Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 2 - PERMIT APPLICATION REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS › Section 2-2 - Adjudication Requirements

Current through July 13, 2024
(a) In addition to
				that information required by Wyoming Statute §
									
										35-11-406(a), each
				application for a surface coal mining permit shall contain:
(i) A complete identification of interests,
				which shall include:
(A) All owners of record
				of the property to be mined including legal and equitable owners, holders of
				record of any leasehold interest, and any purchaser of record under a real
				estate contract for the property to be mined;
(B) The names, addresses
,
and telephone numbers of any operators, if different
				from the applicant. If the applicant is a business entity other than a single
				proprietorship, then the names, addresses and telephone numbers of all limited
				and general partners, officers, members, directors
,
or persons performing a function similar to a director and persons who own, of
				record, ten percent or more of the entity or if a corporation then the names,
				addresses, and telephone numbers of principal shareholders, officers,
				directors, or other persons performing a function similar to a director, and
				resident agent(s) of the applicant. This shall also include a list of all the
				names under which the applicant, the applicant's partners or principal
				shareholders, and the operator and the operator's partners or principal
				shareholders operate or previously operated a surface coal mining operation in
				the United States within the five year period preceding the date of submission
				of the application;
(C) Taxpayer
				identification numbers for the applicant and operator;
(D) The names, addresses
,
and telephone numbers for each business entity in
				the applicant's and operator's organizational structure, up to and including
				the ultimate parent entity of the applicant and operator. For each business
				entity identified, the applicant shall also provide the names, addresses, and
				telephone numbers for every president, chief executive officer, director, or
				other person performing in similar roles and every person who owns, of record,
				ten percent or more of the entity;
(E) The name, address, telephone number,
				position title
,
and relationship to the applicant and
				operator including percentage of ownership and location in the organizational
				structure and date the person began functioning in that position for every
				officer, partner, member, director, person performing a function similar to a
				director and person who owns, of record, ten (10) percent or more of the
				applicant or operator;
(F) A list
				of any pending, current or previous surface coal mining permit applications
				filed in in the United States held by the applicant, partner or principal
				shareholder and the operator and operator's partners, principal shareholders
				who operate or previously operated a surface coal mining operation during the
				five year period preceding the date of the application. The list must identify
				each application by its application number and jurisdiction, or by other
				identifying information when necessary. For any surface coal mining operations
				that the applicant or the operator owned and controlled within the five year
				period preceding the application submission date and for any surface coal
				mining operation that the applicant or operator owned and controlled on that
				date, the applicant shall provide:
(I)
				Permittee's and operator's name and address;
(II) Permittee's and operator's taxpayer
				identification numbers;
(III)
				Federal or State permit number and corresponding MSHA number;
(IV) Regulatory authority with jurisdiction
				over the permit; and
(V)
				Permittee's and operator's relationship to the operation, including percentage
				of ownership and location in the organizational structure.
(G) If the applicant has previously applied
				for a coal mining permit and the information required in subsections (B) - (F)
				above is already in the Applicant Violator System (AVS), then the information
				may be updated as follows:
(I) If all or part
				of the information already in AVS is accurate and complete then the applicant
				shall certify to the LQD by swearing or affirming under oath and in writing
				that the relevant information in AVS is accurate, complete
,
and up to date;
(II) If part of the information in AVS is
				missing or incorrect
,
then the applicant shall submit
				to the LQD the necessary information or corrections and swear or affirm under
				oath and in writing that the information to be submitted is accurate and
				complete; or
(III) If the applicant
				can neither certify that the data in AVS is accurate and complete nor make
				corrections then the applicant shall include in the permit application the
				information required in subsections (B) - (F).
(H) A statement of all lands, interests in
				lands, options, or pending bids on interests held or made by the applicant for
				lands which are contiguous to the proposed permit area; and
(I) Legal ownership - if the operator
				includes roads or spur lines within the permit area but does not possess the
				mineral rights or the right-to-mine for these lands, the legal land description
				shall then be listed in the application as a separate subsection in Appendix
				"C". The heading of the subsection shall make it clear that the right-to-mine
				is not claimed on the described lands. Surface owners shall be listed for all
				lands crossed by spur lines and roads.