reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 3 - PERMITS FOR SPECIAL CATEGORIES OF SURFACE COAL MINING › Section 3-3 - Coal In Situ Processing Activities

Current through July 13, 2024
Applications for a permit to conduct coal in situ processing
				  activities shall comply with the Act, regulations contained in Chapter 18, and
				  describe the manner in which the applicant proposes to comply with the
				  requirements of Chapter 5, Section
				  4 and Chapter 7.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 3 - PERMITS FOR SPECIAL CATEGORIES OF SURFACE COAL MINING › Section 3-4 - Combined Surface and Underground Mining Operations

Current through July 13, 2024
(a)
				Applications for a permit to conduct combined surface and underground mining
				operations which propose a delay in the contemporaneous reclamation requirement
				shall otherwise meet the requirements of the Act and the regulations
				promulgated pursuant thereto, and, in addition:
(i) Show how multiple future disturbances of
				surface lands or water will be avoided;
(ii) Show that the surface areas of surface
				mining activities proposed for the variance are necessary for implementing the
				specific and feasible proposed underground mining activities;
(iii) Identify the specific surface area for
				which a delay is requested; and
(iv) Demonstrate that no substantial adverse
				environmental damage will result from the delay in reclamation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 3 - PERMITS FOR SPECIAL CATEGORIES OF SURFACE COAL MINING › Section 3-5 - Auger Mining

Current through July 13, 2024
(a) Applications
				for a permit to conduct augering mining shall otherwise meet the requirements
				of the Act and regulations, and, in addition, contain:
(i) Appropriate technical information to
				determine whether the coal resources have been depleted or are limited in
				thickness or extent; and
(ii)
				Additional information necessary to show compliance with Chapter 5, Section
				6.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 3 - PERMITS FOR SPECIAL CATEGORIES OF SURFACE COAL MINING › Section 3-6 - Coal Preparation Plants

Current through July 13, 2024
(a) This Section
				applies to any person who operates or intends to operate a coal preparation
				plant, other than such plants which are located at the site of ultimate coal
				use. Any person who operates such a plant shall obtain a permit and a license
				from the Land Quality Division in accordance with the requirements of this
				Section.
(b) Any application for a
				permit for operations covered by this Section shall contain an operation and
				reclamation plan which specifies plans, including descriptions, maps, and
				cross-sections, of the construction, operation, maintenance, and removal of the
				preparation plant and support facilities. The plan shall demonstrate that the
				operations will be conducted in accordance with the applicable environmental
				protection performance standards of Chapter 4. This shall be documented in
				writing by the Administrator in any permit approval action by the Division. The
				license to mine requirements of W.S. §
									
										35-11-410 shall apply to such
				operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 4 - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 4-1 - General

Current through July 13, 2024
This Chapter sets forth the environmental protection
				  performance standards applicable to all coal mining operations. No mining
				  operation shall be conducted except in compliance with the requirements
				  hereof.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 4 - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 4-2 - General Environmental Protection Performance Standards

Current through July 13, 2024
(a) Land uses.
(i) Reclamation shall restore the land to a
				condition equal to or greater
than the "highest previous use." The land, after reclamation,
				  must be suitable for the previous use which was of the greatest economic or
				  social value to the community area, or must have a use which is of more
				  economic or social value than all of the other previous uses.
(ii) Operators are required to restore
				wildlife habitat, whenever the Administrator determines that this restoration
				is possible, on affected land in a manner commensurate with or superior to
				habitat conditions which existed before the land became affected, unless the
				land is private and the proposed use is for a residential or agricultural
				purpose which may preclude its use as wildlife habitat.
(iii) Water impoundments used for
				recreational purposes shall be constructed in accordance with the statutes and
				(g) of this Section. Recreational lands, other than water impoundments,
				represent changes in the land which may or may not be suitable for wildlife
				habitat.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-1 - Applicability

Current through July 13, 2024
The requirements of this Chapter, together with the general
				  performance standards in Chapter 4, apply to all operations described herein.
				  If a conflict occurs between any particular requirements of this Chapter and
				  any other Chapter of Land Quality Division Rules and Regulations, this Chapter
				  shall be controlling.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-2 - Prime Farmlands

