020-2 Wyo. Code R. § 2-4 - Other Baseline Requirements

(a) A description of the lands to be affected within the permit area, how these lands will be affected, for what purpose these areas will be used during the course of the mining operation, and a time schedule for affecting these lands. This description shall include:

(i) The major past and present uses of the proposed permit area and adjacent lands. Previous uses of affected lands must be ranked on an individual basis according to the overall economic or social value of the land use to the landowner, community, or area in which these lands are found. The Administrator shall bear the responsibility of making the final decision on the ranking of land uses in a particular area. This decision must be based on information concerning the economy, historical use of the area , and the needs and desires of the landowner. The Administrator may consult the Land Quality Advisory Board for suggestions or recommendations on the ranking of land uses in a given area. The present land uses shall be listed using the definitions of Chapter 1, and the vegetation communities which comprise each land use shall be presented.

(ii) The capability of the land prior to mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the land's history of previous mining, if any, and the uses of the land preceding mining; as well as the land use classification under local law, if any, of the proposed permit area and adjacent areas.

(iii) Annual precipitation - the operator shall submit an estimated total annual precipitation for the proposed permit area. Data from the nearest official weather reporting station may be used. Operations more than 50 miles from an official weather station that are permanently staffed may be required to keep precipitation records.

(iv) Average wind direction and velocity - the operator shall submit the average wind direction and velocity recorded at the nearest official weather station or as measured at the site.

(v) Prime farmland information, which shall include, after a preapplication investigation of the proposed permit area, either:

(A) A request for a determination that the land not be considered prime farmland on the basis that either the land has not had a history of intensive agricultural use or there are no soil map units that have been designated prime farmland by the Natural Resource Conservation Service in accordance with 7 CFR 657 (Federal Register Vol. 43, No. 21) and the Memorandum of Understanding between the Conservation Districts and the Soil Conservation Service, or

(B) Where prime farmland occurs on proposed affected land, an application which shall be submitted in accordance with Chapter 3.

(vi) Studies of fish, wildlife, and their habitats, in the level of detail and for those areas as determined by the Administrator, after consultation with the Wyoming Game and Fish Department in accordance with the Memorandum of Understanding between the two agencies; and Federal agencies having responsibilities for the management or conservation of such environmental values, including:

(A) A list of indigenous vertebrate wildlife species within and adjacent to the permit area by common and scientific names. The area of survey for the possible presence of threatened or endangered species shall be on or within one mile of the permit area.

(B) If critical habitat disruption is likely, the U.S. Fish and Wildlife Service and Wyoming Game and Fish Department shall be contacted by the Administrator. If crucial or important habitat or migration route disruption is likely, the Wyoming Game and Fish Department shall be contacted by the Administrator. Contacting the appropriate agency(ies) is required in order to determine the types and numbers of wildlife likely to be disturbed or displaced.

(vii) A detailed description, prepared or certified by a licensed professional geologist, or other qualified professional (as required by W.S. §§ 33-41-101 through 121), of the geology within the proposed permit area down to and including any aquifer to be adversely affected by mining below the lowest coal seam to be mined. The description shall include the aerial and structural geology of the permit area and, by extrapolation, adjacent areas, including geologic parameters which influence the required reclamation, and the occurrence, availability, movement, quantity, and quality of potentially affected surface and groundwaters.

(viii) For the proposed permit area and, by extrapolation, adjacent areas, characterization of the geologic strata down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined, or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. This information shall include a statement of the results of test borings or core samples which have been collected and analyzed to show:

(A) Location of any groundwater;

(B) Lithologic characteristics and thickness of each stratum and each coal seam;

(C) Physical and chemical properties including the toxic and acidforming properties of each stratum within the overburden; and

(D) Chemical analyses for acid or toxic-forming substances of the coal seam, including the total sulphur and pyritic sulphur content. The Administrator may waive in whole or in part the requirements of these paragraphs if he makes a written finding that the testing is unnecessary because other equivalent information is available to him in a satisfactory form.

(ix) Maps and cross-sections of the area, certified by a registered professional engineer, licensed professional geologist, or other qualified professional (as required by W.S. §§ 33-29-401 through 406 and W.S. §§ 33-41-101 through 121), showing:

(A) Nature, depth and thickness of any coal seams to be mined or above those to be mined, each stratum of the overburden, and the stratum below the lowest coal seam to be mined;

(B) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

(C) Location and extent of existing or previously surface mined or underground mined areas within the proposed permit area and adjacent areas;

(D) Sufficient slope measurements of the proposed permit area measured and recorded at such distances as the Administrator determines to be representative of the premining configuration and reflect geomorphic differences of the land to be mined;

(E) The location of water supply intakes for current users of surface water flowing into, out of and within a hydrologic area defined by the Administrator, and those surface waters which will receive discharges from affected areas in the proposed permit area;

(F) The location of areas on which mining is limited or prohibited within or adjacent to the permit area, pursuant to Chapter 12, Section 1(a)(v), Land Quality -Coal Rules;

(G) Elevations and locations of test borings and core samplings;

(H) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality in preparation of the application; and

(I) Other relevant information required by the Administrator.

(x) Overburden, topsoil, subsoil, mineral seams or other deposits.

(A) Overburden - the operator shall submit a description including the thickness, geological nature (rock type, orientation, etc.), the presence of toxic, acid-forming, or vegetative-retarding substances, or any other factor that will influence the mining or reclamation activities.

(B) Topsoil and subsoil information including a soil survey of the affected lands conducted in accordance with the standards of the National Cooperative Soil Survey of the U.S. Department of Agriculture. If alternative materials are proposed to be used as a supplement to or substitute for topsoil, their suitability shall be demonstrated in accordance with Chapter 4, Section 2(c)(ix).

