Discharge Permit-61 Renewal and Modification
Permittee: Rio Grande Resources Corporation
Facility:
Mt. Taylor Mine

I. Introduction
The New Mexico Environment Department (NMED) issues this Discharge Permit renewal and
modification (Discharge Permit) to Rio Grande Resources Corporation (Permittee) pursuant to
the New Mexico Water Quality Act (WQA), NMSA 1978 §§ 74-6-1 through 74-6-17, and the
New Mexico Water Quality Control Commission (WQCC) Regulations, 20.6.2 NMAC.
NMED' s purposes in issuing this Discharge Permit, and in imposing the requirements and
conditions specified herein, are to control the discharge of water contaminants from operations of
the Mt. Taylor Mine to ground and surface water, so as to protect ground and surface water for
present and potential future use, including as domestic and agricultural water supply; to protect
public health; and to abate localized ground water contamination that has resulted from previous
operations. In issuing this Discharge Permit, NMED has determined that the requirements of
20.6.2.3109.C NMAC have been met. Pursuant to 20.6.2.3104 NMAC, it is the responsibility of
the Permittee to comply with the terms and conditions of this Discharge Permit; failure may
result in enforcement action by NMED (20.6.2.1220 NMAC).
A. LOCATION OF DISCHARGE
The Mt. Taylor Mine is located approximately one-half mile northeast of the Village of San
Mateo in Cibola County, New Mexico at 35.34 degrees north latitude and 107.63 degrees west
longitude in Section 24, Township 13 North, Range 8 West. Treated mine water is discharged
via pipeline at a discharge outfall (e.g., Outfall 001) located in San Lucas Canyon, which is 4.3
miles north of the Mt. Taylor Mine at 35.39 degrees north latitude and 107.64 degrees west
longitude.
B. FACILITY DESCRIPTION
The Mt. Taylor Mine, which is currently on standby status, previously operated from 1979 to
1982 and from 1985 to 1990 before being placed on standby status in 1990. During prior
conventional underground mining operations by room-and-pillar and stope mining methods,
approximately 675,000 tons of uranium ore and 698,000 tons of waste rock were extracted from
the Westwater Canyon member of the Morrison Formation (Westwater Canyon member).
Existing subsurface facilities at the Mt. Taylor Mine include a 24-foot diameter production shaft
and a 14-foot diameter manway/ventilation shaft, which provide access to underground workings
at depths of between 3,100 and 3,200 feet below the ground surface. Additionally two 10%-inch
diameter utility conduits extend from the ground surface to the underground workings.
Existing surface facilities include an ore stockpile (comprising 6.8 acres); the South Waste Rock
Pile (comprising 11.5 acres); two storm water run-off retention ponds (comprising 0.9 and 1.45
acres respectively) and associated diversion ditches and channels; eight clay-lined water
treatment ponds, a housed ion exchange (IX) Plant, a radium treatment system, flocculant feed
facilities, and associated piping, which are herein collectively referenced as the "Mine Water

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Discharge Permit-61/Mt. Taylor Mine
October 14, 2015

Treatment Unit" (MWTU) (comprising 28 acres) for treatment of water pumped from the
underground workings; a Sewage Treatment Plant (STP) and backup septic tank and leach field;
and surface Service and Support facilities (93 acres). Additionally, the Permittee maintains six
alluvial aquifer monitoring wells, nine wells completed in the Point Lookout Formation, four
wells completed in the Tres Hermanos and/or Dakota aquifers, and 12 wells that are completed
in the Dakota Formation and/or Westwater Canyon member. County Road NM-334 bisects the
Mt. Taylor Mine and provides public access to Cibola National Forest. Currently, the Mt. Taylor
Mine facilities occupy approximately 286 acres in total. A treated mine water discharge pipeline
extends 4.3 miles north from the Mt. Taylor Mine to Outfall 001 in San Lucas Canyon.
The Permittee plans to implement the following upgrades to Mt. Taylor Mine facilities prior to
resuming discharge activities:
• The IX Plant will be upgraded with new IX columns that will utilize a resin, which was
determined during previous testing under Discharge Permit-1 712 to be effective for
treating expected uranium concentrations in the mine water.
•

The Permittee will construct a new molybdenum and selenium (Mo/Se) treatment system
facility to treat water that is pumped from underground workings.

•

The existing 4.3-mile 24-inch diameter treated water discharge steel pipeline will be lined
with a high density polyethylene (HDPE) liner.

•

A 10-acre synthetically-lined ore pad with a truck wash pad will be constructed in the
location of the existing ore stockpile following removal of the existing soil cover, lowgrade ore, and any underlying contaminated soil.

•

The existing 11.5-acre South Waste Rock Pile will be re-contoured to flatten the western
and southern slopes to a maximum 5:1 ratio (horizontal/vertical).

•

The Permittee will clean out, regrade, and synthetically-line the existing eight water
treatment-related ponds, and rehabilitate the associated hydraulic control structures.

•

The Permittee will clean out, regrade, and line the two existing stormwater run-off
retention ponds to capture and contain stormwater on-site. Additional site regrading will
direct unimpacted off-site stormwater from around the Mt. Taylor Mine facilities into
adjacent arroyos.
o The existing north stormwater retention pond, which will be renamed the "Ore
Pad Run-off Retention Pond," will receive impacted run-off only from the ore pad
and truck wash via a series of intermediate sediment-retaining concrete catch
basins. The Ore Pad Run-off Retention Pond will be synthetically double-lined
with a leak detection and collection system, which drains to a sump.
o The South Stormwater Retention Pond will be enlarged to a capacity of 15 acrefeet and constructed with a minimum one-foot thick engineered clay liner.

Water pumped from the underground workings that does not meet standards promulgated in
20.6.2.3103 NMAC, treated effluent from the STP, and impacted stormwater will flow to the
MWTU where it will first be treated to reduce particulates by addition of a flocculant. Following
settlement, the discharge will be routed through the IX Plant to reduce uranium concentrations.
The discharge from the IX Plant will be directed through the Mo/Se treatment system to reduce

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Mo and Se concentrations, and thereafter to the barium chloride feed system for precipitation of
radium in ponds #8, #4, and #5. The treated water will then flow into synthetically-lined
retention ponds #6 and #7 prior either to discharge to the San Lucas Canyon Outfall 001 via the
refurbished 4.3-mile long pipeline, or to recycle into Mt. Taylor Mine operations.
Stormwater is diverted around the MWTU by the natural drainage system of Marquez Creek and
by two man-made diversion ditches, which also drain to Marquez Creek. Stormwater run-off
from the Service and Support area and South Waste Rock Pile will be directed to the South
Stormwater Retention Pond for evaporation or treatment through the MWTU. Stormwater runoff from the ore pad and wash water and associated sediments from the truck wash will drain to a
catch basin with an oil separator that will be located near the southwest comer of the ore pad.
Water collected in this catch basin and a second catch basin located near the northwest comer of
the ore pad will discharge via a common pipe to the synthetically double-lined Ore Pad Run-off
Retention Pond.
C. QUANTITY, QUALITY, AND FLOW CHARACTERISTICS OF THE
DISCHARGE
Regulated discharges from the Mt. Taylor Mine include those from mine dewatering, STP, and
truck wash operations; leachate and impacted stormwater run-off from the ore pad, stormwater
run-off from the South Waste Rock Pile, and impacted stormwater run-off from other mine
facilities.
Based upon data from previous operations, the quality of untreated water that will be pumped
from aquifers overlying the Westwater Canyon member is expected to comply with the
numerical standards promulgated in 20.6.2.3103 NMAC. The discharge of water from these
aquifers overlying the Westwater Canyon member will not require treatment, and therefore could
achieve the maximum discharge rate of 17,280,000 gallons per day (gpd) that is permitted herein
during initial dewatering activities. However, previous operational data indicate that untreated
water which is pumped from the Westwater Canyon member will contain uranium, radium,
selenium, and molybdenum concentrations in excess of numerical ground water standards
promulgated in 20.6.2.3103 NMAC. The discharge rate for this ground water, the quality of
which, prior to treatment, exceeds one or more of the numerical standards in the abovereferenced regulation, will be limited by the maximum 14,400,000 gpd MWTU operational
design capacity, as well as by permit conditions herein that stipulate minimum freeboard levels
for MWTU ponds. Following dewatering of the existing underground workings, sustained
pumping rates to maintain working conditions within the underground workings will range
between 5,760,000 and 7,200,000 gpd.
The Sewage Treatment Plant (STP) comprises two packaged Case/Cotter extended aeration
plants that are deployed side-by-side, with total treatment capacity of 50,000 gpd. Treated
wastewater from this unit will be combined with untreated water pumped from the underground
workings for subsequent treatment through the MWTU prior to discharge via Outfall 001.
The Mt. Taylor Mine utilized a sewage lagoon from 1975 through 1982. This lagoon, which is
located on residual clayey silts and sands that were derived from the underlying Menefee
Formation, was subsequently covered by the existing South Waste Rock Pile. The Permittee

