WYOMING REGULATORY PROGRAM

AGENCY 020    DEPARTMENT OF ENVIRONMENTAL QUALITY   
SUB-AGENCY 040   LAND QUALITY
COAL MINING RULES AND REGULATIONS   (2002)

CHAPTER 13   SURFACE COAL MINING PERMIT REVISIONS
   Section 1   Submittal of Revisions.
   Section 2   Criteria for Public Notice Requirements.
   Section 3   Notice and Opportunity for Public Hearing.
   Section 4   Decision.
   Section 5   Review of Outstanding Permits.
   Section 6   Exception.

NOTE: Cross references to OSM's federal statute and regulations appear in double braces to the right of the
Wyoming regulation section numbers, e.g.,
"Section 3     APPLICABILITY.           {{ SMCRA 528; 30 CFR 700.11, 707.11 }}".  
The cross references were compiled using the preambles to OSM's approval of amendments to the Wyoming
regulatory program published in the Federal Register, the Wyoming File in the COALEX Library in LexisNexis and
Side-by-Side Forms provided by the Wyoming Regulatory Authority.

Section 1 SUBMITTAL OF REVISIONS.       {{ SMCRA 511(a); 30 CFR 774.13 }}
(a)  A permit may be revised, upon approval by the Administrator, if the operator submits an application to the
Division in accordance with Section 1(d) of this Chapter.  Significant revisions are those which constitute a change
described in Section 2 of this Chapter.  

(b)  Non-significant revisions shall be submitted in a format approved by the Administrator.  All non-significant
revisions shall include:
     (i)  A brief description of the change and why the change is being sought;
     (ii)  An outline or index indicating what pages, maps, tables, or other parts of the approved permit are
affected by the revision; and
     (iii)  Additional information necessary to support or justify the change.

(c)  RESERVED

(d)  Each application shall contain:
     (i)  The name and address of the operator;
     (ii)  The permit number and date approved;
     (iii)  The following information, if different from that submitted in the original permit application:
          (A)  The precise location of the permit area by legal subdivision, Section, township, range, county,
and municipal corporation, if any;
          (B)  The names and last known addresses of the owners of record of the surface and mineral rights
of the land covered by the permit; and
          (C)  The names and last known addresses of the owners of record of the surface rights of the lands
immediately adjacent to the permit area.
     (iv)  A detailed description of the proposed revised mining or reclamation operation which shall also
include:
          (A)  A USGS topographic map or equivalent of the permit area showing the land to be affected by
the revised mining or reclamation operation, in detail, distinctly outlined and identified;
          (B)  For any proposed newly affected lands, if not submitted and approved in the original
application for the permit:
               (I)  The information required in W.S. Sec. 35-11-406(a)(vii) and (ix) or, for in situ mining
operations, the information required in W.S. Sec. 35-11-428; and
               (II)  The extent to which the revised mining or reclamation operation will disturb, change
or deface the lands proposed to be affected, the proposed future use or uses and the plan whereby the operator will
reclaim the affected lands to the proposed future use or uses.
          (C)  Any significant changes in the estimate of the total cost of reclaiming the affected and
proposed affected lands, computed in accordance with established engineering principles.
          (D)  For surface coal mining operations, the Administrator shall require a revised or updated
probable hydrologic consequences assessment if significant changes in the results of the assessment are expected to
occur as a result of a revised operation or new data.  The information shall be in sufficient detail to enable the
Administrator to determine whether a new or updated assessment of probable cumulative hydrologic impacts is
required.  If a new or updated assessment is required, the Administrator shall reassess the probable cumulative
hydrologic impacts in accordance with Chapter 19, Section 2 of these regulations.
     (v)  Such other information as the Administrator deems necessary or as good faith compliance with the
provisions of the Act require.

Section 2 CRITERIA FOR PUBLIC NOTICE REQUIREMENTS.      {{ 30 CFR Part 774 }}
(a)  Within 90 days after submission of the application for permit revision the Administrator shall notify the operator
of whether or not the application is complete and whether notice and opportunity for public hearing is required.

