reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 11 - FINANCIAL ASSURANCE › Section 11-1 - 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 in 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 0006 - Land Quality - Coal › Chapter 11 - FINANCIAL ASSURANCE › Section 11-2 - Acceptable Financial Instruments

Current through July 13, 2024
The following bond instruments are accepted by the Division:
				  corporate surety, irrevocable letters of credit, 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 0006 - Land Quality - Coal › Chapter 11 - FINANCIAL ASSURANCE › Section 11-3 - 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 liabilities 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 limitations 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 surety only after ninety
				(90) days notice to the Director, and upon receipt of the Director's written
				consent, which may be granted only when the requirements of the bond have been
				fulfilled.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 11 - FINANCIAL ASSURANCE › Section 11-4 - 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, a description of the corporate
				structure, 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 0006 - Land Quality - Coal › Chapter 11 - FINANCIAL ASSURANCE › Section 11-6 - Voluntary Irrevocable Assigned Trusts

Current through July 13, 2024
(a) All coal
				permits and licenses are eligible for a voluntary irrevocable assigned
				trust.
(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 0006 - Land Quality - Coal › Chapter 11 - FINANCIAL ASSURANCE › Section 11-7 - 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 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 0006 - Land Quality - Coal › Chapter 12 - PROCEDURES APPLICABLE TO SURFACE COAL MINING OPERATIONS › Section 12-1 - Permitting Procedures

Current through July 13, 2024
(a) In addition to
				the permitting procedures described in the Act, the following shall be
				applicable to applications for a permit for a surface coal mine operation:
(i) For the purposes of alluvial valley
				floors, prior to determining that an application is suitable for publication in
				accordance with W.S. § 35 -
				1 l-406(j) and upon the basis of sufficient
				information, the Administrator shall make a determination in writing as to the
				existence and extent of an alluvial valley floor within the permit area or on
				adjacent areas where the mining operation may affect surface water or
				groundwater that supply an alluvial valley floor unless the preapplication
				determination in Chapter 3, Section
				2(a) has already been
				made. Any preapplication determination and all information submitted for this
				determination shall be included in the permit application and shall be
				available for public notice, opportunity for comment and any conference or
				hearing. The Administrator shall determine that an alluvial valley floor exists
				when, in accordance with W.S. §
										
											35-11-103(e)(xviii), it is
				found that:
(A) Unconsolidated streamlaid
				deposits holding streams are present; and
(B) There is sufficient water to support
				subirrigation or flood irrigation agricultural activities.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 12 - PROCEDURES APPLICABLE TO SURFACE COAL MINING OPERATIONS › Section 12-2 - Bonding and Insurance Procedures

Current through July 13, 2024
(a) For surface
				coal mining operations, the following two types of bond calculations shall be
				required for setting a single bond amount:
(i) Area Bond: This bond calculation shall be
				no less than the estimated cost of completing the maximum amount of rough
				backfilling during the annual bonding period set forth in W.S. §§
										
											35-11-411 and 35-1 l-417(c), in order to meet
				the applicable rough backfilling standards in Chapter 4 of these regulations
				and any other rough backfilling requirements of the approved permit.
(ii) Incremental Bond: This bond calculation
				shall be no less than the estimated cost of performing all reclamation
				requirements other than those covered by (a)(i) above, during the annual
				bonding period in order to meet the standards of the Act, the regulations, and
				the provisions of the permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 13 - SURFACE COAL MINING PERMIT REVISIONS › Section 13-1 - Permit Revision Applications

Current through July 13, 2024
(a) Applications
				for a permit revision 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 will be affected by
				the revision; and
(v) The following
				information, if different from that submitted in the original permit
				application:
(A) The precise location of the
				permit area by legal subdivision,
s
ection, 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; 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 area;
(vi) A detailed description of the proposed
				revised mining or reclamation 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 area showing the land to be affected by the revised mining or
				reclamation operation, in detail, distinctly outlined and identified;
(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. §
												35-11-428;
(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 change; and
(viii) Such other information as the
				Administrator deems necessary.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 13 - SURFACE COAL MINING PERMIT REVISIONS › Section 13-2 - Criteria for Public Notice Requirements