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submitted a voluntary Stage 1 Abatement Plan to NMED in 2005, which identified uranium,
nitrate, sulfate, total dissolved solids (TDS), and chloride impacts to localized alluvial ground
water. Characterization of the South Waste Rock Pile in 2011 confirmed that these impacts were
attributable to discharge from the buried sewage lagoon. Under a Stage 2 Abatement Plan that
was approved by NMED in 2011, the Permittee proposed to address this localized ground water
contamination by evapotranspiration.
This Discharge Permit requires the Permittee to augment the previously-approved abatement
plan with active pumping of the localized contaminated ground water body for evaporation in
one synthetically double-lined MWTU pond; subsequently, the contaminated water will be
treated in the MWTU when it is fully constructed and operational.
D. GROUND WATER CHARACTERISTICS

Alluvium underlying most of the Mt. Taylor Mine is generally thin, discontinuous in extent, and
unsaturated. Alluvial ground water occurs only as perched ground water 14 to 33 feet below the
ground surface in a paleoarroyo beneath the existing South Waste Rock Pile and underlying part
of the Service and Support area. The alluvial ground water system beneath the existing South
Waste Rock Pile received discharge from a sewage lagoon that is buried beneath the existing
South Waste Rock Pile. Other alluvial ground water possibly originates from some isolated
spring-fed locations in paleochannels at the alluvium/bedrock contact. The original pre-mining
TDS concentration of the alluvial ground water is unknown.
The shallowest ground water aquifer above the underground mine workings is the Point Lookout
Sandstone of the Lower Menefee Formation, which occurs· at depths of 650 to 800 feet below the
ground surface and has a potentiometric surface at depths of 500 to 600 feet. This aquifer is
overlain by sandy shale and sandstone sequences, and underlain by hundreds of feet of shale.
The water level in the main shaft, which reflects that of the Westwater Canyon member, has
maintained an elevation difference of approximately 260 feet below the static water level that is
measured in nearby dewatering wells completed in the Point Lookout Sandstone. The integrity
of the shaft lining is indicated by this difference in ground water levels, as measured in 2012
following a period of 23 years when mining and associated pumping activities were suspended.
A comparison of ground water chemistry between samples collected from an existing monitoring
well completed in the Point Lookout Sandstone and from the flooded mineshaft in the Westwater
Canyon member further supports the conclusion that mine-related penetrations effectively
maintain isolation between these two aquifers. Water quality data also indicate that ground
water in the Point Lookout Sandstone is compliant with the numerical standards of 20.6.2.3103
NMAC, while uranium, radium, selenium, and molybdenum concentrations in ground water of
the Westwater Canyon member will likely exceed the respective regulatory numerical standards.
E. REGULATORYSUMMARY

Discharge Permit-61 (DP-61) was first issued in 1979 to Gulf Mineral Resources Company,
which was the original owner of the Mt. Taylor Mine. The permit was renewed in 1984, 1989,
and 1995, and has been in timely renewal since 1999. This renewal and modification of DP-61
for the Mt. Taylor Mine incorporates an updated Discharge Permit renewal application that was

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submitted by the Permittee on April 23, 2013, and additional information that has been submitted
as part of the renewal and modification process since 1995. Surface discharge of treated mine
water at San Lucas Canyon Outfall 001 is regulated by the United States Environmental
Protection Agency (EPA) under NPDES permit #NM0028100. Stormwater discharge 1s
regulated by the EPA under NPDES permit #NMR05GB27.
The discharges permitted herein shall be managed in accordance with the approved Discharge
Permit, including all conditions herein. Issuance of this Discharge Permit does not relieve the
Permittee of its responsibility to comply with the WQA, WQCC Regulations, and any other
applicable federal, state, and/or local laws and regulations such as zoning requirements and
nuisance orders.
Pursuant to 20.6.2.3109 .E NMAC, NMED reserves the right to modify permit requirements in
the event NMED determines that the requirements of 20.6.2 NMAC are being or may be
violated, or the standards of 20.6.2.3103 NMAC are being, or may be, violated at a place of
withdrawal of water for present or reasonably foreseeable future use due to a discharge regulated
under this Discharge Permit. This may include a determination by NMED that operational
practices approved under this Discharge Permit are not protective of ground and surface water
quality, and that a modification is necessary to protect water quality or abate water pollution.
Permit modification may include, but is not limited to, lining or relining impoundments,
changing discharge locations, changing waste and leachate management practices, expanding
monitoring requirements, and/or implementing abatement of water pollution.
F. PERMIT MODIFICATIONS

DP-61 includes the following modifications:
• Authorization to increase the maximum total Mt. Taylor Mine daily discharge volume
from 7,200,000 gpd to 17,280,000 gpd;

II.

•

Authorization to operate water treatment facilities to remove uranium, molybdenum,
selenium, and radium;

•

Inclusion of discharge from a truck wash that will be constructed on the refurbished ore
pad; and

•

Incorporation of ongoing Stage 2 abatement activities to address nitrate and uranium
ground water contamination.

Findings

In issuing this Discharge Permit modification and renewal, NMED finds:
1. The Permittee will discharge effluent or leachate from the Mt. Taylor Mine such that
fluids or leachate may move directly or indirectly into ground water, which has an
existing concentration of 10,000 mg/I or less of TDS within the meaning of
20.6.2.3101.A and 20.6.2.3104 NMAC;
2. The discharges from the Mt. Taylor Mine are not subject to any of the exemptions of
20.6.2.3105 NMAC;

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3. The Mt. Taylor Mine is located at a place of withdrawal of water for present or
reasonably foreseeable future use within the meaning of 20.6.2.3101.A NMAC; and
4. The Permittee is required to abate ground water contamination pursuant to 20.6.2.3107 .A
(11) and 20.6.2.3109.E (1) NMAC because the discharge from prior Mt. Taylor Mine
operations has contaminated ground water of the State of New Mexico, which has an
existing concentration of 10,000 mgll or less of TDS and which is at a place of
withdrawal for present or reasonably foreseeable future use, above the standards and
requirements in 20.6.2.3103 NMAC.

III.

