reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 4 - UNDERGROUND MINING › Section 4-2 - 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 III, 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 III shall apply to
				underground mining operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 5 - EXPLORATION BY DOZING › Section 5-3 - Exploration and Reclamation Standards

Current through July 13, 2024
(a) Backfilling,
				regrading and recontouring shall be conducted in a manner consistent with
				Chapter 3, Section
				2(b) of the Land Quality
				Non-Coal Rules.
(b) Topsoil removal
				and stockpiling shall precede any dozing activities, unless otherwise approved
				by the Administrator.
(c) All
				vegetative cover that is removed or destroyed shall be reestablished by
				seeding, planting, transplanting, or other methods approved by the
				Administrator in a manner consistent with Chapter 3, Section
				2(d) of the Land Quality
				Non-Coal Rules.
(d) All areas
				disturbed by dozing for the purpose of providing access (as a road or for the
				ease of off-road travel) shall be reclaimed in accordance with this
				Chapter.
(e) All acid-forming or
				toxic materials or materials constituting a fire, health or safety hazard
				uncovered during or created by exploration shall be promptly treated or
				disposed of during the exploration activity in a manner designed to prevent
				pollution of surface or subsurface water or threats to human or animal health
				and safety. Such method may include covering, burying, temporarily impounding
				or otherwise containing or disposing of the acid, toxic, radioactive or
				otherwise dangerous material.
(f)
				Procedures shall be implemented to avoid constituting a public nuisance,
				endangering the public safety, human or animal life, property, and plant life
				in and adjacent to the license area, including but not limited to fencing all
				pits and refuse or waste areas to protect the surface owner's on-going
				operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 5 - EXPLORATION BY DOZING › Section 5-4 - Timetables

Current through July 13, 2024
Reclamation and restoration shall begin as early as
				  practicable so as to prevent unnecessary erosion, sedimentation, and pollution.
				  In no event shall reclamation begin later than the end of the license period
				  unless the Administrator approves such a delay in writing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 5 - EXPLORATION BY DOZING › Section 5-5 - License Issuance

Current through July 13, 2024
(a) Within thirty
				days following receipt of a complete license application, the Administrator
				shall notify the applicant of the required bond amount. Such bond shall be in
				an amount sufficient to pay all costs which would be incurred by the State to
				reclaim the affected area including access roads, drill pads, and exploration
				pits.
(i) Upon receipt of a satisfactory bond
				in the amount required by the Administrator, the Administrator shall approve
				the application if it is otherwise in order and shall return a duplicate to the
				applicant to serve as his license to explore by dozing.
(ii) The operator shall inform the
				Administrator whenever the amount of affected land increases greater than the
				amount estimated in the license application. The Administrator shall notify the
				applicant of the increased bond amount and the operator shall submit the
				required bond increase within thirty days of notification.
(iii) Minerals discovered during exploration
				activities may be processed and sold at the discretion of the operator
				including assay material or material with an unknown market valuation, subject
				to any restrictions on the sale by the surface or mineral owner. Any material
				sold must be reported on the Annual Report form.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 5 - EXPLORATION BY DOZING › Section 5-6 - Bond release and forfeitures

Current through July 13, 2024
Bonds shall be released in accordance with W.S. §
									
										35-11-414(g). Forfeiture
				  proceedings shall be equivalent to the procedure set forth in W.S. §§
									
										35-11-421 through
				  35-11-422.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 6 - FINANCIAL ASSURANCE › Section 6-1 - Definitions

Current through July 13, 2024
(a) "Irrevocable
				letter of credit" is a negotiated financial instrument that is used to pay a
				beneficiary issued by a banking institution to guarantee payment.
(b) "Liabilities" means obligations to
				transfer assets or provide services to other entities in the future as a result
				of past transactions including off-balance sheet liabilities.
(c) "Net worth" means total assets minus
				total liabilities including on and off-balance sheet liabilities.
(d) "Real property" means land and
				appurtenances as defined by Wyoming Statute (W.S.) §
									39-15-101(a)(v).
(e) "Real property collateral" means the
				actual or constructive deposit of a perfected, first lien security interest in
				real property located within the State of Wyoming, in favor of the Wyoming
				Department of Environmental Quality which meets the requirements of this
				Chapter. The property may include land which is part of the permit area;
				however, land pledged as collateral for a bond shall not be disturbed under any
				permit while it is serving as security.
(f) "Self-bond" means an indemnity agreement
				in a sum certain made payable to the State, with or without separate surety.
				The indemnity agreement is signed by the permittee and, if applicable, the
				ultimate parent entity guarantor.
(g) "Tangible net worth" means net worth
				minus intangibles such as goodwill, patents or royalties.
(h) "Ultimate parent entity" means an entity
				not controlled by any other entity and is the topmost responsible entity which
				owns or controls the applicant and is the guarantor for a self-bond.
(i) "Voluntary irrevocable assigned trust"
				means a permit specific trust account established with the state treasurer for
				all or a portion of the full cost of reclamation for permits or licenses as
				determined by the annual Director's bond letter and funded by the operator
				through payments to the assigned trust to the permit or license for the benefit
				of the Department.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 6 - FINANCIAL ASSURANCE › Section 6-2 - Acceptable Financial Instruments