Current through July 13, 2024
(a) Within ninety
				days after receiving a permit revision application, the Administrator shall
				notify the operator whether or not the application is complete and whether the
				revision is determined to be significant, requiring notice and opportunity for
				interested parties to submit objections to the revision application.
(b) Notice and opportunity to submit
				objections is required whenever the application proposes significant deviations
				from the approved mining and reclamation plan. The following will be considered
				significant deviations, unless otherwise determined by the Administrator:
(i) A change in the approved future land use
				or uses that affects more than twenty percent of the land within the permit
				area;
(ii) 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 process are promptly treated or disposed of
				during the mining or reclamation process in a manner designed to prevent
				pollution of surface or subsurface water or threats to human or animal health
				and safety;
(iii) The construction
				or relocation of mills or tailings disposal facilities;
(iv) A change in the approved method of
				mining that results in surface disturbance (e.g. underground, surface or in
				situ mining);
(v) A change that
				would adversely affect the quality, quantity, or distribution of water in
				surface or groundwater systems; or
(vi) Any changes that propose significant
				alterations in the approved mining or reclamation operation, as determined by
				the Administrator.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 13 - SURFACE COAL MINING PERMIT REVISIONS › Section 13-3 - Permit Decisions, Public Notice, and Opportunity for Filing Objections

Current through July 13, 2024
(a) For all permit
				revision applications, the Director shall approve or deny the proposed revision
				in accordance with the applicable criteria set forth in W.S. §
									35-11-406
				and these rules.
(b) For
				non-significant revisions, that do not require public notice, the Director
				shall render a decision on the application within thirty days after the
				Administrator determines the application to be complete.
(c) For significant permit revisions:
(i) The operator shall cause notice of the
				application for permit revision to be published in a newspaper of general
				circulation in the locality of the mining site once a week for four consecutive
				weeks commencing within 15 days after notification that publication is
				required. The notice shall contain that 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 and request an informal conference in accordance with W.S. §
										35-11-406(p).
(iii) The Director shall hold an informal
				conference upon request and render a decision on the application in accordance
				with W.S. §
										35-11-406(p);
				and
(iv) The applicant or objector
				may appeal the Director's decision to the Environmental Quality Council in
				accordance with W.S. §
										35-11-406(p).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 13 - SURFACE COAL MINING PERMIT REVISIONS › Section 13-4 - Review of Existing Permits

Current through July 13, 2024
Upon review of the operator's annual report or inspection of
				  the existing operation, the Administrator, with the concurrence of the
				  Director, may require an operator to submit an application for permit revision
				  when the Administrator finds in writing that a mine or reclamation plan
				  revision is necessary to account for actual changes in the operator's mining or
				  reclamation 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 0006 - Land Quality - Coal › Chapter 13 - SURFACE COAL MINING PERMIT REVISIONS › Section 13-5 - Exception

Current through July 13, 2024
This Chapter does not apply to extensions of the mine permit
				  boundary. Any boundary revision other than an incidental boundary revision,
				  must be made in accordance with the Act and by application for a permit
				  amendment with public notice, and opportunity for filing objections. The
				  operator shall notify the Administrator in advance where the extension is an
				  incidental boundary revision, and possess a copy of the notification at the
				  site of the operation. The operator will not be allowed to utilize this
				  provision for incidental boundary revisions so as to circumvent the policy and
				  purpose of this Chapter or the Wyoming Environmental Quality
				  Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 13 - SURFACE COAL MINING PERMIT REVISIONS › Section 13-6 - Exception