Discharge Authorizations

Pursuant to 20.6.2.3104 NMAC, the Permittee shall ensure that discharges authorized by this
Discharge Permit are consistent with the terms and conditions herein. The Permittee shall
manage discharges from its operations as follows, subject to the conditions within this Discharge
Permit [20.6.2.3109 NMAC]:
1. Total maximum Mt. Taylor Mine discharge: The Permittee is authorized to discharge up
to 17,280,000 gpd of water that achieves all numerical ground water standards
promulgated in 20.6.2.3103 NMAC at Outfall 001. This maximum total discharge
volume is comprised of ground water from dewatering of aquifers overlying the
underground workings, and the maximum 14,400,000 gpd th.at is discharged from the
MWTU (see Discharge Authorizations 2 and 4).
2. Mine Water Treatment Unit dischgrge: The Permittee is authorized to discharge a
maximum of 14,400,000 gpd from the MWTU, which is the design flow capacity of the
active components. The MWTU shall treat mine dewatering effluent from the Westwater
Canyon member, impacted stormwater, and wastewater from the STP prior to discharge
at Outfall 001.
3. Ponds: The Permittee is authorized to operate the following ponds:
a) Ponds #1, #2, and #3, which are synthetically double-lined with leak detectio~
and collection systems and are located hydraulically upgradient of the MWTU
active components, receive discharge of untreated water from the underground
workings;
b) Ponds #8, #4, and #5, which are synthetically double-lined with leak detection
and collection systems and are located hydraulically downgradient of the
MWTU active components, are used for precipitation of radium flocculant;
c) Ponds #6 and #7, which are synthetically single-lined holding ponds for treated
water prior to discharge at Outfall 001 ;
d) A synthetically double-lined Ore Pad Run-off Retention Pond with a leak
detection and collection system to contain truck wash wastewater and impacted
stormwater and leachate run-off from the ore pad; aqd
e) A clay-lined South Stormwater Retention Pond.
4. Sewage Treatment Plant discharge: The Permittee is authorized to discharge a maximum
of 50,000 gpd of chlorinated effluent from the STP, which is its design treatment
capacity. Additionally, the Permittee is authorized to operate the existing septic tank and

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associated leach field only as a backup system to the STP, subject to relevant conditions
herein.
5. Ore pad and truck wash: The Permittee is authorized to operate one synthetically singlelined 10-acre ore pad, and a truck wash constructed on the ore pad, subject to relevant
conditions herein, with stormwater and leachate run-off collected and diverted to the Ore
Pad Run-off Retention Pond.
6. South Waste Rock Pile: The Permittee is authorized to operate the existing 11.5-acre
South Waste Rock Pile, with stormwater run-off collected and diverted to the South
Stormwater Retention Pond.

IV.

Permit Conditions

Throughout any activities resulting in discharge from Mt. Taylor Mine operations, the Permittee
shall comply with the following conditions, which are enforceable by NMED:
A. OPERATIONS
Mine Water Treatment Unit

General
1. The Permittee shall construct and operate the MWTU so that water discharged from its
operation shall achieve all numerical ground water standards that are promulgated in
20.6.2.3103 NMAC prior to discharge. Influent sources to the MWTU from Mt. Taylor
Mine operations may include water pumped from the underground workings and
impacted stormwater. [20.6.2.3106.C NMAC]
2. Within 120 days of completion of construction, the Permittee shall submit to NMED for
approval as-built drawings for the MWTU (e.g., ponds #1 through #8, IX Plant, Mo/Se
treatment plant, barium chloride feed system, and associated conveyance piping), which
shall include calculated Action Leakage Rates for ponds #1 through #5, and #8. The
Action Leakage Rate for each pond shall be calculated by considering the amount of
water that would accumulate in the geonet leak detection and collection layer that would
equal one foot of hydrostatic head on the bottom secondary pond liner within a 100-foot
radius of the associated sump (see Condition 9). As-built drawings shall bear the seal
and signature of a licensed New Mexico professional engineer. [20.6.2.3109 NMAC]
3. Prior to the discharge of water that does not comply with the standards promulgated in
20.6.2.3103 NMAC into pipelines, and following any standby period in excess of 180
days, the Permittee shall submit to NMED results of mechanical integrity tests that shall
be conducted under accepted procedures as are documented in American Petroleum
Institute "Recommended Practice 111 O" and certified by a licensed New Mexico
professional engineer. The testing process shall include, but not be limited to, the
following elements:
a) Each section of the piping system shall be tested under normal working
pressures for a continuous period of at least 14 hours;
b) No piping will be acceptable for use until it sustains pressure without the
addition of more fluids;

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c) All pipe or appurtenances that are found to be defective or leaking shall be
removed and replaced with sound units; and
d) The integrity test shall be repeated until no leakage is detected. [20.6.2.3107
NMAC]
4. The Permittee shall operate all pipelines related to the MWTU operations in a manner to
prevent discharges that are not authorized by this Discharge Permit, including but not
limited to the following activities:
a) During operation, all aboveground pumps and pipelines shall be visually
inspected daily, monitored in real time via instrumentation for flow rate and
pressure, and alarmed for upset conditions that would indicate leakage or pipe
breakage;and
b) Upon discontinuing the operation of a pipeline or prior to moving a pipeline, all
untreated water from the underground workings within each pipeline shall be
released to an authorized discharge location or otherwise properly contained,
transferred or disposed. [20.6.2.3109 NMAC]
IX Plant

5. Operation of the IX Plant shall include, but not be limited to, the following procedures:
a) Each IX treatment train shall comprise two IX columns that shall be operated in
an up-flow lead/tail serial mode;
b) The maximum operational rate of each IX treatment train shall not exceed 1,650
gpm;
c) Resin screens shall be employed in the overflow of each individual column to
prevent resin loss;
d) A level control system and sonic level sensor shall control the input flow rate to
each IX column, and in upset conditions shall automatically divert flow to the
IX Plant overflow tank for subsequent recycle into the IX Plant;
e) During IX Plant operation, the Permittee shall change out the IX resin in any
individual IX column when either uranium loading of the resin reaches a
maximum of 0.06 pounds per cubic foot or when the effluent from the column
reaches 80% of the feed concentration, whichever occurs first, in order to
prevent discharge of water with uranium concentrations exceeding 0.03 mg/l;
and
f) The Permittee shall temporarily store loaded IX resin only within two loaded
resin storage tanks of 1,000 cubic foot capacity within the IX Plant pending
offsite transport for regeneration, and shall transport loaded resin only to a
licensed regeneration facility in resin tankers that can hold up to 1,500 cubic
feet of resin. [20.6.2.3106.C NMAC]
Molybdenum/selenium treatment plant

6. Operation of the Mo/Se treatment plant shall include, but not be limited to, the following
procedures:
a) Each Mo/Se treatment train shall comprise two media columns that shall be
operated in a lead/tail serial configuration;
b) Each train will operate at a maximum rate of 715 gpm;

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c) Each Mo/Se media column shall have an internal screen to prevent media loss;
d) A level control system and sonic level sensor shall control the input flow rate to
each Mo/Se media column, and in upset conditions shall automatically divert
flow to a Mo/Se treatment plant overflow tank for subsequent recycle into the
Mo/Se treatment plant; and
e) Loaded media will be assayed and disposed in accordance with all applicable
regulations. [20.6.2.3106.C NMAC]
Barium chloride feed system

7. The Permittee shall operate the barium chloride feed system at a concentration of 32
mg/l, which is approximately equal to 120% of the barium chloride concentration that
was necessary for radium removal to meet discharge standards from historical operation
of the water treatment system. Any request for NMED approval to reduce this feed
concentration shall include analytical data from an independent laboratory that
demonstrate the ability of the proposed feed concentration to reduce observed radium
concentrations to comply with the radium concentration standard promulgated in
20.6.2.3103.A (13) NMAC. [20.6.2.3106.C NMAC]
MWTUPonds

8. The Permittee shall remove any contaminated sediments in which radium-226 + -228
activity exceeds five picocuries per gram (pCi/g) above background from all eight
existing MWTU ponds prior to regrading or liner installation. These sediments shall be
emplaced in the Reactivation Cell (see Condition 25). [20.6.2.3106.C NMAC]
9. The Permittee shall construct MWTU ponds #1, #2, #3, #4, #5, and #8 with double
HDPE geomembrane liners (e.g., primary 60 mil/secondary 40 mil, or their equivalent),
and an intercalated leak detection and collection system (e.g., 250 mil HDPE geonet, or
equivalent) that drains to a gravel-filled sump on a suitable subgrade (see Condition 32).
The Permittee shall use only these six ponds for containment of untreated water that is
pumped from the underground workings. [20.6.2.3106.C NMAC]
10. The Permittee shall construct treated water ponds #6 and #7 with single 60 mil HDPE
liners or their equivalent on a suitable subgrade (see Condition 32), from which treated
water will be discharged to Outfall 001. The Permittee shall not discharge any water that
exceeds the numerical concentration standards promulgated in 20.6.2.3103 NMAC to
these two ponds. [20.6.2.3106.C NMAC]
11. The Permittee shall maintain a minimum of two feet of freeboard, as measured from the
water surface to the top of the lowest elevation of the surrounding berm, in all ponds at
all times. [20.6.2.3109.C (2) NMAC]
12. The Permittee shall return all water that accumulates in a pond leak detection and
collection system sump to its respective impoundment using automatically-activated
pumps to minimize hydraulic head on the secondary liner. The Permittee shall repair any
pond liner if the leakage rate in a pond exceeds the respective Action Leakage Rate (see
Condition 2 and 60). [20.6.3107.A (10) NMAC]
13. If it is necessary to remove sediment from MWTU ponds during Mt. Taylor Mine
operations, the Permittee shall provide to NMED for review and approval a proposal for
dewatering and subsequent disposal of these sediments at an appropriate facility. The