Current through July 13, 2024
The following bond instruments are accepted by the Division:
				  corporate surety, self-bond, federally insured certificates of deposit, cash,
				  government securities, real property collateral, and voluntary irrevocable
				  assigned trust.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 6 - FINANCIAL ASSURANCE › Section 6-3 - Irrevocable Letters of Credit

Current through July 13, 2024
(a) Letters of
				credit as authorized by W.S. §
									35-11-418, shall be subject to the
				following conditions and submitted on forms provided by the Department:
(i) The letter must be payable to the
				Department in part or in full upon demand and receipt from the Director of a
				notice of forfeiture issued in accordance with W.S. §
										35-11-421;
(ii) The letter shall not be in excess of ten
				percent of the issuing or supporting bank's capital surplus account as shown on
				a balance sheet certified by a certified public accountant;
(iii) The Administrator shall not accept
				standby letters of credit;
(iv) The
				Administrator shall not accept letters of credit from a bank for any person, on
				all permits held by that person, in excess of the limitation imposed by W.S.
				§
										13-3-402; and
(v) The letter of credit shall provide that:
(A) The bank will give prompt notice to the
				permittee and the Director of any notice received or action filed alleging the
				insolvency or bankruptcy of the bank, or alleging any violations of regulatory
				requirements which could result in suspension or revocation of the bank's
				charter or license to do business;
(B) In the event the bank becomes unable to
				fulfill its obligations under the letter of credit for any reason, notice shall
				be given immediately to the permittee and the Director; and
(C) Upon the incapacity of a bank by reason
				of bankruptcy, insolvency, or suspension or revocation of its charter or
				license, the permittee shall be deemed to be without performance bond coverage
				in violation of the Act. The Director shall issue a notice of violation against
				any operator who is without bond coverage, specifying a reasonable period to
				replace bond coverage, not to exceed 90 days. During this period the Director
				or his designated representative shall conduct weekly inspections to ensure
				continuing compliance with other permit requirements, the regulations and the
				Act. If the notice is not abated in accordance with the schedule, a cessation
				order shall be issued.
(D) The
				irrevocable letter of credit may be cancelled by the issuer only after ninety
				(90) days notice to the Director, and upon receipt of the Director's written
				consent, which may be granted only when an alternative financial assurance
				substitution has been approved.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 6 - FINANCIAL ASSURANCE › Section 6-4 - Self-bonds

Current through July 13, 2024
(a) Application to
				Self-bond.
(i) Initial application to
				self-bond shall be made at the time the operator makes written application to
				the Administrator for a license to mine. An operator conducting an existing
				operation with greater than a five (5)-year life of mine remaining may submit
				an application to self-bond to the Administrator. The application shall be on
				forms furnished by the Administrator and shall contain:
(A) Identification of operator:
(I) For corporations, name, address,
				telephone number, state of incorporation, principal place of business and name,
				title and authority of person signing application, and statement of authority
				to do business in the State of Wyoming, or
(II) For all other forms of business
				enterprises, name, address and telephone number and statement of how the
				enterprise is organized, law of the State under which it is formed, place of
				business, and relationship and authority of the person signing the
				application.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 6 - FINANCIAL ASSURANCE › Section 6-6 - Voluntary Irrevocable Assigned Trusts

