reglab/statecodes huggingface dataset:
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 17-3 - Processing the Petition

Current through July 13, 2024
(a)
(i) Promptly after a petition is received,
				the Administrator shall notify the general public of the receipt of the
				petition by a newspaper advertisement placed in the locale of the area covered
				by the petition and in the newspaper providing broadest circulation in the
				region of the petitioned area. The Administrator may provide for an informal
				conference or a period of written comments on completeness of the petition.
				Within 60 days of receipt of a petition, the Administrator shall notify the
				petitioner by certified mail whether or not the petition is complete.
(ii) The Administrator shall determine
				whether any identified coal resources exist in the area covered by the
				petition, without requiring any showing from the petitioner. If the
				Administrator finds there are not any identified coal resources in that area,
				he shall return the petition to the petitioner with a statement of the
				findings.
(iii) When considering a
				petition for an area which was previously and unsuccessfully proposed for
				designation, the Administrator shall determine if the new petition presents new
				allegations of facts with supporting evidence. If the petition does not contain
				new allegations of facts with supporting evidence, the Administrator shall not
				consider the petition and shall return the petition to the petitioner, with a
				statement of his findings and a reference to the record of the previous
				designation proceedings where the facts were considered.
(iv) If the Administrator determines that the
				petition is incomplete or frivolous, he shall return the petition to the
				petitioner, with a written statement of the reasons for the determination and,
				if incomplete, the categories of information needed to make the petition
				complete.
(v) The Administrator
				shall notify the person who submits a petition of any application for a permit
				received which proposes to include any area covered by the petition.
(vi) The Administrator may determine not to
				process any petition received insofar as it pertains to land for which an
				administratively complete permit application has been filed and the first
				newspaper notice pursuant to W.S. §
										
											35-11-406(g) has been
				published. If the petition is not processed in whole or in part, the
				Administrator shall inform the petitioner.
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 17-4 - Hearing

Current through July 13, 2024
(a) Within ten months after receipt of a
				complete petition, the council shall hold a public hearing in the locality of
				the area covered by the petition. If all petitioners and intervenors agree, the
				hearing may be held at a later date or need not be held.
(b) Notice of the hearing shall be sent no
				less than 30 days before the scheduled date of the hearing to all petitioners
				and intervenors by certified mail and by regular mail to local, State and
				Federal agencies which may have an interest in the decision on the petition and
				persons known to the Administrator as having property interests in the
				petitioned area.
(c) The Council
				shall notify the general public of the date, time, and location of the hearing
				by placing a newspaper advertisement once a week for two consecutive weeks in
				the locale of the area covered by the petition and once during the week prior
				to the scheduled date of the public hearing. The consecutive weekly
				advertisement must begin between four and five weeks before the scheduled date
				of the public hearing.
(d) Hearing
				procedures include the following:
(i) The
				Council may subpoena witnesses as necessary.
(ii) Expert witnesses may be
				cross-examined.
(iii) No person
				shall bear the burden of proof of persuasion.
(iv) A record of the hearing shall be made
				and preserved in accordance with applicable State laws.
(v) All relevant parts of the database and
				inventory system and all public comments received during the public comment
				period shall be included in the record and considered by the Council in its
				decision on the petition.
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 17-5 - Decision

Current through July 13, 2024
(a) In reaching its decision, the Council
				shall use:
(i) The information contained in
				the database and inventory system;
(ii) Information provided by other
				governmental agencies;
(iii) The
				detailed statement prepared under Section
				3(b)(iv); and
(iv) Any other relevant
				information.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-1 - Definitions

Current through July 13, 2024
(a) "Abandoned
				well" means a well whose use has been permanently discontinued or which is in a
				state of disrepair such that it cannot be used for its intended purpose or for
				observation purposes.
(b) "Affected
				Land or Affected Area" means as defined in W.S. §
									
										35-11-103(e)(xvi).
(c) "Annular Space" means the space between
				the well casing and the borehole or the space between two or more strings of
				well casing.
(d) "Area Permit"
				means that, for the purposes of this Chapter, the Administrator may issue a
				permit on an area basis, rather than for each well individually, provided that
				the permit is for UIC Class III Wells:
(i)
				Described and identified by location in permit application(s) if the wells are
				existing wells, except that the Administrator may accept a single description
				of wells with substantially the same characteristics;
(ii) Located within the same well field,
				facility site, reservoir, project or similar unit in the same state;
(iii) Operated by a single owner or
				operator;
(iv) Used to inject
				non-hazardous waste; and
(v) Other
				than Class VI wells; and
(vi)
				Located within an approved well field data package.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-3 - Application Content Requirements - Adjudication