Current through July 13, 2024
(a) For surface coal mining operations, this
				Chapter does not apply to extensions of the mine permit boundary. Any such
				extension, except incidental boundary revisions, must be made in accordance
				with the Act and by application for a permit amendment with public notice, and
				opportunity for hearing. The operator shall notify the Administrator in advance
				where the extension is an incidental boundary revision, and possess a copy of
				the notification at the site of the operation. The operator will not be allowed
				to utilize this provision for incidental boundary revisions so as to circumvent
				the policy and purpose of this Chapter and the Wyoming Environmental Quality
				Act.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-1 - 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(2015)
				and this Chapter.
(b) The
				requirements of this Chapter shall apply to exploration by drilling within and
				outside of the permit area of a surface coal mining and reclamation operation.
				The requirements of this Chapter shall not apply to backfill wells or coal
				developmental drilling conducted within five hundred (500) feet of the active
				mine area.
(c) Prior to any coal
				exploration by drilling inside a permit area where the drilling is located five
				hundred (500) feet or more from the active mine area, the developer shall
				notify the Administrator and adjust the reclamation bond for the coal
				permit.
(d) Prior to any coal
				exploration by drilling outside of the permit area of a surface coal mining and
				reclamation operation, the discoverer shall provide a Drilling Notification and
				a reclamation bond acceptable to the Administrator.
(e) The Drilling Notification shall be in a
				form as specified by the Administrator and shall include:
(i) The approximate number and depth of holes
				to be drilled; and
(ii) A map
				showing the approximate hole locations within the exploration area.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-2 - General Drill Hole Abandonment Requirements

Current through July 13, 2024
(a) All drill holes
				sunk for the purpose of conducting exploration, including those drilled within
				the permit area of a surface coal mining and reclamation operation, by drilling
				shall be capped, sealed or plugged in the manner described
				hereinafter.
(b) Drill holes that
				have artesian flow of groundwater to the surface shall be plugged with
				cement-based sealant material, as specified and in the manner described below,
				to prevent fluid communication and adverse changes in water quality or
				quantity.
(i) When the underground pressure
				head producing flow is such that a counter pressure must be applied to force a
				sealant into the drill hole, this counter pressure shall be maintained for the
				length of time required for the cementing mixture to set.
(ii) The minimum time that must be allowed
				for materials containing cement to "set" shall be in accordance with ASTM C150
				or API RP 10B.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-3 - Reclamation of Drill Sites and Affected Lands

Current through July 13, 2024
(a) Drill sites and
				associated ancillary roads, as defined in Chapter 1 and 4 of these rules and
				regulations, shall be restored as nearly as possible to their original
				location.
(b) To the extent
				possible, all drilling fluids, drill cuttings and geologic samples shall be
				handled in the following manner:
(i) For those
				drill holes abandoned as per Subsection 2(h) of this chapter, remaining drill
				cuttings may be spread on the surface in such a manner as to prevent impairment
				of vegetation. 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.
(ii) For all other
				drill holes: 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.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-4 - 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 the 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
				reestablished. All bonds shall be signed by the discoverer as principal, by a
				good and sufficient corporate surety licensed to do business in the State, and
				be made payable to the State of Wyoming.
(c) In lieu of a bond, the discoverer may
				deposit federally insured certificates of deposit payable to the Department of
				Environmental Quality, cash or government securities or all three.
(d) 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 11, Land Quality Coal Rules and
				Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-5 - Termination and Report of Operations

Current through July 13, 2024
(a) Within 12
				months after compliance with 3(a) and sufficient compliance with 3(b) and (c)
				so that full compliance can be predicted by the Administrator, the discoverer
				shall comply with the reporting requirements of W.S. §
									35-11-404(e) or (f)
				(2015). After receipt of such report, the
				Administrator shall have one year to inspect and evaluate the hole completion
				and surface restoration work and make a determination of whether to release the
				bond to the discoverer or institute forfeiture proceedings.
(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(2015);
				substituting therein "discoverer" for "operator"; "surface restoration" for
				"reclamation" and "exploration by drilling" for "surface mining".
(c) Failure to so inspect and evaluate 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) (2015), 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 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-6 - Exceptions

Current through July 13, 2024
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)
				  (2015).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 14 - EXPLORATION FOR COAL BY DRILLING › Section 14-7 - 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 groundwater 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 thirty (30) days.
(c) Wells shall be permitted in accordance
				with the requirements of the State Engineer's Office, in accordance with W. S.
				§
									35-11-404(c)(iv)
				(2015).
(d) Provisions shall be made such that each
				well is secured to prevent contaminant entry.
(e) Adequate bond shall be provided to assure
				that all wells are properly plugged and sealed and the sites
				restored.
(f) 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.
(g)
				Well abandonment reports shall be filed with the Administrator and the State
				Engineer's Office within twelve (12) months of abandonment.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-1 - Request for Release