Current through July 13, 2024
(a) Prime farmland
				soil removal, stockpiling and replacement.
(i) Soil materials to be used in the
				reconstruction of the prime farmland shall be removed before drilling,
				blasting, or mine related disturbances in a manner that prevents mixing or
				contaminating these materials with undesirable material.
(ii) The A soil horizon, then the B and C
				soil horizons, either separately or in combination, or other suitable material
				that will allow for reconstruction of a root zone of greater productive
				capability to that existing prior to mining must be separately removed and
				segregated. Where it is impractical to immediately replace the soil horizon
				material or other suitable materials, each horizon separately removed must be
				separately stockpiled and properly identified. The Administrator may approve a
				plan which does not provide for the separation of soil horizons if the
				application can document by acceptable scientific procedures that removal of
				all topsoil in one step would not diminish prime farmland restoration
				objectives.
(iii) During
				reconstruction of prime farmland soil, the C horizon material and then the B
				horizon material or a combination thereof shall be replaced first. The A
				horizon material shall be replaced as the surface layer unless the
				Administrator has approved an alternative segregation plan. Reconstruction of
				prime farmland soil shall include:
(A)
				Replacement of a minimum depth of 48 inches of soil and other approved plant
				growth materials or a depth equal to the depth of a subsurface horizon in the
				natural soil that inhibits root penetration, whichever is shallower. The
				Administrator may require a depth greater than 48 inches whenever necessary to
				restore productive capacity due to uniquely favorable soil horizons at greater
				depths. Soil horizons shall be considered to inhibit root penetration if their
				densities, chemical properties, or water holding capacities restrict or prevent
				penetration by roots of plants commonly grown in the vicinity of the permit
				area and have little or no beneficial effect on soil productive
				capacity.
(B) Replacement only on
				land which has been returned to a slope not to exceed premining conditions and
				scarified to reduce compaction of the graded spoil surface.
(C) Replacement in a manner that avoids
				excessive compaction, so that the pore space of the soil, after reconstruction,
				is of a size, distribution, and amount which allows a favorable rooting zone;
				minimizes soil erosion; and restores an available water holding capacity
				consistent with the premining soil condition.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-3 - Alluvial Valley Floors

Current through July 13, 2024
(a) Surface coal
				mining operations shall be conducted to preserve and reestablish throughout the
				mining and reclamation process those geologic, hydrologic and biologic
				characteristics that support the essential hydrologic functions, as identified
				during premining investigations or monitoring conducted during the surface coal
				mining and reclamation operation.
(b) Environmental monitoring:
(i) If environmental monitoring shows that a
				surface coal mining operation is interrupting, discontinuing, or precluding
				farming on alluvial valley floors or is causing material damage to water
				supplying alluvial valley floors not subject to the statutory exclusions of
				W.S. §
										
											35-11-406(n)(v), the
				operation shall immediately take remedial measures and report this condition to
				the Administrator within 24 hours.
(ii) An environmental monitoring system shall
				be installed, maintained and operated by the operator on all alluvial valley
				floors during surface coal mining and reclamation operations and continued
				until all bonds are released. The monitoring system shall provide sufficient
				information to show that the essential hydrologic functions of the alluvial
				valley floor are being preserved or reestablished.
(iii) All monitoring data collected and
				analyses thereof shall be provided in the annual report.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-4 - Coal In Situ Processing Activities

Current through July 13, 2024
(a) Coal in situ
				processing activities shall:
(i) Be planned
				and conducted to minimize disturbance to the prevailing hydrologic
				balance;
(ii) Avoid discharge of
				fluids into holes or wells, other than as approved by the
				Administrator;
(iii) Prevent
				discharge of process fluid into surface waters;
(iv) Conduct air and water quality monitoring
				programs as necessary to comply with appropriate Federal and State air and
				water quality standards; and
(v)
				Conduct all activities in accordance with the performance standards contained
				in Chapter 18, 4 and 7.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-5 - Combined Surface and Underground Mining Operations

Current through July 13, 2024
In addition to the requirements of Chapters 4 and 7, each
				  operator shall ensure that the vertical distance between combined surface and
				  underground mining activities working separate seams shall be sufficient to
				  provide for the health and safety of the workers and to prevent surface water
				  from entering the underground workings.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-6 - Auger Mining