Current through July 13, 2024
(a) All
				applications for an in situ mining permit shall include, at a minimum, the
				information and materials related to adjudication required pursuant to W.S.
				§
									
										35-11-406(a)(i) through (vi) and (viii) through
				(xiv).
(b) All applications for an in situ mining
				permit shall include all the information included in Land Quality Division -
				Coal, Rules and Regulations, Chapter 1 and Chapter 2, Section
				2 (Adjudication Requirements).
(c) All applications for an in situ mining
				permit shall include a description of the activities conducted by the applicant
				for which permits are required under State and Federal regulatory programs.
				Copies or identifying numbers of all permits or construction approvals received
				or applied for in association with the in situ permit area shall also be
				included with the permit application.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-4 - Application Content Requirements - Baseline Information

Current through July 13, 2024
All applications for in situ mining permit shall
				  contain:
(a) All information and
				materials required pursuant to W.S. §
									
										35-11-406(a)(vii) through (xi) and
				(xv) and W.S. §
									
										35-11-428(a)(i) and
				(ii).
(b) All applicable information and materials
				pertaining to vegetation, pursuant to Land Quality Division - Coal, Rules and
				Regulations, Chapter 2, Section
				3 (Vegetation Baseline
				Requirements).
(c) All applicable
				information and materials required pursuant to Land Quality Division - Coal,
				Rules and Regulations, Chapter 2, Section 4 (Other Baseline
				Requirements).
(d) Geology. A
				description of the geology shall include the requirements of Land Quality
				Division - Coal, Rules and Regulations, Chapter 2, Section 4(a) (viii) through
				(x) and the following information:
(i)
				Discussions, supported by maps, cross-sections, 3-D modeling, and geologist's,
				driller's, and geophysical logs, which identifies:
(A) Formations and aquifers;
(B) Geologic features that could influence
				aquifer properties;
(C) Areal and
				stratigraphic position of the production zone in relation to other geologic
				features; and
(D) Structural
				features.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-5 - Application Content Requirements - Mine (Operations) Plan

Current through July 13, 2024
(a) The permit
				application shall include a mine plan containing all information required by
				W.S. §
									
										35-11-406(b)(i) through (ix) and (xi) through
				(xviii), and consistent with the applicable
				in situ technology.
(b) The mine
				plan shall include applicable parts of Land Quality Division - Coal, Rules and
				Regulations, Chapter 2, Section 5(a).
(c) A description of operations specific to
				in situ mining, to include, but is not limited to the following:
(i) A description of the proposed method of
				operation, including the following:
(A)
				Injection and recovery rate, with the average and maximum daily rate and the
				volume of fluid and/or gas to be injected;
(B) Injection and recovery pressures, with
				average and maximum injection pressures;
(C) Proposed stimulation program;
(D) Proposed injection and recovery
				procedure;
(E) Expected changes in
				pressure and direction of movement of injection fluid;
(F) Underground gasifier design, operation
				and maintenance; and
(G) A
				description of chemical or physical reactions that may occur during mining as a
				result of injection or recovery fluid injection.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-6 - Application Content Requirements - Reclamation Plan

Current through July 13, 2024
(a) The permit
				application shall include a reclamation plan containing all information
				required by W. S. §
									
										35-11-406(b)(ii), (iv), (xv),
				(xix), and consistent with the applicable in
				situ technology.
(b) The
				reclamation plan shall include applicable parts of Land Quality Division -
				Coal, Rules and Regulations, Chapter 2, Section 6(a) and (b) and Chapter 4,
				Section 2.
(c) A description of operations specific to
				in situ mining, to include, but is not limited to the following:
(i) Discussion and illustration of the
				proposed groundwater restoration schedule including:
(A) A list of the proposed
				wellfields;
(B) A map(s) which
				shows the proposed sequence for restoration of the wellfields;
(C) A proposed time schedule for each
				wellfield;
(D) The capacity of the
				water/waste water treatment systems and correlation capacity with the mining
				and restoration schedules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-7 - Research and Development License Application

Current through July 13, 2024
An application for a Research and Development License shall
				  contain all information required by W.S. §
									
