental Impact Report (EIR) shall be prepared in accordance with Section 6.3 and include a demonstration that the applicant identified and consulted with Indian Tribes and traditional communities located within five miles of the proposed DCI, identification of historic, cultural and archaeological resources in accordance with Section 7.16, and measures to avoid disturbance or disruption of such resources, sites, and practices. A separate report shall be prepared if required under Section 7.16.3 regarding registered cultural property. All work and reports involving historical, cultural and archeological sites, resources, and impacts shall be

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performed by a licensed professional archeologist or professional anthropologist, as appropriate, with expertise in the cultures of the region.

11.6.1.6. Applicant Background. The Applicant shall furnish the following background information under oath:

1. name and address, including all aliases, the date and state or province and country of incorporation;

2. name and address of the Applicant’s registered agent for purposes of service of process, if any;

3. the name and address of all persons and entities that own or control the Applicant, including but not limited to:

a. general partners;b. persons or entities having a 49% or greater ownership interest

in the Applicant, including individual stockholders; andc. parent or holding companies;

4. all subsidiaries of the Applicant;

5. as to the Applicant and all persons and entities identified in Section 11.6.1.6.3 and .4 (collectively, “Relevant Subjects”), provide the following:

a. identify and describe all previous projects, properties, or facilities worldwide that the Relevant Subjects own/ed, operate/d, or control/ed that are of the same general character and nature as the proposed DCI (collectively, “Other Projects”);

identify and describe the nature and circumstances surrounding any situation in which the Relevant Subjects (individually or collectively) are or were subject to a penalty of any kind, notice of violation, demand by a financial guarantor, or enforcement action of any kind concerning the Other Projects in regards the Subjects’ or the Projects’ compliance with any zoning, land use, environmental, or reclamation law or regulation. Include copies of all notices of violations, citations, complaints, consent orders, settlement agreements, penalty assessments, and final judgments and final orders.

11.4.4.5. Emergency Response and Preparedness Plan.

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1. An application for a DCI Overlay Zoning District shall include an emergency preparedness and response plan ("ERP Plan"). The ERP Plan shall include a provision for the applicant to reimburse the appropriate emergency response service providers for costs incurred in connection with an emergency. This plan shall be filed with the County at the time of application for the DCI Overlay District and shall be updated on annual basis or as conditions change. The ERP Plan shall be coordinated with and approved by the emergency management officer prior to beginning field operations.

2. The ERP Plan shall consist of the following information, at a minimum:

a. a cash, certified or bank check, letter of credit, or cash deposit, to cover all of the County's expenses in reviewing the ERP, engaging consultants, and for a Hearing Officer to conduct the first public hearing on the ERP. The County will provide an estimate of the cost of conducting the study, which shall provide the basis for the initial deposit. The applicant shall make additional deposits if the initial deposit is inadequate to reimburse the County for the costs of the study, and the County shall refund any unexpended funds on deposit after the study is completed;

3. the name, address and phone number, including a 24 hour emergency number of at least two persons responsible for emergency field operations;

4. a printed map with latitude/longitude UTM graticules along the edges. These maps shall be produced and available in GIS format based on the standard Santa Fe County GIs spatial reference. Additionally, all digital data shall be provided to the County for use in its GIS databases and mapping in this format;

5. a written response plan for the potential emergencies that may be associated with the operation of the facilities. This may include any or all of the following: explosions, fires, gas or water pipeline leaks or ruptures, hazardous material vehicle spills or vehicle accidents; failure of berms, dams or ponds used by DCI operator; and

6. a fire prevention, response, and health and safety plan.

11.6.1.54.4.6. Phasing Schedule. A detailed phasing schedule for each phase of the proposed DCI including timing of each phase, boundaries and description of each proposed phase of development, operation, and reclamation.

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11.6.1.74.4.7. Additional Information. Such other information as the Administrator or the Board mayshall require in accordance with the SLDC, including any additional information necessary to determine compliance with the standards for the approval of the DCI Overlay Zoning District.

11.4.4.8. At the time of application , the applicant shall submit all information required by the County necessary to carry out the above-referenced SRAs. In addition to the SRAs to be conducted by the County, the applicant and any other interested party may prepare and furnish to the County its own SRAs, or parts thereof.

11.6.1.74.4.9. Proof of pre-application meeting. Prior to the submission of any application for a DCI Overlay Zoning District, the applicant shall attend a pre-application meeting with theall residents, land owners/lessees, owners of non-residential structures, within one mile of the perimeter of the project area and with all County groups, and Registered Organizations and Community Organizations that have previously are registered for notification of applications for DCI Overlay Zoning Districtss or Overlay DistrictsDCIs in accordance with under Sections 2.2.2, 2.2.3 and 4.4.4 of the SLDC that are located within one (1) mile of the boundaries of the proposed DCI Overlay Zoning District. The applicant shall furnish an address list for such persons and organizationsthe one-mile area to the Administrator, and shall send out notices to all persons and organizations affected parties and publish notice of the meeting in a newspaper of general circulation at least fifteen (15) business days prior to the meeting. In addition, the applicant shall publish notice of the meeting in a newspaper of general circulation at least fifteen days prior to the meeting. The Such meeting shall be conducted at the offices of the County, or with the approval of the County, within a community close to the location of the proposed DCI Overlay Zoning District and shall be presided over by a designated County Hearing Officer. The proceedings shall be designed to resolve, to the extent possible, issues and problems related to the proposed DCI Overlay Zoning Districtbetween the parties,. Provided however that the Such meeting shall not last longer than three (3) hours without the consent of the applicant, and the Hearing Officer shall have the authority to request invitees participants to consolidate their presentations and otherwise cooperate so thatin order to facilitate the effective and cordial discussion of issues and problems takes place.

11.4.4.10. A report demonstrating consistency of the project with the SGMP, Area, District or Community Plans and any federal, state and local regulations.

11.6.25. REVIEW CRITERIA.

11.5.1. The Administrator, Hearing Officer, Planning Commission and Board of County Commissioners shall consider the following criteria when making recommendations and determinations for approval, conditional approval or denialregarding of a DCI Overlay Zoning District:

11.6.25.1.1. Whether the proposed DCI Overlay Zoning District is consistencyt with the SGMP and any applicable Area, District and Community Plans;

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11.6.2.2. Whether the proposed DCI Overlay District is consistent with applicable federal and state regulations;planning documents;

11.6.2.35.1.2. Whether the environmental effects and impacts identified in the Environmental Impact Report (EIR) are avoided or if unavoidable, the environmental effects and impacts identified in the EIR are appropriately mitigated to the greatest extent possible, and whether that mitigation is adequate;

11.6.2.45.1.3. Wwhether adequate public facilities either exist or can be promptly funded as identified in the Adequate Public Facilities and Services AssessmentAPFA either exist or have been funded(APFA) as required by the SRAs;

11.6.2.55.1.4. Wwhether improvements identified in the APFAAPFA can be provided, as set forth in the capital improvements plan, or provided by the applicant, or by the County pursuant to the capital improvements plan, and when such facilities will be available;

11.6.2.65.1.5. Wwhether water is available for each of the phases of the proposed DCI as set forth in the Water Service Availability ReportWSAR, whether the proposed water use is reasonable given local conditions and community needs, and whether the Applicant includes methods to lessen impacts on water resources as required by the SRAs;

11.5.1.66.2.7. Wwhether the adverse impacts of traffic identified in the TIA are or can be minimized and appropriately generated as a result of the activities taking place in the proposed DCI Overlay Zoning District can be mitigated;

11.5.1.76.2.8. Wwhether the proposed locationDCI Overlay Zoning District is compatible with adjoining uses given the size, design and operational characteristics of the proposed DCI, and whether the DCI facilitiesor can be made compatible with the surrounding area by usingthrough reasonable effort and conditions of approval;

11.6.2.9. Whether the proposed DCI Overlay Zoning District or proposed DCI may cause a public nuisance or have an adverse effect or impact on adjoining properties or resources, includings to mitigate any public nuisance or land use effects or impacts of the DCI operation. Factors to be considered include impacts to property values, public health and safety, ; impacts on cultural, historic and archaeological resources, emergency services response, wildlife and vegetation resources, noise,; impacts on roads and highways, vibration, odor, glare, fire protection, access, visual resourcesimpacts, ; and impacts upon air and water quality and quantity, which cannot be mitigated to acceptable levels through reasonable measures;the past performance of the operator’s past compliance (or lack thereof), with federal, state and local laws pertaining to the DCI; and

11.6.2.105.1.8. Wwhether the proposed DCI will be detrimental to the safety,

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health, prosperity, order, comfort andor convenience of the residents of the County; pursuant to NMSA 1978, § 4-37-1.

11.6.2.11. Whether the Applicant or Relevant Subjects have demonstrated a history of non-compliance with environmental laws or standards;

11.6.2.12. Whether tThe applicant fails to proves that the proposed DCI will comply with the standards of this Chapter, and the SLDC, and or any other applicablerelevant federal, state, or local standards.;

The applicant or any person or entity that owns, operates, manages, or controls the applicant has not complied with federal, state, or local laws and regulations in previous activities;

11.7. DCI CONDITIONAL USE PERMIT

11.7.14.5. Application for a DCI Conditional Use PermitRequirements. Any application for a DCI Conditional Use Permit shall include the following, which shall be submitted in an appropriate sequence, as indicated:

11.7.1.1 Application Submissions Checklist. The Application shall not be complete until Aall materials required under Section 11.7 have been submitted as determined by the Administrator. by tThe Administrator shall provide an application checklist to assist the Applicant. on the application submissions checklist.

11.7.1.2. Requirements and Procedures. All Ssubmittals necessary to comply with the requirements and procedures described set out in Chapters 4 and 6 of the SLDCrelating to CUP applications.

Everything required by LUA on a checklist Follow all requires and proceedures in Ch. 4

An application for a DCI Conditional Use Permit, which shall be for a single phase only if multiple phases are intended, shall include:

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

11.7.1.4. 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.;

11.7.1.54.5.2. State and Federal Permits. Aall required state and federal permits approved in conjunction with the proposed DCI.;

11.7.1.6. Phaseding PlanMap. A planmap identifying the extent and location of each phase of the development, operation, closure, and and rreclamation 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

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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.

11.7.1.74.5.3. Cost Estimate. Aa preliminary cost estimate prepared and sealed by a New Mexico Pprofessional Eengineer for to comply with all all site improvements and environmental protection, monitoring and reclamation requirements.

11.7.1.8. Sampling and Analysis Plan (SAP) and Baseline Conditions Report. , if appropriate; and 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, 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).

11.4.5.4. a detailed development plan, meeting the submittal requirements of Article V, Section 7.1.2. of this Code; and

11.7.1.894.5.5. Studies, Reports, and Assessments. All SRAs required in Chapter 6 and Table 6-1 for a DCI CUP, which shall conform to Section 11.6.1.5 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. as specified in Chapter 6 shall be updated, and shall address ,additional potential impacts specified in this section as described in section 11.7.2and any additional requirements specific to the applicable DCI subsectionall final SRAs, complying with any comments and conditions imposed through the DCI Overlay Zoning District approval. The following is supplemental to the requirements imposed in Chapter 6 and the DCI-specific regulations of the SLDC:The following additional information is required for the SRAs for a DCI Conditional Use Permit:

Environmental Impact Report.

[1.] 11.7.2. Studies, Reports, and Assessmentsport The Applicant’s EIR shall submit an updated eportEIR as specified in section 6.3. Intoshall

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include a description and analysis of addition to all requirements specified in section 6.3, the EIR shall address the applicable potential impacts identified in Table 11-1 using the best available science.

Table 11-1 PotentialCategories of Impacts to be Identified, Mapped and Addressed.

CATEGORY OF POTENTIAL IMPACTS TO IDENTIFY, MAP, AND ADDRESS

SAND AND GRAVEL EXTRACTION

LANDFILLS

JUNKYARDS

CONCENTRATED ANIMAL FEEDING OPERATIONS

MINERAL RESOURCE EXTRACTION AND PROCESSING

Federal and State endangered and threatened species and species of concern impacts

Yes Yes Yes Yes Yes

Connectivity and protection of significant wildlife habitat areas

Yes Yes Yes Yes Yes

Stormwater runoff rates, surface water flows and levels

Yes Yes Yes Yes Yes

Surface water contamination, and degradation generally

Yes Yes Yes Yes Yes

Wetland and riparian area viability

Yes Yes Yes Yes Yes

Groundwater levels and availability, potential groundwater depletion

Yes Yes Yes Yes Yes

Groundwater contamination, and degradation

Yes Yes Yes Yes Yes

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generally

Water well contamination potential

Yes Yes Yes Yes Yes

Erosion, siltation, and dust potential

Yes Yes Yes Yes Yes

Soils bearing strength and stability for development

No Yes No Yes Yes

Wildfire hazard Yes No Yes No Yes

Earthquake and landslide hazards

No Yes No Yes Yes

Flooding hazards and floodwater contamination

Yes Yes Yes Yes Yes

Archaeological and historic resources protection

Yes Yes Yes Yes Yes

Impacts to lLandscape scenic quality

Yes Yes Yes Yes Yes

Impacts to Cconservation and open space areas, scenic roads, and recreation trails, including visual impacts and noise

Yes Yes Yes Yes Yes

Viability of aAgricultural crop lands and improved pasture lands

Yes Yes No Yes Yes

Nuisance, hazard, traffic, character, and visual impacts to residential uses

Yes Yes Yes Yes Yes

Nuisance, hazard, Yes Yes Yes Yes Yes

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and visual impacts to commercial and public or institutional uses

Adequacy of roads for intended use

Yes Yes Yes Yes Yes

Water system availability and capacity

Yes YesNo

YesNo

Yes Yes

Fire protection and emergency medical service availability and response times

Yes Yes Yes Yes Yes

Sulfide and other reactive minerals

Yes1 No No No Yes

[2.] Sampling and Analysis PlanBaseline Conditions Report (BCR)s. The Applicant shall submit a BCR presenting the baseline data gathered pursuant to the SAP and describing the results. The Applicant shall not commence the EIR until the County approvesa licensed New Mexico Professional Engineer has prepared Sampling and Analysis Plans (SAPs) for surface water, ground water, soils, geochemistry, vegetation, terrain, and cultural and archaeological resources that ensure the collection of sufficient information to adequately characterize each impact. Each SAP shall describe the sampling methodology, including the number, density, and locations of samples, the collection method, including recording, mapping, and field data evaluation, and the method for stabilizing, shipping, and analyzing the samples, including the chain of custody procedures. The applicant shall not commence the sample collection under a SAP until the County approves the SAP in writing. The Applicant shall revise and submit a SAP if the Administrator determines that the SAP is not adequate or more samples or data are necessary.

11.7.2.2. Adequate Facilities and Service Assessment. The applicant shall submit an Adequate Public Facilities and Service Assessment (APFA) as specified in Section 6.4.

