NMOCD PIT RULE 19.15.17 NMAC - PowerPoint Presentation

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NMOCD PIT RULE

19.15.17 NMACEffective June 28, 2013

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NMOCD Pit Rule

Case No. 14784 and 14785Order No. R-13506-DThis rule covers

all pits

, closed-loop systems, below-grade tanks and sumps

. Facilities under WQCC Discharge Plans are not exempt.

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NMOCD Pit Rule

Major Changes 2009 – 2013Below-grade tank now defined as > 5 bbl. CapacityContinuously flowing watercourse defined

Floodplain defined

New concept: “Life-form ratio” (re-vegetation)

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More Changes

2009 – 2013New concept: “Low chloride fluids

”

“Measurable” now

defined

New concept: “Multi-well fluid management pit

”

Definition of “significant watercourse” expanded and made more

descriptive

Temporary pits may now be used for multiple wells

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Still More Changes

Major Changes 2009 – 2013Permit still required for pits, but below-grade tanks are “registered” (district office)

Closed-loop systems require only notification of their use (district office)

Other than site-specific data may now be used to determine groundwater depth (modeling, cathodic well lithology)

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Major Changes in the Pit Rule

Major Changes 2009 – 2013Time limits for action on a permit now imposed on the NMOCD

If using “low-chloride fluids” (<15,000 mg/L):

A pit is now allowed where groundwater is at least 25 feet below the bottom of the pit

Significant changes in setbacks

Below-grade tanks meeting standards now allowed where groundwater is at least 25 feet deep

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Even More Major Changes

Major Changes 2009 – 2013A temporary pit (on-lease) or burial trench (on lease) may receive waste from another temporary pit (on-lease)

Soil beneath a BGT or drying pad shall be remediated to 600 mg/kg chlorides

Containments of only untreated fresh water are not temporary pits for the purposes of the rule

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All pits and below-grade tanks

Sumps, closed loop systemsGENERAL REQUIREMENTS

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NMOCD Pit Rule

19.15.17.9 Permit Application and RegistrationForm C-144 is to be used to apply to the division for a permit to construct or use a pit or to register a below-grade tank

May be filed by itself or included as an attachment to a permit application for the facility where the pit or below-grade tank will be located

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NMOCD Pit Rule

Pit construction requires a permit issued by the division. All pits must be lined.The division may issue a single permit for all pits associated with a single APD.

Below-grade tanks installed after June 28, 2013 must be

registered

with the appropriate division office.

Closed-loop systems and sumps do not require a permit or registration, but the district office must be notified on the APD or C-103, or applicable BLM form of use of a closed-loop system.

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NMOCD Pit Rule

Siting Requirements for Excavated MaterialNewly-excavated (non-contaminated)Distance from a continuously flowing, or significant watercourse 100 feet or greater

Distance from a lakebed, sinkhole or playa lake 200 feet or greater

Distance from a wetland 100 feet or greater

Outside a 100-year floodplain

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19.15.17.11 Design and Construction Specs

General for pits, closed-loop systems, BGT’s, and sumpsMust adequately contain liquids and solids

Topsoil must be stripped and stockpiled

Signs for pits and BGT’s must be present. Well signs are sufficient

Pits must be fenced to deter unauthorized access

Chain link (6 feet high) with barbed wire (2 strands) on top if pit located within 1,000 feet of an occupied permanent residence, school, hospital, institution or church

Permanent pits, MWFM pits, and open top tanks must be netted

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NMOCD Pit Rule

19.15.17.12 Operational RequirementsGeneralPrevent contamination of fresh water and protect public health and the environment

Recycle, reuse, reclaim or dispose of all drilling fluids according to division rules

No hazardous waste in a pit, closed-loop system, BGT or sump

Liner integrity compromised above the fluid level, repair or replace within 48 hours

Liner integrity compromised below the fluid level, remove all fluid above the leak within 48 hours and notify the district office in accordance with 19.15.29

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NMOCD Pit Rule

Operational RequirementsGeneral (cont’d)Inject or withdraw liquids in a manner that prevents damage

Prevent collection of surface water run-on

Maintain oil-absorbent boom to control unanticipated releases

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NMOCD Pit Rule

19.15.17.14 Emergency ActionsPermit not required

Emergency pits are to be constructed, to the extent possible given the emergency, in a manner consistent with the Pit Rule

Notify the district office ASAP

Emergency pits to be used only for the duration of the emergency

If longer than 48 hours, obtain district office approval

Close within 48 hours after use unless time period extended by district office

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COLLECTION, RETENTION OR STORAGE OF PRODUCED WATER OR BRINE, AND NOT A TEMPORARY PIT