										35-11-431 and Sections 7 through 17 of this
				  Chapter and shall:
(a) Demonstrate
				that the operation is designed to:
(i)
				Evaluate mineability or workability of a mineral deposit using in situ mining
				techniques.
(ii) Affect the land
				surface, surface waters and groundwater of the State to the minimum extent
				necessary.
(iii) Provide premining,
				operational and postmining data, information and experience that will be used
				for developing reclamation techniques for in situ mining.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-8 - Well Construction Requirements

Current through July 13, 2024
(a) Methods for
				well construction shall:
(i) Be approved by
				the Administrator and included in the permit or Research and Development
				License application (per Section
				5(c)(v) of this
				Chapter);
(ii) Constitute a
				requirement of the permit;
(iii)
				Construction requirements listed in Sections 8(a) through 8(f) of this Chapter
				are applicable to all wells installed for activities related to in situ mining.
				Additional requirements for Class III injection wells are included in Section
				8(g). Additional requirements for monitoring wells are included in Section
				8(h).
(iv) The Administrator may
				grant a deviation from the requirements, except those in Section 8(g), provided
				the operator can supply documentation of reliability, mechanical integrity,
				design, and construction to protect groundwater of the State in accordance with
				the water quality standards contained in Chapter 8, Wyoming Water Quality Rules
				and Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-11 - Aquifer Classification and Exemption

Current through July 13, 2024
(a) Injections from
				Class III wells shall be restricted to those production zones that:
(i) Have been classified by the Wyoming
				Department of Environmental Quality as Class V aquifers under Chapter 8 of the
				Water Quality Division Rules and Regulations; and
(ii) Have concentrations of Total Dissolved
				Solids:
(A) Less than 10,000 milligrams per
				liter; meet the definition of an "Underground Source of Water" as defined in
				Section 1 of this Chapter; and
				have been approved as an exempted aquifer by the U.S. Environmental Protection
				Agency pursuant to Section 11(b) of this Chapter; or
(B) Greater than 10,000 milligrams per liter;
				and
(iii) Are located in
				a geologic and hydrologic setting in which movement of fluid, containing any
				contamination, into unauthorized zones can be prevented.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-12 - Permit and Research and Development License Requirements

Current through July 13, 2024
(a) The following
				requirements shall apply to permits and Research and Development Licenses. Each
				requirement shall be incorporated into the permit or Research and Development
				License either expressly or by reference. If incorporated by reference, a
				specific citation to these regulations must be given in the permit or Research
				and Development Testing License.
(i) The
				operator has a duty to comply with all terms, conditions, and requirements of
				the approved permit or Research and Development License.
(A) Any permit or Research and Development
				License noncompliance is grounds for enforcement action and any Research and
				Development License noncompliance is grounds for denial of a Research and
				Development License renewal application.
(B) The filing of a request by the operator
				for a permit or Research and Development License revision per Chapter 13 or
				Section 14 of this Chapter does not waive any permit or Research and
				Development Testing License requirement.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-13 - Duration of Permits and Research and Development Licenses

Current through July 13, 2024
(a) Permit shall be
				issued:
(i) For a period coinciding with the
				estimated schedules for termination of all mining and reclamation activities in
				conformance with the approved mining plan (Section
				5(a)(i) ), as provided by
				W.S. §
										
											35-11-405(a) and (b);
				and
(ii) With the option for
				revising the mining and reclamation schedules, as provided in W.S. §
										
											35-11-411(a)(iii) and
				429(a)(iv).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-14 - Revisions to Class III Well Portions of an In Situ Mine Permit or Research and Development License

Current through July 13, 2024
(a) A permit,
				license to mine, or Research and Development License may be revised as a
				significant or non-significant revision as specified in Sections 14(b) and (c),
				respectively, to address one or more of the following considerations, subject
				to the limitations of Sections 14(d) and (e).
(i) A revision may be necessary to address:
(A) A permit requirement or condition, per
				Section 12 of this Chapter and W.S. §
											
												35-11-429(a)(ii);
				or
(B) An excursion or other aspect
				of noncompliance per Section 18 of this Chapter;
(C) A corrective action or compliance
				schedule per Section 19 of this Chapter;
(D) A concern noted during the five-year
				review per Section 13 of this Chapter;
(E) An objection by the Administrator to a
				part of the Annual Report per W.S. §
											