Current through July 13, 2024
(a) Unless
				otherwise determined by the Administrator that the coal reserves make it
				impracticable to recover the remaining resource, the operator shall leave areas
				of undisturbed coal as approved by the Administrator to provide access for
				removal of those reserves by future underground mining.
(b) Auger mining may be limited or prohibited
				to minimize disturbance of the prevailing hydrologic balance, unwarranted
				subsidence, or if the prohibition is necessary to maximize the utilization,
				recoverability or conservation of the solid fuel resources.
(c) Each auger hole shall be capped, sealed,
				or plugged in accordance with Chapter 14, unless other management techniques
				are approved by the Administrator. Each auger hole shall be plugged within 72
				hours after completion if it is discharging water containing toxic-forming or
				acid-forming material by backfilling and compacting noncombustible and
				impervious material into the hole to a depth sufficient to form a watertight
				seal. Auger holes shall not be sealed with an impervious material if the
				Administrator determines that the resulting impounded water may create a hazard
				to the environment or public health or safety. Auger holes that are not
				discharging water, or if the discharging water does not contain toxic-forming
				or acid-forming material and will not pose a threat of pollution to groundwater
				as required by Chapter 4, Section
				2(c) (xiii), shall be
				backfilled as contemporaneously as practicable and will not require sealing
				with an impervious material.
(d)
				Subsidence control shall be provided as required by Chapter 7, Section
				2.
(e) Where auger mining operations are
				conducted in previously mined areas that were not reclaimed to the standards of
				Chapter 4, Section
				2(b), the reaffected lands
				shall be reclaimed in accordance with the requirements of Section
				7 of this Chapter. Any coal seam mined shall
				be covered with a minimum of four feet of nonacid and nontoxic-forming material
				and graded to a slope which is stable, compatible with the approved postmining
				land use, and provides drainage. The operator shall provide the Administrator a
				written demonstration, prepared by a qualified registered professional
				engineer, showing the fill has a minimum static safety factor of 1.3.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 5 - PERFORMANCE STANDARDS FOR SPECIAL CATEGORIES OF COAL MINING › Section 5-7 - Remining

Current through July 13, 2024
(a) Under the following conditions, the
				requirements in Chapter 4, Section
				2(b)(iv), requiring the
				elimination of highwalls shall not apply to operations which affect land
				disturbed by previous coal mining operations which were not reclaimed in
				accordance with the requirements of Chapter 4, Section
				2(b) (i.e., State Program
				requirements):
(i) Where the volume of all
				reasonably available spoil is demonstrated in writing to the Administrator to
				be insufficient to completely backfill the reaffected or enlarged highwall, and
				this condition is documented in writing by the Administrator, the highwall
				shall be eliminated to the maximum extent technically practical in accordance
				with the following criteria:
(A) All spoil
				generated by the remining operation and any other reasonably available spoil
				shall be used to backfill the area. Under this Section, "reasonably available
				spoil" means spoil located in the immediate vicinity of the remining operation,
				which shall be included in the permit area, that is accessible and available
				for use and that when rehandled will not cause a hazard to public safety or
				significant damage to the environment.
(B) The backfill shall be graded to a slope
				which is compatible with the approved postmining land use and which provides
				adequate drainage and long-term stability.
(C) Any portion of highwall that remains
				after backfilling and grading of the remining permit area shall be stable and
				not pose a hazard to the public health and safety or to the environment. The
				operator shall demonstrate to the Administrator that the remaining highwall is
				stable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 6 - BLASTING FOR SURFACE COAL MINING OPERATIONS › Section 6-1 - General

Current through July 13, 2024
(a) The permittee shall comply with all
				applicable State, local and Federal laws and regulations and the requirements
				of this Chapter in the use of explosives.
(b) Blasts that use more than five pounds of
				explosives or blasting agent shall be conducted according to the schedule
				required under Section
				3.
(c) All persons working with explosive
				material shall be, or be under the direct supervision of, an experienced,
				trained, and competent person who understands the hazards involved and who:
(i) Possesses current knowledge of the local,
				State and Federal laws and regulations applicable to this work; and
(ii) Has obtained a certificate of completion
				of training and qualification as required by State law.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 6 - BLASTING FOR SURFACE COAL MINING OPERATIONS › Section 6-2 - Preblasting Survey

