Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 8 - SPECIAL BITUMINOUS COAL MINES › Section 8-4 - Special Alternative Standards for New Special Bituminous Surface Coal Mines

Current through July 13, 2024
New special bituminous surface coal mines and pits not
				  covered under Section
				  3(a) above shall comply
				  with the following requirements for backfilling and grading of the mine pit
				  area and spoil piles:
(a) Backfilling,
				grading, and contouring of affected land shall be accomplished by one or more
				of the following as detailed in the approved reclamation plan:
(i) Reestablishment of the contour of the
				land in a manner consistent with the proposed future use of the land.
(ii) Reestablishment of adequate through
				drainage if such a provision is necessary to prevent pollution or diminution of
				the quantity and quality of the surface water and groundwater.
(iii) Contouring of affected land to blend in
				with the topography of the surrounding terrain unless so doing would create an
				erosion problem or a hazard to man or beast.
(iv) Creation of water impoundments for a use
				certified in an approved plan in accordance with the statutes and Chapter 4,
				Sec. 2(g)(ii).
(v) If the
				reclamation plan does not provide for a permanent water impoundment, the final
				pit area shall be backfilled, graded, compacted and contoured to the extent
				necessary to return the land to the use specified in the approved plan. In
				preparation of slope specifications in the plan, the operator shall consider an
				average of the measured slopes in the immediate area of the proposed mine site.
				Slopes in the reclaimed area shall approximate the premining slopes. Slopes
				greater than the approximate premining slopes may be approved if the operator
				can demonstrate to the satisfaction of the Administrator that returning the
				mined area to a slope equal to or less than the approximate premining slopes
				would create an unwarranted increase in the amount of affected lands.
				Individual slope measurements, locations of the measurements, and the average
				measurement shall be submitted with the reclamation plan. In determinations of
				the approximate premining slope, the Land Quality Division may make an
				independent slope survey. All backfilling, grading, and contouring will be done
				in such a manner so as to preserve the original drainage or provide for
				approved adequate substitutes. No depressions to accumulate water will be
				permitted unless approved in the reclamation plan as being consistent with the
				proposed future use of the land.
(vi) Terraces or benches may be used only
				when it can be shown to the Administrator's satisfaction that other methods of
				contouring will not provide the required result. If terracing is proposed,
				detailed plans indicating the dimensions and design of the terraces, check
				dams, any erosion prevention techniques, and slopes of the terraces and their
				intervals will be required.
(vii)
				If the reclamation plan provides for a permanent water impoundment and this use
				has been approved according to the requirements outlined in the Act and these
				regulations, the exposed pit areas must be sloped, graded, and contoured so as
				to blend in with the topography of the surrounding terrain and provide for
				access and revegetation. Riprapping where necessary to prevent erosion will be
				required. Sloping requirements will be as described above. Under certain
				conditions wherein it can be demonstrated to the Administrator's satisfaction
				that the pitwall can be stabilized by terracing or other techniques it may be
				permissible to leave not more than one-half of a proposed shoreline composed of
				the stabilized pitwall. The remaining portion of the shoreline must be graded
				and contoured so as to provide access and blend in with the topography of the
				surrounding terrain. In the event that a partial pitwall is proposed as final
				reclamation, the operator must submit a detailed explanation of the techniques
				to be used to establish the stability of the pitwalls in his reclamation plan.
				At the Administrator's discretion, a study of the proposed pitwall
				stabilization techniques may be required from an independent engineering
				company for purposes of verifying the effectiveness of the proposed
				stabilization techniques. The Land Quality Division will determine the
				acceptability of the proposed stabilization techniques based on this
				information and an on-site inspection.
(viii) Highwall retention may be considered
				on a case-by-case basis for enhanced wildlife habitat. The Wyoming Game and
				Fish Department shall be consulted by the applicant for need and design of the
				land form. Any approval under this paragraph shall be based on a demonstration
				of safety, stability, environmental protection, and equal or better land use
				considerations.