PERMANENT PITS

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NMOCD Pit Rule

Permanent PitUsed for collection, retention or storage of produced water or brine

In use for a relatively longer period of time

Special construction requirements

Regulated by the Santa Fe office

Must be inspected on a regular basis

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Siting Requirements for Permanent or MWFMP

Groundwater depth 50 feet or greater from bottom of pit

Distance from a continuously-flowing watercourse

300

feet or greater

Distance from any other significant watercourse

200

feet or greater

Distance from a permanent residence, school, hospital, institution or church

1,000

feet or greater

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Siting Requirements for Permanent or MWFMP

Distance from a spring or fresh water well used for stock watering

500

feet or greater

Outside incorporated municipal boundaries unless municipality specifically approves

Outside defined municipal fresh water fields unless municipality specifically approves

Distance from a wetland

500

feet or greater

Outside an area overlying a subsurface mine

Outside an unstable area

Outside a 100-year floodplain

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NMOCD Pit Rule

Temporary PitDrilling or workover pit

May

be used for one or more

wells

Must

be located at one of the associated

drilling locations

Must

be closed within six months from the date the operator releases the

rig from the first

well using the

pit

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INCLUDES DRILLING OR WORKOVER PITS, TO HOLD LIQUIDS AND MINERAL SOLIDS.

MAY BE USED FOR ONE OR MORE WELLSTEMPORARY PITS

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NMOCD Pit Rule

Temporary Pits (District office)Construction shall follow applicable liner mfg. requirementsPermit application shall include:

Operating/Maintenance procedures

Closure plan

Hydrogeologic data

In the absence of groundwater data, operator can provide a reasonable determination of groundwater depth approved by the appropriate district office

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NMOCD Pit Rule

Temporary Pits (continued)Operators may have standard pit designs approved by the OCD district office

These standard plans may then be incorporated, by reference, in multiple APD’s

Applications sent to the

appropriate

district

office

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Low vs. Non-Low Chloride Fluids

Temporary Pit Siting Requirements 19.15.17.10

Low-Chloride

Fluids

Water-based, <15,000 mg/L of Chlorides

Non-Low-Chloride Fluids

Groundwater

must be greater than

25

feet below the bottom of the pit.

Groundwater

must be greater than

50

feet below the bottom of the pit.

Must be located more than

100

feet from any continuously flowing watercourse, or any other significant watercourse.

Must

be located more than

300

feet from any continuously flowing watercourse, or any other significant watercourse.

Must be located more

than 300 feet from an occupied permanent residence, school, hospital, institution, or church.

Must be located more

than 300 feet from an occupied permanent residence, school, hospital, institution, or church.

Must be located more than

200

feet from a spring or fresh water source.

Must be located more than

500

feet from a spring or fresh water source.

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Low vs. Non-low Chloride Fluids

Temporary Pit Siting 19.15.17.10

Low-Chloride

Fluids

Water-based, <15,000 mg/L of Chlorides

Non-Low-Chloride Fluids

Must be located outside incorporated

municipal boundaries, and outside of a defined municipal fresh water field unless agreed to by the municipality

Must be located outside incorporated

municipal boundaries, and outside of a defined municipal fresh water field unless agreed to by the municipality

Must be located more than

100

feet from a wetland.

Must be located more than

300

feet from a wetland.

Must be located

outside an area overlying a subsurface mine.

Must be located

outside an area overlying a subsurface mine.

Must be located outside of an unstable

area.

Must be located outside of an unstable

area.

Must be located outside any 100-year

floodplain.

Must be located outside any 100-year

floodplain.

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NMOCD Pit Rule

Design and Construction Specs – SpecificTemporary PitsMust confine liquids and prevent releases

Foundations and interior slopes must be properly constructed

Must have a geomembrane liner, 20-mil LLDPE or equivalent

Minimize liner seams and orient them up and down, not across a slope

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NMOCD Pit Rule

Design and Construction Specs – SpecificTemporary Pits (Cont’d)

Avoid excessive stress and strain

Geotextile underliner required where needed

Edges anchored in trench at least 18 inches deep

Protect from any fluid force or mechanical damage

Prevent run-on of surface water using berm, ditch proper sloping or other diversion

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NMOCD Pit Rule

Design and Construction Specs – SpecificTemporary Pits (Cont’d)Pit volume limited to 10 acre feet including

freeboard (2 feet)

The part of a temporary pit used to vent or flare gas does not require a liner.