Current through July 13, 2024
(a) Minerals
				eligible for a voluntary irrevocable assigned trust include bentonite, trona
				and uranium.
(b) An operator may
				file an application with the Department for a permit or license specific
				voluntary irrevocable assigned trust managed by the state treasurer for the
				benefit of the Department. Funds from the assigned trust shall only be
				available to the Department to cover the cost of completing reclamation in the
				event of forfeiture.
(c) The
				assigned trust may bond all or a portion of the full cost of reclamation of a
				permit or license as determined by the annual Director's Bond Letter (DBL). The
				operator shall provide other acceptable bonding instruments for any portion of
				the approved reclamation cost estimate that is not covered by the assigned
				trust.
(d) Voluntary irrevocable
				assigned trusts shall be in accordance with the following:
(i) Application forms will be provided by the
				Department for enrollment and shall include:
(A) A reclamation cost estimate for the
				permit or license. The estimate shall be determined by the current Director's
				Bond Letter. Permits or licenses with Underground Injection Control (UIC) bond
				requirements that are pledged to the Water Quality Division shall be bonded
				with an alternative acceptable bond instrument;
(B) An estimate of the remaining life of mine
				and reclamation operations as disclosed in the current annual report for the
				permit or license;
(C) A proposed
				amount of the initial deposit to the trust. In no case shall the initial and
				subsequent deposits in the first year be less than one percent of the total
				annual reclamation cost estimate as disclosed in the current DBL;
(D) A proposed schedule of annual
				payments;
(E) Approval from federal
				agencies for permits or licenses that include federal lands with a federal
				bonding requirement.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 6 - FINANCIAL ASSURANCE › Section 6-7 - Requirements for Forfeiture and Release

Current through July 13, 2024
(a) All
				requirements as to bond forfeiture proceedings and the release of bonds shall
				be consistent with W.S. §
									35-11-417(e) and
				W.S. §§
									35-11-421 through
				35-11-424 of the Act, excepting
				the requirements as to notification to the surety.
(b) The Department shall retain the full
				value of the real property until the bond liability equal to the value of the
				real property is released or substituted with another financial
				instrument.
(c) Forfeitures with
				reclamation bonds held in an assigned trust shall be processed in accordance
				with Section 6(e) above.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 7 - NONCOAL MINE PERMIT OR RESEARCH AND DEVELOPMENT TESTING LICENSE REVISIONS › Section 7-1 - Permit and License Revision Applications

Current through July 13, 2024
(a) Any permit or
				research and development testing license may be revised by identifying
				alterations to the mining or reclamation plan in the annual report or addendum
				thereto, or by submitting an application in accordance with this Section, at
				the noncoal operator's discretion. However, an operator must submit an
				application for any significant permit revision that would require public
				notice under Section
				2.
(b) Each application to revise a permit or
				research and development testing license shall contain:
(i) The name and address of the
				operator;
(ii) The permit number
				and date approved;
(iii) A
				description of the change and why the change is being sought;
(iv) An outline or index indicating what
				pages, maps, tables, or other parts of the approved permit or license will be
				affected by the revision;
(v) The
				following information, if different from that submitted in the original permit
				or license application:
(A) The precise
				location of the permit or license area by legal subdivision, section, township,
				range, county, and municipal corporation, if any;
(B) The names and last known addresses of the
				owners of record of the surface and mineral rights of the land covered by the
				permit or license; and
(C) The
				names and last known addresses of the owners of record of the surface rights of
				the lands immediately adjacent to the permit or license area.
(vi) A detailed description of the
				proposed revised mining, reclamation, or research and development testing
				operation, which shall also include:
(A) For
				any proposed newly affected lands, if not submitted and approved in the
				original application for the permit:
(I) A
				USGS topographic map or equivalent of the permit or license area distinctly
				outlining and identifying the land to be affected by the revised mining or
				reclamation operation;
(II) The
				information required in Wyoming Statute (W.S.) §
												35-11-406(a)(vii)
				and (ix) or, for in situ mining operations,
				the information required in W.S. § 3511 - 428;
(III) The extent to which the revised mining
				or reclamation operation will disturb, change, or deface the lands proposed to
				be affected; and
(IV) The proposed
				future use or uses of the affected lands and the plan whereby the operator will
				reclaim the affected lands to the proposed use or uses.
(B) Any changes in the estimate of the total
				cost of reclaiming the affected and proposed affected lands, computed in
				accordance with established engineering principles.
(vii) Any additional information necessary to
				support or justify the changes; and
(viii) Such other information as the
				Administrator deems necessary.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 7 - NONCOAL MINE PERMIT OR RESEARCH AND DEVELOPMENT TESTING LICENSE REVISIONS › Section 7-2 - Criteria for Public Notice Requirements