												35-11-411(b);
(F) A change that could jeopardize
				reclamation or protection of any waters of the state per W.S. §
											
												35-11-429(a)(iv);
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-15 - Reporting Requirements

Current through July 13, 2024
(a) All chemical
				analysis submitted to the Administrator in accordance with a valid permit or
				Research and Development License shall include:
(i) A description of, or reference for, the
				procedures and methods used for sample collection, preservation, and quality
				control.
(ii) The name, address,
				and telephone number of the laboratory performing the analysis, and the
				laboratory identification number; and
(iii) Signatures as required in Section
				2(g) of this
				Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-16 - Monitoring Requirements

Current through July 13, 2024
(a) A detailed
				monitoring program shall be approved by the Administrator and included in the
				permit or Research and Development License application, as required by Section
				4(a)(xv) of this Chapter,
				and shall constitute a requirement of the permit. The program shall describe
				the procedures for monitoring the quantity and quality of waters that may be
				affected by the operation before mining through reclamation and shall, at a
				minimum, specify:
(i) Requirements for:
(A) The proper use, maintenance, and
				installation of monitoring equipment or methods;
(B) The intervals and frequency of
				monitoring, sufficient to yield data which are representative of the monitored
				activity, including continuous monitoring when appropriate; and
(C) The test and methods used to generate
				monitoring data.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-17 - Maintenance and Retention of Records

Current through July 13, 2024
(a) The operator
				shall maintain records at the mine site in accordance with W.S. §
									
										35-11-430(b), including, for
				any laboratory analyses that an operator is allowed to retain on site for
				inspection rather than submit to the Administrator:
(i) A description of, or reference for, the
				procedures and methods used for sample collection, preservation, analysis and
				quality control;
(ii) The name,
				address, and telephone number of the laboratory performing the analyses, and
				the laboratory identification number.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-18 - Noncompliance

Current through July 13, 2024
(a) The operator
				shall:
(i) Verbally report to the
				Administrator any noncompliance which may endanger public health or the
				environment within 24 hours of the time the operator becomes aware of the
				occurrence, including:
(A) Any monitoring or
				other information which indicates that any contaminant may cause endangerment
				to an USW or unauthorized zone; and
(B) Any noncompliance with a permit or
				Research and Development License or malfunction of the injection or recovery
				system which may cause fluid migration into, or between USWs or unauthorized
				zones.
(C) Any automatic shutdown
				due to operating parameters such as injection rate, injection pressure,
				production pressure, production temperature, production flow, or other
				parameters approved by the Administrator diverge beyond ranges and/or gradients
				specified in the permit.
(D) Any
				subsurface yielding or deformation, as determined by subsidence
				monitoring.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-19 - Excursions

Current through July 13, 2024
(a) "Confirmation"
				of an excursion event means that an excursion detected in a regularly scheduled
				sampling or monitoring event is subsequently detected in a second or third
				sampling event conducted in accordance with the following requirements:
(i) The second sampling event shall be
				conducted within 24 hours of the receipt of the results from the first sampling
				event in which the excursion was initially detected.
If the results from the first and second sampling event both
				  indicate an excursion has occurred, then the excursion will be considered
				  confirmed for the purpose of meeting the reporting requirements of W.S. §
											
												35-11-429(a).
(ii) If the results from the first and second
				sampling events provide conflicting information about whether or not an
				excursion has occurred, then a third sampling event must be conducted within 24
				hours of receipt of the results from the second sampling event. However, if the
				results of the confirmatory sampling are not complete within 30 days of the
				initial sampling event which indicated an excursion might be present, then the
				excursion will be considered confirmed for the purpose of meeting the reporting
				requirements of W.S. §
										
											35-11-429(a).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-20 - Corrective Action and Compliance Schedules