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proposal submitted shall include analyses of these sediments for uranium, molybdenum,
selenium, and total radium-226 + -228. [20.6.2.3106.C (7) NMAC]
14. The Permittee shall maintain signs at the facility entrance and at areas around all ponds
where public contact is possible, in English, Spanish, and with symbols indicating that
the water in the ponds is not potable. All signs shall remain visible and legible for the
duration ·of pond operations. [20.6.2.3106.C NMAC]
Treated water pipeline

15. The Permittee shall line the treated water discharge pipeline for conveyance of treated
water to Outfall 001 with an HDPE liner. Any material that is removed from the
discharge pipeline during this process shall be placed in the Reactivation Cell (see
Condition 25). [20.6.2.3106.C (7) NMAC]
STP and Backup Septic Tank/Leach Field

16. The Permittee shall utilize the STP for treatment of all Mt. Taylor Mine related sanitary
waste, except for time periods when the STP is being serviced, during which time the
Permittee may use the backup septic tank/leach field, subject to Condition 17.
[20.6.2.3106.C (7) NMAC]
17. The Permittee shall not discharge waste water from showers, sinks, or laundry to the
backup septic tank/leach field at any time after the Mt. Taylor Mine is placed into
production of ore. [20.6.2.3106.C (7) NMAC]
Ore Pad and Truck Wash

18. The Permittee shall remove all ore that currently is on the existing ore pad to an offsite
licensed uranium mill or appropriately-permitted facility prior to initiation of ore pad
reconstruction (see Condition 20). [20.6.2.3106.C (7) NMAC]
19. Prior to initiation of mine production, the Permittee shall remove all contaminated soil
that currently overlies or underlies the existing ore pad, in which radium-226 + -228
activity exceeds five pCi/g above background. This contaminated soil shall be disposed
in the Reactivation Cell (see Condition 25). [20.6.2.3106.C (7) NMAC]
20. Prior to initiation of mine production, the Permittee shall construct a 10-acre ore pad with
a 60 mil HDPE liner or equivalent on a suitable subgrade (see Condition 31) that is
sloped at a 1% grade to drain run-off and any leachate to two catch basins, which drain to
the Ore Pad Run-off Retention Pond. The ore pad liner shall be covered with at least 1.5
feet of clay or clayey sand (i.e., CL, CH, or SC per U.S. Soil Conservation Service
classification) that shall be compacted to 95% Standard Proctor density (ASTM D-698),
over which shall be emplaced a travel course/drainage layer that is comprised of at least
one foot of free-draining material. [20.6.2.3106.C (7) NMAC]
21. The Permittee shall construct and operate an Ore Pad Run-off Retention Pond with
double HDPE geomembrane liners (e.g., primary 60 mil/secondary 40 mil or their
equivalent) with an intercalated leak detection and collection system (e.g., 250 mil HDPE
geonet or an equivalent) that drains to a gravel-filled sump on a suitable subgrade (see
Condition 31). [20.6.2.3106.C (7) NMAC]
22. The Permittee shall store ore from Mt. Taylor Mine operations only on the 10-acre ore

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October 14, 2015

pad. [20.6.2.3106.C (7) NMAC]
23. The Permittee shall construct a truck wash on the ore pad that is designed in accordance
with guidance in EPA-816-F-01-024. All run-off and wash water from the truck wash
shall drain through sediment catch basins prior to entering the Ore Pad Run-off Retention
Pond. [20.6.2.3106.C (7) NMAC]
24. Any truck-washing operations associated with mining operations shall occur only on the
truck wash that will be constructed on the ore pad. All trucks and equipment that are
used to handle ore shall be washed in the truck wash prior to leaving the Mt. Taylor
Mine. [20.6.2.3106.C (7) NMAC]
South Waste Rock Pile

25. The Permittee shall construct a cell (i.e., Reactivation Cell) on the South Waste Rock Pile
for emplacement of contaminated sediments that are excavated from ponds and
contaminated soil from the ore pad during Mt. Taylor Mine reactivation. The cell shall
be constructed with a minimum one-foot thick clay liner and cover system designed and
installed in accordance with Condition 32. [20.6.2.3106.C (7) NMAC]
26. The Permittee shall cap the Reactivation Cell constructed for emplacement of
contaminated sediments (see Condition 25) with a clay cap designed and installed in
accordance with Condition 32, i.e., a minimum of one-foot thickness or greater as
necessary to reduce radon emissions to equal or less than 20 picocuries per square meter
per second within 90 days following completion of contaminated sediments
emplacement. Following cap emplacement, the Permittee shall cover the Reactivation
Cell with a minimum of at least 12 inches of native soil fill. [20.6.2.3106.C (7) NMAC]
Stormwater Management

27. The Permittee shall divert off-site stormwater away from its facility through employment
of Best Management Practices so as to minimize stormwater contact with contaminated
materials either produced from or utilized in the Mt. Taylor Mine operations.
[20.6.2.3106.C (7) NMAC]
28. The Permittee shall direct all on-site stormwater run-off that is potentially-impacted by
Mine operations from surface facilities to collection systems for evaporation or treatment.
[20.6.2.3106.C (7) NMAC]
29. The Permittee shall construct the South Stormwater Retention Pond with a minimum
two-foot thick clay liner that is designed and installed in accordance with Condition 32.
The Permittee shall emplace a layer of native soil fill of at least six inches thickness over
the clay liner. The Permittee shall install an electric motor and pump on floating platform
in a sump within the pond that shall transfer collected stormwater to pond #2 for
treatment through the MWTU. [20.6.2.3107.C (7) NMAC]
30. The Permittee shall install catch basins and connecting culverts from the east edge of the
South Waste Rock Pile to trap sediments and convey stormwater run-off to the South
Stormwater Retention Pond. [20.6.2.3106.C (7) NMAC]

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Liner and Cap Construction Quality Control and Construction Quality Assurance
31. The Permittee shall install all synthetic liners on a stable subgrade constructed in
accordance with either the liner manufacturer's specifications or the specifications of the
Fabricated Geomembrane Institute's "Subgrade Requirements for Fabricated
Geomembranes" (July 12, 2010), as appropriate. Construction quality control (CQC) and
construction quality assurance (CQA) plans shall be submitted to NMED for approval a
minimum of 30 days prior to beginning of construction and liner installation. Within 60
days following completion of construction and liner installation, a CQA report and asbuilt plans shall be submitted to NMED. [20.6.2.3106.C NMAC]
32. The Permittee shall install all clay liners and caps on a stable sub grade. If necessary, the
subgrade on which the clay liner or cap is placed should be compacted to eliminate soft
areas. The clay liner or cap material shall have a maximum saturated hydraulic
conductivity of 1 x 10-6 centimeters per second at 95 percent Standard Proctor density,
and shall be emplaced in lifts that shall be compacted by appropriate methods to form
interlocking lifts no greater than six inches thickness while achieving the density and
conductivity standards herein throughout each lift. If necessary, the clay liner or cap
material shall be preprocessed prior to use to include, at a minimum, elimination of large
pieces of organic or other deleterious matter, pulverization of clods of soil, removal of
oversized rocks, and homogenization of non-uniform material. CQC and CQA plans
shall be submitted to NMED for approval a minimum of 30 days prior to beginning of
construction of the clay liner. Within 60 days following completion of construction of
the clay liner, a CQA report and as-built plans shall be submitted to NMED.
[20.6.2.3106.C NMAC]