Current through July 13, 2024
(a) Within ninety
				days after receiving a permit or license revision application the Administrator
				shall notify the operator of whether or not the application is complete and
				whether the revision is determined to be significant, requiring notice and
				opportunity for interested person(s) to submit written objections. Unless
				otherwise instructed, an operator may begin implementing a non-significant
				permit or license revision upon receiving this determination from the
				Administrator.
(b) Notice and
				opportunity for submitting written objections is required for revisions to the
				Class III well portion of an in situ mining permit or research and development
				testing license when the proposed revision meets one or more of the criteria in
				Chapter 11, Section
				14(d) of these
				rules.
(c) Notice and opportunity
				for submitting written objections is required for other revisions to a permit
				or license whenever the application proposes significant deviations from the
				approved mining plan, and reclamation plan, or research and development testing
				operation. The following will be considered significant deviations unless
				otherwise determined by the Administrator:
(i)
				More than a twenty percent increase in affected land from that which was
				approved in the original permit or license, with the following
				exception:
(ii) A change in the
				approved future land use or uses which affects more than twenty percent of the
				land within the permit or license area;
(iii) A change in the approved method for
				insuring that all acid-forming or toxic materials, radioactive materials, or
				materials constituting a fire, health or safety hazard uncovered during or
				created by the mining or license process are promptly treated or disposed of
				during the mining, reclamation, or license process in a manner designed to
				prevent pollution of surface or subsurface water or threats to human or animal
				health and safety;
(iv) The
				construction or relocation of mills, tailings disposal facilities, or heap
				leach facilities;
(v) A change in
				the approved method of mining that results in surface disturbance (e.g.
				underground, surface or in situ mining);
(vi) A change that would adversely affect the
				quality, quantity, or distribution of water in surface or groundwater systems;
				or
(vii) Any changes that propose
				significant alterations in the approved mining, reclamation, or research and
				development testing operation as determined by the Administrator.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 7 - NONCOAL MINE PERMIT OR RESEARCH AND DEVELOPMENT TESTING LICENSE REVISIONS › Section 7-3 - Permit Decisions, Public Notice, and Opportunity for Filing Objections

Current through July 13, 2024
(a) For
				non-significant revisions, which do not require public notice, the Director
				shall render a decision of the application within thirty days after the
				Administrator determines the application is complete.
(b) For significant revisions:
(i) The operator shall publish notice of its
				permit or license revision application in a newspaper of general circulation in
				the locality of the operation once a week for four consecutive weeks commencing
				within fifteen days after receiving notification that publication is required.
				The notice shall contain the information required by W.S. §
										35-11-406(j),
				the permit number and date approved, and a general description of the proposed
				revision. The operator shall also mail a copy of the application mine plan map
				to the Wyoming Oil and Gas Commission in accordance with W. S. §
										35-11-406(j);
(ii) Any interested person may file
				objections in accordance with W.S. §
										35-11-406(q);
(iii) The Director shall render a decision on
				the application in accordance with W. S. § 33-11-406(q); and
(iv) An applicant or objector may appeal the
				Director's decision to the Environmental Quality Council in accordance with
				W.S. §
										35-11-406(q).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 7 - NONCOAL MINE PERMIT OR RESEARCH AND DEVELOPMENT TESTING LICENSE REVISIONS › Section 7-4 - Review of Permits or Research and Development Testing Licenses

Current through July 13, 2024
The Administrator, with the concurrence of the Director, may
				  require the operator to submit an application for a permit or license revision
				  when, upon review of the operator's annual report, annual renewal request, or
				  upon inspection of the existing operation, the Administrator finds in writing
				  that the mining plan, reclamation plan, or license revision is necessary to
				  account for actual changes in the operator's mining, reclamation, or research
				  and development testing operations. An operator may appeal the Administrator's
				  decision to the Environmental Quality Council in accordance with W.S. §
									35-11-112(a)(iii).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 8 - EXPLORATION BY DRILLING › Section 8-1 - Conducting Exploration by Drilling

Current through July 13, 2024
(a) Any discoverer
				conducting exploration by drilling within this State, shall do so in strict
				compliance with all the provisions of W.S. §
									
										35-11-404 (200 7) and this Chapter. The
				requirements of this Chapter shall apply to exploration drilling within
				permitted mine operations.
(b)
				Prior to conducting any exploration by drilling outside of a permitted mine
				operation, the discoverer shall provide notification (Drilling Notification)
				and a reclamation bond acceptable to the Administrator. Construction of water
				wells outside of a permitted mine operation may be authorized under a drilling
				notification in accordance with Section
				7 and in compliance with applicable
				requirements of the Wyoming State Engineer's Office. The Drilling Notification
				shall be in a form as specified by the Administrator and shall include
				information describing the approximate number and depth of holes to be drilled
				and a map showing approximate hole locations within the exploration area. The
				Administrator shall review the notification and the bond and notify the
				discoverer in a timely manner not to exceed 60 days from receipt whether the
				drilling is approved or additional information is required.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 8 - EXPLORATION BY DRILLING › Section 8-3 - Reclamation of Drill Sites and Affected Lands