Current through July 13, 2024
(a) On the request
				of a resident or owner of a man-made dwelling or structure that is located
				within one-half mile of any part of the area covered under the term of the
				permit, the applicant or permittee shall conduct a preblasting survey. The
				request may be made either directly to the applicant or permittee with
				confirming documents forwarded to the Administrator, or to the Administrator
				with confirming documents forwarded to the applicant or permittee. The operator
				shall promptly conduct a preblasting survey of the dwelling or structure and
				promptly prepare a written report of the survey. An updated survey of any
				additions, modifications, or renovations shall be performed by the operator if
				requested by the resident or owner. The operator shall determine the condition
				of the dwelling(s) and structure(s) and document any preblasting damage and
				other physical factors that could reasonably be affected by the blasting.
				Assessments of structures such as pipes, cables, transmission lines, and wells
				and other water systems shall be limited to surface condition and other readily
				available data. Special attention shall be given to the preblasting condition
				of wells and other water systems used for human, animal, or agricultural
				purposes and to the quantity and quality of the water.
(b) A written report of the survey shall be
				prepared and signed by the person who conducted the survey. The report shall
				include recommendations of any special conditions or proposed adjustments to
				the blasting procedures outlined in this Section which should be incorporated
				into the blasting plan to prevent damage. Copies of the report shall be
				provided to the person requesting the survey and to the Administrator. The
				person requesting the survey may submit any written disagreements he has with
				the results of the survey to the permittee and the Administrator.
(c) Any surveys requested more than three
				days before the planned initiation of blasting shall be completed by the
				operator before the initiation of blasting.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 6 - BLASTING FOR SURFACE COAL MINING OPERATIONS › Section 6-3 - Public Notice of Blasting Schedule

Current through July 13, 2024
(a) At least 30
				days, but not more than 60 days before beginning a blasting program in which
				more than five pounds of explosives or blasting agent are detonated, the
				permittee shall publish a blasting schedule in a newspaper of general
				circulation in the locality of the proposed site. Copies of the schedule shall
				be distributed by mail to local governments, public utilities and to each
				residence or owner of a man-made dwelling or structure within one-half mile of
				the blasting sites described in the schedule. The residents or owners within
				one-half mile shall also be notified of the manner for requesting a preblasting
				survey. The permittee shall republish and redistribute the schedule by mail at
				least every 12 months. The permittee also shall revise and republish the
				schedule at least 30 days, but not more than 60 days, prior to blasting
				whenever the area covered by the schedule changes or time periods significantly
				differ from the prior announcement. Blasting schedules shall identify as
				accurately as possible the location of the blasting sites and the time periods
				when blasting will occur. The blasting schedule shall contain at a minimum:
(i) Name, address and telephone number of the
				operator;
(ii) Identification of
				the specific areas in which blasting will take place;
(iii) Dates and time periods when explosives
				are to be detonated;
(iv) Methods
				to be used to control access to the blasting area; and
(v) Types and patterns of audible warnings
				and all-clear signals to be used before and after blasting.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 6 - BLASTING FOR SURFACE COAL MINING OPERATIONS › Section 6-4 - Blasting Standards

Current through July 13, 2024
(a) General.
(i) Blasting shall be conducted to prevent
				injury to persons, damage to public or private property outside the permit
				area, adverse impacts on any underground mine, and change in the course,
				channel, or availability of ground or surface waters outside the permit
				area.
(ii) All blasting shall be
				conducted during time approved by the Administrator and announced on the
				blasting schedule. Based on public requests or other considerations, including
				the proximity to residential areas, the Administrator may limit the area
				covered, timing and sequence of blasting. Blasting shall be conducted between
				sunrise and sunset unless night-time blasting is approved by the Administrator
				based on public protection and annoyance considerations.
(iii) Blasting may not be conducted at times
				different from those announced in the blasting schedule except in conditions
				where operator or public safety requires unscheduled detonation or for
				emergency blasting actions. Reasons for unscheduled detonation shall be
				documented.
(iv) Warning and
				all-clear signals of different character that are audible within a range of
				one-half mile from the point of the blast shall be given. All persons within
				the area covered under the term of permit and those who reside or regularly
				work within one-half mile of this same area shall be notified of the meanings
				of the signals in the blasting schedule.
(v) Area of control. Access to the blasting
				area shall be controlled to protect the public and livestock from the effects
				of blasting and to prevent unauthorized entry. Access control shall continue
				until the permittee's authorized representative has determined that no unusual
				circumstances such as imminent slides or undetonated charges exist and access
				to and travel in or through the area can safely resume.
(vi) Areas in which charged (loaded) holes
				are awaiting firing shall be guarded against unauthorized entry.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 6 - BLASTING FOR SURFACE COAL MINING OPERATIONS › Section 6-5 - Records of Blasting Operations

