Wyo. Code R. 020-0007-13
Land Quality - Non Coal
Chapter 13: Noncoal Requirements for Existing Bentonite Mining Operations
Effective Date: 05/22/2000 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0007.13.05222000
Section 1. Applicability. The provisions of this Chapter apply to all bentonite operations permitted as of August 31, 1981. If a conflict occurs between any particular requirements of this Chapter and any other Chapter of Land Quality Division Rules and Regulations, this Chapter shall be controlling.
(a) Except as required to implement the provisions of (b) below, the requirements of Chapter 2, Land Quality Division Rules and Regulations, shall not apply to previously issued bentonite mining permits.
(b) For lands for which permits were issued by August 31, 1981, but which have not been affected by August 31, 1981, the following general information shall be provided to the Administrator:
(i) The location, extent, and time schedule for mining and reclamation operations.
(ii) A description of overburden, topsoil and subsoil present and a plan for removal, handling and stockpiling of it. For soil surveys, the SCS Order 2 Soils Survey and Soils Analysis shall be used.
(iii) Establishment of vegetation data to fulfill the requirements of Section 3(a)(ii) below.
(iv) 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 mine and reclamation plan. The Administrator shall also consult with both wildlife agencies during review of the proposed mine and reclamation plan. 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 mine and reclamation plan.
Ch. 13, Sec. 2(b)(v)
(v) A reclamation plan for the lands identified in (i) including the proposed revegetation and/or any reclamation features planned for those sites such as impoundments, spoil piles and the final grading plans.
(c) Within one year from August 31, 1981, the information required by (b) shall be furnished for lands to be affected between August 31, 1981, and August 31, 1983. Thereafter, data for a one-year period shall be furnished one year in advance of the time that additional lands will be affected. In the event that the operator encounters an exceptional situation where mining is necessary on a site that had not been described in the above plan, he will notify the Administrator and provide the above information prior to affecting the land. Provided, however, this shall not affect the requirements applicable to permit revisions.
(a) For permitted bentonite mining operations, the requirements of Chapter 3, Sections 1 and 2, Land Quality Division Rules and Regulations shall apply only to lands affected after August 31, 1981, with the following exceptions:
(i) Subsoil suitability tests shall be conducted, if required by the Administrator, in accordance with standard methods.
(ii) Standards for the success of revegetation shall consist of a combination of scientific (objective) and visual (subjective) methods of determining if revegetation is complete. For these methods, the operator may select, upon the Administrator's approval, one of the following techniques:
(A) Control Areas. A control area is defined as an area of at least one acre, which will not be disturbed by mining activities, and which is managed in a fashion equivalent to non-affected lands within the permit area, and which is to be used to adjust the vegetation data for climatic changes which is collected on affected areas prior to mining.
(B) Reference Areas. A reference area is a land unit of at least one acre, managed in a fashion equivalent to non-affected lands within the permit area, to be used for the purpose of judging reclamation success. Reference areas must be representative of geology, slope and vegetation that was present on the affected areas prior to mining. Locations of reference areas shall be mutually agreed upon by the Administrator and the operator. The location of reference areas shall be illustrated on a map, and metes and bounds description of their location will be provided. Reference areas will be sampled in accordance with standard techniques at the time the operator requests bond release. The operator, with
Ch. 13, Sec. 3(a)(ii)(B)
the Administrator's prior approval, may employ the reference area concept without premining vegetation sampling.
(iii) The Department will consult with the landowners prior to bond release.
(iv) There is no requirement to divert all unchannelized surface water or ephemeral streams except as required to meet State laws.
(v) Road regulations shall only apply to those roads constructed or improved by the permittee or licensee.
(vi) The time schedule for reclamation shall require that reclamation begin within two years and be completed within four years of the date the land is affected, except where field drying is to take place, in which case reclamation must begin within three years and be completed within five years of the date the land is affected. The time schedule shall:
(A) Apply to reclamation of all lands to be affected in the permit area;
(B) Designate times for backfilling, grading, contouring and reseeding;
(C) Be coordinated with a map indicating the areas of progressive mining and reclamation; and
(D) Establish reclamation concurrently with mining operations, whenever possible.
(b) For permitted bentonite mining operations, the reclamation standards of W.S. § 35-11-402(a)(i)-(vi) shall apply to lands affected before August 31, 1981, which shall assure at a minimum that land is reclaimed to an acceptable use after mining, considering the land’s utility and capacity to support such uses.