Current through July 13, 2024
(a) Drill sites
				and associated Light-use roads, as defined in Chapter 1, shall be restored as
				nearly as possible to their original condition.
(b) All drilling fluids, drill cuttings and
				geologic samples shall be confined and buried below grade to the extent
				possible. Excess drilling mud and drill cuttings or any acid-forming or toxic
				materials uncovered during or created by exploration by drilling, including
				petroleum contaminated soils, shall be properly disposed of so as not to
				constitute a fire, health, or safety hazard during or after the exploration by
				drilling.
(c) To the extent
				possible, any surface preparation of the drill site shall be accomplished in a
				manner consistent with Chapter 3, Section
				2(b), Land Quality Noncoal
				Rules and Regulations.
(d) To the
				extent possible, topsoil removal and stockpiling shall precede any excavation
				within the drill site and associated light-use roads in a manner consistent
				with Chapter 3, Section
				2(c) and
				2(i), Land Quality Noncoal
				Rules and Regulations.
(e) To the
				extent possible, the discoverer shall reestablish the vegetative cover where
				vegetation has been removed or destroyed within the drill site and associated
				light-use roads by seeding, planting, transplanting, or by other adequate
				methods in a manner consistent with Chapter 3, Section
				2(d) and
				2(i), Land Quality Noncoal
				Rules and Regulations.
(f) All
				lands, including access roads or terrain damaged in gaining access to or
				clearing the site, or lands whose natural state has been substantially
				disturbed as a result of the exploration by drilling, shall be restored as
				nearly as possible to their original condition, including reseeding if grass or
				other crop was destroyed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 8 - EXPLORATION BY DRILLING › Section 8-4 - Bond

Current through July 13, 2024
(a) In order to assure and secure performance
				of the discoverer's obligations, each discoverer shall agree to post a bond for
				each exploration area. The amount of the bond shall be computed in accordance
				with established engineering principles, for accomplishing proper drill hole
				abandonment and surface restoration in accordance with the standards set out in
				this Chapter.
(b) The bond amount
				for any drill holes or any portion of the exploration area may be reduced when
				the discoverer demonstrates to the satisfaction of the Administrator that drill
				hole abandonment has been accomplished in accordance with the standards set out
				in this Chapter. The amount by which the bond is reduced may be returned to the
				discoverer or applied towards additional drilling. The bond for any drill sites
				or any portion of the exploration area may be released when reclamation has
				been completed and the Administrator finds that vegetation has been
				re-established.
(c) The
				Administrator may accept the bond of the discoverer itself without separate
				surety when the discoverer demonstrates to the satisfaction of the
				Administrator substantial compliance with the applicable provisions of Chapter
				6, Land Quality Noncoal Rules and Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 8 - EXPLORATION BY DRILLING › Section 8-5 - Termination and Report of Operations

Current through July 13, 2024
(a) Within 12
				months after the completion and proper abandonment of any exploration drill
				hole, the discoverer shall comply with the reporting requirements of W.S.
				§
									
										35-11-404(e) or (f). The
				report shall be in a form as specified by the Administrator. After receipt of
				such report, the Administrator shall have one year to inspect and evaluate the
				abandoned drill holes, drill sites, and access routes and make a determination
				of whether to release the bond to the discoverer, require additional
				reclamation, or institute forfeiture proceedings. The abandoned drill hole
				reports shall be held as confidential for a period of five years from the date
				of filing. The period may be extended for additional five (5) year periods upon
				request of the person filing the report.
(b) Forfeiture proceedings and release of
				bonds shall be according to the procedure set forth in W.S. §§
									
										35-11-421 through
				35-11-423; substituting therein
				"discoverer" for "operator;" "surface restoration" for "reclamation," and
				"exploration by drilling" for "surface mining."
(c) Failure to so inspect and evaluate
				abandoned drill holes shall constitute a decision by the Administrator that the
				discoverer has complied with this Chapter for release of bond purposes only.
				This one year limitation shall not be construed to alter or affect W.S. §
									
										35-11-404(k) -(n), or any
				other rights of action against the discoverer granted pursuant to the statutory
				provisions of the Wyoming Environmental Quality Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 8 - EXPLORATION BY DRILLING › Section 8-6 - Exceptions

