Wyo. Code R. 020-0006-15
Effective Date: 09/29/2005 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0006.15.09292005
(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 Administrator.
(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.
(c) Within 15 days of receipt of the request, the Administrator shall determine if the request is complete, i.e., does it contain all information required by (b) immediately above. If it is not complete, the Administrator will promptly notify the operator of any deficiencies. If it is complete, the Administrator will promptly notify the operator in writing of that fact.
(d) Within 15 days of notification by the Administrator that the request is complete, the operator shall cause notice of the request for bond release to be published in a newspaper of general circulation in the locality of the surface coal mining operation at least once per week for four consecutive weeks commencing within 15 days after filing of the completed request. The publisher's affidavit and copy of the notice shall be promptly submitted to the Administrator. The notice shall contain information regarding:
(i) The name of the operator.
(ii) The information contained in (b)(i)-(iv) above plus a description of the types and dates of reclamation work performed and the results achieved.
(iii) The location and final date for filing objections to and requests for a hearing on the bond or deposit release request.
(e) Also within 15 days of notification by the Administrator that the request is complete, letters stating the operator's intent to seek release from the bond(s) or deposit shall be sent to:
(i) The overlying and adjoining surface owners of record;
(ii) The county or counties in which the operation is located and any incorporated municipality within five miles of the permit area; and
(iii) Sewage and water treatment authorities or water companies in the locality of the operation.
(f) These letters shall contain the information outlined in (d) above. Copies of the letters shall be promptly submitted to the Administrator.
(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 law 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.
(b) If written objections are filed, and public hearing requested, the Council shall hold a public hearing within 60 days after the final date for filing objections unless a different period is stipulated to by all parties. The Council shall inform the operator and all interested parties of the public hearing. The Council shall also publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the surface coal mining operation at least once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act, and right of judicial review will be afforded as provided in said Act.
(c) Without prejudice to the right of an objector or the applicant, the Administrator may hold an informal conference to resolve written objections after notification to all parties. The Administrator shall make a record of the conference unless waived by all parties, which shall be accessible to all parties. The Administrator shall furnish all parties of the conference with a written finding of the Division based on the conference, and the reasons for the finding.
(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:
(b) A surface owner, agent or lessee of record for the area covered by the release request shall be given notice of the inspection and may participate. The Administrator may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the hearing in Section 2. Access shall be under the same terms and conditions as required in Chapter 16, Section 1(e) and W.S. * 35-11-701(b).
(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.
(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.
Section 6. Replacement or Substitution of Bonds. 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.
(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.