020-2 Wyo. Code R. § 2-5 - Mine Plan

(a) In addition to that information required by W.S. § 35-11-406(b), each application for a surface coal mining permit shall contain:

(i) A complete operations plan proposed to be conducted during the life of the mine including:

(A) A narrative description of the type and method of mining, the number of acres that will be affected annually, overburden and mineral removal and transport, anticipated annual and total production by tonnage, and the major equipment to be used for all aspects of the operations.

(B) A map showing the estimated orderly progression of mining and reclamation on all proposed affected lands.

(C) The size, sequence , and timing of the areas for which it is anticipated that renewed permits for mining will be requested over the estimated total life of the proposed operation.

(D) Cross-sections, or maps and plans of the area to be mined during the term of the permit, or for the entire permit area if required by the Administrator or specified below, and certified by a registered professional engineer or professional geologist, showing:

(I) Location of proposed water treatment control and monitoring facilities;

(II) Location of each proposed explosive storage and handling facility;

(III) Location and construction of each proposed waste disposal facility relating to coal processing or pollution control;

(IV) Location of and typical design for surface water and groundwater hydrologic control methods including proposed temporary impoundments, sedimentation ponds, diversions, stream channels, erosion control methods, and water treatment, water storage, water collection and discharge facilities. The location and typical design of permanent impoundments and general location of the above described hydrologic control methods shall be provided for the permit area;

(V) The location, construction , and maintenance of coal stockpiles, and temporary and excess spoil piles shall be provided for the permit area;

(VI) Location of permanently fixed signs and markers in accordance with the requirements of Chapter 4, Section 2(o); and

(VII) Location and description of any undisturbed natural barrier which is proposed to be provided to prevent slides and erosion, in accordance with the requirements of Chapter 4, Section 2(s).

(ii) A narrative and a map of the permit area identifying the location of existing structures, a description of their use and maintenance, and an explanation of whether they meet the requirements of Chapter 4 or the plan for removal, if required, or modification to comply with those standards in a manner which protects the environment and public health and safety.

(iii) A description of the measures to be used to maximize the use and conservation of the coal resource as required in Chapter 4, Section 2(v).

(iv) A description of the contingency plans which have been developed to preclude sustained combustion of any materials constituting a fire hazard.

(v) A description, plans, and drawings for each mine facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross-sections, design drawings, and specifications sufficient to demonstrate compliance with section 2(n) of Chapter 4 for each facility.

(vi) A map of the permit area which clearly shows that a railroad spur(s) which provides exclusive service to that particular permit is being included within the permit boundary from the point that it provides such service. This spur(s) shall be covered by a reclamation bond.

(vii) A blasting plan for the area to be mined during the term of the permit, which shall include:

(A) Proposed compliance with limitations on ground vibration and airblast, the basis for those limitations, and methods to be applied in controlling the adverse effects of blasting operations. The applicant shall also include:

(I) A blasting plan which depicts the worst-case scenario (i.e., the maximum probable amount of explosives to be detonated in any eight millisecond period).

(II) The identification, direction , and distance, in feet to the nearest dwelling, public building, school, church, and community or institutional building from any blasting area during the term of the permit. This paragraph shall not apply if the building is owned by the operator and not leased to another or, if leased, the lessee signs a waiver relieving the operator from meeting the limitations in Chapter 6.

(B) If blasting operations will be conducted within 1,000 feet of any building used as a dwelling, public building, school, church, and community or institutional building outside the permit area, or within 500 feet of an active or abandoned underground mine, an anticipated blast design, prepared and signed by a certified blaster. The design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used which protect the public and meet the applicable airblast, flyrock , and ground vibration standards in Chapter 6. This paragraph shall not apply if the building is owned by the operator and not leased to another or, if leased, the lessee signs a waiver relieving the operator from meeting the limitations in Chapter 6.

(C) Description and location of blasting monitoring, warning , and site access control equipment and procedures proposed to be used pursuant to Chapter 6, Section 4.

(D) Description of procedures and plans for recording and retaining information required by Chapter 6, Section 5.

(E) A sample copy of the public notices required by Chapter 6, Section 3.

(F) Other information requested by the Administrator which he determines necessary to ensure compliance with Chapter 6.

