§ 35-11-401 — Compliance generally; exceptions

(a) No mining operation or operation by which solid
minerals are intended to be extracted from the earth shall be
commenced after the effective date of the act, except in
accordance with its requirements. It is recognized these
measures are performed in the public interest and constitute an
expense to the operator, and while this act applies to all
mining operations, no operator shall be compelled to perform at
his own expense measures required under this act with respect to
operations that were completed or substantially completed prior
to the effective date of this act. Nothing in this act shall
provide the land quality division regulatory authority over oil
mining operations as defined in W.S. 30-5-104(d)(ii)(F).
(b) All surface or underground mining operations operating
at the date of enactment of this statute shall have a period of
one (1) year within which to fulfill the requirements of this
act. This period may be extended at the discretion of the
council if the administrator has been unable to review and
evaluate all operations that are presently operating under a
permit issued by the state land commissioner in compliance with
the "Open Cut Land Reclamation Act of 1969".
(c) An operator presently operating under a permit issued
by the state land commissioner in accordance and in full
compliance with the Open Cut Land Reclamation Act of 1969 will
be issued a permit upon submission to the administrator of:
(i) The information, maps and other exhibits required
by this act; and
(ii) A reclamation plan which fulfills all of the
requirements of this act and is reviewed by the advisory board.
(d) Within two (2) months following the final approval of
a state program pursuant to Section 503 of P.L. § 95-87, all
operators of surface coal mining operations operating under a
permit issued in accordance with the terms of this act shall
apply for a new mining permit covering those lands expected to
be mined or reclaimed after eight (8) months from state program
approval. Within eight (8) months from the date of state program
approval, the administrator shall approve or deny an application
for a surface coal mining permit. No person shall engage in or
carry out surface coal mining operations unless the person has
first obtained a permit pursuant to this section except as
hereafter provided. A person conducting operations consistent
with this act may continue operating beyond eight (8) months
from state program approval if an application for a permit has
been filed in accordance with this act but the administrator's
decision on the application has not been rendered.
(e) The provisions of this article shall not apply to any
of the following activities:
(i) Building or expansion of utilities, soil
conservation conveyances and foundation excavations for the
purpose of constructing buildings and other structures not used
in mining operations;
(ii) Excavations other than for the extraction of
coal by an agency of federal, state or local government or its
authorized contractors for highway and railroad cuts and for the
purpose of providing fill, sand, gravel and other materials for
use in connection with any public project if reclamation
requirements of federal, state or local governments are
consistent with all provisions of this act or regulations
promulgated thereunder. Excavations for the extraction of coal
as an incidental part of federal, state or local government
financed highway or other construction shall be conducted in
accordance with regulations established by the council;
(iii) The extraction of sand, gravel, dirt, scoria,
limestone, dolomite, shale, ballast or feldspar by a landowner
for his own noncommercial use from land owned or leased by him;
(iv) Archaeological excavations;
(v) Other surface mining operations which the
administrator determines to be of an infrequent nature and which
involve only minor surface disturbances;
(vi) Limited mining operations, whether commercial or
noncommercial, for the removal of sand, gravel, scoria,
limestone, dolomite, shale, ballast or feldspar from an area of
fifteen (15) acres or less of affected land, excluding roads
used to access the mining operation, if the operator has written
permission for the operation from the owner and lessee, if any,
of the surface. The operator shall notify the land quality
division of the department of environmental quality and the
inspector of mines within the department of workforce services
of the location of the land to be mined and the postal address
of the operator at least thirty (30) days before commencing
operations. A copy of the notice shall also be mailed to all
surface owners located within one (1) mile of the proposed
boundary of the limited mining operation at least thirty (30)
days before commencing operations. The operator shall notify the
land quality division of the department of environmental quality
of the date of commencement of limited mining operations within
thirty (30) days of commencing operations. Limited mining
operations authorized under this paragraph are subject to the