Current through July 13, 2024
(a) A record of
				each blast, including seismograph reports, shall be retained for at least three
				years and shall be available for inspection by the Administrator and the public
				on request. The record shall contain the following data:
(i) Name of permittee, operator, or other
				person conducting the blast;
(ii)
				Location, date and time of blast;
(iii) Name, signature, and certification
				number of blaster conducting the blast;
(iv) Identification, direction and distance,
				in feet, from the nearest blast hole to the nearest dwelling, public building,
				school, church, and community or institutional building outside the permit area
				neither owned nor leased by the permittee;
(v) Weather condition;
(vi) Type of material blasted;
(vii) Sketches of the blast pattern including
				number of holes, burden, spacing, decks and delay pattern;
(viii) Diameter and depth of holes;
(ix) Types of explosives used;
(x) Total weight of explosives used per
				hole;
(xi) Maximum weight of
				explosives detonated within any eight millisecond period;
(xii) Initiation system;
(xiii) Type and length of stemming;
(xiv) Mats or other protections
				used;
(xv) Seismograph and airblast
				records, where required, including:
(A) Type
				of instrument, sensitivity, and calibration signal or certification of annual
				calibration;
(B) Exact location of
				instrument and the date, time, and distance from the blast;
(C) Name of person and firm taking the
				seismograph reading;
(D) Name of
				person and firm analyzing the seismograph record; and
(E) The vibration and/or airblast level
				recorded,
(xvi) Reasons
				and conditions for each unscheduled blast.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 6 - BLASTING FOR SURFACE COAL MINING OPERATIONS › Section 6-6 - Blaster Certification

Current through July 13, 2024
(a) General.
(i) The Department of Environmental Quality,
				Land Quality Division and the State Inspector of Mines will jointly administer
				this Section by Memorandum of Understanding.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 7 - UNDERGROUND COAL MINING › Section 7-1 - Underground Coal Mining Permit Application Content Requirements

Current through July 13, 2024
(a) In addition to the requirements of W.S.
				§
									
										35-11-406, and the applicable regulations
				contained in Chapter 2, Section
				1, applications for a permit for underground
				coal mining operations shall contain all information required by Chapter 2,
				except Section
				5(a)(ix)(C),
				(E) and (xi), and as limited below:
(i) Information required on soils,
				vegetation, archaeology, fish and wildlife resources, topography, geology, and
				mineral deposits shall be limited to those areas affected by surface operations
				or subsidence. Information required on surface water shall be limited to the
				immediate drainage area of those lands affected by surface operations or
				subsidence. Information required for the geological description pursuant to
				Chapter 2, Section
				4(a) (viii)shall be as
				follows:
(A) For areas where surface
				operations and facilities will cause removal of overburden down to the level of
				the coal seam ( this does not include test boring and core sampling areas), all
				information outline in Chapter 2, Section
				4(a) (viii);
(B) For all other areas, all information
				outlined in Chapter 2, Section
				4(a) (viii), except that
				the information called for in paragraph (C) is restricted to the strata
				immediately overlying and underlying the coal seam(s) to be mined;
				and
(C) For areas where
				room-and-pillar operations are proposed, information on the thickness and
				engineering properties of clays or soft rock, if any, in the mined coal
				overlying and underlying strata.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 7 - UNDERGROUND COAL MINING › Section 7-2 - Environmental Protection Performance Standards Applicable to Underground Mining Operations

Current through July 13, 2024
(a) General
				performance standards:
(i) All surface land
				affected in conjunction with an underground mining operation will be subject to
				the appropriate backfilling, grading, and contouring requirements as described
				in Chapter 4, Section
				2(b), depending on the
				physical land description in the permit area and the nature of the surface
				disturbance.
(ii) All shafts and
				adits to underground mine workings must be properly sealed at
				closure.
(iii) Portal entries into
				adits must be backfilled, graded and contoured so as to blend in with the
				topography of the surrounding terrain.
(iv) All substantial surface disturbances due
				to subsidence into underground workings within five years after completion of
				mining shall be backfilled, graded, contoured and revegetated so as to blend in
				with the topography of the surrounding terrain. If conditions prevent such
				reclamation, the Administrator, after considering the conditions, and after
				consultation with the Advisory Board, will determine the reclamation
				requirements.
(v) The applicable
				performance standards contained in the Act and Chapter 4 shall apply to
				underground mining operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 7 - UNDERGROUND COAL MINING › Section 7-3 - Public Notice

Current through July 13, 2024
(a) The public
				notice required pursuant to W.S. §
									