Current through July 13, 2024
(a) Corrective
				actions are:
(i) Needed when a well is
				improperly sealed, completed, or abandoned, in which case:
(A) Operators shall provide the well
				information, as required in Section
				5(c)(i), (ii) and (iii) of
				this Chapter, and the corrective action plan as required in Section
				5(c) (viii) of this
				Chapter. Where the Administrator's review of the plan indicates that the
				operator's plan is inadequate (based on the factors presented below), the
				Director shall require the operator to revise the plan, prescribe a plan for
				corrective action as a term and condition of the permit, or deny the
				application.
(B) In determining the
				adequacy of corrective action proposed by the operator and in determining the
				additional steps needed to prevent fluid movement into an unauthorized zone,
				the following criteria and factors shall be considered by the Administrator:
(I) Nature and volume of injected
				fluid;
(II) Nature and volume of
				recovery fluid;
(III) Nature and
				volume of native groundwater;
(IV)
				Compatibility of injected and recovery fluid and native groundwater;
(V) Potentially affected
				population;
(VI) Geology, including
				geomechanical properties of coal and overburden;
(VII) Hydrogeology;
(VIII) Proposed method of operation as
				required by Section
				5(c) (i) of this Chapter
				or history of the injection operation if the corrective action is needed in
				response to amending new wells into an existing operation;
(IX) Completion and plugging
				records;
(X) Plugging procedures in
				effect at the time the well was abandoned;
(XI) Hydraulic connections with unauthorized
				zones.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-21 - Public Notice, Public Hearing, Comment and Decision Requirements

Current through July 13, 2024
(a) In addition to
				the requirements of W.S. §
									
										35-11-406(g), (j), and (k)
				and Chapter 7, public notice for actions related to in situ permits or Research
				and Development Licenses, except permit or license revocation, shall be given
				by the following methods:
(i) All public
				notices issued under this Section shall contain the following:
(A) Name and address of the office processing
				the permit action for which notice is being given;
(B) Name and address of the operator and, if
				different, of the facility or activity regulated by the permit;
(C) A brief description of the business
				conducted at the facility or activity;
(D) Name, address, and telephone number of a
				person from whom interested persons may obtain further information;
(E) A brief description of the comment
				procedures, including a statement of procedures to request a hearing or, if a
				hearing has already been scheduled, the time and place of that hearting, and
				other procedures by which the public may participate in the final permit
				decision; and
(F) Any additional
				information considered necessary or proper.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-22 - Confidential Records

Current through July 13, 2024
(a) Information
				submitted to satisfy the requirements of this Chapter may be held confidential
				pursuant to W.S. §
									
										35-11-1101.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 18 - IN SITU MINING › Section 18-23 - Revocation

Current through July 13, 2024
(a) A permit,
				license to mine, or Research and Development license may be revoked by the
				Administrator to address one or more of the following:
(i) Revocation may be necessary to address:
(A) An excursion or other aspect of
				noncompliance per Section 18 of this Chapter; or
(B) One of the items listed in Section
				20(b).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 19 - REQUIRED STUDIES FOR SURFACE COAL MINING PERMIT APPLICATIONS AND ASSISTANCE FOR SUCH STUDIES › Section 19-1 - Definitions

Current through July 13, 2024
(a) "Production" means the amount determined
				by the pro rata share, based upon percentage of ownership, of coal produced by
				surface coal mining operations.
(b)
				"Qualified laboratory" means a public agency, private consulting firm,
				institution, or analytical laboratory the name of which appears on the
				Director's list of those laboratories which can provide the required
				determination or statement described in Section
				2 and which are named as qualified
				laboratories within the list published in the Federal Register.
(c) "Qualified small operators" means any
				person who intends to apply for and is eligible to receive a permit pursuant to
				the Act who has not organized or reorganized a business solely for the purpose
				of receiving assistance and who establishes that the probable total annual
				production will not exceed 100,000 tons from:
(i) All operations in which the applicant
				owns more than a 5 percent interest, or controls it in any manner
				whatsoever;
(ii) All operations
				owned or controlled by persons who own more than 5 percent of the applicant or
				control the applicant, either directly or indirectly; and
(iii) All operations owned by members of the
				applicant's family and the applicant's relatives, unless it is established that
				there is not direct or indirect business relationship between or among
				them.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 19 - REQUIRED STUDIES FOR SURFACE COAL MINING PERMIT APPLICATIONS AND ASSISTANCE FOR SUCH STUDIES › Section 19-2 - Required Studies