1 The Administrator may exempt the Applicant from this requirement if the Applicant demonstrates that it proposes to mine a natural sand and gravel deposit or formation. If the sand and gravel consists of previously extracted and stockpiled materials, then the requirement applies unless the Applicant demonstrates to the Administrator’s satisfaction that the material it is not composed of and does not include previously extracted acid-generating ore, overburden, tailings, waste rock, or other material extracted in connection with a mineral resource extraction or processing operation. of 91

11.7.1.107. Additional Plans, Reports and Assessments. The following additional plans, reports and assessments: 11.7.210.5.3. Water Services Availability Report. The applicant shall submit aA Water Service Availability Report (WSAR) shall be submitted with the application perdescribed in Section 6.5 (Water Service Availability Report) of the SLDC. Additionally, the WSAR shall demonstrate that the DCI will not infringe on other water rights, impair wells, or adversely affect the quality or quantity of ground or surface waters.

1. Extraction and filling of a reservoir shall not infringe on downstream appropriator’s water rights.

11.7.2.10.5.4. Project Traffic Impact Assessments and Road Standards. The applicant shall submit a Traffic Impact Assessment (TIA) as specified in Section 6.6. Additionally, the TIA shall identify:

1. the estimated number and weight of vehicles both loaded and unloaded that will enter and leave the DCI and their impact on the surrounding road network;

2. the traffic routes that will be used by vehicles entering and leaving the DCI, that avoid, to the maximum extent possible, residential areas, commercial areas, environmentally and visually sensitive areas, schools, governmental buildings, villages, towns, and municipalities, and other congested locations;

3. the estimated time and frequency of vehicles entering and leaving the DCI; and

4. a plan to prevent the loss of transported materials and minimize or eliminate fugitive dust during transportation.

1. All roads carrying sand and gravel related traffic shall conform to the requirements of Section 7.11 (Road Design Standards) of the SLDC.

2. Transportation Facility Improvements. An analysis of all roads accessing the site shall be submitted to the County with detailed information concerning the ability of the roads to adequately support the projected traffic, including potential weight of vehicles for 20 years or the life of the sand and gravel extraction operation. Cost of all required improvements, on and off-site, shall be borne entirely by the applicant.

3. The Board of County Commissioners may establish a maximum size and number of truck trips allowed to enter and exit a processing location where needed to:

a. avoid a reduction in the level of service for all access roads and roads

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within the study area as provided in the Traffic Impact Analysis (TIA) the time of application;

b. avoid the deterioration of all access roads; and

c. otherwise comply with Section 6.6 of the SLDC.

4. Traffic Counts. Traffic counts at the entrance of the operation shall be presented at the annual review of the operation’s permit. 5. Designation of Construction and Haul Routes. The application shall designate proposed truck haul and traffic routes that shall be subject to limitation by the BCC, which proposal shall:

a. avoid residential areas, commercial areas, environmentally and visually sensitive areas, schools and other civic buildings, municipalities, and already congested locations where possible;

b. identify alternative routes;

c. identify the timing of truck haul traffic; and

d. include a fugitive dust plan for designated routes to prevent loss of loads and fugitive dust during transportation.

11.7.2.5. Fiscal Impact Assessment. The applicant shall submit a Fiscal Impact Statement (FIA) as specified in Section 6.7. The FIA shall include the cost of long-term environmental impact abatement and restoration and the associated fiscal impact on the applicant, County, and any other affected governmental body.

11.7.2.610.5.13. Protection of Historic and Archaeological Resources. Any application for sand and gravel extractionThe applicant shall submit aan archaeological report conforming to the requirements ofas specified in Section 7.16 (Protection of Historic and Archaeological Resources) of the SLDC. In addition, the applicant must consult with any tribal group who, after receiving notice, determines that the proposed DCI will disturb indigenous cultural or archeological sites. The applicant shall consult with the tribal group and person preparing the Archeological Study in developing a Cultural Resource Protection Plan that avoids the disturbance of cultural and archeological resources.

1. Technical and Financial Feasibility Assessment. The Applicant shall submit a Technical and Financial Feasibility Assessment certified by a Professional Engineer with expertise in Mineral Resource Extraction and Processing and approved by the Administrator that demonstrates the technical and financial feasibility of the proposed DCI for all phases of development, operation, and closurereclamation, 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

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technology in the proposed DCI.

11.7.2.8. Noise Study. The applicant shall submit A noisea study showing thethe baseline and projected noise levels at the property boundaries and representative locations at the site of the proposed DCI, including the projected noise level for each piece of equipment at the proposed DCI. from the specific equipment to be used is required to be submitted with the application. Such noise study shall provide a baseline of three consecutive weekdays representative of non-excavation activities.

2. Applicant Background Report Report. The Applicant provide or update the all shall update and submit all information required underin Section 11.6.1.6.

311.10.5.25. Reclamation Plan and Bonding. The Applicant shall submit aA reclamation plan shall be provided that is designed and certified by a New Mexico registered Professional Engineer with expertise in reclamation and approved by the Administrator. 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 ofbetween each phase of operation and reclamation, and demonstrate how the Permittee will comply with the reclamation standards specified below or landscape architect, and meets the reclamation standards specified below in Section 10.3.25. The Professional Engineer, or another Professional Engineer with comparable expertise in reclamation and approved by the Administrator, shall oversee implementation of the plan. how reclamation of one phase will begin prior to initiation of the next phase and The plan shall restrict extraction operations to areas of workable size so that no area is left inactive and unreclaimed for more than 60 days, unless approved by the DCI Permit. The plan shall specify any phasing of reclamation and estimate the cost of the entire reclamation project. A bond shall be posted to implement the reclamation plan at 125% of expected cost of the reclamation. The bond amount shall be reviewed annually, as part of the annual review of the DCI Permit, for the purpose of up-dating the bond amount in accordance with any changing costs of reclamation. The reclamation plan does not replace a landscape plan that may be required for any subsequent development of the gravel processing and extraction site.

11.10.5.26. Reclamation Standards. The reclamation plan shall comply with the following standards:

a1. General. Land areas shall be reclaimed to a pre-operational condition suitable for new land uses. Reclamation shall restore land areas to a condition suitable for new land uses. Wildlife habitat conditions shall be restored in a manner comparable to or better than , to the habitat conditions that existed prior to the proposed gravel operationDCI. All other site conditions shall comply with the standards of this Chapter, the SLDC, and other applicable federal, state, and local requirements; In general, all

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slopes shall be graded to 3:1 or flatter to promote revegetation.

b2. Grading. Disturbed areas shall be re-graded to blend into and conform to the general natural form and contours of the adjacent areas, a. In general, all slopes (cut or fill) shall be graded to 3:1 or lessflatter; and. Such methods must be approved as part of the Reclamation Plan.

c3. Revegetation of all disturbed areas is required. 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. Mining operations shall be allowed to progress so long as the disturbed areas within previous phases have been reclaimed within 6 months after the commencement of the new phase; provided that, the County will consider extensions due to weather conditions and taking into account seasonal changes. Reclamation shall commence within 30 days of the commencement of a new phase of extraction.

5. Prior to Approval of Reclamation Study. In no case shall a location and time of excavation be approved that may have negative impacts on any state or federally designated endangered or threatened species, or critical habitat.

11.44.4.5. 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:

1. An application for a DCI Overlay Zoning District shall include an emergency preparedness and response plan ("ERP Plan"). The ERP Plan shall include a provision for the applicant to reimburse the appropriate emergency response service providers for costs incurred in connection with an emergency. This plan shall be filed with the County at the time of application for the DCI Overlay District and shall be updated on annual basis or as conditions change. The ERP Plan shall be coordinated with and approved by the emergency management officer prior to beginning field operations.

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,

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Hazardous Material spills, vehicle accidents, and the failure of berms, retaining walls, dams or ponds;

b. fire prevention, response, and health and safety plans;

2. The ERP Plan shall consist of the following information, at a minimum:

a. a cash, certified or bank check, letter of credit, or cash deposit, to cover all of the County's expenses in reviewing the ERP, engaging consultants, and for a Hearing Officer to conduct the first public hearing on the ERP. The County will provide an estimate of the cost of conducting the study, which shall provide the basis for the initial deposit. The applicant shall make additional deposits if the initial deposit is inadequate to reimburse the County for the costs of the study, and the County shall refund any unexpended funds on deposit after the study is completed;

c3. the names, addresses, and 24-hour telephone numbers, including a 24 hour emergency number of at least two (2) persons responsible for emergency field operationsresponse; and

d4. a printed map with latitude/longitude UTM graticules along the edges. These maps shall be produced and available in GIS format based on the standard Santa Fe County GISs spatial reference, and. the Additionally, all digital data shall be provided to the County for use in its GIS databases and mapping in this format.; and

5. a written response plan for the potential emergencies that may be associated with the operation of the facilities. This may include any or all of the following: explosions, fires, gas or water pipeline leaks or ruptures, hazardous material vehicle spills or vehicle accidents; failure of berms, dams or ponds used by DCI operator; and

5. a cash or certified check for the County's cost to review the ERP and to conduct a public hearing on the ERP. The County shall provide an estimate of the cost of conducting the review and public hearing, which shall serve as the basis for the initial deposit. If the County determines that the cost of conducting the review and public hearing exceeds the amount of the initial deposit, the applicant shall make one or more additional deposits, provided however, the County shall refund any unexpended funds on deposit after the review and public hearing are completed.

6. a fire prevention, response, and health and safety plan.53. 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.

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6. Greenhouse Gas Emissions AssessmentStudy 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. Technology andz

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.

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

11.7.2.1. Whether the proposed DCI is consistent with the DCI Overlay Zoning District, if applicable;

11.7.2.2. Whether the proposed DCI is consistent with the SGMP and applicable Area, District and Community Plan, if applicable;

11.7.2.3. 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, roads, facilities, structures, cultural, historic, or archaeological sites, adjoining uses, or public or private property;

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11.7.2.4. Whether the proposed DCI complies with all federal, state and local laws, regulations, and ordinances;

11.7.2.5. 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; Applicant, which includes all partners and limited partners of a partnership Applicant, all officers, directors or executives of a corporate Applicant, all stockholders holding more than five percent of the stock of a corporate Applicant, and any person with an ownership interest in the Applicant, has complied with federal, state and local laws, regulations, ordinances, development orders, conditions of approval and other requirements in previous activities by the Applicant, the persons identified in this paragraph, or entities they own or control; and

11.7.2.6. Whether the Applicant proveshas demonstrated that the proposed DCI will comply with the requirements and standards of this Chapter, the SLDC, and other applicable federal, state, orand local requirements and standards.

11.87.3. GENERAL PERFORMANCE STANDARDS.

11.8.110.5.7. Visual Screening MeasuresResources. TheAll proposed DCI’s shall meet the following standards for the protection of visual resources:

Visual screening, which shall include all phases, is required per Section 7.6 (Landscaping and Buffering) of the SLDC plus the following standards.

11.8.1.1. General. The view from all public roads, rivers, parks, open space and adjoining residential areas shall be screened based on the viewshed analysis.;.

112.8.1.2. Buildings. All buildings shall be The designed, scaled, and locatedtion to of all buildings shall reduce the visibility of the proposed DCI from off- site.;.

113.8.1.3. Surrounding Vegetation - General. Any vegetation on site that can act as screening of the extraction area shall be preserved, including vegetation existing in the required setbacks. Vegetation in the DCI Overlay Zoning District shall be preserved to the maximum extent possible given the nature and operations of the DCI.; and

11.8.1.4. Vegetation - Screening. Vegetation that screens any part of the proposed DCI shall be preserved.

4. For all proposed extraction areas of greater than 10 acres, the extraction shall be designed in phases in order to minimize the visual impact.

11.8.3.7.8.2. Hazardous and Toxic Materials. Any All fuel, explosives, or other Hhazardous Mmaterials, including all materials identified in the Hazardous and Toxic Materials Plan, stored on the site shall be safely stored in accordance with applicable state and federal law in their original containers, within a contained within a tank that is designed to store the material, or within structure with a lined impoundment structure

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designed and certified by a registered New Mexico Professional Engineer with expertise in the handling and storage of Hazardous Materials. TheHazardous Materials storage tanks or structure and lined and impoundments structure shall be set back a minimum of fivethree hundred (5300) feet from theany property boundariesy. of the proposed DCI and a minimum of one thousandfive hundred (10500) feet from a allprivate drinking water wells, water supplies, and domestic well or water featuresbody, including rivers, streams, ponds, lakes, springs, seasonal watercoursearroyos, wetlands, and riparian areas. , and a minimum of one thousand (1000) feet from any well or spring that supplies water for a public water system, or any A greater setback from water supply wellsdistance may be required bypursuant to a wellhead protection program.

11.8.3. Water Resources. DCIs shall not cause the Water quality shall not be degradation ofed groundwater quality to such an extent that belowthe concentration of any contaminant in groundwater exceeds the the applicable standards set out of the New Mexico Water Quality Act (NMAC 20.6.2.3103, and any contamination of groundwater above water quality standards shall be abated in accordance with and NMAC 20.6.4. Water use at all DCIs shall strictly comply with all permit requirements imposed by the New Mexico Office of the State Engineer. ), and the use of water shall not exceed the permitted amount, cause detriment to existing water rights, or be contrary to the conservation of water in the County. The Board shallmay consider the following factors in determining a DCI’s impact on water resources:

11.8.3.1. Chemical, physical and biological characteristics including water circulation, temperature, substrate, suspended particulates, clarity, odor, color and taste of water, concentration of heavy metals or any other regulated constituents, and concentration of nutrients, including phosphorus and nitrates;;

11.8.3.2. Erosion or sedimentation;

11.8.3.3. Sediment and other pollutant loading;

11.8.3.4. Filtration, pollutant uptake and storage capacity of wetlands and riparian areas;

11.8.3.5. Stream channel morphology, shoreline stability, and structure and function of a water body, including stream, pond, lake, spring, seasonal watercourse, wetland, and riparian area;

11.8.3.6. Surface and subsurface flow patterns and flooding;

11.8.3.7. Nutrient levels and eutrophication rates;

11.8.3.8. Capacity, aerial extent, and functioning of a water body, including stream, pond, lake, spring, seasonal watercourse, wetland, and riparian area.; 11.8.3.9. Flushing flows, stormwater runoff, and other nonpoint sources of pollutants;

11.8.3.10. Groundwater recharge and discharge patterns in the watershed;

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11.8.3.11. The location of septic tanks and leach fields; and

11.8.3.12. The proximity, completion, and types of Wwells.

11.8.410.5.12. Wildlife and Environmental Resources. Wildlife shall be preserved and protectedThe proposed DCI shall meet the following standards for the protection of wildlife and environmental resources: Protection is required for critical environmental resources including wetlands, riparian areas, and important wildlife habitats.

11.8.4.1. Any modification of the terrain within a floodplain area shall avoid or be environmentally sound, minimize to the maximum extent feasible adverse impacts on wildlife habitat and impacts during operation to the maximum extent feasible, and not result in net loss of wildlife habitatand shall result in no net loss of habitat as measured after the completion of reclamation.;.

11.8.4.2. All sand and gravel operationsThe location and time of activities shall be limited to locations and times of year that ensure no significant negative impacts to federally-listed or state- listed endangered or threatened species or to any other species of conservation concern; and.

11.8.4.3. No sand and gravel development Wshall interrupt a wildlife corridors shall not be interrupted.

11.10.5.148.5. Terrain Management. In addition to the requirements of Section 7.17, the proposed DCI shall meet the following terrain management standards: Requirements of Section 7.17 (Terrain Management) of the SLDC shall be met.

