Wyo. Code R. 020-0007-9
Land Quality - Non Coal
Chapter 9: Noncoal Small Mining Operations
Effective Date: 05/22/2000 to 09/26/2012
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0007.9.05222000
(a) Prior to the commencement of a small surface mining operation involving not more than 10,000 cubic yards of overburden and ten acres of affected land in any one year, an application shall be submitted to the Administrator in duplicate on forms supplied by the Division. Each application shall contain:
(i) All information required in W.S. § 35-11-406(a) except:
(A) W.S. § 35-11-406(a)(vi)(A) is modified to require the location of the proposed permit area by legal subdivision, section, township and range. If there is no other survey, give the location by protracted survey and map, metes and bounds, claim number and mining district.
(B) W.S. § 35-11-406(a)(vi)(D) is suspended.
(C) W.S. § 35-11-406(a)(vii) is modified to require only:
(I) A map of vegetation types and a range site-range condition survey on the proposed permit area along with a list of species and a ranking of their relative abundance in each vegetation type. The applicant is encouraged to submit labeled photographs to demonstrate each vegetation type and to document areas of sparse vegetation. Locations photographed should be shown on the vegetation map.
(II) A description of the present land use within the permit boundary including a map at the same scale as the postmining map showing the contours of the proposed permit area and the surrounding lands.
(III) A description of any surface waters within the proposed permit area including estimated average flow rates, storage volume of any reservoirs and associated water rights within the permit area of any stream, reservoir, or lake. Depth to the groundwater shall be indicated.
(IV) A soil map which identifies the soil types, location, their suitability for reclamation and depths and volume of suitable topsoil present on the
proposed affected lands. Also, a description of the subsoil and/or overburden material existing between the topsoil and mineral seams.
(D) W.S. § 35-11-406(a)(ix) is modified to require only:
(I) A map based upon public records showing the boundaries of the land to be affected.
(II) The names of any surface waters within the proposed permit area.
(III) Water wells on and within one-half mile of the permit area shall be located on a map where the maximum expected depth of disturbance is within 20 feet of or below the water table.
(IV) A map to show an outline of all areas previously disturbed by underground mining or which will be affected by future underground mining as a guide to potential subsidence problems.
(ii) In addition to a description of the mining technique and method of operation to be used, each operator shall supply all information required in W.S. § 35-11-406(b) except:
(A) W.S. § 35-11-406(b)(ii) is modified to also include statements as to the maximum slope that will be created and a plan to reestablish the original surface drainage.
(B) W.S. § 35-11-406(b)(iii) is modified to also include a description of the methods and schedule of seedbed preparation and seeding, the amounts of plants to be used, and protective measures against grazing animals.
(C) W.S. § 35-11-406(b)(iv) is suspended.
(D) W.S. § 35-11-406(b)(v) is modified to require only a map showing the location of all activities associated with the operation including roads, temporary drainage diversions, ponds, stockpiles for topsoil, overburden, ore product and waste, plant site and other processing facilities.
(E) W.S. § 35-11-406(b)(vii) is modified to allow the Administrator to waive this requirement if requested by the operator and the degree of surface disturbance is small.
Ch. 9, Sec. 1(a)(ii)(F)
(F) W.S. § 35-11-406(b)(viii) is modified to require only a description of how topsoil will be salvaged, stockpiled, and replaced during reclamation.
(G) W.S. § 35-11-406(b)(x) is suspended.
(b) Notification and publication requirement. Upon written notification by the Division that the application is complete, the following procedure shall be followed:
(i) W.S. § 35-11-406(d) shall be met.
(ii) All requirements of W.S. § 35-11-406(j) shall be met except the applicant shall cause notice of the application to be published once a week for only two consecutive weeks in a newspaper of general circulation in the location of the proposed operation.
(c) All requirements of W.S. § 35-11-406(k) shall be met.
If an operator, holding a valid mining permit under W.S. § 35-11-401(j) for a small mining operation, intends to expand his operation to remove more than 10,000 cubic yards of overburden per year or affect more than ten acres of land per year, the operator shall submit revised mining and reclamation plans, revised maps and an appropriate reclamation bond to the Land Quality Division, and obtain approval for the expansion prior to the time when he intends to exceed the established limits. The provisions of W.S. § 35-11-406(d), (j) and (k) will be required. Any public hearing shall apply only to the request of the operator to expand his operation, and the valid mining permit already held by the operator will not be affected.