§ 35-11-405 — Permit defined; no mining operation without valid permit; when validity terminated

(a) A mining permit is the certification that the tract of
land described may be mined by an operator licensed to do so in
conformance with an approved mining plan and reclamation plan.
No mining operation may be commenced or conducted on land for
which there is not in effect a valid mining permit to which the
operator possesses the rights.
(b) A mining permit once granted remains valid and in
force from the date of its issuance until the termination of all
mining and reclamation operations, except as otherwise provided
in this act.
(c) All surface coal mining permits issued subsequent to
approval of the state program pursuant to P.L. 95-87 shall be
issued for a term of not to exceed five (5) years. If the
applicant demonstrates that a specified longer term is
reasonably needed to allow the applicant to obtain necessary
financing for equipment and the opening of the operation and if
the application is complete for this specified longer term, the
director shall grant a permit for a longer term.
(d) A surface coal mining permit shall terminate if the
permittee has not commenced the surface coal mining operations
covered by the permit within three (3) years of the issuance of
the permit, except as provided in P.L. 95-87.
(e) Any valid surface coal mining permit issued pursuant
to this act is entitled to a right of successive renewal upon
expiration with respect to areas within the boundaries of the
existing permit if public notice has been given, any additional
revised or updated information has been provided and the
operation is in compliance with applicable laws and regulations
and if the renewal requested will not substantially jeopardize
the operator's responsibility on existing affected land.
(f) If an application for renewal of a valid surface coal
mining permit includes a proposal to extend the mining operation
beyond the boundaries authorized in the existing permit, the
portion of the application for renewal which addresses any new
land areas shall be subject to the standards applicable to new
applications under this act. However, areas previously
identified in the mining plan and reclamation plan of those
surface coal mining operations not subject to the standards in
W.S. 35-11-406(m)(xiii) will not be subject to those standards
in the renewal application.
(g) An application for renewal of a valid surface coal
mining permit shall be made at least one hundred twenty (120)
days prior to expiration of a valid coal permit.