(I) Topsoil - the operator shall submit a description of the thickness and nature of the topsoil, if any, over the proposed affected lands. A soils survey and soil analyses conducted in accordance with standard methods acceptable to the Administratormay be required to show variations in topsoil depth and suitability.

(II) Subsoil - the operator shall submit a description of the nature, thickness and distribution of the subsoil, if any, over the proposed affected lands. Detailed analyses of the subsoil may be required, if there is reason to suspect it may be of better quality for revegetation than the topsoil, or if it is to function as a topsoil supplement in reclamation efforts. If the subsoil is suspected of containing substances that might cause pollution or hinder reclamation, analyses will provide a basis for determining how to handle this material during reclamation.

(C) Mineral seams or other deposits - the operator shall submit a description of the mineral seams in the proposed permit area, including, but not limited to, their depth, thickness, orientation (strike and dip), and rock or mineral type. Maps or geologic crosssections may be used to illustrate the description of the mineral seams.

(xi) Complete information on surface water for the permit area and adjacent areas. This shall include the following:

(A) The operator shall list and describe the name and location for the present surface waters in and adjacent to the proposed permit area. The list shall include, but not be limited to, rivers, creeks, lakes, reservoirs, springs and marshes. Streams shall be classified as ephemeral, intermittent or perennial;

(B) The operator shall submit a description of the immediate drainage area which includes the proposed permit area. Surface water use shall be identified as to domestic, municipal, industrial, agricultural, and wildlife;

(C) Baseline monitoring information of surface water quantity within the permit area which is representative of the surface hydrologic system. Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates and identification of drainage area acreage; and

(D) Water quality data sufficient to identify seasonal variation. All surface water-quality sampling and analyses performed to meet the requirements of this Section shall be conducted according to the methodology in the 20th edition of "Standard Methods for the Examination of Water and Wastewater," or the methodology in 40 CFR Part 136 -"Guidelines Establishing Test Procedures for the Analysis of Pollutants," as amended on January 16, 2001. Contact the Land Quality Division for information on how to obtain a copy of either reference materials. The data shall include at a minimum:

(I) Total dissolved solids (mg/l);

(II) Total suspended solids (mg/l);

(III) pH (standards units);

(IV) Total and dissolved iron (mg/l); and

(V) Total manganese (mg/l).

(E) Baseline alkalinity and acidity information shall be provided if there is a potential for acid drainage from the proposed mining operation.

(xii) Complete information on groundwater which may be affected in the permit area and adjacent areas. This shall include the following:

(A) The operator shall submit an estimate of the depth and quantity of any groundwater existing in the proposed permit area down to and including the strata immediately below the lowest mineral seam to be mined. The Administrator may require the operator to conduct test drilling and monitoring in order to determine the exact depth, quantity and quality of groundwater in geological formations affected by the mining operations. Such drilling will require permits from the State Engineer's Office;

(B) The lithology and thickness of all known aquifers;

(C) All water-quality sampling and analyses performed to meet the requirements of this Section shall be conducted according to the methodology in the 20th edition of "Standard Methods for the Examination of Water and Wastewater" or the methodology in 40 CFR Part 136 - "Guidelines Establishing Test Procedures for the Analysis of Pollutants," as amended on January 16, 2001. Contact the Land Quality Division for information on how to obtain a copy of either reference materials. The data shall include at a minimum:

(I) Total dissolved solids (mg/l);

(II) Total and dissolved iron (mg/l);

(III) Total manganese (mg/l); and

(IV) pH (standard units).

(D) According to the parameters and in the detail required by the Administrator, the recharge, storage, and discharge characteristics of the groundwater.

(xiii) Water rights.

(A) The operator shall list by name and owner all known adjudicated and permitted water rights on the proposed permit area and adjacent lands.

(B) The operator shall submit a list by name and owner of all existing water wells on the proposed permit area and adjacent lands, including all wells filed with the State Engineer's Office within three miles of the proposed permit area. The Administrator may require a survey of the premining water levels in the above wells.

(xiv) A description of the surface water and groundwater and related geology in the permit area and general area sufficient to assess the probable hydrologic consequences (PHC). If the determination of the PHC required by Chapter 19, Section 2(a)(i) indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic material is present that may result in the contamination of groundwater or surface water supplies, then information supplemental to that required under (a)(xi) and (a)(xii) of this Section shall be provided to evaluate such PHC and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water-quality or quantity characteristics.

(xv) Information concerning the presence or absence of an alluvial valley floor within the permit area or on adjacent areas in accordance with Chapter 3.

(xvi) The location of existing man-made features to include roads, railroads, reservoirs, public or private rights-of-way and easements, utility lines, pipelines, oil wells, gas wells, and water wells.

(xvii) Boundaries and descriptions of all cultural, historic and archaeological resources listed on, or eligible for listing on, the National Register of Historic Places. In compliance with the Archaeological Resources Protection Act of 1979 (P.L. 96-95), this information shall not be placed on display at the county clerk's office (as required by W.S. § 35-11-406(d) ) where such resources occur on lands owned by the United States. This information shall be clearly labeled as "Confidential" and submitted separately from the remainder of the application materials. Requests to disclose confidential information shall be administered under the Department's Rules of Practice and Procedure, the Wyoming Public Records Act (W.S. §§ 16-4-201 through 205) and the Environmental Quality Act.

(xviii) A description of any significant artifacts, fossil or other article of cultural, historical, archaeological or paleontological value. Upon recommendation by a qualified archaeologist or a qualified paleontologist, the Administrator may require an evaluation of the proposed permit area prior to the time that a permit or license is issued.

Notes

020-2 Wyo. Code R. § 2-4

Amended, Eff. 4/29/2021.