Environmental Quality, Dept. of

Land Quality - Non Coal

Chapter 7: Permit Revisions

Effective Date: 05/22/2000 to 05/03/2005

Rule Type: Superceded Rules & Regulations

Reference Number: 020.0007.7.05222000

CHAPTER 7

NONCOAL MINE

PERMIT REVISIONS

Section 1. Submittal of Revisions.

(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 noncoal 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:

(i) A brief description of the change and why the change is being sought;

(ii) An outline or index indicating what pages, maps, tables, or other parts of the approved permit are affected by the revision; and

(iii) Additional information necessary to support or justify the change.

(c) Incidental changes which are not categorized under (a) or (b) of this Section shall be noted in the annual report.

(d) Each application shall contain:

(i) The name and address of the operator;

(ii) The permit number and date approved;

(iii) The following information, if different from that submitted in the original permit application:

(A) The precise location of the permit area by legal subdivision, section, township, range, county, and municipal corporation, if any;

(B) The names and last known addresses of the owners of record of the surface and mineral rights of the land covered by the permit; and

(C) The names and last known addresses of the owners of record of the surface rights of the lands immediately adjacent to the permit area.

(iv) A detailed description of the proposed revised mining or reclamation operation which shall also include:

(A) A USGS 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.

Section 2. Criteria for Public Notice Requirements.

(a) Within 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 uses which affects more than twenty percent of the land within the permit area;

(iii) A change in the approved method for ensuring 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, tailings disposal facilities, or heap leach 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 groundwater systems; and

(vii) Any changes which propose significant alterations in the approved mining or reclamation operation, as determined by the Administrator.

Section 3. Notice and Opportunity for Public Hearing.

(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 for four consecutive weeks commencing within 15 days after notification that publication is required. The notice shall contain that information required by W.S. § 35-11-406(j), the permit number and date approved, and a general description of the proposed revision. The operator shall also mail a copy of the application mine plan map to the Wyoming Oil and Gas Commission 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 60 days after the final hearing.

Section 4. Decision.

(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 be made:

(i) Within 30 days after notification of a complete application, if notice is not required; or

(ii) If notice is required:

(A) Within 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 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.

Section 5. Review of Outstanding Permits.

(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.