B. MONITORING AND INSPECTIONS
General
33. Unless otherwise approved in writing by NMED, the Permittee shall conduct all sampling
and analyses in accordance with the most recent edition of the following documents:
a) American Public Health Association, Standard Methods for the Examination of
Water and Wastewater;
b) U.S. Environmental Protection Agency, Methods for Chemical Analysis of
Water and Waste;
c) U.S. Geological Survey, Techniques for Water Resource Investigations of the
U.S. Geological Survey;
d) American Society for Testing and Materials, Annual Book of ASTM Standards,
Part 31, Water;
e) Latest methods published for monitoring pursuant to Resource Conservation '
and Recovery Act regulations, Federal Register; and
f) U.S. Geological Survey, et al., National Handbook of Recommended Methods
for Water Data Acquisition. [20.6.2.3107 .B NMAC]
34. The Permittee shall document inspections and resulting maintenance of the following
facilities in accordance with the schedules shown:
a) IX Plant, Mo/Se treatment plant, and barium chloride tanks daily; and

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Discharge Permit-6 l/Mt. Taylor Mine
October 14, 2015

b) The entire length of all storm- and surface-water diversion channels, the South
Stormwater Retention Pond, the Ore Pad Run-off Retention Pond, and all
associated structures for physical evidence of erosion and other damage that
may compromise the integrity of the stormwater management system at least
once every quarter and immediately following storm events of one inch or
greater during any 24-hour period. [20.6.2.3107 .A (9) NMAC]
35. The Permittee shall monitor daily site-specific meteorological conditions. At a
minimum, meteorological data that will be recorded shall include precipitation amounts
and date of occurrence, air temperature, wind speed, and wind direction. The Permittee
shall maintain record of these data on-site. [20.6.2.3107.A (6) NMAC]
Mine Water Treatment Unit

36. At least 60 days prior to the initiation of dewatering operations, the Permittee shall
submit for NMED approval a plan to monitor influent ground water quality from the
Westwater Canyon member to the MWTU in order to establish operating baseline water
quality for treatment through the MWTU. [20.6.2.3103 NMAC]
37. Prior to operation of the MWTU, the Permittee shall install tensiometers with pressure
transducers at each of the four comers of the mixing tanks associated with the barium
chloride feed system. The Permittee shall monitor these tensiometers quarterly to detect
leakage from these tanks. [20.6.2.3106.C (7) NMAC]
38. The Permittee shall collect daily eight-hour composite samples, with additional duplicate
sample bottles for third party assay, from the tail IX column of each active IX train. The
composite samples shall be comprised of samples that are collected hourly by automatic
samplers. These samples shall be analyzed on-site for uranium concentrations with a
Kinetic Phosphorescence Analyzer (KPA) in accordance with the ASTM D5174
standard. The duplicate sample shall be analyzed at an accredited laboratory.
[20.6.2.3107.A (1) NMAC]
39. The Permittee shall collect daily eight-hour composite samples, with additional duplicate
sample bottles for third party assay by an independent accredited laboratory, from the tail
Mo/Se column of each active Mo/Se treatment train. The composite samples shall be
comprised of samples that are collected hourly by automatic samplers.
a) Samples shall be analyzed on-site for Mo with an inductively coupled plasmaatomic emission spectrometer (ICP-AES) in accordance with EPA Method
200. 7 and achieve an analysis detection limit of 10 micrograms/liter (µg/l) or
less; and
b) Samples shall be analyzed on-site for Se with an inductively coupled plasmamass spectrometer (ICP-MS) with a cyclic redundancy (CRC) detector in
accordance with EPA Method 200.8 and achieve analysis detection limit of 0.25
µg/l or less. [20.6.2.3107 .A (1) NMAC]
40. The Permittee shall collect and analyze grab samples every eight hours from each lead
and tail IX and Mo/Se column to determine when resin or media change-out respectively
is necessary in order maintain discharge water quality to the numerical standards
promulgated in 20.6.2.3103 NMAC. [20.6.2.3107 .A (1) NMAC]

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41. The Permittee shall collect at least one daily grab sample of treated water from the main
discharge pipeline from the MWTU to Outfall 001, which shall be analyzed for radium
activity. [20.6.2.3107 .A (1) NMAC]
42. The Permittee shall collect and analyze quarterly grab samples of treated water from the
main discharge pipeline from the MWTU to Outfall 001, which shall be analyzed for the
dissolved concentrations of the constituents listed in Table 1 by an accredited laboratory.
[20.6.2.3107.A (1) NMAC]
43. The Permittee shall record the weight of contaminant-loaded IX resin in each of the
loaded resin storage tanks on a weekly schedule. [20.6.2.3107.A (6) NMAC]
44. The Permittee shall record the following fluid movement data:
a) Volume and average daily rate of water extracted from each dewatering well
and shaft;
b) Volume and average daily in-flow rate to the IX Plant;
c) Volume of water pumped from underground workings that is recycled for Mt.
Taylor Mine process uses; and
d) Volume and average daily rate of treated water discharged at Outfall 001.
[20.6.2.3107.A (6) NMAC]
Ponds

45. During the first year of Mine operations, following any rainfall event that results in
stormwater accumulation sufficient to collect stormwater samples, but no more
frequently than weekly, the Permittee shall collect a sample from the South Stormwater
Retention Pond for analysis at an accredited laboratory for the constituents specified in
Table 2. At NMED' s discretion, the duration of this monitoring requirement may be
extended. [20.6.2.3107 .A (8) NMAC]
46. The Permittee shall monitor pond leak detection and collection systems in ponds #1
through #5 and #8 on a weekly schedule, recording the depth of water that has collected
in the sump of each pond and the calculated leakage rate as applicable. [20.6.2.3107 .A
(8)NMAC]
47. The Permittee shall record the freeboard level of each pond on a weekly schedule.
[20.6.2.3107 .A (8) NMAC]
48. The Permittee shall collect quarterly samples from the first two ponds in the MWTU
process that throughout the quarter were predominantly used for discharge of untreated
mine water and from ponds #6 and #7 that are used for discharge of water from the
barium chloride treatment system, for analysis of the constituents listed in Table 1 at an
accredited laboratory for at least the first two years of mining operations. Following
establishment of baseline conditions, the Permittee may request a reduction in this
monitoring requirement. [20.6.2.3107 .A (8) NMAC]
Sanitary Treatment Plant

49. The Permittee shall record the monthly volume of effluent discharged from the STP.
[20.6.2.3107.A (6) NMAC]

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50. If the Permittee must clean-out and dispose of sewage sludge from the STP, the Permittee
shall analyze this sludge for selenium, uranium, molybdenum and total radium-226 + 228, and make such analyses available both to NMED and to an appropriately-licensed
disposal facility at the time of disposal. [20.6.2.3106.C (7) NMAC]

Operational Ground Water Monitoring
51. The Permittee shall measure water levels to within 0.01 foot in the alluvial monitoring
wells listed in Table 3 on a quarterly schedule. If water is present in any of these wells,
the Permittee shall attempt to collect a sample for analysis of the constituents listed in
Table 2 at an accredited laboratory. [20.6.2.3107.A (3) and 20.6.2.3107.A (8) NMAC]
52. Within 60 days of achieving dewatered conditions in the underground workings, the
Permittee shall submit a proposal to monitor water quality in the Point Lookout aquifer to
NMED for review, which shall include at a minimum those wells being used for potable
water supply at the Mt. Taylor Mine. [20.6.2.3107.A (8) NMAC]