(viii) A plan for minimizing adverse impacts to fish, wildlife , and related environmental values within and adjacent to the permit area during the operation and how enhancement of these resources will be achieved where practicable. Where a plan does not include enhancement measures, the applicant shall affirmatively demonstrate why such measures are not practicable. The plan shall include:

(A) Whether such resources will be enhanced through successful revegetation and other enhancement measures in accordance with Chapter 4, Section 2(r);

(B) A statement of how the applicant will utilize monitoring methods as specified in Appendix B of these rules and regulations, and impact control measures and management techniques to protect or enhance the following, if they are likely to be affected by the proposed operation:

(I) Threatened or endangered species of plants or animals listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. Section 1531 et seq.) and their critical habitats;

(II) Species identified through the consultation process described in Section 4(a)(vi); and

(III) Important habitats for fish and wildlife, such as wetlands, riparian areas, rimrocks, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas.

(C) Upon request, the Administrator shall provide the resource information required under paragraph (B) of this Section and that required by Section 4(a)(vi) of this Chapter to the U.S. Department of the Interior, Fish and Wildlife Service regional or field office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

(ix) A plan to ensure the protection of the quantity and quality of, and rights to, surface water and groundwater both within and adjacent to the permit area, which shall include:

(A) A plan and timetable for control and treatment of surface water and groundwater in accordance with Chapter 4, Section 2(e)-(h);

(B) A plan for sediment removal and disposal;

(C) A plan to restore the approximate recharge capacity of the permit area in accordance with Chapter 4, Section 2(h);

(D) A plan to collect, record , and report water quantity and quality data according to Chapter 4, Section 2(i); and

(I) Surface water monitoring plan.

(1.) The application shall include a monitoring plan based upon the PHC determination required under subsection 5(a)(x) of this Chapter and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in subsection 5(a)(ix) of this Chapter.

(2.) The plan shall identify the surface water quantity and quality parameters to be monitored, sampling frequency, and site locations. At a minimum, the parameters specified in Section 4(a)(xi)(C) and (D) of this Chapter shall be measured. Results of monitoring shall be available for inspection at the mine and available to the Director's designated authorized representative, and shall be reasonably current. Surface water monitoring shall be conducted quarterly unless an alternate frequency, appropriate to the monitored site, is approved by the Administrator. Results of monitoring shall be submitted in the annual report for each monitoring location.

(3.) The plan shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(II) Groundwater monitoring plan.

(1.) The application shall include a groundwater monitoring plan based upon the PHC determination required under subsection 5(a)(x) of this Chapter and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the groundwater for current and approved postmining land uses and to the objectives for protection of the hydrologic balance set forth in subsection 5(a)(ix) of this Chapter.

(2.) The plan shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, the parameters specified in Section 4(a)(xii)(C) of this Chapter and water levels shall be measured. Groundwater monitoring shall be conducted quarterly unless an alternate frequency, appropriate to the monitored site, is approved by the Administrator. Results of monitoring shall be available for inspection at the mine and available to the Director's designated authorized representative, and shall be reasonably current. Results of monitoring shall be submitted in the annual report for each monitoring location.

(E) A plan to provide alternative sources of water in accordance with W.S. § 35-11-415(b)(xii), where the protection of quantity or quality cannot be ensured as determined under the requirements of (x) below.

(x) Probable hydrologic consequences determination (PHC). A determination of the PHC of the proposed operation on the hydrologic regime and the quantity and quality of surface water and groundwater systems within the permit area and the general area consistent with the information required in Chapter 19, Section 2 of these regulations. The PHC determination shall be based on baseline hydrologic, geologic and other information collected for the permit application and may include data statistically representative of the site. This determination shall specifically address potential adverse hydrologic consequences and describe preventive and remedial measures.

(xi) An evaluation of the impact of the proposed mining activities that may result in contamination, diminution, or interruption of the quality and quantity of groundwater or surface water within the proposed mine permit area or adjacent areas that are used for domestic, agricultural, industrial, or other legitimate purposes. If contamination, diminution, or interruption may result, then the application shall identify the alternative sources of water supply that could be developed to replace the existing sources in accordance with State law.

(xii) A general plan for each coal-processing waste bank. It shall contain a description, map, and cross-section of the structure and its location, preliminary hydrologic information required to assess the hydrologic impact of the bank, and any additional information the Administrator may deem necessary to show compliance with Chapter 4, Section 2(c). Where the applicant proposes to return coal-processing waste to abandoned underground workings, the application shall:

(A) Describe the design, operation and maintenance of any proposed coal-processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the Administrator and the Mine Safety and Health Administration;

(B) Describe the sources and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill and the anticipated occurrence of surface effects following backfilling;

(C) Describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime;

(D) Describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area except where pneumatic backfilling operations are exempted from hydrologic monitoring; and

(E) Be approved by MSHA as well as the Administrator prior to implementation.