1. Grading and Erosion/Sediment Control. In addition to the Terrain Management requirements of the SLDC, drainage and erosion control shall comply with the following:

11.8.5.1a. Removal of Organic Materials. Fill areas shall be properly prepared by removing organic materials, such as vegetation and rubbish, and any other material, which is detrimental to the proper compaction of the site or not otherwise conducive to the stability of the site.;.

11.8.5.2b. Site Vegetation Removal and Revegetation. The removal of eExisting vegetation shall not be removedoccur more than thirty (30) days prior to the commencement of grading.; Areas that have been filled, covered, or graded shall be revegetated as soon as practicable.however, permanent revegetation shall be commenced as soon as practical after the completion of grading . Site specific native seed mixtures shall be used, to revegetate all disturbed areas with the exception of lawn and landscaped areas, if any. Mulching shall be used in order to assuresupport vegetation growth.;.

11.8.5.3. Noxious Weeds. All seed mixtures, mulch, and erosion control and

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revegetation materials shall comply with the NMSU Seed and Noxious Weed Certification.;

11.8.5.4c. Topsoil, Stripping, Stockpiling, and Redistribution. In areas that must be disturbed by the DCI, The existing topsoil shall first be stripped from and stockpiled on site for redistribution over the completed final grade. Stockpiling shall conform to best practices and shall ensure that soil organisms in stockpiled soil remain viable until completion of the redistribution process.;

11.8.5.5d. Cut and Fill Slopes. Cut and fill slopes shall be graded to a slope no steeper than 2:1, or 50%,and fill slopes shall be graded to a slope no steeper than 3:1, to allow for permanent revegetation or landscaping unless a retaining wall that is designed and certified by a Professional Engineer is used. or a steeper slope is approved by the County. The County shallmay require the submission of a detailed engineering report and analysis prepared by a professional engineer or landscape architect relative to the safety of such cuts and fills, if necessary considering soil type, soil stability, and any proposed structures.;.

11.8.5.6. Surface Runoff. The volume of surface runoff shall not exceed the volume that occurred prior to commencement of the proposed DCI. Runoff shall be contained in a retention pond designed and sized by a P New Mexico professional Eengineer.; and.

11.8.5.72. Sediment and Erosion Control. Sediment shall not be transported or deposited into any water body, including stream, pond, lake, spring, seasonal watercourse, wetland, and riparian area, or any property outside the property boundaries of the proposed DCI, excluding properly designed sediment ponds pursuant to section 11.14.6.6.4. Best management practices, including grading, fencing, landscaping, soil stabilization, and backfilling, shall be used to reduce the rate and volume of run-off, reduce erosion, and prevent the transport and deposition of sediment.Practices for sediment and erosion control shall be designed, constructed and maintained to mitigate further entry of sediment to streams, lakes, ponds, or any land outside the permit area. Where applicable, sediment and erosion control measures to prevent degradation of the environment shall be instituted and consist of utilization of proper reclamation methods and sediment control practices including, but not limited to:

a. grading material to reduce the rate and volume of run-off;

b. retaining sediment within the pit and disturbed area; and,

c. establishing temporary vegetation or mulch on short term erosion, sedimentation or windblown dust.

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11.8.6. Fugitive Dust. The proposed DCI shall meet the following standards for the control of fugitive dust:

11.8.6.1c. Dust control measures include but are not limited toFugitive dust shall be reduced to the maximum extent possible, including the use of wet suppression through manual or mechanical application,; the use of fabric fencing, material or equivalent that shall be a minimum of 24 inches in height and anchored 6 inches below the surface on the bottom edge installed around the perimeter of the disturbed surface area; the use of dump truck tarps,; and the use of chemical dust suppressants meeting federal, state, and local water resource protection standards and applied in accordance with the manufacturer’s recommendations, and road hardening or paving;; applied in amounts, frequency, and rates recommended by the manufacturer.

2d. The DCI shall not operate when the wind speed exceeds ____ mph. In no circumstances shall a sand and gravel operator continue extraction operations during a high wind event.

11.8.6.23e. All sand and gravel operations shallE incorporate an entry and /exit aprons, steel grates, or other equivalent devices capable ofto removeing bulk material from the tires of vehicle traffic shall be installed; and

11.8.6.3. Potable water shall not be used for dust control. .

11.8.7. Greenhouse Gas Emissions. The proposed DCI shall offset all greenhouse gas emissions to ensure a net zero increase in the amount of emissions.

11.8.8. Fiscal Impact. The Applicant shall bear all costs associated with the proposed DCI, and the proposed DCI shall have no negative fiscal impact on the County.

11.8.9. Financial Feasibility. The Applicant shall demonstrate the financial capability to pay for all phases of the proposed DCI, reclamation, and remediation by posting a financial guaranteeGuaranty as specified in Section 11.5.6.

11.8.10. Air Quality. Federal and state air quality standards shall not be exceeded.11.5.2. The Hearing Officer and Planning Commission shall consider the following criteria when making recommendations and determinations for approval, conditional approval or denial of a DCI Conditional Use Permit:

11.5.2.1. consistency with the Sustainable Growth Management Plan and any applicable Area, District and Community Plan;

11.5.2.2. consistency with the DCI Overlay Zoning District approval; and

11.5.2.3. to determine the operator’s compliance with federal, state and local laws pertaining to the DCI during the development of previous phases of the DCI.

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11.810.115.28. Annual Operating Plan and Monitoring Report. The proposed DCI shall meet the following monitoring standards:

11.8.11.1. An annual operating plan andThe Permittee shall submit an annual monitoring report, capable of audit, shall be prepared and submitted as detailed in the Permit in accordance with the findings of the EIR to the Land Use Administrator no later thanby January 31st of each year after approval of the DCI Conditional Use Permit. The report shall describe the phase of operation, if applicable, summarize the operations ofthe nature of operation during the previous year, the size and nature of disturbance of the area affected by operation, the structures and facilities constructed, theincluding number of on- and off-site truck trips and sizes of trucks, the area developed and primarily affected by the DCImined, the quantities and type of materials extracted, transported, and disposedmined in tonnage and cubic yards, the amount of area undergoingstatus of reclamation, including the size and type of activities and estimated cost of reclamation to be completed, the results of air, soil and ground or surface water monitoring, an updated ERP-P, and any other information requested by the Administrator; , and the success of reclamation including any violations issued and their outcome.

2. For the first three years, the report shall be reviewed at a public hearing with the Board of County Commissioners. After the third year, the Board may allow the report to be reviewed administratively by the Land Use Administrator and brought to the Board when the Land Use Administrator has determined a significant change in operations has occurred, or circumstances have changed warranting re-evaluation of the DCI permit.

recommend and the Board shall Board cease operations andTBoard11.8.11.2. If the Permittee fails to timely submit a report required under this Section, the Administrator may take any enforcement action available to her, including but not limited to suspension or revocation of the DCI Conditional Use Permit; and

11.8.11.3. Reports shall be kept on file as a matter of public record.

11.74.6. Revocation or Suspension, Modification, or Revocation of a DCI Conditional Use Permit.

11.74.6.1. A DCI Conditional Use Permit is subject to revocation or suspension by theThe Land Use Administrator may suspend, modify or revoke a DCI Conditional Use Permit for any of the following reasons:

1. any conduct that constitutes a failure to comply with performance a standards or condition in the s imposed by the DCI Conditional Use Permit;

2. conduct of the DCI outside the authorized engaging in the activities allowed by the Conditional Use Permit that are outside the geographic

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boundaries of the DCI Conditional Use Permit;

3. the revocation or suspension, revocation, cancellation, or similar action of any federal, or state, or local permit required as a condition of approval of the DCI Conditional Use Permit; or

4. It is found that the Permittee misrepresented any material submitted to the County pursuant the permit; or

54. any other conduct, whether or not within the scope of the DCI Conditional Use Permit, that damages or commits waste to private or public property.

11.74.6.2. The Land Use Administrator shall serve a written Notice of Suspension, Modification or RevocationViolation to the Holder of the DCI Conditional Use PermitPermittee either by certified mail at the address provided in the application or by personal delivery to the HolderPermittee, either at the Holder’s Permittee’s address or at the worksite of the PermitDCI’s location. The Notice of Violation shall provide the following:

1. a statement of the reason for the suspension, modification or revocation with reference to the SLDC ornature of the violation with reference to this Ordinance or the terms of the DCI Conditional Use Permit;

2. a brief description of the reason for the suspension, modification or revocationand location of the violation; and

3. a statement that the Permittee’s failure to resolve the reason for the suspension, modification or revocationremove and correct the violation, or to cease and desist from further acts of the violation within fifteen (15) days of receipt of the Notice of Violation mayshall result in revocation or suspension or revocation of the DCI Conditional Use Permit.

11.74.6.3. If the Holder Permittee fails to resolve the reason for the suspension, modification or revocationor refuses to correct or to cease and desist from further acts of the violation within the fifteen (15) days of receipt of the Notice, afforded or to the satisfaction of the Land Use Administrator, or if the Holder Permittee disagrees with issuance of the Notice of Violation and so informs the Land Use Administrator in writing:

1. the matter shall be scheduled for a hearing before a Hearing Officer, which hearing shall be noticed in accordance with Section 4.6.4 of the SLDC and shall be scheduled as soon as is practicable but in no event longer than thirty (30) days after the Permittee’s receipt of the Noticereferral;

2. during the hearing, it shall be the burden of the Land Use Administrator bears the burden to demonstrate by a preponderance of the evidence that a

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violation of the DCI Conditional Use Permit should be suspended, modified or revokedhas occurred as set forth in Section 4.6.1 above;

3. the PermitteeHolder may then provide a defense by calling witnesses andor submitting evidence disputing the evidence of the Land Use Administrator’s reason for the suspension, modification or revocation;

4. within five (5) working days of the hearing, the Hearing Officer shall make written findings of fact and rulings of law and recommend to the Board to either revoke, suspend, modify, or not revoke or not suspend the DCI Conditional Use Permit;

5. the matter shall be scheduled for a hearing before the Board, which hearing shall be noticed in accordance with Section 4.6.4 of the SLDC and shall be scheduled as soon as practicable, and after hearing, the Board may:

a. affirm the recommendation of the Hearing Officer to either revoke, suspend, modify, or not revoke or not suspend the DCI Conditional Use Permit; or

b. issue a decision to not revoke, modify or not suspend the DCI Conditional Use Permit but impose additional conditions related to curing the effects of the violation and preventing future violationsin the DCI Conditional Use Permit.

6. Any person aggrieved by a final decision of the Board pursuant to this Section may appeal to District Court in accordance with NMSA 1978, § 39-3- 1.1 (as amended), and Rule 1-074 NMRA.

7. If the Holder Permittee of the DCI Conditional Use Permit fails or refuses to comply with an order of the Board after its issuance, the Land Use Administrator may seek a court order enjoining the DCI, further operation by the Holder and may invokein addition to any other remedies available to the County pursuant to NMSA 1978, §§ 3.17.1, 3.18.17 and 3.21.1 (as amended).

8. The remedies described in this section above areshall not be construed as the exclusive remedies that are available to the County.

11.5. REVIEW CRITERIA.

11.5.1. The Hearing Officer, Planning Commission and Board of County Commissioners shall consider the following criteria when making recommendations and determinations for approval, conditional approval or denial of a DCI Overlay Zoning District:

11.5.1.1. consistency with the SGMP and any applicable Area, District and Community Plan;

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11.5.1.2. environmental effects and impacts identified in the Environmental Impact Report (EIR) are avoided or appropriately mitigated;

11.5.1.3. whether adequate public facilities either exist or can be promptly funded as identified in the Adequate Public Facilities and Services Assessment (APFA) as required by the SRAs;

11.5.1.4. whether improvements identified in the APFA can be provided, as set forth in the capital improvements plan, or provided by the applicant, and when such facilities will be available;

11.5.1.5. whether water is available for each of the phases of the proposed DCI as set forth in the Water Service Availability Report as required by the SRAs;

11.5.1.6. whether impacts of traffic generated as a result of the activities taking place in the proposed DCI Overlay Zoning District can be mitigated;

11.5.1.7. whether the proposed location is compatible with adjoining uses given the size, design and operational characteristics of the proposed DCI, and whether the DCI facilities can be made compatible with the surrounding area by using reasonable efforts to mitigate any public nuisance or land use effects or impacts of the DCI operation. Factors to be considered include impacts to property values, public safety; impacts on cultural, historic and archaeological resources, emergency services response, wildlife and vegetation resources, noise; impacts on roads and highways, vibration, odor, glare, fire protection, access, visual impacts; and impacts upon air and water quality and quantity, the past performance of the operator’s past compliance (or lack thereof), with federal, state and local laws pertaining to the DCI; and

11.5.1.8. whether the proposed DCI will be detrimental to the safety, health, prosperity, order, comfort and convenience of the County pursuant to NMSA 1978, § 4-37-1.

11.5.2. The Hearing Officer and Planning Commission shall consider the following criteria when making recommendations and determinations for approval, conditional approval or denial of a DCI Conditional Use Permit:

11.5.2.1. consistency with the Sustainable Growth Management Plan and any applicable Area, District and Community Plan;

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11.5.2.2. consistency with the DCI Overlay Zoning District approval; and

11.5.2.3. to determine the operator’s compliance with federal, state and local laws pertaining to the DCI during the development of previous phases of the DCI.