Current through July 13, 2024
(a) The procedures
				in this Chapter are administrative in nature and the operator shall submit and
				resolve with the Division any demonstration of meeting the performance
				standards of the Act, regulations, or approved permit prior to requesting bond
				release. The Division shall review any such demonstrations by the operator
				within the time frames required for revisions specified in Chapter 13 of these
				regulations. Failure to demonstrate the required performance standards prior to
				filing a request under this Chapter may be grounds for rejecting the request
				and the reasons for the denial will be provided by the Adminis
				trator.
(b) The operator may file a
				request with the Division for the release of all or part of an area bond, an
				incremental bond, or a deposit. The request shall contain the following
				information:
(i) The precise location of the
				land affected by legal subdivision, Section, township, range, county and
				municipal corporation, if any.
(ii)
				The number of acres affected.
(iii)
				The permit number and the date approved.
(iv) The type and amount of bond, and type
				and portion sought to be released.
(v) A map describing the location and acreage
				of each type of bond release in the request, the dates of rough backfilling,
				the dates of topsoil replacement and replacement depths, and the dates of
				seeding.
(vi) A notarized
				statement, signed by the applicant's authorized representative, which certifies
				that all applicable reclamation activities have been accomplished in accordance
				with the Act, the regulations, and the approved permit. Such certification
				shall be submitted for each bond release application.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-2 - Administrative Hearing

Current through July 13, 2024
(a) Any affected
				person has the right to file written comments or objections to the request for
				bond release with the Administrator within 30 days after the last publication
				of the above notice. Affected persons are:
(i) Any person with an interest which is or
				may be adversely affected by bond release; and
(ii) The responsible officer or head of any
				Federal, State or local government agency which:
(A) Has jurisdiction by la w or special
				expertise with respect to any environmental, social or economic impact
				involved; or
(B) Is authorized to
				develop and enforce environmental standards with respect to surface coal
				mining.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-3 - Inspection of the Permit Area

Current through July 13, 2024
(a) Within 60 days
				of notification to the operator of a complete request, the Administrator shall
				conduct an inspection and evaluation of the mining and reclamation work
				involved, conditions permitting. Such evaluation shall consider whether the
				operator has complied with his approved mining and reclamation plan which shall
				include, among other things:
(i) Degree or
				difficulty to complete any remaining reclamation.
(ii) Whether pollution of surface and
				subsurface waters is occurring.
(iii) Probability of future occurrence of
				such pollution.
(iv) The estimated
				cost of abating such pollution.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-4 - Notification

Current through July 13, 2024
(a) The Director shall notify the operator in
				writing of his decision to release or not to release all or part of the bond(s)
				within 75 days of notification to the operator of a complete request, if no
				public hearing is held pursuant to Section
				2. If there has been a public hearing, the
				notification to the operator shall be within 30 days from the decision. At the
				same time, the Director shall also notify any persons who either filed written
				objections or objectors who were a party to the hearing proceedings, if any, of
				the decision.
(b) The Administrator
				shall notify the municipality in which the surface coal mining operation is
				located by certified mail at least 30 days prior to the release of all or a
				portion of the bond.
(c) If bond
				release is disapproved, the notice shall include any recommended corrective
				actions necessary to secure the release and specify that an opportunity for
				public hearing is afforded upon request.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-5 - Schedule for Release of Incremental Bond