Current through July 13, 2024
Sections
				  2 and
				  3 of this Chapter, relating to drill hole
				  abandonment and site reclamation, shall not apply to holes drilled in
				  conjunction with open-pit development within an existing permitted surface mine
				  operation that are within 500 feet of the active pit and are projected to be
				  mined through within 12 months of drilling. This Chapter shall not apply to
				  holes drilled for the purpose of conducting oil and gas exploration operations.
				  Specific exceptions from certain requirements of this Chapter shall also be
				  preserved in accordance with W.S. §
									
										35-11-404(g) and
				  (h).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 8 - EXPLORATION BY DRILLING › Section 8-7 - Installation of Wells for Collection of Baseline Information

Current through July 13, 2024
(a) Construction of wells may be authorized
				by the Administrator under a Drilling Notification for the purpose of
				collecting ground water baseline data in preparation of a mine permit
				application.
(b) Prior to
				installation, the discoverer is encouraged, but not required, to submit a plan
				for review by the Administrator that describes the location and completion
				details of each proposed well. The Administrator shall review the plan and
				respond within 30 days.
(c) Wells
				shall be permitted in accordance with requirements of the State Engineer's
				Office, in accordance with
				W.S.
				35-11-404(c)(iv).
(d) Wells shall be constructed according to
				the standards contained in Chapter 11, Sections
				6(b),
				6(c),
				6(d),
				6(e), and
				6(f), Land Quality Noncoal
				Rules and Regulations.
(e)
				Provisions shall be made such that each well is secured to prevent contaminant
				entry.
(f) Adequate bond shall be
				provided to assure that all wells are properly plugged and sealed and the sites
				restored.
(g) Well plugging and
				sealing and site reclamation shall follow the procedures outlined in Sections
				2 and
				3. Well casing shall be cut off at least two
				(2) feet below ground surface and any pump and associated appurtenances
				removed, as applicable, before the well is plugged and sealed.
(h) Well abandonment reports shall be filed
				with the Administrator and the State Engineer's Office within 12 months of
				abandonment.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 9 - PERMIT APPLICATION REQUIREMENTS FOR SMALL MINING OPERATIONS › Section 9-1 - General

Current through July 13, 2024
(a) Small mine
				operations are defined pursuant to W.S. §
									35-11-401(j) as
				surface mining operations that remove no more than thirty-five thousand cubic
				yards of overburden, excluding topsoil, and disturb no more than ten acres of
				land in any one year, excluding roads used to access the mining
				operation.
(b) This Chapter sets
				out the information required for small mine permit applications. The
				requirements of Chapter 2, Regular Noncoal Mine Permit Applications, shall not
				apply to small mine operations except the application requirements for the use
				of inert materials as backfill contained in Section 2(b)(iii)(B)(VI). The
				requirements of Chapter 3, Environmental Protection Performance Standards,
				shall apply to small mine operations, except as specifically noted
				herein.
(c) The Administrator shall
				not accept or approve small mine permit applications for coal, uranium,
				underground, or in-situ mines.
(d)
				No person shall commence small surface mining operations without first
				receiving a permit under this Chapter. Permit applications shall be submitted
				to the Administrator containing the information set out in this Chapter and in
				the format required by the Administrator.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 9 - PERMIT APPLICATION REQUIREMENTS FOR SMALL MINING OPERATIONS › Section 9-3 - Environmental Baseline Information

