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 2-6 - Reclamation Plan

Current through July 13, 2024
(a) The reclamation
				plan shall include a time schedule for each major step in the reclamation which
				coordinates the operator's reclamation plan with the mining plan in such a
				manner so as to facilitate reclamation at the earliest possible time consistent
				with Chapter 4, Section
				2(k) and the orderly
				development of the mining property.
(b) The reclamation plan shall also describe
				how the operator will reclaim the affected lands to the proposed postmining
				land use in accordance with Chapter 4, Section
				2(a) and shall include:
(i) A plan for topsoil and subsoil removal,
				storage, protection, and replacement and for handling and disposal of all
				toxic, acid-forming, or otherwise hazardous materials, in accordance with
				Chapter 4, Section
				2(c). This shall include a
				description with location maps and, where appropriate, typical topographic
				profiles of the mine facility area, mineral stockpiles, spoil piles, and
				topsoil and subsoil stockpiles. The location and, where required, the capacity
				of each stockpile shall be described and shown on a map. The application shall
				also explain how the topsoil will be replaced on the affected land during
				reclamation, including a description of the thickness of topsoil to be replaced
				and procedures that will be followed to protect the topsoil from excessive
				compaction and wind and water erosion until vegetation has become adequately
				established.
(ii) A plan for
				backfilling, grading and contouring of all affected lands in accordance with
				Chapter 4, Section
				2(b), including:
(A) A description of the reclaimed land
				surface with contour maps or cross-sections that show the final surface
				configuration of the affected lands.
(B) Where terraces or benches are proposed,
				detailed drawings shall be provided which show dimension and design of the
				terraces, check dams, any erosion prevention techniques and slopes of the
				terraces and their interval.
(C)
				Where permanent water impoundments are proposed, contour maps and
				cross-sections which show slope conditions around the impoundment and the
				anticipated high and low postmining water level. The plan shall contain a
				description of erosion control techniques and such other design criteria and
				water quality and quantity conditions to comply with Chapter 4, Section
				2(g)(ii).
(D) Maps and descriptions necessary to
				demonstrate that the slopes of the reclaimed land surface do not exceed the
				approximate premining slopes.
(E)
				Procedures for assuring stability of the reclaimed land surface.
(F) Plans for disposal of inert
				decommissioned wind turbine blades and towers as backfill, subject to the
				following requirements:
(I) Disposable
				material shall be limited to only inert base material from decommissioned wind
				turbine blades and towers.
(II)
				Non-disposable material.
(1.) Nacelles and
				nacelle housings shall not be permitted for use as backfill.
(2.) All mechanical, electrical, and other
				materials shall be removed from the decommissioned wind turbine blades and
				towers prior to disposal.
(III) Approved backfill locations.
(1.) Inert decommissioned wind turbine blades
				and towers shall only be placed in the end walls or the final pit
				voids;
(2.) The approved materials
				shall be placed a minimum of twenty feet above the pre-mining potentiometric
				surface of the coal aquifer and a minimum of twenty feet below the final
				regraded spoils surface;
(3.) The
				approved backfill disposal location shall be mapped and a legal description of
				the location shall be provided. Backfill disposal location maps and groundwater
				monitoring locations shall be updated annually in the required annual
				report;
(4.) The approved backfill
				disposal location may be designated as a joint or alternative land use in the
				approved reclamation plan (Chapter 2, Section 6(b)(x)(B) ). Approval of
				alternative land uses shall require a demonstration as required in Chapter 2,
				Section 6(b)(x)(C). The disposal of wind turbine blades and towers must support
				the postmining land use identified in accordance with the requirements of
				Section 6(x) of this Chapter.
(5.)
				Upon final reclamation, a disclosure must be placed on the real property deed
				for the described lands prior to final bond release.
(6.) The backfill disposal location approved
				by the Division shall comply with Chapter 4, Section
				4 of the Solid and Hazardous Waste Division
				Rules.
(IV) Closure
				requirements.
(1.) The wind turbine blades
				and towers backfill material shall be placed in a lift not to exceed ten feet
				and covered by a minimum lift of at least fifteen feet of suitable backfill
				material in accordance with Chapter 4, Section
				2(b) of the Division's Coal
				Rules in order to minimize potential future surface subsidence. Multiple lifts
				are permitted;
(2.) The groundwater
				monitoring plan required by Section
				5(a)(ix)(D)(II) of this
				Chapter shall include monitoring wells to be installed and monitored in
				accordance with the Chapter 4, Section
				8(b)(iv)(A) of the Solid
				and Hazardous Waste Division Rules. The monitoring results shall be reported in
				the coal annual report; and
(3.)