Current through July 13, 2024
(a) In addition to
				other information required by the Act and these regulations, all surface coal
				mining permit applications shall contain:
(i)
				A determination of the projected result of proposed surface coal mining and
				reclamation operations, both on and off the mine site, which may reasonably be
				expected to change the quantity or quality of the surface and groundwater; the
				surface and groundwater flow, timing and availability, the surface and
				groundwater quality under seasonal flow conditions, including dissolved and
				suspended solids; the effect of acid-forming and toxic material on surface and
				groundwaters; the stream channel conditions; and the aquatic habitat in the
				permit area and other affected areas. This information shall be in sufficient
				detail to enable the Administrator to determine the probable cumulative
				hydrologic impacts on surface and groundwater systems including the impacts
				resulting from the proposed operation and their interaction with the impacts of
				all anticipated mining upon all affected hydrologic systems. Anticipated mining
				shall be projected over the life of the operation, and shall include all other
				existing coal mining operations, any proposed coal mining operation for which a
				permit application has been filed and all proposed operations required to meet
				diligent development requirements for leased federal coal where mine
				development and geological information is available. The assessment of the
				probable cumulative hydrologic impacts shall be sufficient to make the
				determination of W.S. §
										
											35-11-406(n)(iii).
(ii) Unless determined in writing by the
				Administrator to be unnecessary, a statement of the physical and chemical
				analyses of test borings or core samplings from the permit area of the coal
				seam, overburden, and stratum lying immediately under the coal seam to be
				mined, including logs of the drill holes and thickness and sulfur content of
				any coal seam.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 19 - REQUIRED STUDIES FOR SURFACE COAL MINING PERMIT APPLICATIONS AND ASSISTANCE FOR SUCH STUDIES › Section 19-3 - Assistance for the Studies and Investigations

Current through July 13, 2024
(a) For
				the purpose of the determination required by Section
				2(a)(i) of this Chapter,
				hydro-logic information on the general area prior to mining may be obtained
				from an appropriate Federal or State agency. The Administrator shall not make a
				determination of completeness nor approve or deny any application until such
				information is available, or until it is otherwise voluntarily submitted by the
				applicant.
(b) For the purpose of
				the determinations required by Section
				2 of this Chapter, the Director shall
				provide assistance to qualified small operators who submit and obtain approval
				of an application for assistance. The application shall include:
(i) A statement of intent to file a permit
				application;
(ii) The names and
				addresses of the potential permit applicant and operator;
(iii) The basis upon which the applicant
				claims to be a qualified small operator, including actual and estimated
				production for the year preceding the application for assistance and for each
				year of estimated operation;
(iv) A
				description of the proposed operation including the method, duration and number
				of acres of land to be affected by the proposed operation;
(v) A description of the area, including a
				general description of the coal resource and the coal reserve (including the
				method which they were calculated), and a USGS topographic map showing the area
				to be affected, drainage and the water sources, existing structures, known
				underground mines, and names of property owners for the proposed permit area
				and adjacent lands; and
(vi)
				Documents showing that the applicant or other qualified personnel have a legal
				right to enter and commence mining within the permit area, and to inspect,
				collect data, or install equipment within the permit area and on adjacent areas
				which may be affected by the proposed operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 19 - REQUIRED STUDIES FOR SURFACE COAL MINING PERMIT APPLICATIONS AND ASSISTANCE FOR SUCH STUDIES › Section 19-4 - Decision

Current through July 13, 2024
(a) Within 30 days from submittal the
				Director shall approve or deny the application for assistance based on the
				Administrator's recommendation that the applicant is a qualified small operator
				and nothing appears to preclude the applicant from obtaining a mining permit
				for the proposed operation.
(b) The
				Director shall inform the applicant of his decision and:
(i) If the application is approved, select
				and pay for the services of one or more qualified laboratories to do the work
				that the Administrator determines to be necessary to comply with the
				requirements of Section
				2; or
(ii) If the application is denied, state the
				reasons for denial.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 19 - REQUIRED STUDIES FOR SURFACE COAL MINING PERMIT APPLICATIONS AND ASSISTANCE FOR SUCH STUDIES › Section 19-5 - Evaluation and Reimbursement

Current through July 13, 2024
(a) The Director or
				authorized representative shall conduct periodic on-site evaluations of the
				activities of the qualified laboratories and the small operators to ensure that
				the necessary assistance is, and is only provided to qualified small
				operators.
(b) The Director may
				require reimbursement for the cost of the laboratory services if the applicant
				is not a qualified small operator, if he fails to submit a permit application
				within one year from the date of receipt of the laboratory reports, or if he
				fails to mine after obtaining a permit.
(c) If the permit is sold, transferred, or
				assigned to another person and the transferee's total actual and attributed
				production exceeds the 100,000 ton annual production limit during any
				consecutive 12 month period of the remaining term of the permit, the applicant
				and its successor are jointly and severally obligated to reimburse the State
				for the cost of the laboratory services.
(d) The Director may waive the reimbursement
				obligation if he finds that the applicant at all times acted in good
				faith.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 20 - LETTERS OF CREDIT › Section 20-2 - Agent for Service of Process