11.6. FINDINGS. The Board of County Commissioners hereby finds, declares and determines that this Ordinance:

11.6.1. promotes the health, safety, and welfare of the County, its residents, and its environment by regulating adverse public nuisance and/or land use impacts and effects resulting from DCIs;

11.6.2. promotes the purposes of planning and land use regulation by assuring that adequate public facilities and services as defined by this Ordinance including roads, fire, police, stormwater detention and emergency and response services will be available at the time of approval of DCI projects;

11.6.3. prevents the occurrence of adverse public nuisance and/or land use effects and impacts resulting from the abandonment of DCI activities within the County;

11.6.4. protects the County’s priceless, unique, and fragile ecosystem, the preservation of which is of significant value to the citizens of the County and state;

11.6.5. protects the County’s unique and irreplaceable historic, cultural, archaeological, and eco-tourist sites and scenic vistas, in addition to water and other natural resources;

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11.6.6. ensures the health, safety, and welfare of the County and its residents, and protects the natural and ecological resources of Santa Fe County as follows:

11.6.6.1. New Mexico has an interest in strengthening protection to historic, archaeological and cultural resources by issuing new rules and new statutes, if necessary, to put into place greater, and in some cases absolute protection, for highly sensitive and significant historical, cultural and archaeological sites and landscapes;

11.6.6.2. under the Wildlife Conservation Act (NMSA 1978, § §17-2-37 through 17-2-46), species of wildlife indigenous to the state that may be found to be threatened or endangered by DCIs require such police power regulation over DCIs so as to maintain and, to the extent possible, enhance wildlife population within the carrying capacity of the habitat;

11.6.6.3. because DCIs may presently or in the future potentially cause irreparable harm to the County’s water supply and pollution of water and air, may cause cancer, lung disease, and respiratory diseases, various DCIs must show documentation of community health effects, and these effects must be scrutinized, and thoroughly mitigated before DCI activities occur;

11.6.6.4. pursuant to the New Mexico Public Health Act, NMSA 1978, §24-1-1, the Department of Health has the authority to “investigate, control, and abate the causes of disease… sources of mortality and other conditions of public health.” Environmental hazards resulting from DCI projects may potentially cause adverse health effects;

11.6.6.5. air, soil, and water contamination may occur during different stages of DCI operations, and such contamination could affect human health;

11.6.6.6. all New Mexicans have an equal right to live in a safe and healthy environment, and implementation of precautionary principles

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promotes this premise as well as reduces potential effects on public health resulting from exposure to environmental toxins;

11.6.6.7. the burden of proof of harmlessness for any proposed technological innovation must lie with the proponent of the innovation, not the general public;

11.6.6.8. DCIs could have a negative effect on tourism, landscapes and communities;

11.6.6.9. recognizes that the County of Santa Fe has supplemental authority, in addition to the authority of the state to regulate adverse public nuisance, land use and environmental impacts and effects consistent with state legislation and regulation, stemming from DCI projects in the Galisteo Basin and unincorporated areas of the County and makes no finding that the state has preempted or occupied DCI regulation;

11.6.6.10. acknowledges that the Galisteo Basin has been recognized by the United States Congress as a nationally significantly archaeological resource and contains within it a number of areas protected under the auspices of the Galisteo Archaeological Sites Protection Act, Public Law 108-208 (2004), and finds additionally that:

1. the boundary of the Galisteo Basin is depicted in the Galisteo Basin Planning Area Map attached as Exhibit A, which is the same map attached to ordinance No. 2008-19 (Oil and Gas Ordinance), and which area further contains specific sites identified in and protected by the Galisteo Basin Archaeological Sites Protection Act referenced above, including any maps referenced in that Act;

2. DCIs in the Galisteo Basin will have significant impact on archaeological, historical, cultural and environmental resources and sensitive areas;

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3. water resources in the Galisteo Basin are at risk as DCIs in the Galisteo Basin may negatively diminish or pollute local water supplies and sources of groundwater;

4. due to the importance of the hydrology of the Galisteo Basin, not only to the citizens of Santa Fe County but to the interstate stream system through its contributions to the Rio Grande, it is extremely important to protect the quantity and quality of the surface and ground water resources in the Galisteo Basin;

5. the Galisteo Basin is home to a variety of native plant and animal species whose arid habitats will be impacted negatively by DCIs. In addition terrestrial wildlife, aquatic and riparian species and habitats such as those found around the springs, wetlands, and drainages in the Galisteo Basin must be protected;

6. clean air and water are essential to most resources and activities in the Galisteo Basin and will be degraded by DCI activity; and

7. sensitive environmental systems and cultural, archaeological and historic sites in the Galisteo Basin require permanent protection from DCI projects.

11.7. GENERAL REGULATIONS FOR ALL DCIS.

11.7.1. Identification, Mapping, and Analysis of Potential Impacts. The Environmental Impact Report (EIR) shall identify whether potential impacts would occur, where a “Yes” is indicated in the column for the proposed use, with respect to the category of potential impacts indicated in the row. The EIR shall include a description and maps of relevant information related to these impacts both on- and off-site, and identify whether factors related to these impacts exist on the property or would be affected either on- or off-site by the proposed use and development of the property, and describe whether and how potential adverse impacts will be avoided or mitigated. The categories of potential impacts that are listed in Table 11-1 below, shall be construed to be part of the environmental setting, environmental effects, and avoidance or mitigation of impacts and effects.

Table 11-1 Categories of Impacts to be Identified, Mapped and Addressed.

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CATEGORY OF POTENTIAL IMPACTS TO IDENTIFY, MAP, AND ADDRESS

SAND AND GRAVEL EXTRACTION

LANDFILLS JUNKYARDS

Federal and State endangered and threatened species and species of concern impacts

Yes Yes Yes

Connectivity and protection of significant wildlife habitat areas

Yes Yes Yes

Stormwater runoff rates, surface water flows and levels

Yes Yes Yes

Surface water contamination, and degradation generally

Yes Yes Yes

Wetland and riparian area viability

Yes Yes Yes

Groundwater levels and availability, potential groundwater depletion

Yes Yes Yes

Groundwater contamination, and degradation generally

Yes Yes Yes

Water well contamination potential

Yes Yes Yes

Erosion, siltation, and dust potential

Yes Yes Yes

Soils bearing strength and stability for development

No Yes No

Wildfire hazard Yes No Yes

Earthquake and landslide hazards

No Yes No

Flooding hazards and floodwater contamination

Yes Yes Yes

Archaeological and historic Yes Yes Yes

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resource protection

Impacts to landscape scenic quality

Yes Yes Yes

Impacts to conservation and open space areas, scenic roads, and recreation trails, including visual impacts and noise

Yes Yes Yes

Viability of agricultural crop lands and improved pasture lands

Yes Yes No

Nuisance, hazard, traffic, character, and visual impacts to residential uses

Yes Yes Yes

Nuisance, hazard, and visual impacts to commercial and public or institutional uses

Yes Yes Yes

Adequacy of roads for intended use

Yes Yes Yes

Water system availability and capacity

Yes No No

Fire protection and emergency medical service availability and response times

Yes Yes Yes

11.98. REGULATIONS FOR LANDFILLS.

11.98.1. Purpose; Intent. The purpose of this Section is to establishes operational, location, and general standards for landfills and associated activities, in addition to Sections 11.1 through 11.7, that are designed to establish reasonable limitations, safeguards, and to mitigate negative impacts on the surrounding properties.

11.98.2. Applicability. This Section applies to anythe place of business or establishment which is maintained, operated or used for the disposal of solid waste located within theSanta Fe County.

11.98.3. Operational Standards and Requirements.

11.98.3.1 Operating Solid Waste Permit. The Applicant shall obtain aA solid

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waste permit shall be obtained from the New Mexico Environmental Improvement Board per Title pursuant to NMAC 20, Chapter. 9., Part 3 (Solid Waste Facility Permits and Registrations)of the New Mexico Administrative Code (NMAC). The permit shall be submitted with the application for a DCIprior to obtaining a Conditional Use Permit.

11.8.3.2. Access. Adequate and available access is required per Section 7.4 (Access and Easements) of the SLDC.

11.8.3.3. Visual Screening Measures. Visual screening is required per Section 7.6 (Landscaping and Buffering) of the SLDC plus the following standards.

1. General. The view from all public roads, rivers, and adjoining residential areas shall be screened.

2. Buildings. All buildings’ design, scale, and location shall reduce the visibility from off site.

3. Surrounding Vegetation. Any vegetation on site that can act as screening of the extraction area shall be preserved.

11.8.3.4. Lighting. All Landfills must comply with Section 7.8 (Lighting) of the SLDC.

11.8.3.5. Signs. All development must comply with Section 7.9 (Signs) of the SLDC.

11.8.3.6. Parking and Loading. All landfills must meet the parking and loading requirements in Section 7.10 (Parking and Loading) of the SLDC.

11.8.3.7. Hazardous Materials. Any fuel, explosives, or other hazardous materials stored on the site shall be contained within a lined impoundment structure designed by a registered New Mexico professional engineer. The impoundment structure shall be set back a minimum of 300 feet from any property boundary.

11.8.3.8. Protection of Historic and Archaeological Resources. Any landfill development shall submit an archaeology report conforming to the requirements of Section 7.16 (Protection of Historic and Archaeological Resources) of the SLDC.

11.8.3.9. Terrain Management. Requirements of Section 7.17 (Terrain Management) of the SLDC shall be met.

1. Grading and Erosion Control. In addition to the Terrain Management requirements of the SLDC, drainage and erosion control shall comply with the following:

a. Removal of Organic Materials. Fill areas shall be properly prepared by

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removing organic materials, such as vegetation and rubbish, and any other material which is detrimental to the proper compaction of the site or not otherwise conducive to the stability of the site.

b. Site Vegetation Removal and Revegetation. The removal of existing vegetation shall not occur more than 30 days prior to the commencement of grading, and permanent revegetation shall be commenced as soon as practical after any landfill has been filled, covered and graded. Site specific native seed mixtures shall be used to revegetate all disturbed areas with the exception of landscaped areas if any. Mulching shall be used in order to assure vegetation growth.

c. Topsoil, Stripping, Stockpiling, and Redistribution. The existing topsoil shall be stripped and stockpiled on site for redistribution over the completed final grade.

d. Cut and Fill Slopes. Cut and fill slopes shall be graded to a slope no steeper than 2:1, or 50%, to allow for permanent revegetation or landscaping unless a retaining wall is used or a steeper slope is approved by the County. The County may require the submission of a detailed engineering report and analysis prepared by a professional engineer or landscape architect relative to the safety of such cuts and fills, if necessary considering soil type, soil stability, and any proposed structures.

2. Sediment and erosion control. Practices for sediment and erosion control shall be designed, constructed and maintained to mitigate further entry of sediment to streams, lakes, ponds, or any land outside the permit area. Where applicable, sediment and erosion control measures to prevent degradation of the environment shall consist of the utilization of proper reclamation methods and sediment control practices including, but not limited to:

a. grading to reduce the rate and volume of run-off;


c. establishing temporary vegetation, mulch, or other soil stabilization application as needed to prevent short-term erosion, sedimentation or windblown dust.

11.8.3.10. Air Quality and Noise.

1. All requirements of Section 7.21 (Air Quality and Noise) of the SLDC shall be met.

2. Noise Study. A noise study showing the projected noise from the specific equipment to be used is required to be submitted with the application.

11.98.3.211. Setbacks.

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1. rThe refuse and salvage material shall not be placed or stored either temporarily or permanently closer than be at least three hundred (300) feet from theall property lines boundaries and five hundred (500) feet from all public road rights-of-way, public recreational easements, and any water bodies and/or seasonal water coursesenvironmentally sensitive lands.

2. the property boundaries shall not be located closer than The site shall be located at least one-quarter (1/4) mile from any existing dwelling or land subdivided for residential development.

3. Vegetation within the setbacks from the property boundary shall be preserved and supplemented, for mitigation of negative impacts. Existing native vegetation on the entire operation site shall be preserved to the maximum extent possible.

11.8.3.12. Protection from Trespassing. The proposed use shall be fenced in accordance with the standards in Section 7.7. (Fences and walls) of the SLDC for health and safety protection.

11.98.3.313. Analysis of Landfills in the County. The Applicant shall submit aAn analysis of the existing capacity, the remaining life, and the need for a new major solid waste disposal site shall be submitted with the applicationfacility in the County.

11.98.3.414. Hours of Operation. A lLandfills shall not be open to the public earlier than 8 a.m. nor remain open later than 5 p.m.

11.109. REGULATIONS FOR JUNKYARDS.

11.109.1. Purpose; Intent. The purpose of this Section is to establish operational, location, and general standards for junkyards and associated activities, in addition to those requirements in sections 11.1 through 11.7, to that are designed to establish reasonable limitations, safeguards, and mitigate negative impacts on the surrounding properties.

11.109.2. Applicability. This Section applies to anythe place of business or establishment which is maintained, operated or used for storing, keeping, buying or selling junk or scrap, or for the maintenance or operation of a motor vehicle graveyard located within Santa Fethe County.


11.9.3.1. Access. Adequate and available access is required per Section 7.4 (Access and Easements) of the SLDC.

11.9.3.2. Visual Screening Measures. Visual screening is required per Section 7.6 (Landscaping and Buffering) of the SLDC plus the following standards:

1. General. The view from all public roads, rivers, and adjoining

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residential areas shall be screened.

2. Buildings. All buildings’ design, scale, and location shall reduce the visibility from off site.

3. Surrounding Vegetation. Any vegetation on site that can act as screening of the storage or worksite area shall be preserved.

11.10.3.14. Hours of Operation. A jJunkyards shall not be open to the public earlier than 8 a.m. nor remain open later than 5 p.m.

11.9.3.3. Lighting. All junkyard developments must comply with Section 7.8 (Lighting) of the SLDC.

11.9.3. 4. Signs. All junkyard development must comply with Section 7.9 (Signs) of the SLDC.

11.9.3.5. Parking and Loading. All junkyards must comply with Section 7.10 (Parking and Loading) of the SLDC.

11.9.3.6. Hazardous Materials. Any fuel, explosives, or other hazardous materials stored on the site shall be contained within an impoundment structure.

11.9.3.7. Protection of Historic and Archaeological Resources. Any application for a junkyard development shall submit an archaeological report conforming to the requirements of Section 7.16 (Protection of Historic and Archaeological Resources) of the SLDC.



1. The requirements of Section 7.21 (Air Quality and Noise) of the SLDC shall be met.

3. Noise Study. A noise study showing the projected noise from the specific equipment to be used is required to be submitted with the application.

4. Reclamation and revegetation shall be required at such time as the junkyard ceases to do business.

11.109.3.210. Setbacks.

1.

1. The refuse and salvage material shall not be placed or stored either temporarily or permanently closer than be at least three hundred (300) feet from theall property lines boundaries and five hundred (500) feet from

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all public road rights-of-way, public recreational easements, and water bodiesenvironmentally sensitive lands.

2. the property boundaries shall not be located closer than one-quarter (1/4) mile from any existing dwelling or land subdivided for residential development.

2. Vegetation within the setbacks from the property boundary shall be preserved and supplemented, for mitigation of negative impacts. Existing native vegetation on the entire operation site shall be preserved to the maximum extent possible.

11.9.3.11. Protection from Trespassing. All proposed use shall be fenced in accordance with the standards in Section 7.7. (Fences and walls) of the SLDC for health and safety protection.

11.110. REGULATIONS FOR LARGE-SCALE SAND AND GRAVEL EXTRACTION.

11.110.1. Purpose; Intent. The purpose of this Section 11.10 is to establishes operational, location, reclamation and general standards for ssand and ggravel extraction and processing operations and associated extraction activities, in addition to Sections 11.1 through 11.7, to that are designed to establish reasonable limitations, safeguards, mitigate negative impacts on the surrounding properties, and provide controls for the conserveation of natural resources, and rehabilitation ofreclaim the land.