				The backfill site shall be released by the Division in accordance with the
				approved reclamation plan. The groundwater and vegetation monitoring shall
				continue until final bond release.
(V) Final surface reclamation requirements.
(1.) The final reclamation surface must blend
				with the surrounding mine reclamation and have a permanent vegetative cover in
				accordance with Chapter 4, Section
				2(d) of the Division's Coal
				Rules; and
(2.) Final reclamation
				must drain properly and not impound water in accordance with the Division's
				Coal Chapter 4 requirements.
(VI) The operator shall remit fees quarterly
				to the Department in the amount of twenty-five percent of any revenues
				collected by the operator for the disposal of wind turbine blades and
				towers.
(iii)
				A plan to assure revegetation of all affected land in accordance with Chapter
				4, Section
				2(d) of the Division's Coal
				Rules including:
(A) The method and schedule
				of revegetation, including but not limited to species of plants, seeding rates,
				seeding techniques, mulching requirements and other erosion control techniques,
				and seeding times to be used in a given area for reclamation
				purposes.
(B) For crucial habitat
				and critical habitat, consultation with and approval obtained from the Wyoming
				Game and Fish Department for tree and shrub species composition and ground
				cover for minimum stocking and planting arrangements of trees and shrubs.
				Crucial habitat must be declared as such prior to the submittal of a permit
				application or any subsequent amendment.
(C) For important habitat, consultation with
				and recommendations obtained from the Wyoming Game and Fish Department for tree
				and shrub species composition and ground cover for minimum stocking and
				planting arrangements.
(D) The tree
				species, the number per species, and the location of tree plantings.
(E) A separate seed mix(es) shall be
				developed for each approved postmining land use, considering the dominant
				postmining topographic features and landowner desires.
(I) The species shall be described in the
				reclamation plan indicating the composition of seed mixtures and the amount of
				seed to be distributed on the area on a per acre basis.
(II) The species and varieties shall depend
				upon the climatic and soil conditions prevailing in the permit area and the
				proposed postmining landuses.
(III)
				The species shall be self-renewing;
(IV) Seeding rates shall depend upon seed
				types, climatic conditions and the techniques to be used in seeding;
(V) The seed mix shall contain introduced
				species only if:
(1.) Additional herbaceous
				species are needed; or
(2.)
				Suitable, native species are unavailable; or
(3.) For cropland or pastureland
				or;
(4.) Needed to achieve a quick,
				temporary, stabilizing cover to control erosion; or
(5.) Conducive to achieve a postmining land
				use approved by the Administrator.
(VI) The operator shall document, unless
				otherwise authorized by the Administrator, the suitability of introduced
				species using data from published literature, from experimental test plots,
				from on-site experience, or from other information sources.
(VII) For grazingland, the seed mix shall
				contain full shrub and/or subshrub species when these species will support the
				postmining land uses. To increase postmining species diversity and establish
				shrub mosaics, shrub mixtures shall be developed and seeded separately from the
				herbaceous mixtures.
(VIII) For
				federally owned surface, the federal land managing agency shall be consulted
				for mulching requirements and seeding requirements for cover crops, temporary
				and permanent reclamation.
(IX) The
				proposed postmining location of each seed mix shall be illustrated on a post
				mining contour map.
(F)
				Locations and/or conditions where the operator specifically requests approval
				not to use mulch.
(G) A weed
				control plan for State of Wyoming Designated Noxious and Designated Prohibited
				Weeds and, on federal surface, any additional weeds listed by the federal land
				managing agency.
(H) An explanation
				of any plans for irrigation.
(I) An
				explanation of pest and disease control measures, if appropriate;
(J) A plan for monitoring permanent
				revegetation on reclaimed areas, specifically including quantitative sampling,
				as required by Chapter 4, Section
				2(d)(i)(J).
(iv) A plan for measurement of
				revegetation success to include:
(A) How a
				Reference Area shall be used for cover and production, unless technical
				standards for cover and production have been approved for a projected postmine
				community.
(B) The methods to be
				used for measuring the shrub density standard as approved by the
				Administrator.
(C) The methods to
				be used for evaluating the shrub density goal as approved by the Administrator,
				where applicable.
(D) The
				procedures to be used for measuring species diversity and composition as
				approved by the Administrator.
(E)
				If proposed, a technical success standard for a specified vegetation parameter.
				The technical success standard:
(I) Is
				derived from a sufficient number of years of baseline data so the standard
				value can be considered representative over a range of climatic conditions or a
				relationship between the parameter and climatic variables can be determined.