										35-11-406(j) shall include
				the following additional information for proposed underground coal mining
				operations:
(i) Dates when the underground
				mining activities could cause subsidence and affect specific structures;
				and
(ii) Any proposed measures
				which may be taken to prevent or control adverse surface effects.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 7 - UNDERGROUND COAL MINING › Section 7-4 - Surface Owner Protection

Current through July 13, 2024
(a) Each operator
				who conducts underground coal mining activities shall:
(i) Correct any material damage resulting
				from subsidence caused to surface lands by restoring the land to a condition
				capable of maintaining the value and reasonably foreseeable uses which it was
				capable of supporting before subsidence; and
(ii) Either correct material damage resulting
				from subsidence caused to any structures or facilities by repairing the damage
				or compensate the owner of such structures or facilities in the full amount of
				the reduction in value resulting from the subsidence. Repair of damage includes
				rehabilitation, restoration, or replacement of damaged structures or
				facilities.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 8 - SPECIAL BITUMINOUS COAL MINES › Section 8-1 - Definitions

Current through July 13, 2024
(a) For the purpose of this Chapter:
(i) "Existing special bituminous surface coal
				mine" means a surface coal mining operation where:
(A) The excavation of the specific mine pit
				takes place on the same relatively limited site for an extended period of
				time;
(B) The excavation of the
				specific mine pit follows a coal seam having an inclination of 15 degrees or
				more from the horizontal, and continues in the same area proceeding downward
				with lateral expansion of the pit necessary to maintain stability or as
				necessary to accommodate the orderly expansion of the total mining
				operation;
(C) The excavation of
				the specific mine pit involves the mining of more than one coal seam and mining
				has been initiated on the deepest coal seam contemplated to be mined in the
				current operation;
(D) The amount
				of material removed is large in proportion to the surface area
				disturbed;
(E) There is no
				practicable alternative method of mining the coal involved;
(F) There is no practicable method to reclaim
				the land in the manner required by this Act; and
(G) The specific mine pit has been actually
				producing coal since January 1, 1972, in such a manner as to meet the criteria
				set forth in this Section, and, because of past duration of mining, is
				substantially committed to a mode of operation which warrants exceptions to
				some performance standards.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 8 - SPECIAL BITUMINOUS COAL MINES › Section 8-2 - Permit Application Contents

Current through July 13, 2024
(a) A permit
				application under this Chapter shall include:
(i) Support for classification of the
				proposed operation as a special bituminous surface coal mine; and
(ii) All information required by the Act and
				regulations, except that the mining and reclamation plan shall include
				descriptions, maps and plans demonstrating compliance with Section
				3 in lieu of other conflicting backfilling
				and grading performance standards.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 8 - SPECIAL BITUMINOUS COAL MINES › Section 8-3 - Special Alternative Standards for Existing Special Bituminous Surface Coal Mines

Current through July 13, 2024
(a) This Section
				applies to those portions of existing special bituminous coal mines which:
(i) Were approved for operation before
				January 1, 1972, including the orderly expansion of the mine pit to the extent
				authorized by the Administrator;
(ii) Have actually been producing coal since
				January 1, 1972;
(iii) Are
				committed to a mode of operation that warrants an exception to some of the
				provisions of the Act because of past duration of mining; and
(iv) Involve the mining of more than one
				seam, and mining was initiated before August 3, 1977, on the deepest coal seam
				contemplated to be mined in the current operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 8 - SPECIAL BITUMINOUS COAL MINES › Section 8-5 - General Performance Standards

Current through July 13, 2024
All other performance standards contained in the Act and
				  Chapter 4 shall apply to special bituminous coal mines to the extent that such
				  performance standards do not preclude the benefit intended under the special
				  alternative regulations contained in Sections
				  3 and
				  4 of this Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 9 - VARIANCES FOR SURFACE COAL MINING OPERATIONS › Section 9-1 - Content of Requests

Current through July 13, 2024
(a) All requests
				for a variance authorizing departures in individual cases from the
				environmental protection performance standards generally applicable to surface
				coal mining and reclamation operations shall describe:
(i) The nature of the departure from the
				standard;
(ii) How the variance:
(A) Is from a State standard that is more
				stringent than the corresponding Federal regulation and does not result in less
				stringent requirements than provided for by that Federal regulation;
				or
(B) Encourages advances in
				mining and reclamation technology for experimental or research purposes. This
				experimental practice request shall include a demonstration:
(I) That the proposed mining and reclamation
				operation is limited to determine the effectiveness and economic feasibility of
				the experimental practice;
(II)
				That the experimental practice is potentially more or at least as
				environmentally protective, during and after the proposed mining and
				reclamation operations, as those required under Chapter 4, and that equivalent
				protection is afforded the public health and safety;
(III) That the applicant will conduct special
				monitoring with respect to the experimental practice during and after the
				operations involved so that sufficient and reliable data are collected and
				reported for comparison with other practices and to assure protection of the
				environment and public health and safety; and
(IV) The reclamation practices which will be
				implemented if the proposed operation is a failure.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 9 - VARIANCES FOR SURFACE COAL MINING OPERATIONS › Section 9-2 - Procedures for Variance