No free-standing liquids on the unlined portion

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NMOCD Pit Rule

Operational RequirementsSpecific – Temporary PitsTo contain only drilling, completion or workover fluids and solidsNo miscellaneous solid waste or debris

Remove any visible layer of oil from the surface immediately after cessation of drilling or

workover

operation

At least 2 feet of freeboard

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NMOCD Pit Rule

Operational RequirementsSpecific – Temporary Pits (cont’d)

Daily inspection while the rig is on location

Weekly inspection thereafter, so long as liquids remain in the pit

Free liquids removed from a drilling or workover pit within 60 days after rig release

Free liquids removed from a pit used for cavitation within 48 hours after completing cavitation

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(MWFMP)STORAGE, TREATMENT AND RECYCLING OF STIMULATION FLUIDS AND FLOW-BACK WATER DURING DRILLING AND COMPLETION OF MULTIPLE WELLS

MULTI-WELL FLUID MANAGEMENT PITS

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Multi-Well

Fluid Management Pit (MWFMP)

Storage

, treatment and recycling

of

stimulation fluids and flow-back water

during the

drilling and completion of multiple

wells

No

waste disposal

May

be located either

on- or off- location

Remain

in use until all wells

associated with the permit are completed

Applications include a list of wells to be associated with the MWFMP

Requests for additional wells will go to hearing

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NMOCD Pit Rule

Multi-Well Fluid Management Pits (District Office)Construction shall follow applicable liner mfg. requirements

Permit application (Form C-144) shall include:

Operating and maintenance procedures

A list of wells, with approved

applications to

drill, that will be associated with the pit

Closure plan

Hydrogeologic data

In the absence of groundwater data, operator can provide a reasonable

(district-approved) determination

of groundwater

depth

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NMOCD Pit Rule

Multi-Well Fluid Management Pits (continued)Standard designs may be used and incorporated by reference

Applications sent to the appropriate district office

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NMOCD Pit Rule

Design and Construction Specs – SpecificMulti-Well Fluid Management Pits

Designed to confine liquids and prevent releases

Properly constructed foundation

Slopes no steeper than 2H:1V

Levee’s outside grade no steeper than 3H:1V

Anchor trench for liners required

Double-lined (60-mil HDPE, or 30-mil PVC) with leak detection

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NMOCD Pit Rule

Design and Construction Specs – SpecificMulti-Well Fluid Management PitsOrient thermally-sealed seams up and down, not across slopes

Leak detection system as specified in 19.15.17.11.J (8) or a division-approved alternative (district office)

Surface water run-on to be prevented

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Multi-Well Fluid Management Pits

Operational Requirements

Contains only stimulation fluids, produced water used for stimulation and drilling, and flow back from multiple wells

No visible layer of oil (see definitions)

At least 3 feet of freeboard

Weekly inspections to include leak detection system

Remove all fluids within 60 days from cessation of stimulation operations associated with the MWFMP

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(BGT)

BELOW-GRADE TANKS

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NMOCD Pit Rule

Below-Grade TanksRegistered with the OCD district officeForm C-144

Registration shall include:

Operating and maintenance procedures

Closure plan

Hydrogeologic data

Reasonable (district-approved) determination of groundwater depth

Standard designs may be submitted and incorporated by reference

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Siting Requirements for a Below-Grade Tank

Distance from a continuously flowing or significant watercourse, lakebed, sinkhole, wetland or playa lake greater than 100

feet

Distance from a spring or fresh water well used for public or livestock consumption greater than

200

feet

Groundwater depth greater than

25

feet below the bottom of the excavation containing the BGT

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NMOCD Pit Rule

Design and Construction Specs – SpecificBelow-Grade TanksMade of a material that is resistant to the tanks contents and to damage from sunlight

Properly constructed foundation

Level base

Free of rocks, sharp edges, or irregularities

Constructed to prevent surface water run-on and overflow

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NMOCD Pit Rule

Design and Construction Specs – SpecificBelow-Grade Tanks (cont’d)Options

Double-walled construction not required if the tank’s side walls are visible and the bottom of the tank is elevated a minimum of 6 inches and the underlying ground is lined and sloped toward a location that is visible

If side walls are not visible, double-walled with leak detection required

A division-approved alternative (district office)

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NMOCD Pit Rule

Design and Construction Specs – SpecificBelow-Grade Tanks (cont’d)No retrofit required for single-walled BGT’s, that have visible sidewalls, existing prior to June 16, 2008 so long as they demonstrate integrity

Single-walled BGT’s existing prior to June 16, 2008, whose sidewalls are not visible, must be retrofitted or closed