(xiii) For surface mining activities to be conducted within 500 feet of an underground mine, measures to be used to comply with Chapter 4, Section 2(t).

(xiv) Plans describing the measures to be taken to obtain permit approval regarding areas where mining would be otherwise limited or prohibited pursuant to Chapter 12, Section 1(a)(v).

(xv) Descriptions, including appropriate maps and cross-sections of any proposed excess spoil disposal site and design of the spoil piles in accordance with the requirements of Chapter 4, Section 2(c). This shall contain the results of a geotechnical investigation of the proposed excess spoil disposal site, including the following:

(A) The character of bedrock and any adverse geologic conditions in the disposal area;

(B) A survey identifying all springs, seepage, and groundwater flow observed or anticipated during wet periods in the area of the disposal site;

(C) Where applicable, an evaluation of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(D) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods; and

(E) If, under Chapter 4, Section 2(c)(xi)(F), special structural provisions are required for spoil disposal on overall slopes greater than 20 degrees, information on:

(I) The number, location and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and

(II) The engineering designs, design rationale and design calculations for the special structural provisions, which are based on the information required in paragraph (D) above.

(xvi) Road Systems.

(A) Each applicant shall submit plans and drawings for each road as defined in Chapter 1 to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall:

(I) Include a map, appropriate cross-sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, drainage structures and low-water crossings;

(II) Contain the drawings and specifications of each proposed road that is located in the channel of an ephemeral stream that has the potential for sufficient flow to cause substantial environmental harm unless a downstream sediment control structure exists within the permit boundaries, any intermittent or any perennial stream, as necessary for approval of the road by the Administrator in accordance with Chapter 4, Section 2(j)(iv)(A);

(III) Contain the drawings and specifications for each proposed ford of intermittent or perennial streams that is used as a temporary route, as necessary for approval of the ford by the Administrator in accordance with Chapter 4, Section 2(j)(vii)(C)(II);

(IV) Contain a description of measures to be taken to obtain approval from the Administrator for alteration or relocation of a natural stream channel under Chapter 4 , Section 2(j)(vii)(D)(V);

(V) Contain the drawings and specifications for each low-water crossing of an ephemeral stream channel that has the potential for sufficient flow to cause substantial environmental harm unless a downstream sediment control structure exists within the permit boundaries, any intermittent stream channel or any perennial stream channel so that the Administrator can maximize the protection of the stream in accordance with Chapter 4, Section 2(j)(vii)(D)(VI); and

(VI) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(B) The plans and drawings for each primary road (as defined in Chapter 4, Section 2(j)(i)(B) ) shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer as meeting the requirements of this Chapter and current, prudent engineering practices.

(xvii) Plans for compliance with the temporary and permanent cessation of operations requirements contained in Chapter 4, Section 2(k) and (u).

(xviii) Plans of mine facilities (including overstrip areas) that are to be shared by two or more separately permitted mining operations may be included in one permit application and referenced in the other application(s). Each permittee shall bond the mine facilities unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, the application shall include a copy of the agreement between or among the parties setting forth the respective bonding responsibilities of each party for the mine facilities. The agreement shall demonstrate to the satisfaction of the Administrator that all responsibilities under the Act and regulations for the mine facilities will be met.

(xix) A Cultural Resources Management Plan which:

(A) Describes the measures to be used to prevent impacts to public parks or places listed on the National Register of Historic Places or, in cases of valid existing rights or where joint agency approval has been obtained, to minimize impacts to such parks or places;

(B) Provides for the mitigation of adverse effects to historic or archaeological properties eligible for listing on the National Register of Historic Places; and

(C) Ensures that the appropriate treatment measures or mitigation will be undertaken prior to the commencement of any specific mining operation that would affect such parks, places , or properties.

(xx) A plan for the management and disposal of noncoal mine waste, including any noncoal wastes generated by a mine mouth electric power plant, coal drier , or coal preparation plant within the proposed permit area in accordance with Chapter 4, Section 2(c) (xiii)(C).

Notes

020-2 Wyo. Code R. § 2-5

Amended, Eff. 4/29/2021.