Current through July 13, 2024
The permit application shall include a general description of
				  the land within the permit area, which shall include the following
				  information:
(a) A description of the
				present land use(s) within the permit boundary;
(b) A map of vegetation types, range sites,
				or ecological response units and a range site-range condition survey, or
				equivalent, on the proposed permit area, including a list of species and a
				ranking of their relative abundance in each vegetation type. The applicant
				shall submit labeled photographs to demonstrate each vegetation type and to
				document areas of sparse vegetation and any areas containing noxious weeds.
				Locations photographed shall be shown on the vegetation map;
(c) A description of any surface waters
				within the proposed permit area including estimated average flow rates, the
				storage volume of any reservoirs, associated water rights within the permit
				area of any stream, reservoir, or lake, and depth to groundwater within the
				permit area, including a description of how groundwater depth was
				determined;
(d) A soil map which
				identifies the soil types, sampling locations, and proposed salvage
				depths;
(e) A report describing the
				soil types and their suitability for reclamation, the depths and volume of
				suitable topsoil present on the proposed affected lands, and the subsoil and/or
				overburden material existing between the topsoil and mineral seams;
(f) Correspondence or other documents showing
				that the applicant consulted with both the Wyoming Game and Fish Department and
				the U.S. Fish and Wildlife Service prior to submission of the permit
				application and have addressed their recommendations relative to wildlife
				surveys, monitoring and mitigation in the mine permit application as required
				by state and federal law; and
(g) A
				copy of the appropriate National Wetlands Inventory Map with the permit area
				and disturbance boundary delineated. If potential wetlands exist that will be
				disturbed or impacted by mine related activity, then the applicant shall
				perform a wetland delineation according to Army Corps of Engineers accepted
				procedures. If the proposed operation will avoid any impact to the potential
				wetland, either through direct disturbance or by affecting the watershed, then
				this shall be clearly stated in the mine plan.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 9 - PERMIT APPLICATION REQUIREMENTS FOR SMALL MINING OPERATIONS › Section 9-4 - Mine Operations Plan

Current through July 13, 2024
The application shall include a mining plan with the
				  following information:
(a) A
				description of the nature and scope of the proposed operation, including roads
				to be constructed, mining technique, equipment, method of operation, and a
				projected schedule for the operation;
(b) A map showing the location of all
				activities associated with the operation including roads, mine pit areas,
				out-of-pit spoil piles, waste water ponds, temporary drainage diversions,
				settling ponds, stockpiles for topsoil, overburden, ore, product, and waste,
				plant sites, and other processing facilities;
(c) Typical cross sections as appropriate to
				illustrate the proposed mine area, oriented perpendicular to each other and
				showing the natural ground surface elevation, the top and bottom of the mineral
				seam, the maximum expected depth of mining and the approximate elevation of the
				water table;
(d) A description of
				how topsoil and subsoil will be salvaged, stockpiled, and conserved for
				reclamation, including an estimate of the depth and volume of topsoil and
				subsoil to be salvaged on an annual basis;
(e) A plan for ensuring that all
				acid-forming, or toxic material, or materials constituting a fire, health, or
				safety hazard uncovered during or created by the mining process are promptly
				treated or disposed of during the mining process in a manner designed to
				prevent pollution of surface or subsurface water or threats to human or animal
				health and safety. The plan may include methods such as covering, burying,
				impounding, or otherwise containing or disposing of the acid, toxic,
				radioactive, or otherwise dangerous material;
(f) A description of all waste materials that
				may be generated by the operation and plans for their storage and disposal.
				Only waste materials classified as clean fill shall be disposed within the mine
				permit area and only with the written permission of the landowner. Clean fill,
				for the purposes of this Chapter, means only uncontaminated natural soil
				materials, rock, hardened asphalt rubble, brick, and concrete rubble with no
				protruding rebar. All other waste materials shall be taken off-site for
				disposal at an authorized disposal site;
(g) The procedures proposed to avoid
				constituting a public nuisance, endangering the public safety, human or animal
				life, property, wildlife and plant life in or adjacent to the permit area. The
				plan shall include fencing as necessary to prevent unauthorized access of
				persons, livestock or wildlife and to protect the surface owner's ongoing
				operations; and
(h) The methods of
				diverting surface water around the affected lands where necessary to
				effectively control pollution or unnecessary erosion.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 9 - PERMIT APPLICATION REQUIREMENTS FOR SMALL MINING OPERATIONS › Section 9-5 - Reclamation Plan

Current through July 13, 2024
The application shall include a reclamation plan describing
				  how the applicant will reclaim all of the affected lands to the proposed future
				  use or uses. The reclamation plan shall include the following:
(a) A statement of the proposed uses of the
				land by the landowner after reclamation;
(b) Plans for grading and contouring suitable
				for the proposed land uses after reclamation, including the maximum slope that
				will be created and a plan to reestablish the surface drainage;
(c) A post-mine contour map at an appropriate
				scale showing the proposed contours of the affected area after completion of
				reclamation. The Administrator may waive this requirement if requested by the
				applicant and the degree of surface disturbance is small. Typical cross
				sections oriented perpendicular to each other shall be provided to show the
				original natural ground surface, the maximum depth of mining, the maximum
				horizontal extent of mining, and the proposed reclamation surfaces and
				slopes;
(d) The methods of
				reclamation for effective control of erosion, siltation, and pollution of
				affected stream channels and stream banks by the mining operations;
(e) If the reclamation plan proposes a
				permanent water impoundment:
(i) Copies of
				correspondence or permit documents showing the applicant has consulted with the
				Wyoming State Engineer's Office and complied with all applicable State Engineer
				requirements;
(ii) Plans
				demonstrating that the impoundment has been designed to ensure permanent
				stability and that the slopes and contouring will prevent safety hazards and
				allow for safe access for all water users, including livestock and wildlife;
				and
(iii) Documentation that the
				size of the impoundment and the expected quantity and quality of water will be
				suitable for the proposed uses. If the applicant is unable to demonstrate to
				the satisfaction of the Administrator that the water quantity and quality will
				be suitable for the proposed uses, the applicant shall provide an alternate
				plan, the applicant may be required to monitor the water in the impoundment
				following construction to demonstrate that the quantity and quality are
				suitable for the proposed uses;
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 9 - PERMIT APPLICATION REQUIREMENTS FOR SMALL MINING OPERATIONS › Section 9-6 - Evaluation of Revegetation Success