11.110.2. Applicability. This Section applies to anyto any sand and gravelmineral extraction and processing activity or processingincluding any removal, stockpiling, or processing of for construction materials, including stone, sand, gravel, aggregate, or similar naturally occurring construction materials. Any screening, crushing, gravel recycling, washing or stockpiling of aggregate, in concert with extraction, constitutes a sand and gravel operation. A sand and graveln operation that affects ten (10) or more acres of land, extracts or processes more than twenty-thousand (20,000) tons of material, or utilizes blasting is considered a Large Scale Sand and Gravel Operations and shall beis subject to this Chaptersection. A Ssand and gGravel operation thats affectsing ten (10) or fewer acres of land, extractsing or processesing less than twenty-thousand (20,000) tons of material, and doesor not utilizeing blasting shallare not be subject to this Chapter, and shall beare regulated under Section 10.19 (Small Scale Sand and Gravel Extraction). the extraction and processing of any sand and gravel extraction operation that affects ten (10) or more acres of land, or extracts or processes more than twenty-thousand (20,000) tons of earth materials, or utilizes blasting. Sand and Gravel operations affecting ten (10) or fewer acres of land, extracting or processing less than twenty-thousand (20,000) tons of material, or not utilizing blasting are not applicable to this Chapter and are regulated under Section 10.19 (Small Scale Sand and Gravel Extraction). One or more sSmall, incremental increases of an approved sand and gravel extraction operation by the same owner or operator that is subject to Section 10.19 that causes the operation to exceed the thresholds in effectively avoid the application and approval requirements of this ordinance section are prohibited without a DCI Overlay Zoning District and DCI Conditional Use Permit. No person, including an applicant, operator, or owner, or corporate officer, whether individually or on behalf of such person, as an agent or

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corporate officer of any business entity, who has been granted an approval to operate a sand and gravel extraction operation of less than ten (10) acres of land, or less than twenty-thousand (20,000) tons of earth material, or that does not utilize blasting shall be granted approval to operate a new sand and gravel operation or toan expanded or similar extractionthat operation or another sand and gravel extraction or processing operation on the same, or contiguous, or nearby property, where the total of any additionalif the combined operations increases the extraction operation to one in excess ofwould affect more than ten (10) acres of land, or to one in excess ofprocess more than twenty-thousand (20,000) tons of earth material, or utilize blasting, except as. Instead, any such additional operation shall be treated asauthorized by a DCI Overlay Zoning District and DCI Conditional Use Permit a DCI and shall require application and processing under this Ordinance.

11.10.3. Sand and gravel extraction and processing includes any removal, stockpiling, or processing of any material identified in the definition of sand and gravel. Any screening, crushing, gravel recycling, washing, or stockpiling of aggregate, in concert with extraction, constitutes a gravel operation.

11.110.34. This Section 11.7.7 does not apply to:

11.110.34.1. Excavation related toof a basements and footings forof a building;, or retaining walls.

11.110.34.2. Sand and gravel operations that are less than 10 acres in size and extract less than 20,000 tons of earth materials and which do not utilize blasting, are regulated by Section 10.19 of this SLDC.Excavation for retaining walls; or

11.110.34.3. Mineral Exploration andResource Extraction and Processing regulated by County Ordinance 1996-10, Article III, Section 5pursuant to Section 11.14.

11.11.4. Application Requirements. In addition to other applicable requirements in this Chapter, the applicant shall provide:

11.11.4.1. Project description. The Applicant shall provide a detailed statement describing the operation, including:

1. the amount and type of materials to be excavated;

2. the duration of the excavation activity and reclamation activity;

3. the proposed method of excavation;

4. the amount of fill to remain on siteonsite; and

5. a statement from a Professional Engineer indicating the type of material(s) to be excavated and their suitability for road and structural fill construction.

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11.11.4.2. Blasting Plan.

1. The plan shall be created by a qualified blasting firm which is knowledgeable of State of New Mexico requirements and National Fire Protection Association (NFPA) 495 (Explosive Materials Code).

2. The blasting plan shall identify the maximum number of holes to be shot each occurrence, the type of explosive agent, maximum pounds per delay, method of packing, type of initiation device to be used for each hole, and blasting schedule, and establish reasonable noise and vibration estimates not exceeding the standards set in Table 11.2.

3. The County may hire a qualified blasting firm to review the Applicant’s blasting plan at the expense of the Applicant.

11.11.4.3. Closure Plan. The Applicant shall submit closure and post-closure plans with the application, and shall update the plan no later than one (1) year prior to the commencement of closure. The plans shall be based on the findings of the EIR, and shall identify a Professional Engineer, approved by the Administrator, who shall be responsible for implementation of the plans. All facilities not required to ensure compliance with the standards and requirements of the SLDC, this Chapter, and the DCI Conditional Use Permit shall be removed. Following the completion of closure, the Professional Engineer shall prepare a final report describing the actions taken by the Permittee, the results of closure and post-closure monitoring, and a certification that the DCI Overlay Zoning District after closure will comply with all applicable standards in perpetuity.


11.10.5.1. State and Federal Permits. All sand and gravel extraction operations shall submit all required state permits, FEMA and/or Army Corps of Engineers permits with the Conditional Use Permit application.

11.110.5.15.2. Hours of Operation. Hours of operation are limited to the period between sunrise or 7:00 a.m. whichever is latest, and sunset or 6:00 p.m., whichever is earliest, Monday through Saturday. The Administrator may recommend and the Board may impose further restrictions on hours per Section 11.10.5.4.5 of this SLDCof operation Ordinance.

11.110.5.25.18. Sand and Gravel Operation Setbacks. 1. A sSand and gravel operations shall not be locatedsetback: closer than five hundred

a. (500) feet from all property boundarieslines;,

b. 500 feet from all public road rights-of-way, public recreational easements, and waterbodies and/or seasonal water courses, environmentally sensitive lands; and

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c. oOne- half (1/2) mile from residential structures, shall maintain an additional minimum buffer of one hundred (100) feet of natural vegetation between the operation and the annual high water mark of any waterbody..

2. Vegetation within the setbacks from the property boundary shall be preserved and supplemented, as necessary, for mitigation of negative impacts. Existing native vegetation on the entire operation site shall be preserved to the maximum extent possible

11.10.5.3. Water Services Availability. A Water Service Availability Report shall be submitted with the application per Section 6.5 (Water Service Availability Report) of the SLDC.

1. Extraction and filling of a reservoir shall not infringe on downstream appropriator’s water rights.

11.10.5.4. Project Traffic Impacts and Road Standards.

1. All roads carrying sand and gravel related traffic shall conform to the requirements of Section 7.11 (Road Design Standards) of the SLDC.

2. Transportation Facility Improvements. An analysis of all roads accessing the site shall be submitted to the County with detailed information concerning the ability of the roads to adequately support the projected traffic, including potential weight of vehicles for 20 years or the life of the sand and gravel extraction operation. Cost of all required improvements, on and off-site, shall be borne entirely by the applicant.

3. The Board of County Commissioners may establish a maximum size and number of truck trips allowed to enter and exit a processing location where needed to:

a. avoid a reduction in the level of service for all access roads and roads within the study area as provided in the Traffic Impact Analysis (TIA) the time of application;

b. avoid the deterioration of all access roads; and

c. otherwise comply with Section 6.6 of the SLDC.

4. Traffic Counts. Traffic counts at the entrance of the operation shall be presented at the annual review of the operation’s permit.

5. Designation of Construction and Haul Routes. The application shall designate proposed truck haul and traffic routes that shall be subject to limitation by the BCC, which proposal shall:

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a. avoid residential areas, commercial areas, environmentally and visually sensitive areas, schools and other civic buildings, municipalities, and already congested locations where possible;

b. identify alternative routes;

c. identify the timing of truck haul traffic; and

d. include a fugitive dust plan for designated routes to prevent loss of loads and fugitive dust during transportation.

11.10.5.5. Project description. The applicant shall provide a detailed statement describing the project including:

1. The amount and type of materials to be excavated;

2. Duration of the excavation activity and reclamation activity;

3. The proposed method of excavation;

4. The amount of fill to remain on site; and

5. A statement from a New Mexico professional engineer indicating the type of material(s) to be excavated and their suitability for road and structural fill construction. 11.10.5.6. Access. Adequate and available access is required per Section 7.4 (Access and Easements) of the SLDC.

11.10.5.7. Visual Screening Measures. Visual screening, which shall include all phases, is required per Section 7.6 (Landscaping and Buffering) of the SLDC plus the following standards.

1. General. The view from all public roads, rivers, parks, open space and adjoining residential areas shall be screened.

2. Buildings. The design, scale, and location of all buildings shall reduce the visibility from off site.

3. Surrounding Vegetation. Any vegetation on site that can act as screening of the extraction area shall be preserved, including vegetation existing in the required setbacks.

4. For all proposed extraction areas of greater than 10 acres, the extraction shall be designed in phases in order to minimize the visual impact.

11.10.5.8. Lighting. All Sand and Gravel operations must comply with Section 7.8 (Lighting) of the SLDC.

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11.110.5.35.9. Signs. All sand and gravel operations must comply withWithinIn addition to the other applicable requirements of SSection 7.9, (Signs) of the SLDC, a sand and gravel operation shall have no more than but are limited to two (2) signs of four (4) square feet each.

11.110.55.42. Blasting Permit.

1. If a proposed operation intends to do anyA blasting, a blasting permit shallmust be obtained before any blasting can occur.

[1.] 1. A blasting plan must be included in an application for a blasting permit.

[2.] 2. The plan shall be created by a qualified blasting firm which is knowledgeable of State of New Mexico requirements and National Fire Protection Association (NFPA) 495.

[3.]

23. BBlasting shall may only be conducted only during the permitted hours of operation.

3. Blasting shall be conducted by a person who has been trained, examined, and certified by the Director of the Mining and Minerals Division of the Energy, Minerals and Natural Resources Department.

4. The blasting plan shall identify the maximum number of holes to be shot 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 establish reasonable noise and vibration estimates not exceeding the standards set in Table 11.2.

45. TThe Permitteeapplicant shall notify the AdministratorCounty and, upon request, the owners and lessees of adjoining properties of the proposed blasting no less than ten (10) working days prior to a blast, and shall provide the name of the qualified blasting firm and proof of insurance of no less than one million dollars ($1,000,000) dollars for each occurrence.

6. The County may hire a qualified blasting firm to review the applicant’s blasting plan at the expense of the applicant.

7. The operator shall require that any blasting be conducted by someone who has been trained and examined and who holds certification issued by the Director of the Mining and Minerals Division of the Energy, Minerals and Natural Resources Department.11.10.5.10. Parking and Loading. All Sand and Gravel operations must comply with Section 7.10 (Parking and Loading) of the SLDC.

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11.10.5.11. Hazardous Materials. Any fuel, explosives, or other hazardous materials stored on the site shall be contained within a lined impoundment structure designed by a registered New Mexico professional engineer.

11.10.5.12. Wildlife. Protection is required for critical environmental resources including wetlands, riparian areas, and important wildlife habitats.

1. Any modification of the terrain within a floodplain area shall be environmentally sound and not result in net loss of wildlife habitat. 2. All sand and gravel operations shall be limited to locations and times of year that ensure no significant negative impacts to federally listed endangered species.

3. No sand and gravel development shall interrupt a wildlife corridor.

11.10.5.13. Protection of Historic and Archaeological Resources. Any application for sand and gravel extraction shall submit an archaeological report conforming to the requirements of Section 7.16 (Protection of Historic and Archaeological Resources) of the SLDC.


1. Grading and Erosion/Sediment Control. In addition to the Terrain Management requirements of the SLDC, drainage and erosion control shall comply with the following:

a. Removal of Organic Materials. Fill areas shall be properly prepared by removing organic materials, such as vegetation and rubbish, and any other material which is detrimental to the proper compaction of the site or not otherwise conducive to the stability of the site.

b. Site Vegetation Removal and Revegetation. The removal of existing vegetation shall not occur more than 30 days prior to the commencement of grading; however, permanent revegetation shall be commenced as soon as practical after the completion of grading. Site specific native seed mixtures shall be used to revegetate all disturbed areas with the exception of lawn and landscaped areas if any. Mulching shall be used in order to assure vegetation growth.

c. Topsoil, Stripping, Stockpiling, and Redistribution. The existing topsoil shall be stripped and stockpiled on site for redistribution over the completed final grade.

d. Cut and Fill Slopes. Cut and fill slopes shall be graded to a slope no steeper than 2:1, or 50%, to allow for permanent revegetation or landscaping unless a retaining wall is used or a steeper slope is approved by the County. The County may require the submission of a detailed engineering report and analysis prepared by a professional engineer or landscape architect relative to the safety of such cuts and fills, if necessary considering soil type, soil stability, and any proposed structures.

2. Sediment and Erosion Control. Practices for sediment and erosion control shall be designed, constructed and maintained to mitigate further entry of sediment to streams, lakes, ponds, or any land outside the permit area. Where applicable, sediment and erosion control

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measures to prevent degradation of the environment shall be instituted and consist of utilization of proper reclamation methods and sediment control practices including, but not limited to:

a. grading material to reduce the rate and volume of run-off;


c. establishing temporary vegetation or mulch on short term erosion, sedimentation or windblown dust.


1. The requirements of Section 7.21 (Air Quality and Noise) of the SLDC shall be met; however, only a preliminary air quality report is required for submittal with the application. Once approved, a final air quality permit is required prior to commencement of any activity on the site.

2. Noise Study. A noise study showing the projected noise from the specific equipment to be used is required to be submitted with the application. Such noise study shall provide a baseline of three consecutive weekdays representative of non-excavation activities.

3. Fugitive Dust Control. Dust control is required for all active sand and gravel extraction operations.

a. The presence of dust at a sand and gravel operation is attributable to earth moving, soil or surface disturbance, construction or demolition; movement of motorized vehicles on any paved or unpaved roadway or surface, right-of-way, lot or parking area; and the tracking out or transport of bulk material (i.e., sand, gravel, soil, aggregate, or any other inorganic or organic material capable of creating fugitive dust related to extraction activities) onto any paved or unpaved roadway in Santa Fe County.

b. Fugitive dust consists of airborne particulate matter from a source, resulting in particulate matter emissions that can be detected by the human eye.

c. Dust control measures include but are not limited to the use of wet suppression through manual or mechanical application; the use of fabric fencing material or equivalent that shall be a minimum of 24 inches in height and anchored 6 inches below the surface on the bottom edge installed around the perimeter of the disturbed surface area; the use of dump truck tarps; and the use of chemical dust suppressant applied in amounts, frequency, and rates recommended by the manufacturer.

d. In no circumstances shall a sand and gravel operator continue extraction operations during a high wind event.

e. All sand and gravel operations shall incorporate an entry/exit apron, steel grates, or other equivalent devices capable of removing bulk material from the tires of vehicle traffic.

f. An applicant for a sand and gravel Conditional Use Permit shall submit a fugitive dust control plan as part of the application. The fugitive dust plan must detail the control measures the operator intends to use to reduce the quantity of visible fugitive dust, transported material,

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temporary cessation of activity during a high wind event and track-out leaving the property or area under the control of the operator. 11.10.5.17. Monitoring Report.

5. TThe Permitteeapplicant shall monitor all blasting and record all noise and vibration levels, and report this information in a monitoring report. The monitoring report shall be submitted to the Land Use Administrator within five (5) working days of the blasting occurrence

6. The Permitteeand shall comply with the following ground vibration and noise levelsstandards:

a1. gGround vibration shall not exceed 0.50 inches per second Peak Particle Velocity (PPV) at any property boundaryline, unless the adjoiningsuch property is owned by the operator and not leased to any other person.

b2. nNoise levels shall not exceed the values specified in Table 11-2 below:

Table 11-2 Maximum Allowable Noise Levels.

Lower frequency limit of measuring system, Hz + 3dB

Maximum level in dB

0.1 Hz or lower—flat response 134 peak



11.10.5.16. Blasting Plan. If a proposed operation intends to do any blasting, a blasting plan shall be submitted with the application and for any future blasting after the initial blast and a blasting permit must be obtained.

1. An application for a blasting permit must be included in the blasting plan.

2. The plan shall be created by a qualified blasting firm which is knowledgeable with State of New Mexico requirements and National Fire Protection Association (NFPA) 495.

3. Blasting may only be conducted during the hours of operation in Section 11.10.5.2 above.

4. The blasting plan shall identify the maximum number of holes to be shot 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 establish noise and vibration standards.