Current through July 13, 2024
(a) The
				Administrator may recommend to the Director the release of incremental bond
				according to the following schedule.
(i) When
				the operator completes the backfilling, regrading, topsoil replacement,
				recontouring and drainage control of a bonded area in accordance with his
				approved reclamation plan, the release of 60 percent of the incremental bond
				for the applicable permit area.
(ii) After vegetation whose species
				composition is commensurate with that of the seed mix(es) of the approved
				reclamation plan and the species composition required by Chapter 4 Section
				2(d)(x), the amount of
				bond to be released shall be determined by:
(A) The amount the Director determines must
				be retained for the permit area which would be sufficient for a third party to
				cover the cost of reestablishing vegetation so as to comply with the Act and
				all rules and regulations promulgated thereunder.
(B) No part of the remaining bond or deposit
				shall be released under this provision.
(I)
				So long as the lands to which the release would be applicable are contributing
				suspended solids to streamflow or runoff outside the permit area in excess of
				premining concentrations of receiving waters.
(II) Until soil productivity for prime
				farmlands has returned to equivalent levels of yield as nonmined land of the
				same soil type in the surrounding area under equivalent management practices in
				accordance with Chapter 5, Section
				2(b).
(III) Where a permanent impoundment is
				involved, this portion (B) of the bond may be released only after any
				renovation which may be required to meet the regulations and the permit has
				been completed and the State Engineer has approved the impoundment for its
				intended use.
(iii) The remaining portion of the bond may
				be released after the operator has successfully completed all surface coal
				mining and reclamation activities and complied with the reclamation
				requirements of the Act, regulations and permit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-6 - Replacement or Substitution of Bonds

Current through July 13, 2024
This Chapter in no way governs when the Administrator or
				  operator requests replacement of or substitution for the original bond by
				  another bond, self-bond or deposit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 15 - RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR SURFACE COAL MINING OPERATIONS › Section 15-7 - Termination of Jurisdiction

Current through July 13, 2024
(a) The
				Administrator may terminate jurisdiction over the reclaimed site of a completed
				surface coal mining and reclamation operation, or increment thereof, when the
				Administrator determines in writing that all requirements imposed under the
				rules and regulations and Environmental Quality Act have been successfully
				completed and the Administrator has made a final decision in accordance with
				Chapters 4 and 15 to release the performance bond fully.
(b) Following a termination under paragraph
				(a) of this Section, the Administrator shall reassert jurisdiction over a site
				if it is demonstrated that the bond release or written determination referred
				to in paragraph (a) of this Section was based upon fraud, collusion, or
				misrepresentation of a material fact.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 16 - INSPECTIONS, ENFORCEMENT AND PENALTIES FOR SURFACE COAL MINING OPERATIONS › Section 16-1 - Inspections

Current through July 13, 2024
(a) Frequency and extent of inspection: The
				Director's designated authorized representative shall inspect:
(i) On an irregular basis active surface coal
				mining and reclamation operations and any other areas outside the permit area
				which are or may be affected by the surface coal mining and reclamation
				operation every month, averaging at least one quarterly review of the
				operator's compliance with all conditions and requirements of the permit,
				Article IV, and these regulations within the entire affected land. Inspections
				of coal exploration operations and inactive surface coal mining operations
				shall occur periodically so as to determine compliance or noncompliance with
				the permit conditions, Article IV and these regulations; provided that a
				complete inspection shall occur each calendar quarter for inactive coal mines.
				All inspections shall occur without prior notice, except as the representative
				deems necessary, to the person being inspected. The representative shall
				promptly submit all inspection records, reports or other materials to the head
				of the district office and the Director for public inspection and enforcement
				action purposes.
(ii) Immediately
				to enforce the Act, the regulations, or any condition of a permit or an
				exploration approval when he has reason to believe that enforcement action
				under W.S. § 35 -
				1 l-437(a) or (b) is required.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 16 - INSPECTIONS, ENFORCEMENT AND PENALTIES FOR SURFACE COAL MINING OPERATIONS › Section 16-3 - Civil Penalties

Current through July 13, 2024
(a) Amount - In
				determining the amount of the penalty, if any, to be assessed, consideration
				shall be given to:
(i) The operator's history
				of previous violations at the particular surface coal mining operation,
				regardless of whether any led to a civil penalty assessment. Special
				consideration shall be given to violations contained in or leading to a
				cessation order. However, a violation shall not be considered if the notice or
				order containing the violation:
(A) Is or may
				become the subject of pending administrative or judicial review; or
(B) Has been vacated.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 16 - INSPECTIONS, ENFORCEMENT AND PENALTIES FOR SURFACE COAL MINING OPERATIONS › Section 16-4 - Individual Civil Penalties