Current through July 13, 2024
Revegetation success shall be evaluated by the Administrator
				  utilizing qualitative methods, no sooner than the fifth growing season
				  following completion of reclamation. In consultation with the landowner,
				  revegetation shall be deemed successful when:
(a) The established vegetation species are
				self-renewing;
(b) The total
				vegetative cover of perennial species, excluding noxious weeds, and any species
				in the approved seed mix is at least equal to the total vegetative cover of
				perennial species, excluding noxious weeds, on the area before mining;
				and
(c) The species diversity and
				composition are suitable for the approved post-mining land uses.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 9 - PERMIT APPLICATION REQUIREMENTS FOR SMALL MINING OPERATIONS › Section 9-7 - Conversion of Small Mine Permit to Regular Mine Permit

Current through July 13, 2024
(a) If an operator,
				holding a valid permit under this Chapter for a small mining operation, intends
				to expand his operation within the approved permit area to remove more than
				thirty-five thousand cubic yards of overburden, excluding topsoil, per year or
				affect more than ten acres of land per year, excluding roads used to access the
				mining operation, the operator shall submit an application for a permit
				revision and obtain approval for the expansion prior to the time when he
				intends to exceed the established limits. The application shall include the
				following information:
(i) Application on
				forms supplied by the Division;
(ii) Revised mining and reclamation plans and
				schedules;
(iii) Revised maps, in
				such detail as required by the Administrator;
(iv) Updated environmental baseline
				information in such detail as required by the Administrator; and
(v) An appropriate reclamation
				bond.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 10 - LIMITED MINING OPERATIONS FOR FIFTEEN ACRES OR LESS OF AFFECTED LAND › Section 10-1 - Commencement

Current through July 13, 2024
(a) At least thirty
				(30) days prior to the commencement of surface mining operations for the
				removal of sand, gravel, scoria, limestone, dolomite, shale, ballast, or
				feldspar from an area of fifteen (15) acres or less of affected land, excluding
				access roads, a notification shall be submitted by the operator to the
				Administrator and the inspector of mines within the department of workforce
				services. The notification must be on forms supplied by the Division and shall
				contain the following:
(i) The name, address,
				and telephone number of the operator.
(ii) The written consent for the operation
				from the surface owner and surface lessee, if any, of the land to be affected.
(iii) The location of the area of
				the operation by legal subdivision, section, township, and range. If there is
				no other survey, the location by protracted survey, metes and bounds, or
				claims.
(iv) The mineral to be
				mined.
(v) A USGS topographic map:
(A) The notification submitted to the
				Administrator must be accompanied by an original quadrangle map (photo copies
				or other similar copies are not acceptable unless prior approval is obtained
				from the Land Quality Division).
(B) The following information shall be shown
				on the quadrangle map:
(I) A legal
				description of the fifteen (15) acres or less of land to be affected.
(II) If any previous mining has taken place,
				or is taking place, within the fifteen (15) acres or less to be affected, show
				the location and identity of this mining as an existing mining
				operation.
(III) Show any existing
				or proposed access or haul roads into, or away from the proposed mining
				operation. Any roads to be constructed or upgraded by the operator shall be
				included as part of the operation from that point that they provide exclusive
				service and shall be covered by a reclamation bond but are not included in the
				fifteen (15) acres of affected land limitation.
(vi) The operator shall provide a description
				of the proposed mining operation. This description shall include:
(A) Number of acres to be affected.
(B) Maximum depth to which mining will
				occur.
(C) Depth to groundwater
				where known.
(D) The premining and
				proposed postmining land use.