following:
(A) That the affected lands shall not be within
three hundred (300) feet of any existing occupied dwelling,
home, public building, school, church, community or
institutional building, park or cemetery unless the landowner's
consent has been obtained;
(B) Before commencing any limited mining
operations, the operator shall file a bond to insure reclamation
in accordance with the purposes of this act in the amount of two
thousand dollars ($2,000.00) per acre, except for quarries for
which the bond amount shall not exceed three thousand dollars
($3,000.00) per acre of affected land including roads used to
access the mining operation. Within ninety (90) days after
limited mining operations commence, the administrator may
require the operator to post an additional bond per acre of
affected land if he determines that such amount is necessary to
insure reclamation. The operator shall post the additional bond
not later than thirty (30) days after receipt of such
notification;
(C) After the limited mining operations have
ceased, the operator shall notify the administrator of such fact
in the operator's next annual report and commence reclamation
and restoration in compliance with the rules and regulations of
the land quality division of the department of environmental
quality. The rules and regulations for reclamation shall at all
times be reasonable;
(D) Immediate reclamation will not be required
if the landowner advises the department in writing of his intent
to further utilize the product of the mine, and if he assumes
the obligation of reclamation;
(E) The limited mining operations shall be
terminated if the operator does not commence operations within
five (5) years as noted in the annual report following
notification to the land quality division of the department of
environmental quality under this paragraph;
(F) Limited mining operations may continue for
not more than five (5) years from the date of commencing
operations unless a notification to extend operations is
submitted to the land quality division administrator. Operators
shall submit a notification of extension for every subsequent
five (5) year period with the annual report;
(G) Limited mining operations shall be subject
to rules governing the use of explosives pursuant to W.S. 35-11-
402(d).
(vii) Repealed By Laws 2013, Ch. 44, § 2.
(viii) Repealed By Laws 2013, Ch. 44, § 2.
(ix) Repealed By Laws 2013, Ch. 44, § 2.
(f) In promulgating regulations to implement this section
the administrator and director shall consider:
(i) The nature of the class, type, or types of
activities involved;
(ii) Their magnitude (in tons and acres);
(iii) Their potential for adverse environmental
impact; and
(iv) Whether the class, type, or types of activities
are already subject to an existing regulatory system by state or
local government or an agency of the federal government.
(g) A single permit may be issued to all county or other
local governmental entities of the state to operate
noncontiguous facilities in compliance with the statutes.
(h) A single permit may be issued for mining of
noncontiguous minerals deposits at the discretion of the
administrator in compliance with the statutes.
(j) The council, upon recommendation from the advisory
board through the administrator and director, may modify or
suspend certain requirements of W.S. 35-11-406(a), (b)(i)
through (xx), (d), (f) and (g) by rules and regulations, for
surface mining operations involving not more than thirty-five
thousand (35,000) yards of overburden, excluding topsoil, and
ten (10) acres of affected land in any one (1) year, if the
application requirements ensure reclamation in accordance with
the purposes of this act. Roads used to access a mining
operation permitted under this section shall be excluded from
the annual ten (10) acres of affected land limit, but shall be
included in the permit and bonded for reclamation liability.
(k) An operator conducting operations pursuant to W.S.
35-11-401(e)(vi) shall file an annual report with the
administrator on or within thirty (30) days prior to the
anniversary date of the commencement date of initial operation.
The report shall contain:
(i) The name and address of the operator;
(ii) The location of the mining operations;
(iii) The number of acres of affected lands at the
conclusion of the past year's operation;
(iv) The number of acres of land that have been
reclaimed during the past year;
(v) The number of yards of overburden or mined
mineral removed;
(vi) The expected remaining life of the mining
operation;
(vii) If the operations include the use of
explosives, information that the operator must maintain under
W.S. 35-11-402(d)(iii) and any other information on the use of
explosives required by rule.
(m) No steep slope surface coal mining operation shall be
commenced until the council has promulgated rules and
regulations establishing steep slope mining performance
standards.
(n) In promulgating regulations to implement W.S.
35-11-401 and 35-11-402, the administrator and director shall
consider interim mine stabilization.