				For technical standards for cover and production, a minimum of five years of
				baseline data is necessary; and
(II) May be extended to an amendment area if
				the baseline information indicates the standard is applicable in that area.
(F) The procedures to
				be used as approved by the Administrator for the evaluation of restored
				postmining vegetation communities which carry the Cropland or Pastureland land
				use designation.
(G) If
				reforestation for commercial harvest is the method of revegetation,
				reforestation shall be deemed to be complete when a reasonable population
				density as established in the reclamation plan has been achieved, the trees
				have shown themselves capable of continued growth for a minimum period of five
				years following planting, and the understory vegetation is adequate to control
				erosion and is appropriate for the land use goal.
(v) Descriptions, including maps and
				cross-sections, of the surface water diversion systems which meet the
				requirements of Chapter 4, Section
				2(e). Monitoring of surface
				and groundwater conditions may be required during the course of the operation
				based on the existing water conditions and the nature of the proposed
				operation. If so required, the application shall include a description of the
				location, construction, maintenance, and removal, where necessary, of such
				monitoring stations.
(vi) Where a
				permanent water impoundment is proposed as final reclamation, the application
				shall include:
(A) Written consent from the
				surface landowner if different than the mineral owner.
(B) A description of the proposed use of the
				impoundment.
(C) A statement of the
				source, quality and quantity of water available for impoundment and a statement
				regarding its suitability for recreational, irrigation, livestock or wildlife
				watering. If, upon review of this information, water quality and quantity are
				not reasonably demonstrated to be suitable for the postmining use, the
				applicant shall be so notified in writing and shall be allowed to submit
				further documentation in support of the proposed impoundment to reasonably
				satisfy the Administrator. If the applicant is unable to demonstrate to the
				satisfaction of the Administrator that the water quality and quantity will be
				suitable for the postmining land use, the applicant shall provide an alternate
				plan.
(D) The operator may be
				required to monitor surface and groundwaters in order to determine that upon
				completion of the operation, the water quality and quantity will be consistent
				with the approved postmining use.
(E) A description of the construction of the
				impoundment so as to meet the requirements of Chapter 4, Section
				2(g)(ii).
(vii) A plan to assure proper
				construction and reclamation of any tailings impoundments in accordance with
				the Act and these regulations.
(viii) A plan for the disposal of mine
				facilities, erected, used
,
or modified by the
				applicant in accordance with the requirements of Chapter 4, Section
				2(m).
(ix) A description of the measures to be used
				to seal or manage mine openings in accordance with Chapter 4, Section
				2(p), and to cap, plug and
				seal all exploration holes, bore holes, wells, and other openings, excepting
				developmental drill holes which will be mined through within one year, within
				the area to be mined during the term of the permit in accordance with Chapter
				14. For developmental drilling, the application shall contain general
				descriptions relating to spacing, data collection, and techniques which will be
				employed, including those which may be needed to comply with the plugging and
				sealing requirements of W.S. §
										
											35-11-404.
(x) A postmining land use plan, including:
(A) The necessary support and maintenance
				activities that may be needed to achieve the proposed land use.
(B) Where a proposed land use is different
				from the premining land use:
(I) A discussion
				of the utility and capacity of the reclaimed land to support a variety of uses
				and the relationship of the proposed use to existing land use policies and
				plans; and
(II) A comparison of the
				premining and postmining land uses. The premining uses of land to which the
				postmining land use is compared shall be those uses which the land previously
				supported, if the land has not been previously mined and has been properly
				managed.
(1.) The postmining land use for
				land that has been mined and not reclaimed shall be judged on the basis of the
				highest and best use that can be achieved and is compatible with surrounding
				areas without requiring unreasonable disturbance of areas previously unaffected
				by mining.
(2.) The postmining land
				use for land that has received improper management shall be judged on the basis
				of the premining use of surrounding lands that have received proper
				management.
(3.) If the premining
				use of the land was changed within five years of the beginning of the mining,
				the comparison of postmining use to premining use shall include a comparison
				with the historic use of the land as well as its use immediately preceding
				mining.
(C)
				Approval of alternative land uses shall require a demonstration that:
(I) The alternative land use is equal to or
				greater than the highest previous use;
(II) There is reasonable likelihood for
				achievement of the use;
(III) The
				use does not present any actual or probable hazard to public health or safety,
				or threat of water diminution or pollution; and
(IV) The use will not:
(1.) Be impractical or
				unreasonable;
(2.) Be inconsistent
				with applicable land use policies or plans;
(3.) Involve unreasonable delay in
				implementation; or
(4.) Cause or
				contribute to violation of Federal, State, or local law.