Current through July 13, 2024
(a) The letter may
				only be issued by a bank organized to do business in the U.S. which identifies
				by name, address, and telephone number an agent upon whom any process, notice
				or demand required or permitted by law to be served upon the bank, may be
				served.
(i) If the bank fails to appoint or
				maintain an agent in this State, or whenever any such agent cannot be
				reasonably found, then the Director shall be an agent for such bank upon whom
				any process, notice or demand may be served for the purpose of this Chapter. In
				the event of any such process, the Director shall immediately cause one copy of
				such process, notice or demand to be forwarded by registered mail to the bank
				at its principal place of business. The Director shall keep a record of all
				processes, notices, or demands served upon him under this paragraph, and shall
				record therein the time of such service and his action with reference
				thereto;
(ii) Nothing herein
				contained shall limit or affect the right to serve any process, notice or
				demand required or permitted by law to be served upon the bank in any other
				manner now or hereafter permitted by law.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 1 - NONCOAL AUTHORITIES AND DEFINITIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are adopted by the Environmental
				  Quality Council and the Administrator of the Land Quality Division pursuant to
				  the authority granted the Council and the Administrator by the Wyoming
				  Environmental Quality Act, Sections
										35-11-101 through
				  35-11-1106, Wyoming Statutes,
				  1977, as amended. These rules and regulations are effective upon filing with
				  the Secretary of State.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 1 - NONCOAL AUTHORITIES AND DEFINITIONS › Section 1-2 - Definitions

Current through July 13, 2024
The definitions included in the Wyoming Environmental
				  Quality Act, are hereby adopted by this reference. All references to the "Act"
				  herein refer to the Wyoming Environmental Quality Act, as amended.
(a) "Acid drainage" means water with a pH of
				less than 6.0 and in which total acidity exceeds total alkalinity, discharged
				from an active or inactive mine or from an area affected by mining and
				reclamation operations.
(b)
				"Acid-forming materials" means earth materials that contain sulfide minerals or
				other minerals which exist in a natural state or if exposed to air, water or
				weathering processes, will cause acid conditions that may hinder plant
				establishment or create acid drainage.
(c) "Adjacent areas" means land located
				outside the permit area upon which air, surface water, groundwater, fish,
				wildlife, or other resources protected by the Act may reasonably be expected to
				be adversely impacted by mining or reclamation operations. Unless otherwise
				specified by the Administrator, this area shall be presumptively limited to
				lands within one-half mile of the proposed permit area.
(d) "Administrator" means the Administrator
				of the Division of Land Quality.
(e) "Animal-unit" means one mature beef cow
				of approximately 1,000 pounds and a calf (up to 6 months old).
(f) "Applicant" means any "person" seeking a
				permit, permit revision, transfer, or other approval from the Administrator to
				conduct mining and reclamation operations, or "person" seeking a license to
				explore, but does not include subsidiaries or parents of the "person," as
				"person" is defined in W.S. §
									
										35-11-103(a)(vi).
(g) "Aquifer" is a zone, stratum or group of
				strata that stores and transmits water in sufficient quantities for a specific
				use.
(h) "Best technology currently
				available" means equipment, devices, systems, methods, or techniques which, as
				determined by the Administrator, are currently available and practicable, and
				will:
(i) Prevent, to the extent possible,
				additional contributions of suspended solids to streamflow or runoff outside
				the affected land or permit area. But in no case shall contributions exceed
				requirements set by applicable State or Federal laws, and
(ii) Minimize, to the extent possible,
				disturbances and adverse impacts on fish, wildlife and related environmental
				values, and achieve enhancement of those resources where practicable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 1 - NONCOAL AUTHORITIES AND DEFINITIONS › Section 1-3 - Applicability

Current through July 13, 2024
(a) All mining operations or operations by
				which solid minerals are intended to be extracted from the earth, which are
				commenced or conducted after the effective date of these rules and regulations,
				shall comply with the requirements hereof, except as specific exemptions are
				allowed by the Act.
(b) The
				discretionary exemptions shall be limited as follows:
(i) For the purpose of extraction of minerals
				pursuant to W.S. §
										
