Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 2 - REGULAR NONCOAL MINE PERMIT APPLICATIONS › Section 2-2 - General Application Content Requirements

Current through July 13, 2024
(a) In addition to
				that information required by W.S. §
									35-11-406(a),
				each application for a mining permit shall contain:
(i) A description of the lands to be affected
				within the permit area, how these lands will be affected, for what purpose
				these areas will be used during the course of the mining operation, and a time
				schedule for affecting these lands. This description shall include:
(A) The major past and present uses of the
				proposed permit area and adjacent lands. Previous uses of affected lands must
				be ranked on an individual basis according to the overall economic or social
				value of the land use to the landowner, community, or area in which these lands
				are found. The Administrator of the Land Quality Division shall bear the
				responsibility of making the final decision on the ranking of land uses in a
				particular area. This decision must be based on information concerning the
				economy, historical use of the area, and the needs and desires of the
				landowner. The Land Quality Advisory Board may be consulted for suggestions or
				recommendations on the ranking of land uses in a given area.
(B) Vegetative cover.
(I) Grasses, forbs, trees and shrubs - the
				description shall include the common and scientific names of the predominating
				species and their estimated abundance within the proposed permit area. If trees
				are present within the proposed permit area, then the description shall include
				an estimate of the range of their heights and diameters.
(II) Noxious weeds - if any weeds or other
				plants listed by the local Weed and Pest Control District as harmful are
				present within the proposed permit area, the description shall include a list
				of their names, either common or scientific, and their abundance.
(III) Endangered or Threatened Species. If
				any State or Federally listed endangered or threatened plant species are known
				to exist within the permit area or in adjacent areas, their location shall be
				described and an evaluation provided on potential habitats within the permit
				area or in adjacent areas.
(C) Annual precipitation - the operator shall
				submit an estimated total annual precipitation for the proposed permit area.
				Data from the nearest official weather reporting station may be used.
				Operations more than 50 miles from an official weather station that are
				permanently staffed may be required to keep precipitation records.
(D) Average wind direction and velocity - the
				operator shall submit the average wind direction and velocity recorded at the
				nearest official weather station or as measured at the site.
(E) Indigenous wildlife.
(I) The operator shall submit a list of the
				indigenous vertebrate wildlife species in the permit area by common and
				scientific names. Special attention shall be paid to the possible presence of
				wildlife on or adjacent to the proposed permit area which are listed on the
				"Threatened or Endangered Species List."
(F) Overburden, topsoil, subsoil, mineral
				seams or other deposits.
(I) Overburden - the
				operator shall submit a description including the thickness, geological nature
				(rock type, orientation, etc.), the presence of toxic, acid-forming, or
				vegetative-retarding substances, or any other factor that will influence the
				mining or reclamation activities.
(II) Topsoil - the operator shall submit a
				description of the thickness and nature of the topsoil, if any, over the
				proposed affected lands. A soils survey and soil analyses conducted in
				accordance with standard methods acceptable to the Administrator, may be
				required to show variations in topsoil depth and suitability.
(III) Subsoil - the nature, thickness and
				distribution of the subsoil, if any, shall be described over the proposed
				affected lands. Detailed analyses of the subsoil may be required, if there is
				reason to suspect it may be of better quality for revegetation than the
				topsoil, or if it is to function as a topsoil supplement in reclamation
				efforts. If the subsoil is suspected of containing substances that might cause
				pollution or hinder reclamation, analyses will provide a basis for determining
				how to handle this material during reclamation.
(IV) Mineral seams or other deposits - the
				operator shall submit a description of the mineral seams in the proposed permit
				area, including, but not limited to, their depth, thickness, orientation
				(strike and dip), and rock or mineral type. Maps or geologic cross-sections may
				be used to illustrate the description of the mineral seams.
(G) Surface waters.
(I) The operator shall list and describe the
				name and location for the present surface waters in and adjacent to the
				proposed permit area. The list shall include, but not be limited to, rivers,
				creeks, lakes, reservoirs, springs and marshes. Streams shall be classified as
				ephemeral, intermittent or perennial.
(II) The operator shall submit a description
				of the immediate drainage area which includes the proposed permit area. Surface
				water use shall be identified as to domestic, municipal, industrial,
				agricultural, and wildlife.
(H) Groundwater.
The operator shall submit an estimate of the depth and
				  quantity of any groundwater existing in the proposed permit area down to and
				  including the strata immediately below the lowest mineral seam to be mined. The
				  operator may be required to conduct test drilling and monitoring in order to
				  determine the exact depth, quantity and quality of groundwater in geological
				  formations affected by the mining operations. Such drilling will require
				  permits from the State Engineer's Office.
(I) Water rights.
(I) The operator shall list by name and owner
				all known adjudicated and permitted water rights on the proposed permit area
				and adjacent lands.
(II) The
				operator shall submit a list by name and owner of all existing water wells on
				the proposed permit area and adjacent lands, including all wells filed with the
				State Engineer's Office three miles or less from the proposed permit area. A
				survey of the premining water levels in the above wells may be
				required.
(J) A
				description of any significant artifacts, fossil or other article of cultural,
				historical, archaeological or paleontological value. Upon recommendation by a
				qualified archaeologist or a qualified paleontologist, the Administrator may
				require an evaluation of the proposed permit area prior to the time that a
				permit or license is issued.