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5. The applicant shall notify the County of proposed blasting ten working days prior to a blast and shall provide the name of the qualified blasting firm and provide insurance of $1,000,000 for each occurrence.

6. The County may hire a qualified blasting firm to review the applicant’s blasting plan at the expense of the applicant (see Appendix A).

7. The operator shall require that any blasting be conducted by someone who has been trained and examined and who holds certification issued by the Director of the Mining and Minerals Division of the Energy, Minerals and Natural Resources Department or the Director’s designee. Comparable certification from another state is acceptable.

11.10.5.17. Monitoring Report. The applicant shall monitor all blasting and record all noise and vibration levels in a monitoring report. The monitoring report shall be submitted to the Land Use Administrator within five (5) working days of blasting and shall comply with the following ground vibration and noise levels:

1. Ground vibration shall not exceed 0.50 inches per second Peak Particle Velocity (PPV) at any property line, unless such property is owned by the operator and not leased to any other person.

2. Noise levels shall not exceed the values specified in Table 11-2 below:

Table 11-2 Maximum Allowable Noise Levels.


Maximum level in dB




11.10.5.5. Project description. The applicant shall provide a detailed statement describing the project including:

1. The amount and type of materials to be excavated;

2. Duration of the excavation activity and reclamation activity;

3. The proposed method of excavation;

4. The amount of fill to remain on site; and

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5. A statement from a New Mexico professional engineer indicating the type of material(s) to be excavated and their suitability for road and structural fill construction.

11.10.5.18. Sand and Gravel Operation Setbacks.

1. Sand and gravel operations shall be setback:

a. 500 feet from all property lines;

b. 500 feet from all public road rights-of-way, public recreational easements, and environmentally sensitive lands; and

c. One half mile from residential structures.

2. Vegetation within the setbacks from the property boundary shall be preserved and supplemented, as necessary, for mitigation of negative impacts. Existing native vegetation on the entire operation site shall be preserved to the maximum extent possible

11.10.5.19. Protection From Trespassing. The proposed use shall be fenced in accordance with the standards in Section 7.7. (Fences and walls) of the SLDC for health and safety protection.

11.10.5.20. Height. Any equipment used for sand and gravel extraction must meet the height standards for the zoning district in which it is located. Height shall be measured from existing grade prior to commencement of any grading activity on the site, and shall also conform to the height measurement requirements of Section 7.17.9.3 of the SLDC.

11.10.5.21. Activities in or Near Water Bodies.

1. Uncontrolled/Natural Watercourses. When working near uncontrolled, or naturally flowing, watercourses, the proposed operation

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shall be conducted in a manner that neither disturbs nor degrades fisheries and waterfowl habitat. This requirement shall apply to any water body, which shall include: naturally occurring rivers, streams, ponds, lakes, seasonal streams and seasonal lakes.

2. Minimum Buffer. A minimum 100 foot buffer of natural vegetation between the water’s edge and any sand and gravel operation is required.

3. No Negative Impact. No extraction is permitted that is deemed by the County to have a negative impact on any water body.

11.10.5.22. Solid Waste. All sand and gravel operations must comply with Section 7.20 (Solid Waste) of the SLDC.

11.10.5.23. Liquid Waste. All sand and gravel operations must comply with the wastewater requirements of Section 7.13 (Water Supply, Wastewater and Water Conservation) of the SLDC.

11.10.5.24. Phasing. All phases shall be clearly staked prior to commencement of any activity on the property. The applicant must GPS all stakes and make them digitally available to the County upon request in GIS format based on the standard Santa Fe County GIS spatial reference.

1. The maximum size of any phase of the development shall be ten acres.

2. Only one phase of the development shall be excavated at a time.

11.10.5.25. Reclamation Plan and Bonding. A reclamation plan shall be provided that is designed and certified by a New Mexico registered professional engineer or landscape architect, and meets the reclamation standards specified below in Section 10.3.25. The plan shall restrict extraction operations to areas of workable size so that no area is left inactive and unreclaimed for more than 60 days, unless approved by the DCI Permit. The plan shall specify any phasing of reclamation and estimate the cost of the entire reclamation project. A bond shall be posted to implement the reclamation plan at 125% of expected cost of the reclamation. The bond amount shall be reviewed annually, as part of the annual review of the DCI Permit, for the purpose of up-dating the bond amount in accordance with any changing costs of reclamation. The reclamation plan does not replace a landscape plan that may be required for any subsequent development of the gravel processing and extraction site.

11.10.5.26. Reclamation Standards. The reclamation plan shall comply with the following standards:

1. General. Reclamation shall restore land areas to a condition suitable for new land uses. Wildlife habitat shall be restored in a manner comparable or better, to the habitat conditions that existed prior to the gravel operation. In general, all slopes shall be graded to 3:1 or flatter to promote revegetation.

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2. Grading. Disturbed areas shall be re-graded to blend into and conform to the general natural form and contours of the adjacent areas. In general, all slopes (cut or fill) shall be graded to 3:1 or flatter. Such methods must be approved as part of the Reclamation Plan.

3. Revegetation of all disturbed areas is required. 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.

4. Mining operations shall be allowed to progress so long as the disturbed areas within previous phases have been reclaimed within 6 months after the commencement of the new phase; provided that, the County will consider extensions due to weather conditions and taking into account seasonal changes. Reclamation shall commence within 30 days of the commencement of a new phase of extraction.

5. Prior to Approval of Reclamation Study. In no case shall a location and time of excavation be approved that may have negative impacts on any state or federally designated endangered or threatened species, or critical habitat.

11.10.5.27. Existing Sand and Gravel Extraction Uses. Any sand and gravel extraction use existing prior to adoption of the Land Development Code (January 1, 1981) and having been in continuous operation, may continue operations and may expand up to 25% beyond the area currently and formerly mined on that parcel. Any sand and gravel extraction use approved by the County prior to the adoption of this Ordinance may continue operations in accordance with their final County approvals. Any new phase or further expansion proposed, but not previously approved, shall comply with this Ordinance.

11.10.5.28. Annual Operating Plan and Monitoring Report.

1. An annual operating plan and monitoring report, capable of audit, shall be prepared and submitted to the Land Use Administrator by January 31st each year. The report shall summarize the operations of the previous year including number of truck trips and sizes of trucks, the area mined, quantities mined in tonnage and cubic yards, the amount of area undergoing reclamation, and the success of reclamation including any violations issued and their outcome.

2. For the first three years, the report shall be reviewed at a public hearing with the Board of County Commissioners. After the third year, the Board may allow the report to be reviewed administratively by the Land Use Administrator and brought to the Board when the Land Use Administrator has determined a significant change in operations has occurred, or circumstances have changed warranting re-evaluation of the DCI permit.

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11.10.5.216. Blasting Permitlan. If a proposed operation intends to do any blasting, a blasting plan shall be submitted with the application and for any future blasting after the initial blast and a blasting permit must be obtained before any blasting can occur.

1. A blasting plan must be included in an application for a blasting permit must be included in the blasting plan.

2. The plan shall be created by a qualified blasting firm which is knowledgeable ofwith State of New Mexico requirements and National Fire Protection Association (NFPA) 495.

3. Blasting may only be conducted during the permitted hours of operation in Section 11.10.5.2 above.

4. The blasting plan shall identify the maximum number of holes to be shot 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 establish reasonable noise and vibration estimates not exceeding the standards set in Table 11.2.

5. The applicant shall notify the County and, upon request, the owners and lessees of adjoining properties of the proposed blasting no less than ten (10) working days prior to a blast, and shall provide the name of the qualified blasting firm and proofvide of insurance of no less than one million ($1,000,000) dollars for each occurrence.

6. The County may hire a qualified blasting firm to review the applicant’s blasting plan at the expense of the applicant. (see Appendix A).

7. The operator shall require that any blasting be conducted by someone who has been trained and examined and who holds certification issued by the Director of the Mining and Minerals Division of the Energy, Minerals and Natural Resources Department. or the Director’s designee. Comparable certification from another state is acceptable.

11.121. REGULATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS LARGE-SCALE FEEDLOTS AND FACTORY FARMS. Reserved.

11.132. REGULATIONS FOR OIL AND GAS DRILLING AND PRODUCTION. See County Ordinance No. 2008-19.

11.14 REGULATIONS FOR MINERAL RESOURCE EXTRACTION AND PROCESSING.

11.14.1. Purpose; Intent. This Section establishes operational, location, and general regulations and standards forspecific to Mineral Resource Exploration and Extraction and Processing. , in addition to Sections 11.1 through 11.7, in order toThe purposes of Section 11.14 are as follows:

11.14.1.1. To protect the health, safety and welfare of the citizens of the County, including their quality of life, economy, cultural heritage, history and traditions,

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infrastructure and natural resources, including air, water, wildlife and scenic beauty;

11.14.1.2. To protect the citizens and environment of the County from harmful, hazardous, and toxic effects and nuisances resulting from Mineral Resource Exploration and Extraction and Processing, including the degradation of air quality, surface and ground watergroundwater quality and quantity, visual quality, soil erosion and land subsidence, noise and vibration, fire and explosion hazards, traffic, road impact safety and deterioration, and other potential effects;

11.14.1.3. To protect wildlife, wildlife corridors, wildlife habitat, and native biological diversity;

11.14.1.4. To protect the scenic quality of the County, which is critically important to its economy, from the potentially adverse effects of Mineral Resource Exploration and Extraction and Processing; and

11.14.1.5. To assure that public roads and utilities required for Mineral Resource Exploration and Extraction and Processing are adequately funded, built, improved, and maintained;

11.14.1.6. To assure that Mineral Resource Exploration and Extraction and Processing are compatible with other uses in the County, including traditional patterns of land use and development, recreational uses, and existing or planned urban or metropolitan areas;

11.14.1.7. To assure that the remediation and reclamation and closure of areas used or affected by Mineral Resource Exploration and Extraction and Processing complies with the requirements and standards of the SLDC and this Chapter;

11.14.1.8. To assure that sufficient Financial Assurance is provided to cover all potential costs of impacts associated with Mineral Resource Exploration and Extraction and Processing, remediation, and reclamation, and to protect the County’s taxpayers from bearing any cost related to mineral resource extraction and processing;

11.14.1.9. To provide the Applicants with notice of the process and issues that affect the County’s review and decisionmaking regarding proposals to conduct Mineral Resource Exploration and Extraction and Processing; and

11.14.1.10. To provide for a fair and efficient system for the regulation of Mineral Resource Exploration and Extraction and Processing.

11.14.2. Applicability; Exploration Permits. Subject to Section 11.5.13, This Section 11.14 applies to all Mineral Resource Exploration and Extraction and Processing in the County.

11.14.2.1. In the event of a conflict between any provision of Section 11.14 and any other provision of the SLDC, the more stringent provision shall apply. For

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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 non-DCI CUP in accordance with Section 11.3.1.2. All requirements of this Chapter shall apply to Mineral Resource Exploration and Extraction and Processing except when this Section establishes a more stringent requirement, in which case the more stringent requirement shall be applicable.

11.14.2.2. Mineral Resource Extraction and Processing on state or federal land shall be subject to this Chapter except to the extent prohibited by law. The Applicant bears the burden to demonstrate that a provision of this Chapter is prohibited, provided that such provision shall be construed and applied to avoid such effect.

11.14.2.2. A No person may not engage in Mineral Resource Exploration, Extraction, Processing Exploration shall be conducted prior to the establishment of without first obtaining the Board’s approval of a DCI Overlay Zoning District pursuant to Section 11.5, subject to Section 11.3.1.2 regarding federal lands. , including an exploration permit. 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 if the Applicant demonstrates compliance with that the proposed Exploration meets the provisions, standards and criteria of Sections 11.5, 11.8, 11.14.3 and 11.14.6 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. , to the extent applicable. The Administrator may recommend, and the Board may impose reasonable conditions on an exploration permits.

11.14.2.3. 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.

11.14.3. Design Criteria. A DCI Conditional Use PermitCUP for Mineral Extraction and Processing shall not be issued unless the Applicant demonstrates compliance with these the following design criteria:

11.14.3.1. Reclamation in accordance with a proposed reclamation plan shall be economically and technically feasible and will not require perpetual care.

11.14.3.2. Mineral Resource Extraction and Processing shall not cause or contribute to the contamination or depletion of any a water resources., in perpetuity;

11.14.3.3. All facilities shall be designed to withstand, at a minimum, the peak flow of a one thousand (1,000) year twenty-four (24) hour storm event with a

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twenty-five percent (25%) safety factor based on National Oceanic and Atmospheric Administration (NOAA) data for the area within the DCI Zone Overlay Zoning District.;

11.14.3.4. All aspects of Mineral Resource Extraction and ProcessingThe mining operation shall be designed with water conservation as a primary concern.;

11.14.3.4. Active or continuous treatment of water, air, or soil shall not be used for any purpose including to address any noncompliance with a standard, requirement, or criterion of the SLDC or this Chapter;

11.14.3.5. The design shall assure that environmental standards imposed under the SLDC and applicable law are not exceeded in air, water, or soil; and if such standards are exceeded in any medium, the Permit shall be in non-compliance notwithstanding the Permittee’s compliance with the control measures imposed in the DCI CUP; Compliance with any control measure to protect air, water, or soil, including any standard, requirement, or criterion of the SLDC or this Chapter, shall not be used to demonstrate compliance with these design criteria; and

11.14.3.6. All designs, including any alterations to designs, shall be certified by a Professional Engineer.

11.14.4. Application Requirements. In addition to the requirements of Section 11.8, to the general requirements for a DCI Conditional Use Permits, an CUP application for Mineral Resource Extraction and Processing shall containinclude the following:

11.14.4.1. Applicant. The name, mailing address and telephone number of the Applicant;

11.14.4.21. Surface and Mineral Estates; Existing Land Uses. A map showing surface and mineral ownership and existing land uses of the Mineral Resource Extraction and Processing and the land inwithin the DCI Overlay Zoninge District, including the name, mailing address, and telephone number of each owner. of each surface and mineral estate as shown by the most recent county assessor’s property tax schedule;

11.14.4.32. Right of Entry. Proof of the aApplicant’s right to enter onto and conduct Mineral Resource Extraction and Processing in the conduct the proposed mining operations within the DCI Overlay Zoninge District;.

11.14.4.3. State and Federal Permits and Related Materials. All relevant state and federal permits, including permits related to environmental protection, reclamation, and the protection of 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.

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Bruce Frederick, 07/22/19,

I think this is covered by perpetual care prohibition.

11.14.4.4. Historic Land UseSoil Classification Report. A description of the present and historic land use in or within five (5) miles of the property boundaries of the DCI Overlay Zone DistrictIf onsite top soil is required to implement the reclamation plan, a Soil Classification Report shall describe the soils within the DCI Overlay Zoning District , including any existing or previous Mineral Resource Extraction and Processing, the land use in the area adjacent to the DCI Overlay Zone District and the area of proposed Mineral Resource Extraction and Processing, and the land capability, productivity and soils based on classifications published by the U.S. Soil Conservation Service.

