§ 8-1-109 — 35-11-425. Designation of areas unsuitable for surface coal mining

(a) Any person having an interest which is or may be
adversely affected may petition the council to have an area
designated as unsuitable for surface coal mining operations, or
to have a designation terminated. The petition shall contain
allegations of facts with supporting evidence which would tend
to establish the allegations. Within ten (10) months after
receipt of the petition the council shall hold a public hearing
in the locality of the affected area, after appropriate notice
and publication of the date, time and location of the hearing.
After having filed a petition and before the hearing, any person
may intervene by filing allegations of facts with supporting
evidence which would tend to establish the allegations. Within
sixty (60) days after the hearing, the council shall issue and
furnish to the petitioner and any other party to the hearing, a
written decision with reasons regarding the petition. The
hearing need not be held if all petitioners reach agreement
prior to the requested hearing and withdraw their request.
(b) If petitioned, the council will review the particular
area and:
(i) Shall designate it as an area unsuitable for all
or certain types of surface coal mining operations if it is
determined that reclamation pursuant to the requirements of this
act is not technologically and economically feasible; and
(ii) May designate it as an area unsuitable for
surface coal mining if the coal mining operation will:
(A) Be incompatible with existing state or local
land use plans or programs; or
(B) Affect fragile or historic lands in which
these operations could result in significant damage to important
historic, cultural, scientific and esthetic values and natural
systems; or
(C) Affect renewable resource lands in which
these operations could result in a substantial loss or reduction
of long-range productivity of water supply or of food or fiber
products, and these lands to include aquifers and aquifer
recharge areas; or
(D) Affect natural hazard lands in which these
operations could substantially endanger life and property; these
lands to include areas subject to frequent flooding and areas of
unstable geology.
(c) Prior to designating any land areas as unsuitable for
surface coal mining operations, the administrator shall prepare
a detailed statement on:
(i) The potential coal resources of the area;
(ii) The demand for coal resources; and
(iii) The impact of this designation on the
environment, economy and supply of coal.
(d) The above process will include proper notice,
opportunities for public and agency participation including land
use planning bodies and a public hearing prior to designation or
redesignation, pursuant to this section.
(e) Any designation shall not prevent the mineral
exploration pursuant to this act of any area so designated.
(f) The requirements of this section shall not apply to
lands on which surface coal mining operations were being
conducted on August 3, 1977 or under a permit issued pursuant to
this act, or where substantial legal and financial commitments
in these operations were in existence prior to January 4, 1977.
(g) This section shall not become effective until approval
of a state program pursuant to P.L. 95-87.
(h) This section shall operate independently of all other
sections of the act except as to the application of the Wyoming
Administrative Procedure Act.