Wyo. Code R. 020-0006-8
Land Quality - Coal
Chapter 8: Special Bituminous Coal Mines
Effective Date: 11/16/1995 to 04/15/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0006.8.11161995
(a) For the purpose of this Chapter:
(i) 'Existing special bituminous surface coal mine' means a surface coal mining operation where:
(A) The excavation of the specific mine pit takes place on the same relatively limited site for an extended period of time;
(B) The excavation of the specific mine pit follows a coal seam having an inclination of 15 degrees or more from the horizontal, and continues in the same area proceeding downward with lateral expansion of the pit necessary to maintain stability or as necessary to accommodate the orderly expansion of the total mining operation;
(C) The excavation of the specific mine pit involves the mining of more than one coal seam and mining has been initiated on the deepest coal seam contemplated to be mined in the current operation;
(D) The amount of material removed is large in proportion to the surface area disturbed;
(E) There is no practicable alternative method of mining the coal involved;
(F) There is no practicable method to reclaim the land in the manner required by this Act; and
(G) The specific mine pit has been actually producing coal since January 1, 1972, in such a manner as to meet the criteria set forth in this section, and, because of past duration of mining, is substantially committed to a mode of operation which warrants exceptions to some performance standards.
(ii) 'New special bituminous surface coal mines' means surface coal mining operations which:
(A) Meet the criteria in (i) above, except for (C) and (G); and
(B) Are developed after August 3, 1977 on lands immediately adjacent to lands upon which are located the existing special bituminous surface coal mine.
(iii) 'Developed after August 3, 1977' means opening or developing any new or previously mined or abandoned site for surface coal mining operations after August 3, 1977.
(a) A permit application under this Chapter shall include:
(i) Support for classification of the proposed operation as a special bituminous surface coal mine; and
(ii) All information required by the Act and regulations, except that the mining and reclamation plan shall include descriptions, maps and plans demonstrating compliance with Section 3 in lieu of other conflicting backfilling and grading performance standards.
(a) This section applies to those portions of existing special bituminous coal mines which:
(i) Were approved for operation before January 1, 1972, including the orderly expansion of the mine pit to the extent authorized by the Administrator;
(ii) Have actually been producing coal since January 1, 1972;
(iii) Are committed to a mode of operation that warrants an exception to some of the provisions of the Act because of past duration of mining; and
(iv) Involve the mining of more than one seam, and mining was initiated before August 3, 1977, on the deepest coal seam contemplated to be mined in the current operation.
(b) Operations subject to this Section shall, at a minimum, comply with the following requirements for backfilling and grading the mine pit area and spoil piles:
(i) Highwalls may remain, if demonstrated to be stable, and benches may be constructed on the highwall.
(ii) Spoil piles shall be graded and contoured to blend with the adjacent topography, be consistent with the approved postmining land use, and provide for drainage. Terracing and overall slope design of spoil piles shall be approved by the Administrator. The slopes on the spoil pile shall not exceed 17 degrees or if steeper will comply with all applicable reclamation requirements and be consistent with the approved postmining land use.
(iii) The exposed pit floors shall be sloped and graded to provide access.
(iv) Where permanent water impoundments are proposed as part of the reclamation plan, the water quality and quantity shall be reasonably demonstrated to be adequate for the postmining use. If, upon review of the application, water quality and quantity are not demonstrated to be of sufficient quality or quantity for the postmining use, the applicant shall be so notified in writing and shall submit further documentation in support of the proposed plan to reasonably satisfy the Administrator. If upon review by the Administrator of the further documentation the applicant has not reasonably demonstrated that the water quality and quantity will be sufficient for the postmining land use, the applicant shall provide an alternate plan.
(c) For new special bituminous surface coal mines and pits not covered under (a) above, requirements for backfilling and grading of the mine pit area and spoil piles as contained in Chapter 4, Section 2(b) shall be applicable.
Section 4. General Performance Standards. All other performance standards contained in the Act and Chapter 4 shall apply to special bituminous coal mines to the extent that such performance standards do not preclude the benefit intended under the special alternative regulations contained in Section 3 of this Chapter.