11.14.4.5. Project Description. A complete description of the proposed mining operation, including:

1. a narrative description of the type and mineralization of ore body; the types and methods of proposed Mmineral Eextraction, stockpiling, and pProcessing;, including thethe required mine units, facilities and infrastructure; the mining, stockpiling, processing, and engineering techniques; , the target commoditiesminerals; the total number of tons to be extracted; the total of tons to be stockpiled, stored, or impounded in each mine unit; the total number of acres of land that will be disturbed; and a breakdown of the disturbed acreage by type of disturbance, including each mine unit, road network, infrastructure, structure, etc.; and any other description necessary for a complete understanding of the proposed mining operation. to be produced, and other minerals that may be incidentally extracted, processed, or exposed;

2. a description of any abandoned or existing mines within five (5) miles of the property boundaries of the DCI Overlay Zone District;

2. a map or maps of the DCI Overlay Zoning District or mine permit area, as applicable, at a scale approved by the Administrator that complies with the requirements of Section 11.5.8, which shall identify the mining sequence and accurately show the location of all mine units, structures, and other facilities, including but not limited to:;

4. a description, map, and schedule of construction and operation, including the location and number of acres of land involved, for all facilities, including but not limited to:

a. leach pads;

b. ore stockpiles, including leach stockpiles;

c. waste rock piles and dumps;

d. impoundments, ;

e. ponds;

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Bruce Frederick, 07/13/19,

How historic? Why do we want this? Is it different than traditional, cultural, or archeologic information?

f. diversions;

g. disposal systems;

h. pits;

i. tailings disposal facilitiesimpoundments;

j. mills and other processing facilities;

k. water treatment facilities;

j. air emission equipment;

l. storage areas;

m. borrow pits, topsoil, and topdressings storage;

n. staging areas; and

o. all other major facilities or structures;.

3. reports and maps describing all of the environmental protection and mitigation measures to be implemented at the mine site, including the monitoring well network, terrain and stormwater management, impoundment and stockpile liners, leak detection systems and secondary containment, hazardous materials and waste management plan, air quality protection plan, nuisance and noise abatement plan, fire safety plan; and

4. a description of any abandoned or existing mines within five (5) miles of the DCI Overlay Zone District, including a map showing the location and type of pits, stockpiles, adits, shafts, processing facilities, and other mine facilities and works.

11.14.4.6. Sampling and Analysis Plan and Baseline DataConditions 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 comply with Section 11.14. 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

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comply with all of the requirements of Section 11.14, 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). The SAP shall be designed to collect data and information related to the following items, which shall be compiled and analyzed in the BCR: A baseline data report describing the existing environment of the DCI Overlay Zoning District as specified below. The data shall be collected over a period of not less than twelve (12) consecutive months as applicable. Prior to collecting a category of baseline data, the applicant shall submit SAPs described in Section 11.7.2.2. The report shall include the following:

1. the climatological factors, including precipitation, prevailing winds, temperature, and current NOAA data defining the one thousand (1,000) year, 24-hour storm event forwithin the DCI Overlay Zoning District;

2. a topographic map showing the boundaries of, location of all structures within one-half (1/2) mile of the , and all man-made features, at a scale of 1-inch equals 2000 feet (1:24,000) or as approved by the Administrator, and in paper and GIS formats following the requirements of Section 11.5.78;

3. a description and map showing existing vegetation types, including cover, density, and productivity within the DCI Overlay Zoning District; , and, if the vegetation on site has been adversely impacted by previous activities, a description and map based on information from adjacent areas;

4. a description and map showing existing wildlife wildlifeand habit for endangered/threatened/sensitive species of concern under state or federal law, including types, communities, and populations, and, if such corridors or habitat the wildlife on sitewithin the DCI Overlay Zoning District has been adversely impacted by existing or historical previous activitiesdevelop, a description and map based on information from adjacent areasidentifying and describing such past impacts;

5. a description and map identifying and describing habitat state and federally listed sensitive, threatened or endangered plant species on the site and immediately adjacent propertieswithin the DCI Overlay Zoning District;

6. state and federally listed sensitive, threatened or endangered wildlife species on the site and immediately adjacent properties;

76. a description and map showing cultural and archaeological sites and traditional cultural properties, including sites on or eligible for listing on the National Register of Historic Places or the State Register of Cultural Properties;, including a statement describing the Applicant’s consultation with potentially affected tribes;

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7. a description and map of the topsoil to be used for reclamation, including its physical and chemical characteristics, suitability for reclamation, and depth and characteristics of A, B, and C horizons, if applicable;

8. the geology and mineralogy of each ore body and surrounding rock, including cross-sections of overburden, mineralized zones, and ore bodies; and

9. surface water and ground water within the DCI Overlay Zoning District:

a. a description and maps showing the location and physical parameters of watersheds and surface water featuress, including rivers, streams, lakes, reservoirs, springs, watercourses, and riparian and wetland areas, classified as perennial, ephemeral, or intermittent, surface water flows and sources of flow, and seasonable variations in flow;

b. a description, and maps, and cross sections describing and characterizing the aquifers, aquifer parameters, water table elevation, showing groundwater flow, groundwater chemistry, interconnection with surface flows, amount of baseline contribution onsite, seasonable variations, and existing uses of each aquifer; the location and physical parameters of ground water, including depth, total dissolved solids, water chemistry, flows, gradients, transmissivity and storage capacity;

c. a description and map showing the location and physical parameters of man-made water diversion, storage, and conveyance features, including dams, acequias, ditches, irrigation canalshead gates, sumps, and drains;

d. a description and map showing all wells and surface water diversions located within two (2) miles of the property boundaries of the DCI Overlay Zoning District and the owners of the corresponding water rights;

e. a description and map showing the surface and bedrock geology with cross sections clearly illustrating the lithologicgeologic units and stratigraphy, structures, faults, fractures, and mineralized zones; and

f. a description, maps, and cross sections, as appropriate, describing and characterizing all existing manmade sources of pollution and any existing pollution, including: legacy mining features such as pits, shafts, adits, stockpiles, tailings, and dumps, including their geochemistry, potential to generate acid mine drainage or discharge or otherwise emit toxic contaminants; the nature and extent of any existing soil

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contamination; and the nature and extent of existing groundwater contamination, and water table, including whether a unit, structure, fault, fracture, or zone is water bearing, and the amount of water, variation in amount during the sampling period, flow, gradient, transmissivity, storage capacity, and collection area therein; and

f. a description and map showing the ownership of water rights in surface and ground water in the DCI Overlay Zoning District.

11.14.4.7. Contaminated Baseline and Legacy UsesExisting Pollution and Sources of Pollution. In the event that baseline conditions do not meet the standards of this Chapter and the SLDC, the Applicant shall submit a plan to remediate those conditions to acceptable levels prior to or concurrent with the commencement of Mineral Resource Extraction and Processing, provided however that the Board may exempt such remediation from the active treatment clause in Section 11.14.3.5.

In the event that the DCI Overlay Zoning District contains a legacy mine or historic mining site, the Applicant shall submit a plan to reclaim the site on a phased schedule. 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.

11.14.4.89. Environmental Impact Report. In addition to the requirements of Section 11.7.1.9.1, 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

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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.

11.14.4.9. Environmental Impact Report. In addition to the requirements of Section 11.7.1.8, the Applicant shall submit additional information describing the environmental conditions expected to occur during and after Mineral Resource Extraction and Processing, including construction, operation, reclamation, post-reclamation, and conditions during and after a one thousand (1,000) year storm event based on NOAA data for the area within the DCI Overlay Zoning District, using geological, meteorological, hydrological, geochemical, and mineralogical modeling for each baseline described in Section 11.14.4.7, including:

1. the characteristics of each material to be extracted, processed, stored, deposited, exposed, or disposed, including waste rock, raw and spent ore, tailings, pits, walls, and underground workings;

2. the potential and nature of geochemical alteration of each material to be extracted, processed, stored, deposited, exposed, or disposed that could result in the leaching, acid generation, emission, or release of an air or water contaminant;

3. the nature and extent of sulfide mineralization, potential for acid generation, and any other geochemical alteration related to each material to be extracted, processed, stored, deposited, exposed, or disposed; and

4. the hydrologic effect, including any geochemical alteration, sulfide mineralization, and acid generation, related to construction, operation, reclamation, and post-reclamation, as demonstrated by cross sections and 3D models showing the location of pads, stockpiles, ponds, pits, walls, and underground workings, and other related features, potential fracturing in the geologic subsurface and their relation to the water table, hydrology, and mineralization.

11.14.4.9. Stormwater Management Plan. A Stormwater Management Plan shall be included in the Application that complies with state and federal law. description of the proposed method for the management and disposal of The Plan shall demonstrate how stormwater runoff from disturbed and undisturbed ground twill be managed to, among other things, prevent clean water from entering any areas containing a materials that haves been extracted, processed, stored, deposited, exposed, or disposed of, and that captures and contains any contaminated stormwater. that contacts a material that has been extracted, processed, stored, deposited, exposed, or disposed.

11.14.4.10. SedimentErosion Management Plan. An Erosion Management Plan shall be included in the Application describing ption of the proposed methods for reduction and of controlling of sediment transport. This Plan may be combined with the Stormwater Management Plan.

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

11.14.4.12. Solid Waste Management Plan. A Solid Waste Management Plan shall be included in the Application describing description of tthe proposed methods for managing ement and disposingal 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.

11.14.4.13. Extraction and Processing. A description and maps showing the proposed mining, stockpiling, and mineral processing methods and locations of all existing and proposed mine units and other facilities, , milling method, disposal of waste rock and tailings, and existing and proposed facilities, including:

1. open pits and underground mining facilities, including location, depth, size, acreage, and geology;

2. material handling and processing facilities, including crushing, milling, concentrating, smelting and solvent extraction and electrowinning;

3. ancillary facilities, including sumps, tanks, pipelines, transportation, and offices. The description shall include the location, purpose, construction material, and dimensions and capacity;

4. storage and disposal facilities, including tailing, process water, and stormwater impoundments, drainage channels, leach pads, waste rock stockpiles, and slag and residue piles. The description shall include the location, purpose, liner material, and storage or disposal capacity; and

5. process and domestic water, including the location, construction method and material, dimension and capacity of wells, meters and pipes.

6. A mass balance table describing the quantity of each type of material mined or disturbed each year, including but not limited to soil, overburden, barren waste (less than 0.1% sulfur), waste, ore, tailings, and quantities of material disturbed for roads and site grading into and out of stockpiles.

11.14.4.14. 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 ground watergroundwater in perpetuityabove applicable standards, signed and sealed by a Professional Engineer, taking into consideration the

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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 Section 11.14.6.7. for all mine units that have the potential to discharge contaminants into groundwater and contaminate it above applicable standards.

11.14.4.15. Operating Plan. A plan describing the procedures for operating the facilities for Mineral Resources Extraction and Processing, including:

1. a schedule of anticipated periods of temporary cessation, including holidays or anticipated regular maintenance;

2. notification of appropriate regulatory authorities of temporary cessations, both scheduled and unscheduled;

3. a description of processes for containing leachate and runoff from materials that have been extracted, processed, stored, deposited, exposed, or disposed;

4. a description of processes and protocols for managing all fluids in the operation, including routine inspections of each facility;

5. a protocol for managing the facilities and fluids during emergencies and non-routine operations, temporary cessation, and closing, including:

a. emergency by-pass and containment procedures for each facility, including treatment facilities damaged or unable to keep up with demand;

b. procedures to cease operations during emergencies and non-routine operations;

c. labor requirements, including management and security, to cease operations and manage facilities during emergency and non-routine operations;

d. identification of potential hazards, including the generation and release of Hazardous Materials, during emergency and non-routine operations

e. monitoring plan to identify and characterize Hazardous Materials generated or released during emergency and non-routine operations;

f. pump energy usage;

g. estimated cost to cease operations and manage facilities during emergencies or non-routine operations;

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h. Health and Safety Plan complying with Mine Safety and Health Administration requirements; and

i. procedures to stabilize facilities and return to regular operations.

11.14.4.16. 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.

11.14.4.17. Monitoring Plan. In addition to the requirements of Section 11.8.11, the Applicant shall submit a Monitoring Plan, including Quality Assurance/Quality Control (“QA/QC”) procedures, describing the collection and evaluation of data to ensure compliance with the standards of this Chapter and the SLDC, including:

1. representative samples of each material extracted, processed, stored, deposited, exposed, or disposed;

2. representative samples of ground and surface water, including each point of potential contact with a material that could leach, generate, or release a water contaminant;

3. hydrological tests to evaluate changes in flow, gradient, and water table; and

4. monitoring of operations to detect leaks and ensure proper function of facilities.

11.14.4.18. 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.

11.14.4.19. Closure and Post-Closure Plans. The Applicant shall submit Closure and Post-Closure Plans, and shall update the plans annually. The plans shall be certified by a Professional Engineer approved by the Administrator. Following closure, a Professional Engineer shall prepare a final report describing the actions taken by the Permittee, the results of closure and post-closure monitoring, and a certification that the DCI Overlay Zoning District will comply with all applicable standards in perpetuity. The plans shall demonstrate compliance with the following standards:

1. Removal. Except as otherwise provided in the DCI CUP approval order, Aall buildings, structures, infrastructure, and facilities not required to ensure compliance with the standards and requirements of the SLDC,

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this Chapter, and the DCI Conditional Use Permitfor reclamation and environmental protection shall be removed.

2. Secondary Containment Systems. Liner systems that are not required for reclamation, closure, and environmental protection shall be tested for any potentially contaminating materials, remediated to comply with Section 11.14.3, and removed.

3. Leach (Spent Ore and Lean Ore) Facilities. Materials in leach facilities shall be detoxified using rinse/rest cycles and chemical oxidation. Following detoxification, leach facilities shall be closed by covering the materials as specified in Section 11.14.9.4, ponds associated with a heap-leach facility shall be closed by folding in the synthetic liners and filling and contouring the pits with inert material, residual sludge, spent ore, and lean ore shall be removed and disposed in an approved facility, and piping shall be removed.

4. Cover Systems. Cover systems shall be installed on waste rock piles, leach and spent ore facilities, tailing impoundments, and any other unit that has the potential to yield a contaminant, which is capable of containing the contaminant in perpetuity:

a. the cover system shall be constructed of thirty-six (36) inches of earthen materials that are capable of sustaining plant growth without perpetual care and have erosion resistant characteristics. The pile shall be shaped to be geomorphologically stableminimize erosion maintain slope and vegetation stability. Erosion rates shall be equal to or less than stable slopes in the surrounding area after the vegetation has reached near-equilibrium cover levels;

b. the cover system shall have the capacity to store within the fine fraction at least ninety-five (95) percent of the long-term average winter precipitation (December, January and February) or at least thirty-five (35) percent of the long-term average summer precipitation (July, August and September), whichever is greater. The water holding capacity shall be determined by multiplying the thickness of the cover by the incremental water holding capacity of the fine fraction of the cover. The incremental water holding capacity of the fine fraction of the cover shall be determined by field or laboratory tests or published estimates;

c. these design criteria may be modified only upon a demonstration that an alternate cover system, including a composite or layered cover incorporating a liner, will provide an equal or greater level of protection for surface and ground watergroundwater standards; and

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d. the cover system shall include monitoring and reporting for surface and ground watergroundwater under and adjacent to the unit.