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NMOCD Pit Rule

Operational RequirementsSpecific – Below-Grade TanksNo fluid run-on or run-off

No measurable layer of oil

Monthly inspections

Document integrity annually

Freeboard adequate to prevent overtopping

Repair or close if integrity is lost

Inspect for contamination under a BGT during work required for compliance with this rule

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NMOCD Pit Rule

Operational RequirementsSpecific – SumpsVisually inspect annuallyPromptly repair or replace if necessary

Maintain records of inspections

See sump definition

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BURIAL & RECLAMATION

CLOSURE

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Closure, In-Place or Trench Burial

Groundwater depth 25

feet or greater below the bottom of the pit (

must meet standards set forth in Table II

)

Distance from a continuously flowing watercourse

100

feet or greater

Distance from any other significant watercourse, lakebed, sinkhole or playa lake

200

feet or greater

Distance from an

occupied

permanent residence, school, hospital, institution or church

300

feet or greater

Distance from a spring or water well used for stock watering

300

feet or greater

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Siting for

Closure, In-Place or Trench BurialOutside incorporated municipal boundaries and outside of a defined municipal fresh water field unless the municipality specifically approves

Distance from a wetland

300

feet or greater

Outside the area overlying a subsurface mine

Outside an unstable area

Outside a 100-year floodplain

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Table I and Table II Closure Criteria

Table I lists criteria for soils beneath Below-Grade Tanks, Drying Pads Associated with Closed-Loop Systems and Pits where contents are removed.Table II lists closure criteria for burial trenches and waste left in place in Temporary Pits

Depth to protectable water

Chloride, TPH, BTEX, Benzene analyses

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Table I Closure Criteria

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Table II Closure Criteria

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NMOCD Pit Rule

Design and Construction Specs – SpecificBurial TrenchesProperly constructed foundation

Geotextile under the liner if needed

Geomembrane liner, 20-mil LLDPE or equivalent

Orient seams up and down, not across, slopes

Secure the outer edges

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NMOCD Pit Rule

19.15.17.13 Closure and Site ReclamationWhere wastes are destined for off-site facilities

Must have approved closure plan in place

Remove all contents, including liners

Test soils beneath the liner

5-point composite sample

Additional delineation may be required if sample analysis exceeds Table I of 19.15.17.13 NMAC

If sample analysis does not exceed these parameters, backfilling may commence

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Closure and Site Reclamation

Burial in place or temporary pit/lined trench burialMust

have approved closure

plan in place

Remove and dispose of all free liquids

Remaining pit contents must be stabilized or solidified

Mixing ratio maximum is 3:1 clean soil to contents

5-point composite sample of contents, after stabilization

If concentration of contaminants does not exceed Table II of 19.15.17.13 NMAC, operator may continue with closure

If concentration exceeds Table II parameters, closure must proceed in accordance with 19.15.17.13.C (dig and haul)

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NMOCD Pit Rule

Closure and Site ReclamationBurial in place or temporary pit/lined trench burialFold outer edges of the liner to overlap the waste

Install a geomembrane (20-mil LLDPE) cover on top

Cover this with a 4-foot uncontaminated soil cover as described in 19.15.17.13.H(3)

Re-vegetate the location in accordance with 19.15.17.13.H(5)

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Closure and Site Reclamation

Burial in place or temporary pit/lined trench burial

If

the operator has

transferred the

wastes and the liner to a burial trench or another temporary pit, a 5-point composite sample must be taken under the

original temporary pit

Sample must be analyzed for the constituents shown in Table I of 19.15.17.13 NMAC

Additional delineation may be required by the district office if levels are exceeded

If contaminant levels are not exceeded, operator may begin backfilling

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NMOCD Pit Rule

Closure NoticeSurface owner notification is required for any in-place or trench burialNotify surface owner at least 72 hours, but not more than one week, prior to closure operation

Include well name, API number and location

Certified mail, return receipt requested

Retain this proof of notification

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NMOCD Pit Rule

Closure NoticeThe appropriate district office must be notified of any in-place or trench burial closureNotify verbally, and in writing at least 72 hours, but not more than one week prior to closure operation

The NMOCD Santa Fe office (Environmental Bureau) must be notified of any cessation of operations at a permanent pit at least 60 days prior to cessation and a proposed schedule for closure must be provided

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NMOCD Pit Rule

Closure NoticeOnsite burial on private land requires a deed notice to be filed with the appropriate county clerk

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NMOCD Pit Rule

Closure Report and Burial IdentificationDocument all closure activities on a C-144Due within 60 days of closure completion

Plat showing the location of the temporary pit used for closure, or the location of an onsite burial to be included on