											35-11-401(e)(ii),
				cooperative agreements between the individual counties and the Division may be
				entered into by the County Commissioners, the Director and the Administrator in
				order to facilitate the reclamation activities of those areas affected by the
				county.
(A) The County Commissioners of each
				county shall designate a person to coordinate the mining and reclamation
				activities of the individual county with the Division.
(B) The Division will assist each county in
				determining the best possible methods of reclamation and prevention of
				pollution and erosion arising from their mining operations.
(C) The county shall make an annual report to
				the Administrator detailing past year's activity of the county in mining and
				reclamation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 2 - REGULAR NONCOAL MINE PERMIT APPLICATIONS › Section 2-1 - General Requirements

Current through July 13, 2024
(a) All
				applications shall be filed in a format required by the Administrator and shall
				include, at a minimum, all information required by the Act and all the
				applicable information required under Section 2 of this Chapter.
(b) Information set forth in the application
				shall be current, presented clearly and concisely, and supported or
				authenticated, when appropriate, by references to technical material, persons,
				or public or private organizations which were used, consulted, or were
				responsible for collecting and analyzing the data.
(c) Maps submitted with the application shall
				be, or be the equivalent of, a U.S. Geological Survey topographic map at a
				scale determined by the Administrator, but in no event smaller than 1:24,000.
				All maps shall contain a title relative to the subject matter of the map, a map
				number, legend, and show the limits of the permit area.
(d) Applicants may reference materials. If
				used in the application, referenced materials shall either be provided to the
				Division or be readily available to the Division. Relevant portions of
				referenced materials shall be presented briefly and concisely in the
				application by photocopying or abstracting and with explicit
				citations.
(e) The applicant may
				consult with the local conservation district during preparation of the
				reclamation plan for conformance with technical standards and specifications
				which may have been adopted by the local conservation district for mined land
				reclamation.
(f) The applicant
				shall consult with both the Wyoming Game and Fish Department and the U. S. Fish
				and Wildlife Service prior to submission of the permit application. The
				Administrator shall also consult with both wildlife agencies during permit
				application review. The Administrator shall review recommendations from the
				wildlife agencies and may reject recommendations that are outside the scope of
				the Act. Those recommendations accepted by the Administrator shall be presented
				to the applicant for their review and comment. Those recommended mitigation
				plans from the wildlife agencies resulting from review and comment and accepted
				by the Administrator shall be incorporated into the permit
				application.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 3 - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 3-1 - General

Current through July 13, 2024
This Chapter sets forth the environmental protection
				  performance standards applicable to all mining operations. No mining operation
				  shall be conducted except in compliance with the requirements
				  hereof.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 3 - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 3-2 - General Environmental Protection Performance Standards

Current through July 13, 2024
(a) Land uses.
(i) Reclamation shall restore the land to a
				condition equal to or greater than the "highest previous use." The land, after
				reclamation, must be suitable for the previous use which was of the greatest
				economic or social value to the community area, or must have a use which is of
				more economic or social value than all of the other previous uses.
(ii) Operators are required to restore
				wildlife habitat, whenever the Administrator determines that this restoration
				is possible, on affected land in a manner commensurate with or superior to
				habitat conditions which existed before the land became affected, unless the
				land is private and the proposed use is for a residential or agricultural
				purpose which may preclude its use as wildlife habitat.
(iii) Water impoundments used for
				recreational purposes shall be constructed in accordance with the statutes and
				(g) of this Section. Recreational lands, other than water impoundments,
				represent changes in the land which may or may not be suitable for wildlife
				habitat.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0007 - Land Quality - Non Coal › Chapter 4 - UNDERGROUND MINING › Section 4-1 - Underground mining permit application content requirements

Current through July 13, 2024
(a) In addition to the requirements of
				W.S.
				35-11-406, and the applicable regulations
				contained in Chapter II, Sections
				1. and 2. , applications for an underground
				mining permit shall contain:
(i) A
				description of the effects of possible mine land subsidence along with the
				proposed measures to be taken to minimize the effects of subsidence, and
				procedures that will be taken in terms of backfilling, grading, and contouring
				in the event any subsidence occurs.
(ii) Plans for controlled subsidence such as
				would be the result of mining techniques similar to longwall mining.