11.14.4.20. Reclamation.

1. a detailed description of the proposed post-mining land use within the DCI Overlay Zoning District, including the written approval of each surface owner for the proposed use;

2. a plan and cost estimate certified by a Professional Engineer with expertise in reclamation and approved by the Administrator, to reclaim the DCI Overlay Zoning District, including:

a. a description of the methods to be used;

b. a description and map showing the schedule and acres to be reclaimed;

c. a topographic map of the anticipated surface configuration after the completion of reclamation including cross sections on one hundred (100) foot centers showing the existing ground and the proposed reclaimed surface;

d. a description of the potential for the generation of water contaminants after reclamation and how contaminants will be eliminated;

e. a description of the measures for siting, designing, constructing, and managing facilities to ensure the success of reclamation;

f. a mass balance table showing for each phase and year of operation, the quantity of topsoil salvaged and replaced, quantity of topsoil estimated to remain, the quantity of ore mined, and quantity of waste generated and placed in each storage facility; and

g. a plan for salvaging and storing topsoil for use in reclamation.

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

11.14.5. 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.

11.14.6. Performance Standards and Conditions. The following performance standards shall apply to both operation and closure of a Mineral Resource Extraction and Processing operation to the extent applicable:

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11.14.6.1. Hours of Operation. Hours of operation are limited to the period between sunrise or 7:00 a.m. whichever is latest, and sunset or 6:00 p.m., whichever is earliest, Monday through Saturday unless the Administrator recommends, and the Board determines that other hours of operation are more appropriate to meet the standards of this chapter and the SLDC.

11.14.6.2. Setbacks. Mineral Resource Extraction and Processing, and all related equipment, structures, and facilities:

1. shall be no closer than three hundred (300) feet to the boundaries of the DCI Overlay Zoning District and five hundred (500) feet from all public road rights-of-way, public recreational easements, and one hundred (100) year flood zones;

2. shall be no closer than one thousand (1,000) feet to the seasonal high water mark of any water body or seasonal watercourse, including a minimum one hundred (100) foot buffer zone of natural vegetation measured from the annual high water mark of a surface water, including a perennial, ephemeral, and intermittent body; and

3. shall be no closer than one half (1/2) mile to any Traditional Community Zoning District, Planned Development District Zoning District, or single-or multi-family dwelling, park, recreational use, or institutional structure, including churches, public buildings, and schools not within the DCI Overlay Zoning District.

11.14.6.3. Compliance with Design Criteria. Mineral Resource Extraction and Processing shall comply with Section 11.14.3 during all phases of construction, operation, closure, post-closure, and reclamation.

11.14.6.4. Hazardous Materials. All facilities containing a Hazardous Material, including ponds tanks, pits, and piles, shall be covered and fenced to prevent contact with wildlife. The handling, storage, use, and disposal of Hazardous Materials shall conform to the highest standards of care, industry best practices, and applicable law.

11.14.6.5. Reclamation, Remediation, and Containment Associated with of Contaminated Prior Mining or Other Baseline and LegacyPrior Uses. In Applicant shall submit a plan to reclaim, remediate, reuse, stabilize, and/or contain any existing pollution or sources of pollution above applicable standards identified the event that baseline conditions do not meet the standards of this Chapter and the SLDC or if any part of the DCI Overlay Zoning District contain a legacy mine or historic mining site, the Permittee shall comply with the plan approved by the Boardunder Section 11.14.4.8.

11.14.6.6. Terrain Management. Mineral Resource Extraction and Processing shall comply with the following standards:

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1. open pits shall be backfilled unless the Administrator recommends and the Board determines that another method of open pit closure will be more effective to comply with Section 11.14.3;

2. surface water run-on and run-off from undisturbed areas shall be controlled to prevent contact with and contamination by disturbed areas and process and waste materials;

3. surface water run-on and run-off from disturbed areas and process and waste materials off shall be controlled to prevent contact with undisturbed areas using the most effective techniques identified in the best available science; and

4. land surfaces in the DCI Overlay Zoning District shall be managed to minimize erosion, including the construction of sedimentation ponds; and

5. all reclaimed landforms shall be geomorphologically stable and blend into the surrounding terrain.

11.14.6.7. Facilities for Storage, Processing, and Disposal of Ore, Spent Ore, Waste Rock, Tailings, and Other Geological Materials. Facilities for the storage, processing, and disposal of ore, spent ore, waste rock, tailings, and other geological materials that have the potential to generate water contamination, except for clean soil stored for the purpose of reclamation, shall be designed, constructed and managed by a Professional Engineer with expertise in liner systems and approved by the Administrator, and shall comply with Section 11.14.3 and the following guidelines, unless the Board determines that the guidelines should be modified to ensure compliance with Section 11.14.3:

1. a process solution collection system designed to: (1) be removed after the operational life of the facility; (2) integrate with an overliner protection structure that protects the primary liner from damage during loading and minimizes the potential for penetration of the primary liner; (3) transmits fluids out of the drainage layer of the facility; and (4) maintains a hydraulic head less than the thickness of the drainage layer, provided that the drainage layer shall not exceed five (5) feet in thickness. Any penetration of the primary liner by the collection system through which a pipe or other fixture protrudes shall be constructed in accordance with the liner manufacturer’s requirements, and shall be disclosed in the construction plans and as-built drawings;

2. a primary liner consisting of a continuous flexible-membrane of suitable synthetic material or other impermeable substance that provides the same or greater level of containment, including permeability, as a sixty (60) millimeter HDPE geomembrane liner system. The liner system’s tensile strength, tear and puncture resistance and resistance to degradation by ultraviolet light shall be compatible with the maximum expected design loads, exposures

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and conditions. The design of the liner shall be based on the following factors:

a. type, slope and stability of the foundation;

b. overliner protection and provisions for hydraulic relief within the liner system;

c. load, and the means of applying the load on the liner system;

d. the compatibility of the liner material with any process solution to which it may be exposed; and

e. the liner’s ability to remain functional in perpetuity;

3. a liner system sub-base placed upon a stable foundation. The prepared sub-base shall consist of a minimum of twelve (12) inches of soil that has a minimum re-compacted in-place coefficient of permeability of 1x10-7 cm/sec. The top surface of the sub-base shall be smooth and free of sharp rocks or any other material that could penetrate the overlying synthetic liner;

4. an electronic grid leak detection system installed between the primary and secondary liners for the purpose of detecting the loss of process solution;

5. a pump back system installed between the primary and secondary liners for the purpose of keeping the secondary liner dry in the event of a leak. Pumped fluids shall be managed in a manner that is protective of human health and the environment and that satisfies Section 11.14.3 (Design Criteria);

6. tailings shall be dry stacked unless the Administrator recommends, and the Board determines that another method is more effective to ensure compliance with Section 11.14.3;

7. a stockpile and its foundation shall be designed with a minimum static factor of safety of 1.5 and seismic factor of safety of 1.1; and

8. if a leak is discovered in the liner system, the Permittee shall cease operations notify the Administrator, remove the material from the liner, and repair the leak. The Permittee shall not recommence operations until a Professional Engineer certifies that the leak has been identified and repaired, and the release, if any, has been remediated, and the Administrator concurs after review of the certification.

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Figure 11.1 Liner System Example. The following figure provides a graphic illustration of a potential liner system based on the standards described above.

11.14.6.8. Maintenance of Highwalls. Highwalls shall not be allowed unless the Administrator recommends, and the Board determines that highwalls are the most effective method to ensure compliance with Sections 11.14.3 and 11.14.4.20Chapter 11.

11.14.6.9. Monitoring Plan. The Applicant shall retain a Professional Engineer or other qualified professional with expertise in site monitoring and approved by the Administrator to implement the Monitoring Plan. The Administrator shall specify the frequency of data collection and reporting for each element of the plan, including a procedure for emergency notification if contamination is detected.

11.14.6.10. Blasting.

1. all blasting shall comply with the approved blasting plan;

2. blasting shall be conducted only during specified hours;

3. the Permittee shall provide the Administrator and all residents within five (5) miles of the property boundaries of the DCI Overlay Zoning District with the name of the blasting firm, or the blasting manager for the Permittee, and the blasting schedule;

4. the blasting shall be conducted by a person trained, examined, and certified by the Director of the Mining and Minerals Division of the Energy, Minerals and Natural Resources Department;

5. the Permittee shall submit a pre-blast survey to the Administrator no less than five (5) working days prior to a blasting event;

6. the blasting firm, or the Permittee, if applicable, shall have liability insurance of no less than five million dollars ($5,000,000) for each blasting event;

7. the Permittee shall monitor each blasting event, record the noise and vibration levels, and report this information to the Administrator no later than five (5) working days after the blasting event;

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8. ground vibration during a blasting event shall not exceed 0.50 inches per second Peak Particle Velocity at any boundary of the DCI Overlay Zoning District, unless the adjoining property is owned by the Permittee and not leased to or occupied by another person; and

9. the noise level during a blasting event shall not exceed the following values:

Table 11-2. Maximum Allowable Noise Levels.


Maximum level in dB

0.1 Hz or lower—flat response 134 peak2.0 Hz or lower—flat response 133 peak6.0 Hz or lower—flat response 129 peak

11.14.6.11. Additional Conditions.

1. the Administrator may take any action that she deems necessary, in her discretion, including the cessation of Mineral Resource Extraction and Processing, imposing further conditions or requirements, or suspending or revoking the DCI Conditional Use Permit, if, based on the available information, she determines that the operation has caused or is causing water contamination or failed or is failing to comply with the SLDC, this Chapter, the Permit, or any law, regulation, or ordinance; and

2. if the Board determines that baseline conditions do not meet the standards and requirements of this Chapter and the SLDC, the Board shall require the Permittee to remediate those conditions to the condition existing before anthropogenic activity prior to commencement of the Mineral Resource Extraction and Processing, provided however that the reclamation of a legacy mines and historic mining site may be conducted concurrent with the commencement of the Mineral Resource Extraction and Processing on the schedule specified in the DCI Conditional Use Permit.

11.14.7. Financial GuaranteeAssurance. The County shall require the Applicant, prior to issuance of the DCI Conditional Use PermitCUP, to provide Financial GuaranteesAssurance in an amount and manner that complies with and fulfills the intent of the SLDC and this Chapter, includingin accordance with Section 11.5.6.7, and the following provisions. The Administrator shall determine the amount and manner of Financial GuaranteeGuaranty under this section by conducting the appropriate study, and any additional investigation, and shall conduct an annual review, and may change the manner or amount of the Financial GuaranteeGuarantys. The Applicant, or Permittee if applicable, shall pay the cost of any such study and investigation, including the cost for the annual review. If the Permittee fails to maintain the Financial GuaranteeGuarantys required by the County, the DCI Conditional Use PermitCUP shall be automatically suspended until the deficiency has been cured. The Administrator shall issue an annual

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report describing the status of the Financial GuaranteeGuarantiess, including the claims filed and distributions made.

11.14.7.1 Performance Financial GuaranteeGuaranty. Subject to Section 11.5.6.7, Tthe Applicant shall post an irrevocable Financial GuaranteeGuaranty in an amount determined by the Administrator, but no less than one hundred twenty- five (125) percent (125%) of the cost to managereclaim and close the facilitymine site, conduct monitoring and operate and maintain all required environmental protection systems during operation and for one hundred (100) years after closure, to remediate any contamination, damage, and impacts arising from or related to Mineral Resource Extraction and Processing, and to remediate baseline conditions and reclaim legacy mines or historic mine sites contamination to the extent required in the DCI CUP approval order. The Financial GuaranteeGuaranty shall include the cost associated with hiring one or more local contractors to conduct remediation, reclamation, and closure. The Administrator may consider historical evidence in determining the required amount of the Financial GuaranteeGuaranty.

11.14.7.2. Cash Deposit to Trust for Roadway Damage Compensation. The Applicant shall fund an irrevocable road damage trust in an amount determined by the Administrator equal to or greater than the cost to construct, improve, expand, and maintain all publicCounty roads affected by the Mineral Resource Extraction and Processing. The County shall be the sole beneficiary of the trust, and shall name the trust administrator who shall receive the initial deposit.

11.14.8. Closure. The closure of the Mining Resource Extraction and Processing shall comply with the approved Closure Plan.

11.14.9. Reclamation. Reclamation shall begin as soon as practicable after the commencement of mineral resource extraction and processing, and shall continue concurrently with such operation until reclamation is completed. Reclamation of a phase shall begin prior to the initiation of a subsequent phase.

11.14.10. Temporary Cessation. The Permittee shall comply with this section if it temporarily ceases the Mineral Resource Extraction and Processing for an unplanned period greater than five (5) calendar days, provided that the Permittee shall comply with Section 11.14.11 if the Administrator determines that the Permittee does not intend to continue the operation within a reasonable period of time.

11.14.10.1. The Permittee shall meet the following standards in the event of temporary cessation:

1. no later than twenty-four (24) hours after the cessation, the Permittee shall notify the Administrator in writing, including the reason for cessation, estimated duration of cessation, and actions taken to comply with the standards of this section. The Permittee shall post the notice at the main entrance to the operation, and shall mail the notice by certified mail to all residents, land owners and lessees, owners and lessees of non-residential structures, and Registered Organizations and Community Organizations that are registered for notification of applications for DCI

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Overlay Zoning Districts or DCIs under sections 2.2.2 and 2.2.3 of the SLDC, that are located within one (1) mile of the property boundaries of the DCI Overlay Zoning District;

2. maintain all structures and facilities;

3. comply with all conditions of the DCI Conditional Use Permit, including monitoring and reporting;

4. comply with all applicable standards and requirements of the DCI Conditional Use Permit; and

5. secure the operation to prevent unauthorized access.

11.14.10.2. A Permittee that recommences Mineral Resource Excavation and Processing after a temporary cessation shall give written notice of such action in the same manner as specified in Section 11.14.10.1.

11.14.10.3. A Permittee who ceases Mineral Resource Excavation and Processing for a continuous period of more than three (3) years or more than twice in a three (3) year period shall not recommence such operation until it obtains a new DCI Conditional Use Permit.

11.14.11. TerminationPermanent Cessation. If the Administrator determines that Mineral Resource Extraction and Processing operations has terminatedhave permanently ceased for any reason, the Permittee shall comply with the closure and reclamation requirements of the DCI Conditional Use Permit.

11.13 REGULATIONS FOR MINING AND RESOURCE EXTRACTION. Reserved (but see Section 1.7. and Chapter 10, generally and County Ordinance 1996-10, Article III, Section 5 “Mineral Exploration and Extraction”). ; Intentof this section 11.13 is to establish operational, location, and general standards for Mineral Resource Extraction And Processing, in addition to those requirements in sections 11.1 through 11.7, order to234 as applicable described in section 11.7.2.2. (Environmental Impact Report),occurrence0one thousand1,0surfaceing Districting DistrictThe handling, storage, use, and disposal of Hazardous Materials shall conform to the highest standards of care, industry best practices, and the applicable law. using the most effective techniques identified in the best available science . The following figure provides a graphic illustration of a potential liner system based on the standards described above. Highwalls shall be maintained using the most effective techniques identified in the best available science.

Reclamation of a phase shall begin at a minimum prior to the initiation of the subsequent phase.abcd

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chapter eleven – developments - santa fe …€¦ · web view2. buildings. the design, scale, and...

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