Wyo. Code R. 020-0007-7
Land Quality - Non Coal
Chapter 7: Noncoal Mine Permit Revisions
Effective Date: 12/01/1992 to 11/16/1995
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0007.7.12011992
Date Filed 12/01/92
Expr Date
Supr Date
Repeal Date
Document Type RULES
(a) A permit may be revised, upon approval by the Administrator, if the operator submits a request to the Division. Significant revisions are those which constitute a change described in Section 2. of this Chapter. Any permit may be revised by identifying alterations to the mining or reclamation plan in the annual report or addendum thereto, or by obtaining prior approval from the Department, at the non-coal operator's discretion.
(b) Non-significant revisions shall be submitted in a format approved by the Administrator. If promptly filed, and unless notified by the Administrator to delay, the operator may initiate the proposed change. All non-significant revisions shall include:
(c) Incidental changes which are not categorized under (a) or (b) of this section shall be noted in the annual report.
(A) The precise location of the permit area by legal subdivision section.
township, range, county, and municipal corporation, if any;
the surface and mineral rights of the land covered by the permit; VII,1.,(d),(iii),(C)
the surface rights of the lands immediately adjacent to the permit area;
(B) The names and last known addresses of the owners of record of
(C) The names and last known addresses of the owners of record of
(iv) A detailed description of the proposed revised mining or reclamation operation which shall also include:
(A) A U.S.G.S. topographic map or equivalent of the permit area showing the land to be affected by the revised mining or reclamation operation, in detail, distinctly outlined and identified;
(B) For any proposed newly affected lands, if not submitted and approved in the original application for the permit:
(I) The information required in W.S. 35-11-406(a)(vii) and (ix) or, for in situ mining operations, the information required in W.S. 35-11-428; and
(II) The extent to which the revised mining or reclamation operation will disturb, change or deface the lands proposed to be affected, the proposed future use or uses and the plan whereby the operator will reclaim the affected lands to the proposed future use or uses.
(C) Any significant changes in the estimate of the total cost of reclaiming the affected and proposed affected lands, computed in accordance with established engineering principles.
(v) Such other information as the Administrator deems necessary or as good faith compliance with the provisions of the Act require.
(a) Within ninety (90) days after submission of the application for permit revision the Administrator shall notify the operator of whether or not the application is complete and whether notice and opportunity for public hearing is required.
(b) Notice and opportunity for public hearing is required whenever the application for permit revision proposes the following changes, so long as they constitute significant deviations from that which was contemplated in the approved mining and reclamation plan. The following will normally be considered significant deviations, unless otherwise determined by the Administrator:
(i) More than a twenty-percent increase in affected land from that which was approved in the original permit;
(ii) A change in the approved future land use or VII.2.,(b),(ii) uses which affects more than twenty-percent of the land within the permit area;
(iii) A change in the approved method for insuring that all acid-forming or toxic materials, radioactive materials, or materials constituting a fire, health or safety hazard uncovered during or created by the mining process are promptly treated or disposed of during the mining or reclamation process in a manner designed to prevent pollution of surface or subsurface water or threats to human or animal health and safety;
(iv) The construction or relocation of mills and tailings disposal facilities;
(v) A change in the approved method of mining which results in surface disturbance (e.g. underground, surface or in situ mining);
(vi) A change which would adversely affect the quality, quantity, or distribution of water in surface or ground water systems;
(vii) Any changes which propose significant alterations in the approved mining or reclamation operation, as determined by the Administrator.
(a) When required under Section 2., the operator shall cause notice of the application for permit revision to be published in a newspaper of general circulation in the locality of the mining site once a week or four (4) consecutive weeks commencing within fifteen (15) days after notification that publication is required. The notice shall contain that information required in Section 1.(b)(i), (ii), (iii), and a general description of the proposed revision, the location at which information about the application for permit revision may be obtained, and the location and final date for filing objections to the application. The operator shall also notify owners of record in accordance with W.S. 35-11-406(j).
(b) Objections may be filed in accordance with W.S. 35-11-406(k), which objections shall list one or more reasons for denying a permit as set out in W.S. 35-11-406(m). If such written objections are filed, a public hearing shall be held in accordance with W.S. 35-11-406(k). The Council shall issue findings of fact and make a decision on the application within sixty (60) days after the final hearing.
(a) The Administrator shall, with the concurrence of the Director, render a decision on the application for permit revision and approve or disapprove the proposed revision in accordance with the applicable criteria set out in W.S. 35-11-406 and any regulations adopted pursuant thereto. The decision shall VII.4.,(a) be made:
(i) Within thirty (30) days after notification of a complete application, if notice is not required; or (ii) If notice is required:
(A) Within thirty (30) days after completion of the notice period, if the application for permit revision is not protested; or
(B) If the revision is protested and a hearing held, within fifteen (15) days from the receipt of any findings of fact and decision from the Environmental Quality Council.
(b) The applicant shall be promptly informed of the decision on the application.
(a) The Administrator, with the concurrence of the Director, may require the operator to submit an application for permit revision and comply with all requirements of this Chapter. Any such requirement shall be based on written findings that, upon review of the operator's annual report or inspection of the existing operation, there is or is intended to be conducted a revised mining or reclamation operation. Such review or inspection shall be conducted at least each year upon receipt of the operator's annual report. Right of review shall be afforded as provided in the Wyoming Administrative Procedure Act. Nothing contained herein shall be construed to require compliance with any provision of the Act or regulation from which the existing operation has been specifically excepted.