Current through July 13, 2024
(a) All variances:
(i) Any person intending to request a
				variance under this Chapter may obtain an initial determination from the
				Administrator on the advisability of pursuing the variance by submitting
				information addressing Section
				1(a)(ii)(A),
				(a)(ii)(B) and (a)(ii)(B)(I) of this Chapter.
				Within 60 days from receipt of this information, the Administrator shall make
				an initial determination and, if favorable, generally specify the information,
				tests or other requirements which will be necessary to satisfy Section
				1(a)(ii)(B)(II)-(IV).
(ii) All variances shall be specifically
				identified through the newspaper advertisements required by W.S. §
										
											35-11-406(j) and the written
				notifications by the Administrator required by Chapter 12, Section
				1(a)(ii)(B).
(iii) Any variance relating to prime
				farmlands shall require consultation with the Soil Conservation
				Service.
(iv) The special
				procedures of this Chapter shall apply to permit applications, renewals, or
				revisions which include any variance proposal.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-1 - General Requirements: Exploration of 250 Tons or Less

Current through July 13, 2024
(a) Any person who
				intends to conduct coal exploration outside a permit area and remove less than
				250 tons of coal in the area to be explored shall, before conducting the
				exploration, file with the Administrator a notice of intent to
				explore.
(b) The notice shall
				include:
(i) The person's name, address, and
				telephone number;
(ii) The name,
				address, and telephone number of the person who will be present at and
				responsible for the exploration operation;
(iii) A narrative describing the proposed
				exploration area and a map at a scale of 1:24,000, or greater, showing the
				proposed area of exploration and the general location of drill holes and
				trenches, existing and proposed roads, occupied dwellings, topographic
				features, bodies of surface water, and pipelines. The narrative shall clearly
				describe the areas to be disturbed as well as the natural and man-made features
				in and immediately around the exploration area;
(iv) The proposed period of exploration;
				and
(v) The method of exploration
				to be used and the practices proposed to protect the environment and reclaim
				the area, including those necessary to comply with Section
				3
				of this Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-3 - Exploration and Reclamation Performance Standards

Current through July 13, 2024
(a) Any person who
				conducts coal exploration operations which substantially disturb the natural
				land surface shall minimize environmental damage to the area by complying with
				the requirements of this Section.
(b) Backfilling, regrading, and recontouring
				shall be conducted as necessary to promptly return the affected land to its
				approximate original contour.
(c)
				Topsoil removal, storage, and redistribution practices shall be used, including
				those measures designed to assure successful revegetation.
(d) Revegetation shall be conducted by
				seeding or planting to the same seasonal variety native to the areas disturbed,
				so as to encourage stabilization of the affected land and prompt recovery of a
				diverse, effective, and permanent vegetative cover.
(e) Critical habitats of threatened or
				endangered species identified pursuant to the Endangered Species Act of 1973
				(16
				U.S.C. 1531 et seq.) shall not be disturbed
				during coal exploration. Crucial or important habitat for wildlife shall not be
				disturbed during coal exploration unless written evidence of consultation with
				the Wyoming Game and Fish Department and any resulting recommendations are
				submitted to the Administrator as part of either a notice of intent to explore
				under Section
				1 of this Chapter or an exploration license
				application under Section
				2 of this Chapter.
(f) Diversions shall be made in accordance
				with Chapter 4, Section
				2 of these rules.
(g) All drill holes shall meet the
				requirements of Chapter 14, Section 3 of these rules.
(h) Vehicular travel and road construction,
				maintenance, and reclamation shall meet the requirements of Chapter 4, Section
				2, of these rules.
(i) Toxic or acid-forming materials shall be
				handled and disposed of in accordance with Chapter 4, Section
				2(c) of these
				rules.
(j) Activities shall be
				conducted to minimize disturbance to the prevailing hydrologic balance,
				including, at a minimum, sediment control measures or sedimentation ponds that
				comply with Chapter 4, Section
				2(e)(ii)(A) and Chapter 4,
				Section
				2(f) of these
				rules.
(k) Facility removal shall
				be conducted in accordance with Chapter 4, Section
				2(m) of these
				rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-4 - Additional Requirements