C. GROUNDWATERABATEMENT
53. Ground water standards as promulgated under 20.6.2.3103 NMAC have been exceeded
as a result of discharges from past Mine operations. A Stage 2 abatement plan to address
this contamination was approved by NMED in 2011, all provisions of which are herein
incorporated into this Discharge Permit. [20.6.2.4101 NMAC]
54. Within 120 days of either the effective date of this Discharge Permit or approval of Mine
Permit C1002RE/Revision 13-2, whichever occurs last, the Permittee shall submit a plan
and associated implementation schedule in which, within 180 days of NMED' s approval
of this plan, the Permittee would synthetically double-line one MWTU pond and
commence pumping of wells MW-6 and WP-5, with discharge of the recovered water to
the lined pond for evaporation. Once the MWTU is operational, this contaminated
ground water shall be treated in the MWTU for disposal through Outfall 001.
[20.6.2.4101 NMAC]
55. In the event that monitoring indicates that the extent and/or magnitude of existing ground
water contamination are increasing significantly, the Permittee shall notify NMED within
five days of discovery; if NMED discovers such an increase, it will notify the Permittee.
In either case, the Permittee shall collect a confirmatory sample from the monitoring
well(s) within 15 days of discovery or notification to confirm the initial sampling results.
If the finding is confirmed by sampling, within 60 days the Permittee shall submit to
NMED for approval an abatement plan, which includes a site investigation to define the
source, nature, and extent of contamination; a proposed abatement option, and a schedule
for its implementation. The site investigation and abatement option shall be consistent
with the requirements and provisions of 20.6.2.4101through20.6.2.4115 NMAC. Upon
NMED approval, the Permittee shall implement the approved abatement plan in
accordance with the included implementation schedule. [20.6.2.4101 to 20.6.2.4115
NMAC]

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D. REPORTING
General
56. The Permittee shall submit workplans for the activities required under Conditions 8 and
19 herein to NMED for review and approval a minimum of 60 days prior to
implementation. The submittals shall include, but not be limited to, proposed quality
control measures that the Permittee shall implement both during and following these
activities to ensure and document the removal of all radioactively-contaminated
materials. Following the completion of the activities specified in the referenced
Conditions, the Permittee shall submit reports on follow-up quality control surveys that
shall be conducted in accordance with the approved workplans to NMED for review and
approval. [20.6.2.3107 .A (8) NMAC]

Quarterly Reports
57. The Permittee shall submit one paper and one electronic copy of a quarterly report to
NMED that includes information specified in Conditions 58 and 59. The submittal
schedule for these reports shall be as follows:
a)
b)
c)
d)

April 30th, for information collected between January 1st and March 31st;
July 31st, for information collected between April 1st and June 30th;
October 30th, for information collected between July 1st and September 30th; and
January 30th, for information collected between October 1st and December 31st.
[20.6.2.3107 .A (8) NMAC]

58. The quarterly report shall include, but not be limited to, the following tabulated
information:
a) Quantities of contaminated sediments removed from ponds (see Condition 8)
and the ore pad (see Condition 19) and placed into the Reactivation Cell, as
applicable;
b) Baseline monitoring data from influent ground water quality from the
Westwater Canyon member to the MWTU (see Condition 36);
c) Results of uranium sample analyses by KP A and an accredited laboratory from
daily eight-hour samples that are composited from the tail IX column of each
active IX train (see Condition 38);
d) Analytical results by on-site and accredited laboratories for Mo/Se samples
from daily eight-hour composite samples that are composited from the tail
column of each active treatment train (see Condition 39);
e) Analytical results from grab samples collected from lead and tail IX and Mo/Se
treatment columns (see Condition 40);
t) Analytical results for radium from daily grab samples from the main discharge
pipeline from the MWTU to Outfall 001 (see Condition 41);
g) Analytical results of treated water discharged to Outfall 001 (see Condition 42);
h) Weekly record of the contaminant-loaded IX resin weight in each loaded resin
storage tank (see Condition 43);
i) Fluid movement data (see Condition 44);
j) Analytical results from samples collected from the South Stormwater Retention
Pond (see Condition 45), as appropriate;

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Discharge Permit-61/Mt. Taylor Mine
October 14, 2015

k) W eeldy measurements of the depth of water accumulated in the sumps of ponds
with leak detection and collection systems (see Condition 46);
1) Weekly freeboard level for each pond (see Condition 47);
m) Analytical data for active pond sampling (see Condition 48);
n) Quarterly STP effluent discharged through Outfall 001 (see Condition 49); and
o) Alluvial monitoring data (see Condition 51). [20.6.2.3107.A (8) NMAC]
59. The quarterly report shall include, but not be limited to, narrative summaries of the
following information:
a) Pipeline movements, removal, repairs, and closures, including the date,
approximate location and length of the affected pipeline;
b) Any conditions requiring maintenance, which are documented during mandated
inspections, as well as completed or proposed activities to address the identified
deficiencies (see Condition 34);
c) Results from tensiometer monitoring from the previous quarter (see Condition
37);
d) Pond leakage in excess of the respective Action Leakage Rate, as well as
activities undertaken or planned to address the deficiency (see Condition 2 and
12);
e) Well abandonment (see Condition 61 ), rehabilitation or drilling; and
f) Significant changes in discharge volume and daily flow rates from the preceding
quarterly report. [20.6.2.3107 .A (8) NMAC]

E. CONTINGENCIES
60. For any pond leak detection and collection system in which the Permittee confirms a
leakage rate that exceeds the respective pond Action Leakage Rate (see Condition 2 for
definition), the Permittee shall perform the following actions:
a) Inform NMED by telephone within 24 hours of confirmation; and
b) Immediately discontinue operational use of the impaired pond, and transfer
fluids to another pond or NMED-approved containment until either the pond
liner is repaired or the pumpback equipment is upgraded, as approved by
NMED. [20.6.2.3107 NMAC]
61. The Permittee shall notify NMED as soon as practical in the event of unintentional well
destruction or damage requiring well abandonment, or other proposed well abandonment.
The Permittee shall plug and abandon all borings and monitoring wells in accordance
with NMED, March 2011 ("Monitoring well construction and abandonment conditions"
rev. 1.1) or the most current update to these conditions, and the regulations in 19.27.7
NMAC that have been issued by the New Mexico Office of the State Engineer, unless an
alternative method is approved. A report documenting abandonment details, including
volumes of materials used, composition of plugging material, and methods shall be
submitted to NMED within 30 days of well abandonment completion. [20.6.2.3107.A (8)
NMAC]
62. In the event that information available to NMED indicates that a monitoring well(s) is not
constructed in a manner consistent with NMED, March 2011 or the most current update
to these guidelines; contains insufficient water to effectively monitor ground water

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October 14, 2015

quality due to well construction or location; or is not completed in a manner that is
pro.tective of ground water quality, the Permittee shall install a replacement well(s) within .
120 days following notification from NMED.
The Permittee shall survey the replacement monitoring well(s) within 150 days following
notification from NMED.
Replacement monitoring well location(s) shall be approved by NMED prior to
installation and completed in accordance with NMED, March 2011 or the most current
update to these guidelines. The Permittee shall submit construction and lithologic logs,
survey data, and an up to date ground water elevation contour map for the aquifer in
which the replacement monitoring well is completed to NMED within 60 days following
monitoring well completion.
Upon completion of the replacement monitoring well(s), the monitoring well(s) requiring
replacement shall be properly plugged and abandoned. Well plugging, abandonment, and
documentation of the abandonment procedures shall be completed in accordance with
NMED, March 2011 or the most current update to these guidelines, and all applicable
local, state, and federal regulations. The well abandonment documentation shall be
submitted to NMED within 60 days of well plugging activities. [20.6.2.3107 .A NMAC]
63. In the event that NMED or the Permittee identifies any failures of the discharge plan or
this Discharge Permit not specifically noted herein, NMED may require the Permittee to
submit a corrective action plan and a schedule for completion of corrective actions to
address the failure(s). Additionally, NMED may require a Discharge Permit modification
to achieve compliance with 20.6.2 NMAC. [20.6.2.3107.A and 20.6.2.3109.E NMACj
64. In the event that a release (commonly known as a "spill") occurs that is not authorized
under this Discharge Permit, the Permittee shall take measures to mitigate damage from
the unauthorized discharge and initiate the notifications and corrective actions required in
20.6.2.1203 NMAC and summarized below:
a) Within 24 hours following discovery of the unauthorized discharge, the
Permittee shall verbally notify NMED and provide the following information:
1) The name, address, and telephone number of the person or persons in charge
of the facility, as well as of the owner and/or operator of the facility;
2) The name and address of the facility;
3) The date, time, location, and duration of the unauthorized discharge;
4) The source and cause of the unauthorized discharge;
5) A description of the unauthorized discharge, including its estimated
chemical composition;
6) The estimated volume of the unauthorized discharge; and
7) Any actions taken to mitigate immediate damage from the unauthorized
discharge.
b) Within one week following discovery of the unauthorized discharge, the
Permittee shall submit written notification to NMED that verifies the prior
verbal notification and provides any corrections or additional information to that
earlier report.
c) Within 15 days after the discovery of the spill or release, the Permittee shall
submit a corrective action report to NMED that includes the following:

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October 14, 2015

1) A description of proposed actions to mitigate damage from the unauthorized
discharge;
2) A description of proposed actions to prevent future unauthorized discharges
of this nature; and
3) A schedule for completion of proposed actions.
In the event that the unauthorized discharge causes or may with reasonable probability
cause water pollution in excess of the standards and requirements of Section 20.6.2.4103
NMAC, and the water pollution will not be abated within 180 days after notice is
required to be given pursuant to Paragraph (1) of Subsection A of 20.6.2.1203 NMAC,
the Permittee may be required to abate water pollution pursuant to Sections 20.6.2.4000
through 20.6.2.4115 NMAC. Nothing in this condition shall be construed as relieving the
Permittee of the obligation to comply with all requirements of Section 20.6.2.1203
NMAC. [20.6.2.1203 NMAC]

F. TEMPORARY SUSPENSION OF OPERATIONS, SITE CLOSURE, AND POSTCLOSURE MONITORING
65. The Permittee shall notify NMED in writing of its intention to suspend temporarily,
resume, or terminate permanently mining operations at least 30 days in advance of
initiating such actions. [20.6.2.3107.A (6) NMAC]
66. For any future temporary suspension of mining operations that will last for more than 180
days, the Permittee shall submit to NMED a plan and schedule for removal of all ore
material on the ore pad. [20.6.2.3106.C NMAC]
67. Within 30 days of its notification to NMED of its intent to permanently terminate mining
operations under Condition 65, the Permittee shall submit a proposal to NMED for postclosure ground water monitoring of the Point Lookout, Tres Hermanos, Dakota, and
Westwater Canyon aquifers. [20.6.2.3107.A (6) NMAC]
68. The Permittee shall conduct Mt. Taylor Mine closure activities in accordance with the
State-approved closure plan. [20.6.2.3107 .A (11) NMAC]
69. Following final termination of mining operations, the Permittee shall continue monitoring
in accordance with Condition 51 and from wells identified in Condition 67, and report
the results in accordance with Condition 58 until the Permittee is notified in writing by
NMED that it may discontinue such monitoring. [20.6.2.3107.A (4) NMAC]
70. Following notification from NMED that post-closure monitoring may cease, the
Permittee shall plug and abandon all remaining wells, excepting those excluded in the
approved closure plan, in accordance with NMED, March 2011 or the most current
update to these guidelines and the regulations issued by the New Mexico Office of the
State Engineer in 19.27.4 NMAC. [20.6.2.3107.A (11) and 20.6.2.4107.C NMAC]
71. When all post-closure requirements have been met, the Permittee may request in writing
to terminate this Discharge Permit. [20.6.2.3107.A (11) NMAC]
G. FINANCIAL ASSURANCE
72. The Permittee shall maintain the existing joint financial assurance with NMED and the

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Discharge Pennit-61/Mt. Taylor Mine
October 14, 2015

Mining and Minerals Division of the New Mexico Energy, Minerals and Natural
Resources Department to cover costs associated with post-closure monitoring,
maintenance, and corrective actions as required under this Discharge Permit.
[20.6.2.3107.A (11) NMAC]
H. GENERAL TERMS AND CONDITIONS
Recordkeeping

73. The Permittee shall maintain a written record of the following information:
a) Information and data used to complete the application for this Discharge Permit;
b) Records of any releases (commonly known as "spills") not authorized under this
Discharge Permit and reports submitted pursuant to 20.6.2.1203 NMAC;
c) Records of the operation, maintenance, and repair of all facilities/equipment
used to treat, store, or dispose of wastewater;
d) Copies of monitoring reports completed and/or submitted to NMED pursuant to
the Discharge Permit;
e) The volume of wastewater or other wastes discharged pursuant to this Discharge
Permit;
f) Ground water quality and wastewater quality data collected pursuant to this
Discharge Permit;
g) Copies of construction records (well logs) for all ground water monitoring wells
required to be sampled pursuant to workplans developed under this Discharge
Permit;
h) Records of the maintenance, repair, replacement, or calibration of any
monitoring equipment or flow measurement devices required under workplans
developed pursuant to this Discharge Permit;
i) Data and information related to field measurements, sampling, and analysis
conducted pursuant to this Discharge Permit. The following information shall
be recorded and shall be made available to NMED upon request:
1) The dates, location, and times of sampling or field measurements;
2) The name and job title of the individuals who performed each sample
collection or field measurement;
3) The sample analysis date of each sample;
4) The name and address of the laboratory, and the name of the signatory
authority for the laboratory analysis;
5) The analytical technique or method used to analyze each sample or collect
each field measurement;
6) The results of each analysis or field measurement, including raw data;
7) The results of any split, spiked, duplicate, or repeat sample; and
8) A copy of the laboratory analysis chain-of-custody as well as a description
of the quality assurance and quality control procedures used.
The written record shall be maintained for a period of at least five years from the date of
application, report, collection, or measurement and shall be made available to NMED
upon request. [20.6.2.3107 .A NMAC]

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Inspection and Entry

74. The Permittee shall allow inspection by NMED of the facility and its operations that are
subject to this Discharge Permit and the WQCC regulations. NMED may, upon
presentation of proper credentials, enter at reasonable times upon or through any
premises in which a water contaminant source is located or in which are located any
records required to be maintained by regulations of the federal government or the
WQCC. The Permittee shall allow NMED to have access to and reproduce for their use
any copy of the records, and to perform assessments, sampling, or monitoring during an
inspection for the purpose of evaluating compliance with this Discharge Permit and the
WQCC regulations. Nothing in this Discharge Permit shall be construed as limiting in
any way the inspection and entry authority of the NMED under the WQA, the WQCC
Regulations, or any other applicable law or regulation. [20.6.2.3107 .D NMAC; NMSA
1978, §§ 74-6-9.B and 74-6-9.E]
Duty to Provide Information

75. The Permittee shall, upon NMED's request, allow NMED's inspection/duplication of
records required by this Discharge Permit and/or furnish to NMED copies of such
records. [NMSA 1978, § 74-6-5.D, 20.6.2.3109.B NMAC 20.6.2.3107.D NMAC,
NMSA 1978, §§ 74-6-9.B and 74-6-9.E]
Modifications/Amendments

76. In the event the Permittee proposes a change to the facility or the facility's discharge that
would result in a significant increase in the volume discharged; or change in the location
of the discharge; or significant change in the amount or character of water contaminants
received, treated or discharged by the facility, the Permittee shall notify NMED prior to
implementing ,such changes. The Permittee shall obtain approval (which may require
modification of this Discharge Permit) by NMED prior to implementing such changes.
[NMSA 1978, § 74-6-5.D, 20.6.2.3109.E NMAC, 20.6.2.3107.C NMAC]
Plans and Specifications

77. In the event the Permittee is proposing to construct a wastewater system or change a
process unit of an existing system such that the quantity or quality of the discharge will
change substantially from that authorized by this Discharge Permit, the Permittee shall
submit construction plans and specifications to NMED for the proposed system or
process unit prior to the commencement of construction.
In the event the Permittee implements changes to the wastewater system authorized by
this Discharge Permit which result in only a minor effect on the character of the
discharge, the Permittee shall report such changes (including the submission of record
drawings, where applicable) as of January 1 and June 30 of each year to NMED. [NMSA
1978, § 74-6-5.D, 20.6.2.3109.B NMAC, 20.6.2.1202 NMAC]