Current through July 13, 2024
(a) For purposes of
				this section:
(i) "Knowingly" means that a
				person who authorized, ordered, or carried out an act or omission knew or had
				reason to know that the act or omission would result in either a violation or a
				failure to abate or correct a violation;
(ii) "Violation, failure or refusal" means:
(A) A violation of a condition of a permit
				issued pursuant to the State program or Federal lands program; or
(B) A failure or refusal to comply with any
				order issued under Section
				2 of this Chapter, or any order
				incorporated in a final decision issued by the Director under the Act, except
				for failure to pay a civil penalty.
(iii) "Willfully" means that a person who
				authorized, ordered or carried out an act or omission that resulted in either a
				violation or the failure to abate or correct a violation acted:
(A) Intentionally, voluntarily or
				consciously; and
(B) With
				intentional disregard or plain indifference to legal requirements.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 17 - DESIGNATION OF AREAS UNSUITABLE FOR SURFACE COAL MINING › Section 17-1 - Definitions

Current through July 13, 2024
For the purposes of this Chapter,
(a) "Fragile lands" means geographic areas
				containing natural, ecologic, scientific or aesthetic resources that could be
				damaged or destroyed by surface coal mining operations. Examples of fragile
				lands include crucial or important habitats for fish or wildlife, critical
				habitats for endangered species, uncommon geologic formations, National Natural
				Landmark sites, areas where mining may result in flooding, environmental
				corridors containing a concentration of ecologic and aesthetic features, areas
				of recreational value due to high environmental quality, and buffer zones
				adjacent to the boundaries of areas where surface coal mining operations are
				prohibited under W.S. §
									
										35-11-406(n)(iv).
(b) "Historic lands" means historic, cultural
				and scientific areas that could be damaged or destroyed by surface coal mining
				operations. These include, but are not limited to archaeological and
				paleontological sites, National Historic Landmark sites, sites listed on or
				eligible for listing on the National Register of Historic Places, sites having
				religious or cultural significance to native Americans or religious groups, or
				sites for which historic designation is pending.
(c) "Natural hazard lands" means geographic
				areas in which natural conditions exist which pose or, as a result of surface
				coal mining operations, may pose a threat to the health, safety or welfare of
				people, property or the environment, including areas subject to landslides,
				cave-ins, large or encroaching sand dunes, severe wind or soil erosion,
				frequent flooding, avalanches, and areas of unstable geology.
(d) "Person having an interest which is or
				may be adversely affected" shall include any person:
(i) Who uses any resource of economic,
				recreational, aesthetic, or environmental value that may be adversely affected
				by coal exploration or surface coal mining and reclamation operations;
				or
(ii) Whose property is or may be
				adversely affected by coal exploration or surface coal mining and reclamation
				operations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 17 - DESIGNATION OF AREAS UNSUITABLE FOR SURFACE COAL MINING › Section 17-2 - Petitions

Current through July 13, 2024
(a) Any person having an interest which is or
				may be adversely affected has the right to petition the council to have an area
				designated as unsuitable for surface coal mining operations, or to have an
				existing designation terminated.
(b) Designation. A petition for designation
				shall be notarized and must contain:
(i) The
				petitioner's name, address, and telephone number;
(ii) A discussion of the petitioner's
				interest which is or may be adversely affected;
(iii) A precise description of the boundaries
				of the area covered by the petition, including its location and size, and a
				USGS topographic map outlining the perimeter of the petitioned area;
(iv) An identification of the criterion or
				criteria on which the proposed designation rests, including potential adverse
				effects on people, land, air or other resources including petitioner's
				interests, resulting from mining in the area;
(v) Allegations of fact, specific to the
				petitioned area and to the petitioner's interests, which tend to establish the
				criterion or criteria on which the proposed designation rests;
(vi) A specific identification of the sources
				of supporting evidence on which the allegations of fact rest;
(vii) Where the petitioner does not own all
				property interests affected by the designation, an identification of any or all
				such property interests known to the petitioner; and
(viii) Other information which is requested
				by the Administrator.