C-105

Steel marker to be placed at the center of an onsite burial

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Closure Timing

Permanent pit – within

60 days

of cessation of operations

Temporary pit

– within

6 months

from the date of rig release from the first well using the pit

Drying pad

– within

6 months

from the date of rig release

Below-Grade Tanks

– liquids removed and disposed of within

60 days

of cessation of operations – closure within

6 months

MWFMP

– within

6 months

of cessation of stimulation operations on all associated wells

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Reclamation

Pits, trenches, drying pads, below-grade tanks, areas associated with a closed-loop system

Reclaim to a safe and stable condition

So that former location blends with the surrounding area

Restore to the condition that existed prior to oil and gas operations

Contouring and re-vegetation per 19.15.17.13.H(5)

Alternatives to the contouring and re-vegetation requirements must be approved by the district office and the surface owner.

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Reclamation

Soil covers for closures shall be the background thickness of topsoil or one foot whichever is greater

Chloride level for the soil beneath a BGT or drying pad shall be less than 600 mg/kg per EPA method 300.0

Chloride level for the soil cover for burial in place or trench burial shall be at least

4 feet

of uncontaminated soil with chloride concentration less than 600 mg/kg per EPA method 300.0

Soil covers shall be contoured to prevent erosion

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Reclamation and Re-vegetation

Reclaimed as nearly as practicable to their original conditionContour topsoil and subsoil to achieve erosion control

Re-seed in the first favorable growing season

Reclamation complete when life-form ratio of 50%, and total plant cover of 70% of pre-disturbance levels is achieved excluding noxious weeds

These requirements shall be superseded by other federal or tribal agencies if those requirements equal or exceed those specified in this rule

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EXCEPTION HANDLED BY SANTA FE

VARIANCE HANDLED BY DISTRICT OFFICEEXCEPTIONS & VARIANCES

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NMOCD Pit Rule

19.15.17.15 Exceptions and Variances“Exception” means authorization from the division’s Santa Fe office to depart from the requirements of 19.15.17 NMAC

.

“

Variance

” means authorization from the appropriate division district office to depart from the requirements of 19.15.17 NMAC. A variance may not be obtained where exceptions are required

specifically by

a provision of 19.15.17 NMAC.

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NMOCD Pit Rule

Exceptions and VariancesThe Commission made a conscious effort to specify, in the rule, whether a particular departure from the rule was an exception or a variance

Generally

: Any departure from a requirement concerning permanent pits must be approved by the Santa Fe office

Generally

: Any departure from any other requirement can be approved by the appropriate OCD district office

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NMOCD Pit Rule

Exceptions and VariancesIn the few instances where the rule does not specify, it is safe to assume that a departure is a variance, and can be handled by the district office

The district office may deem such a departure to be significant enough that it requires an exception

Specific procedures listed in rule to apply for exception or variance

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NMOCD Pit Rule

19.15.17.16 Permit Approvals, Conditions, Denials, Revocations, Suspensions, Modifications or TransfersDivision shall determine an application administratively complete or provide written notice as to deficiencies within 30 days of receipt

If no written notice is received, operator may assume application is administratively complete. This does not mean the permit is approved.

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NMOCD Pit Rule

19.15.17.16 Permit Approvals, Conditions, Denials, Revocations, Suspensions, Modifications or TransfersThe division has a total of 60 days to approve, deny or approve with conditions the application

If no action is taken by the division within 60 days, application is deemed denied

Operator may apply for a hearing

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NMOCD Pit Rule

19.15.17.16 Permit Approvals, Conditions, Denials, Revocations, Suspensions, Modifications or TransfersThe division may impose conditions for approvalThe division must notify the operator in writing if application is denied

The operator may

apply for a modification of a

permit

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NMOCD Pit Rule

19.15.17.16 Permit Approvals, Conditions, Denials, Revocations, Suspensions, Modifications or TransfersThe division may revoke, suspend or impose additional conditions upon discovery that the operator is in material breach of any applicable statutes or rules

Operator to be notified by certified mail, return receipt requested of any intended revocation, suspension or imposition of additional conditions

Operator may request a hearing on this matter within 10 days after receipt of such notification

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NMOCD Pit Rule

19.15.17.16 Permit Approvals, Conditions, Denials, Revocations, Suspensions, Modifications or TransfersPermits shall not be transferred without division approval

Division approvals shall be by written statement

Written statements include e-mail

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NMOCD Pit Rule

Thank you for your time and attentionIf you have questions:Hobbs District Office: 575-393-6161Artesia District Office: 575-748-1283

Aztec District Office: 505-334-6178

Ed Martin: 505-476-3470