Civil Penalties

78. Any violation of the requirements and conditions of this Discharge Permit, including any
failure to allow NMED staff to enter and inspect records or facilities, or any refusal or

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 Rio Grande Resources Corporation
Discharge Pennit-61/Mt. Taylor Mine
October 14, 2015

failure to provide NMED with records or information, may subject the permittee to a civil
enforcement action. Pursuant to WQA 74-6-lO(A) and (B), such action may include a
compliance order requiring compliance immediately or in a specified time, assessing a
civil penalty, modifying or terminating the Discharge Permit, or any combination of the
foregoing; or an action in district court seeking injunctive relief, civil penalties, or
both. Pursuant to WQA 74-6-lO(C) and 74-6-10.1, civil penalties of up to $15,000 per
day of noncompliance may be assessed for each violation of the WQA 74-6-5, the
WQCC Regulations, or this Discharge Permit, and civil penalties of up to $10,000 per
day of noncompliance may be assessed for each violation of any other provision of the
WQA, or any regulation, standard, or order adopted pursuant to such other provision. In
any action to enforce this Discharge Permit, the Permittee waives any objection to the
admissibility as evidence of any data generated pursuant to this Discharge
Permit. [NMSA 1978, §§ 74-6-5, 74-6-10, and 74-6-10.1]
Criminal Penalties

79. No person shall:
a) make any false material statement, representation, certification or omission of
material fact in an application, record, report, plan or other document filed,
submitted or required to be maintained under the WQA;
b) falsify, tamper with or render inaccurate any monitoring device, method or
record required to be maintained under the WQA; or
c) fail to monitor, sample or report as required by a permit issued pursuant to a
state or federal law or regulation.
Any p~rson who knowingly violates or knowingly causes or allows another person to
violate the requirements of this condition is guilty of a fourth degree felony and shall be
sentenced in accordance with the provisions of NMSA 1978, § 31-18-15. Any person
who is convicted of a second or subsequent violation of the requirements of this condition
is guilty of a third degree felony and shall be sentenced in accordance with the provisions
of NMSA 1978, § 31-18-15. Any person who knowingly violates the requirements of
this condition or knowingly causes another person to violate the requirements of this
condition and thereby causes a substantial adverse environmental impact is guilty of a
third degree felony and shall be sentenced in accordance with the provisions of NMSA
1978, § 31-18-15. Any person who knowingly violates the requirements of this condition
and knows at the time of the violation that he is creating a substantial danger of death or
serious bodily injury to any other person is guilty of a second degree felony and shall be
sentenced in accordance with the provisions ofNMSA 1978, § 31-18-15. [NMSA 1978,
§§ 74-6-10.2.A through 74-6-10.2.F]
Compliance with Other Laws

80. Nothing in this Discharge Permit shall be construed in any way as relieving the Permittee
of the obligation to comply with all applicable federal, state, and local laws, regulations,
permits or orders. [20.6.2 NMAC]
Right to Appeal

81. The Permittee may file a petition for review before the WQCC on this Discharge Permit.

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 Rio Grande Resources Corporation
Discharge Pennit-61/Mt. Taylor Mine
October 14, 2015

Such petition shall be in writing to the WQCC within thirty days of the receipt of postal
notice of this Discharge Permit and shall include a statement of the issues to be raised and
the relief sought. Unless a timely petition for review is made, the decision of NMED
shall be final and not subject to judicial review. [NMSA 1978, § 74-6-5.0]

Transfer of Discharge Permit
82. Prior to the transfer of any ownership, control, or possession of this facility or any portion
thereof, the Permittee shall:
a) notify the proposed transferee in writing of the existence of this Discharge
Permit;
b) include a copy of this Discharge Permit with the notice; and
c) deliver or send by certified mail to NMED a copy of the notification and proof
that such notification has been received by the proposed transferee.
Until both ownership and possession of the facility have been transferred to the
transferee, the Permittee shall continue to be responsible for any discharge from the
facility. [20.6.2.3111 NMAC]

Permit Fees
83. Payment of permit fees is due at the time of Discharge Permit approval. Payments shall
be remitted to NMED no later than 30 days after the Discharge Permit effective date.
Permit fees are associated with issuance of this Discharge Permit. Nothing in this
Discharge Permit shall be construed as relieving the Permittee of the obligation to pay all
permit fees assessed by NMED. A Permittee that ceases discharging or does not
commence discharging from the facility during the term of the Discharge Permit shall
pay all permit fees assessed by NMED. An approved Discharge Permit shall be
suspended or terminated if the facility fails to remit an installment payment by its due
date. [20.6.2.3114.F NMAC; NMSA 1978, §74-6-5.K]

Term
84. The term of this Discharge Permit is five years; the Permit will automatically expire five
years from the date it is issued. To renew this Discharge Permit, the Permittee must
submit an application for renewal at least 120 days before that date. [20.6.2.3109 .H (4)
NMAC]

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 Rio Grande Resources Corporation
Discharge Permit-61/Mt. Taylor Mine
October 14, 2015

EFFECTIVE DATE
TERM ENDS
7

~J

October 14, 2015

~~~~~~~---~--~~~~~~~~~-

October 14, 2020

~
Af-t:u.cl

Trais Kliphu'fs~·~ciOr
Water Protection Division
New Mexico Environment Department

Under authority delegated by the Secretary of the New Mexico Environment Department.

TK/dlm

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 Rio Grande Resources Corporation
Discharge Pennit-61/Mt. Taylor Mine
October 14, 2015

Table 1: Analytes for MWTU monitoring
Analyte

pH
Total radium-226 + radium-228
Uranium
Zinc
Aluminum
Boron
Cadmium
Chromium
Cobalt
Copper
Mercury
Molybdenum
Selenium
Arsenic
Barium
Fluoride
Lead
Chloride
Sulfate
Nitrate (N03 as N)
Manganese
Total dissolved solids

Ground water standard
promulgated in
20.6.2.3103 NMAC'*t
6. 0 -- 9. 0 standard units
30 pCi/l
0.03
10.0
5.0
0.75
0.01
0.05
0.05
1.0
0.002
1.0
0.05
0.1
1.0
1.6
0.05
250.0
600.0
10.0
0.2
1000.0

* All units mg/I unless otherwise noted
t The Permittee is responsible for complying with the numerical standards promulgated in

20.6.2.3103 NMAC for all constituents in its discharge.

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 Rio Grande Resources Cmporation
Discharge Permit-61/Mt. Taylor Mine
October 14, 2015

Table 2: Analytes for alluvial aquifer ground water monitoring and stormwater
monitoring
Uranium
Total radium-226 + radium-228
Selenium
Chloride
Molybdenum
Sulfate
Total dissolved solids
Benzene, toluene, ethylbenzene,
and xylene*
Nitrater

*Not required for "OFMW" (see Table 3) or abatement (see Table 4) wells
tRequired only for abatement wells (see Table 4)

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 Rio Grande Resources Corporation
Discharge Perrnit-61/Mt. Taylor Mine
October 14, 2015

Table 3: Operational alluvial aquifer monitoring wells
South Waste Rock Pile monitoring well

Well no.
MW-6

State Plane Coordinates
(NAD83)
North
I East
1578620 I 27822473

MWTU ponds monitoring wells

Well no.
MW-1
MW-2
MW-3

State Plane Coordinates
(NAD83)
North
East
2781541
1580484
1570191
2781538
1580976
2781545

Outfall 001 monitoring wells

Well no.
OFMW-02
OFMW-03
OFMW-04

Table 4:

State Plane Coordinates
(NAD83)
North
East
1601073
2780925
1601250
2781000
1601914
2781403

Stage 2 Abatement alluvial aquifer monitoring wells (Metric Corporation, August
2010; Stage 2 Abatement Plan)

Well no.
WP-4
WP-5
MW-4
MW-5

State Plane Coordinates
(NAD83)
North
East
1578330
2781527
2781545
1578790
1578580
2781050
1579062
2781556

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