§ 35-11-402 — Establishment of standards

Wyoming § 35-11-402

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 4: LAND QUALITY

Text

(a) The council shall, upon recommendation by the advisory
board through the administrator and the director, establish
rules and regulations pursuant to the following reclamation
standards for the affected areas, including but not limited to:
(i) The highest previous use of the affected lands,
the surrounding terrain and natural vegetation, surface and
subsurface flowing or stationary water bodies, wildlife and
aquatic habitat and resources, and acceptable uses after
reclamation including the utility and capacity of the reclaimed
lands to support such uses;
(ii) Backfilling, regrading or recontouring to assure
the reclamation of the land to a use at least equal to its
highest previous use;
(iii) A time schedule encouraging the earliest
possible reclamation program consistent with the orderly and
economic development of the mining property;
(iv) Revegetation of affected lands including species
to be used, methods of planting and other details necessary to
assure the development of a vegetative cover consistent with the
surrounding terrain and the highest prior use standards set out
in paragraph (i) of this subsection;
(v) Stockpiling, preservation and reuse of topsoil
for revegetation, unless it can be demonstrated to the
satisfaction of the administrator that other methods of
reclamation or types of soil are superior;
(vi) Prevention of pollution of waters of the state
from mining operations, substantial erosion, sedimentation,
landslides, accumulation and discharge of acid water, and
flooding, both during and after mining and reclamation;
(vii) In administering established rules and
regulations on such standards the administrator shall consider
all the facts and circumstances bearing upon any reclamation
plan. In consideration of reclamation plans for any mining
operation that is presently being conducted in the state under a
permit issued by the state land commission under the "Open Cut
Land Reclamation Act of 1969", particular attention shall be
paid to:
(A) The social and economic value of the product
mined;
(B) The technological availability for economic
feasibility of reclaiming the affected area.
(viii) Establishing methods of estimating cost of
reclamation which shall be computed according to established
engineering methods;
(ix) Establishing procedures to obtain special
license to explore by dozing. Such procedures will include but
not be limited to method of application, location of proposed
exploration, present use of affected lands, name of surface
owner, proposed reclamation program, bonding requirement, and
such other procedures as are necessary to insure that the
exploration work will be conducted within the intent of this
act;
(x) Rules and regulations for the criteria for review
and information and public notice requirements for permit
revisions. A permit may be revised without public notice or
hearing for revisions, including incidental boundary revisions
to the area covered by the permit, if these do not propose
significant alterations in the reclamation plan. Subject to
applicable standards, any permit, except for surface coal mining
permits, may be revised, in the permitted area, by identifying
proposed alterations to the mining or reclamation plan in the
annual report or addendum thereto, or by obtaining prior
approval from the director, at the operator's discretion;
(xi) Rules and regulations for conducting coal
exploration operations which shall include prior notice of
intention to explore, written approval by the director for the
removal of more than two hundred fifty (250) tons of coal and
reclamation provisions for new and existing operations in
accordance with the reclamation standards governing surface
mining;
(xii) Rules and regulations governing new and
existing special bituminous surface coal mines as recognized in
P.L. 95-87, which shall be controlling notwithstanding other
provisions of this act to the contrary. The regulations shall
pertain only to standards governing on site handling of spoils,
elimination of depressions capable of collecting water, creation
of impoundments and regrading to the approximate original
contour, and shall specify that all remaining highwalls be
stable. All other performance standards contained in this act
shall apply to such mines;
(xiii) Rules and regulations governing the use of
decommissioned wind turbine blades and towers to backfill
surface coal mining sites as part of an approved reclamation
plan. Rules promulgated under this paragraph shall, at a
minimum, provide for:
(A) Minimum depth requirements for the burial of
decommissioned wind turbine blades and towers to be buried below
the surface and above any aquifers as defined in W.S. 35-11-
103(h)(i). In setting depth requirements under this
subparagraph, the council, administrator and director may
consult standards for solid waste management facilities
established by the solid and hazardous waste management
division;
(B) The removal of all mechanical, electrical
and other materials from the decommissioned wind turbine blades
and towers allowing only the base material of the blades and
towers to be buried;
(C) Disposal fees to be remitted to the
department by the operator who allows disposal of decommissioned
wind turbine blades and towers in surface coal mining sites,
which shall be twenty-five percent (25%) of any revenues
collected by the operator for the disposal of the decommissioned
wind turbine blades and towers. The fees collected under this
subparagraph shall be credited to the general fund;
(D) The incorporation or amendment of any rules
pertaining to solid and hazardous waste necessary to allow for
the disposal of decommissioned wind turbine blades and towers in
surface coal mining sites to be reclaimed.
(xiv) Establishing such other rules and regulations
necessary to insure full compliance with all requirements
relating to reclamation, and the attainment of those objectives
directed to public health, safety, and welfare;
(xv) Rules and regulations governing the use of inert
material as backfill for non-coal mining sites as part of an
approved reclamation plan. Rules promulgated under this
paragraph shall, at a minimum, provide for:
(A) Minimum depth requirements for the burial of
inert material to be buried below the surface and above any
aquifers as defined in W.S. 35-11-103(h)(i). In setting depth
requirements under this subparagraph, the council, administrator
and director may consult standards for solid waste management
facilities established by the solid and hazardous waste
management division;
(B) Disposal fees to be remitted to the
department by the operator who allows disposal of inert material
in non-coal mining sites, which shall be ten percent (10%) of
any revenues collected by the operator for the disposal of the
inert material. The fees collected under this subparagraph shall
be credited to the general fund;
(C) The incorporation or amendment of any rules
pertaining to solid and hazardous waste necessary to allow for
the disposal of inert material in non-coal mining sites to be
reclaimed.
(b) To the extent federal law or regulations require
approval by state wildlife agencies regarding surface mining
lands to be reclaimed for fish and wildlife habitat, the Wyoming
game and fish department shall consider fish and wildlife
habitat to mean as defined in W.S. 35-11-103(e)(xxvi) and does
not include grazingland as defined in W.S. 35-11-103(e)(xxvii),
unless the grazingland has been designated as:
(i) Critical habitat by the United States fish and
wildlife service; or
(ii) Crucial habitat by the Wyoming game and fish
department prior to submittal of the initial permit application
or any subsequent amendments to the permit application.
(c) For the reclamation of grazingland, native shrubs
shall be used for reestablishment. No shrub species shall be
required to be more than one-half (1/2) of the shrubs in the
post-mining standard.
(d) The council shall, upon recommendation by the
administrator and the director, establish rules governing the
use of explosives at new and existing non-coal surface mining
operations. Rules promulgated under this subsection shall, at a
minimum:
(i) Include standards and procedures to ensure that
explosives are used only in accordance with state and federal
law and regulations;
(ii) Incorporate applicable standards provided in the
International Fire Code, Chapter 56, Section 5607, Blasting and
in the National Fire Protection Association Explosives Material
Code 495, Chapter 10, Use of Explosive Materials for Blasting;
(iii) Include requirements for the operator to
maintain for not less than three (3) years and to make available
for public inspection a log detailing the location of any
blasts, the pattern and depth of drill holes, the amount of
explosives used for each hole and the order and length of delay
in the blast;
(iv) Establish the types of explosives and detonation
equipment to be used and the size, timing and frequency of
blasts based on the site's physical conditions so as to prevent:
(A) Injury to persons;
(B) Damage to public and private property
outside of the permit area;
(C) Adverse impacts on any underground mine;
(D) Adverse impacts on any water source or water
resource.
(v) Require that all blasting operations be conducted
by trained and competent persons, as certified by the
administrator.