(b)  Notice and opportunity for public hearing is required whenever the application for permit revision proposes the
following changes, so long as they constitute significant deviations from that which was contemplated in the
approved mining and reclamation plan.  The following will normally be considered significant deviations, unless
otherwise determined by the Administrator:
     (i)  A change in the approved future land use or uses which affects more than 20 percent of the land within
the permit area;
     (ii)  A change in the approved method for insuring that all acid-forming or toxic materials, radioactive
materials, or materials constituting a fire, health or safety hazard uncovered during or created by the mining process
are promptly treated or disposed of during the mining or reclamation process in a manner designed to prevent
pollution of surface or subsurface water or threats to human or animal health and safety;
     (iii)  The construction or relocation of mills and tailings disposal facilities;
     (iv)  A change in the approved method of mining which results in surface disturbance (e.g. underground,
surface or in situ mining);
     (v)  A change which would adversely affect the quality, quantity, or distribution of water in surface or
groundwater systems;
     (vi)  For surface coal mining operations, continuing operation after cancellation or material reduction of the
liability insurance policy, the performance bond or other equivalent guarantee upon which the original permit was
approved; or
     (vii)  Any changes which propose significant alterations in the approved mining or reclamation operation, as
determined by the Administrator.

Section 3 NOTICE AND OPPORTUNITY FOR PUBLIC HEARING. {{ 30 CFR 773.6, 774.13 }}
(a)  When required under Section 2, the operator shall cause notice of the application for permit revision to be
published in a newspaper of general circulation in the locality of the mining site once a week for four consecutive
weeks commencing within 15 days after notification that publication is required. The notice shall contain that
information required by W.S. Sec. 35-11-406(j), the permit number and date approved, and a general description of
the proposed revision.  The operator shall also mail a copy of the application mine plan map to the Wyoming Oil and
Gas Commission in accordance with W.S. Sec. 35-11-406(j).

(b)  Objections may be filed in accordance with W.S. Sec. 35-11-406(k), which objections shall list one or more
reasons for denying a permit as set out in W.S. Sec. 35-11-406(m) or (n).  If such written objections are filed, a
public hearing shall be held in accordance with W.S. Sec. 35-11-406(k).  The Council shall issue findings of fact and
make a decision on the application within 60 days after the final hearing.

Section 4 DECISION.
(a)  The Administrator shall, with the concurrence of the Director, render a decision on the application for permit
revision and approve or disapprove the proposed revision in accordance with the applicable criteria set out in W.S.
Sec. 35-11-406 and any regulations adopted pursuant thereto.  The decision shall be made:
     (i) Within 30 days after notification of a complete application, if notice is not required; or
     (ii)  If notice is required:
          (A)  Within 30 days after completion of the notice period, if the application for permit revision is
not protested; or
          (B)  If the revision is protested and a hearing held, within 15 days from the receipt of any findings
of fact and decision from the Environmental Quality Council.

(b)  The applicant shall be promptly informed of the decision on the application.

Section 5 REVIEW OF OUTSTANDING PERMITS.
(a)  The Administrator, with the concurrence of the Director, may require the operator to submit an application for
permit revision and comply with all requirements of this Chapter. Any such requirement shall be based on written
findings that, upon review of the operator's annual report or inspection of the existing operation, there is or is
intended to be conducted a revised mining or reclamation operation.  Such review or inspection shall be conducted at
least each year upon receipt of the operator's annual report.  Right of review shall be afforded as provided in the
Wyoming Administrative Procedure Act.  Nothing contained herein shall be construed to require compliance with
any provision of the Act or regulation from which the existing operation has been specifically excepted.

Section 6 EXCEPTION.
(a)  For surface coal mining operations, this Chapter does not apply to extensions of the mine permit boundary.  Any
such extension, except incidental boundary revisions, must be made in accordance with the Act and by application
for a permit amendment with public notice, and opportunity for hearing.  The operator shall notify the Administrator
in advance where the extension is an incidental boundary revision, and possess a copy of the notification at the site of
the operation.  The operator will not be allowed to utilize this provision for incidental boundary revisions so as to
circumvent the policy and purpose of this Chapter and the Wyoming Environmental Quality Act.