Current through July 13, 2024
Proposed coal exploration operations that include activities
				  described as exploration by drilling shall also meet the requirements of W. S.
				  §
									35-11-404
				  and Chapter 14 of these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-5 - Public Availability of Information

Current through July 13, 2024
Information requested to be held confidential shall not be
				  made publicly available until after notice and opportunity to be heard is
				  afforded persons both seeking and opposing disclosure of the
				  information.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-6 - Commercial Use or Sale of Coal Extracted under a Coal Exploration License

Current through July 13, 2024
(a) Except as
				provided under subparagraph (b) below, any person who intends to commercially
				use or sell coal extracted during coal exploration operations under an
				exploration license shall first obtain a permit to conduct surface coal mining
				operations for those operations.
(b) With prior written approval of the
				Administrator, a licensee may sell or commercially use coal extracted during
				exploration operations for coal testing purposes. To obtain approval for sale
				or commercial use, the licensee shall submit an application demonstrating that
				the coal testing is necessary for the development of a surface coal mining and
				reclamation operation for which a surface coal mining operations permit
				application is to be submitted in the near future, and that the proposed sale
				or commercial use of coal extracted during exploration operations is solely for
				the purpose of testing the coal. The application shall contain the following:
(i) The name of the testing firm and the
				locations at which the coal will be tested;
(ii) A statement from the intended end user
				of the coal, or an agent or broker, describing:
(A) The specific reason for the test,
				including why the coal may be so different from the intended user's other coal
				supplies as to require testing;
(B)
				The amount of coal necessary for the test and why a lesser amount is not
				sufficient; and
(C) A description
				of the specific tests that will be conducted;
(iii) Evidence demonstrating that the amount
				of coal to be removed is not the total reserve, but a sampling of reserves
				large enough to adequately supply the intended end user; and
(iv) An explanation why other means of
				exploration, such as core drilling, are not adequate to determine the quality
				of the coal or the feasibility of developing a surface coal mining
				operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-7 - Existing Operations

Current through July 13, 2024
The exploration and reclamation performance standards
				  contained in Section
				  5 shall apply to all coal exploration
				  operations which substantially disturb the natural land surface two months
				  after final approval of a State program pursuant to Section 503 of P.L.
				  95-87.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 10 - COAL EXPLORATION › Section 10-8 - Commercial Use or Sale of Coal Extracted under a Coal Exploration License

Current through July 13, 2024
(a) Except as provided under subparagraph (b)
				below, any person who intends to commercially use or sell coal extracted during
				coal exploration operations under an exploration license, shall first obtain a
				permit to conduct surface coal mining operations for those
				operations.
(b) With the prior
				written approval of the Administrator, no permit to conduct surface coal mining
				operations is required for the sale or commercial use of coal extracted during
				exploration operations if such sale or commercial use is for coal testing
				purposes only. The person conducting the exploration shall file an application
				for such approval with the Administrator. The application shall demonstrate
				that the coal testing is necessary for the development of a surface coal mining
				and reclamation operation for which a surface coal mining operations permit
				application is to be submitted in the near future, and that the proposed
				commercial use or sale of coal extracted during exploration operations is
				solely for the purpose of testing the coal. The application shall contain the
				following:
(i) The name of the testing firm
				and the locations at which the coal will be tested.
(ii) If the coal will be sold directly to, or
				commercially used directly by, the intended end user, a statement from the
				intended end user, or if the coal is sold indirectly to the intended end user
				through an agent or broker, a statement from the agent or broker. The statement
				shall include:
(A) The specific reason for
				the test, including why the coal may be so different from the intended user's
				other coal supplies as to require testing;
(B) The amount of coal necessary for the test
				and why a lesser amount is not sufficient; and
(C) A description of the specific tests that
				will be conducted.
(iii)
				Evidence that sufficient reserves of coal are available to the person
				conducting exploration or its principals for future commercial use or sale to
				the intended end user, or agent or broker of such user identified above, to
				demonstrate that the amount of coal to be removed is not the total reserve, but
				is a sampling of a larger reserve.
(iv) An explanation as to why other means of
				exploration, such as core drilling, are not adequate to determine the quality
				of the coal and/or the feasibility of developing a surface coal mining
				operation.