WYOMING REGULATORY PROGRAM

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

CHAPTER 15    RELEASE OF BONDS OR DEPOSITS AND TERMINATION OF JURISDICTION FOR 
SURFACE COAL MINING OPERATIONS
   Section 1   Request for Release.
   Section 2   Administrative Hearing.
   Section 3   Inspection of the Permit Area.
   Section 4   Notification.
   Section 5   Schedule for Release of Incremental Bond.
   Section 6   Replacement or Substitution of Bonds.  
   Section 7   Termination of Jurisdiction.

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 REQUEST FOR RELEASE.               {{ 30 CFR 800.40 }}
(a)  The operator may file a request with the Division for the release of all or part of an area bond, an incremental bond,
or a deposit.  The request shall contain the following information:
     (i)  The precise location of the land affected by legal subdivision, Section, township, range, county and
municipal corporation, if any.
     (ii)  The number of acres affected.
     (iii)  The permit number and the date approved.
     (iv)  The type and amount of bond, and type and portion sought to be released.
     (v)  A map describing the location and acreage of each type of bond release in the request, the dates of rough
backfilling, the dates of topsoil replacement and replacement depths, and the dates of seeding.

(b)  Within 15 days of receipt of the request, the Administrator shall determine if the request is complete, i.e., does it
contain all information required by (a) immediately above.  If it is not complete, the Administrator will promptly notify
the operator of any deficiencies.  If it is complete, the Administrator will promptly notify the operator in writing of that
fact.

(c)  Within 15 days of notification by the Administrator that the request is complete, the operator shall cause notice of
the request for bond release to be published in a newspaper of general circulation in the locality of the surface coal
mining operation at least once per week for four consecutive weeks commencing within 15 days after filing of the
completed request.  The notice shall contain information regarding:
     (i)  The name of the operator.
     (ii)  The information contained in (a)(i)-(iv) above plus a description of the types and dates of reclamation work
performed and the results achieved.
     (iii)  The location and final date for filing objections to and requests for a hearing on the bond or deposit release
request.

(d)  Also within 15 days of notification by the Administrator that the request is complete, letters stating the operator's
intent to seek release from the bond(s) or deposit shall be sent to:
     (i)  The overlying and adjoining surface owners of record;
     (ii)  The county or counties in which the operation is located and any incorporated municipality within five miles
of the permit area;
     (iii)  The Economic Development and Stabilization Board (EDS Board) and other area-wide planning entities
within the State; and
     (iv)  Sewage and water treatment authorities or water companies in the locality of the operation.

(e)  These letters shall contain the information outlined in (c) above.  Copies of the letters shall be promptly submitted
to the Administrator.

Section 2 ADMINISTRATIVE HEARING.
(a)  Any affected person has the right to file written comments or objections to the request for bond release with the
Administrator within 30 days after the last publication of the above notice.  Affected persons are:
     (i)  Any person with an interest which is or may be adversely affected by bond release; and
     (ii)  The responsible officer or head of any Federal, State or local government agency which:
          (A)  Has jurisdiction by law or special expertise with respect to any environmental, social or economic
impact involved; or
          (B)  Is authorized to develop and enforce environmental standards with respect to surface coal mining.

(b)  If written objections are filed, and public hearing requested, the Council shall hold a public hearing within 60 days
after the final date for filing objections unless a different period is stipulated to by all parties.  The Council shall inform
the operator and all interested parties of the public hearing. The Council shall also publish notice of the time, date, and
location of the hearing in a newspaper of general circulation in the locality of the surface coal mining operation at least
once a week for two consecutive weeks immediately prior to the hearing.  The hearing shall be conducted as a contested
case in accordance with the Wyoming Administrative Procedure Act, and right of judicial review will be afforded as
provided in said Act.

(c)  Without prejudice to the right of an objector or the applicant, the Administrator may hold an informal conference
to resolve written objections after notification to all parties.  The Administrator shall make a record of the conference
unless waived by all parties, which shall be accessible to all parties.  The Administrator shall furnish all parties of the
conference with a written finding of the Division based on the conference, and the reasons for the finding.

Section 3 INSPECTION OF THE PERMIT AREA.     {{ 30 CFR 800.40 }}
(a)  Within 60 days of notification to the operator of a complete request, the Administrator shall conduct an inspection
and evaluation of the mining and reclamation work involved, conditions permitting.  Such evaluation shall consider
whether the operator has complied with his approved mining and reclamation plan which shall include, among other
things:
     (i)  Degree or difficulty to complete any remaining reclamation.
     (ii)  Whether pollution of surface and subsurface waters is occurring.
     (iii)  Probability of future occurrence of such pollution.
     (iv)  The estimated cost of abating such pollution.

(b)  A surface owner, agent or lessee of record for the area covered by the release request shall be given notice of the
inspection and may participate.  The Administrator may arrange with the permittee to allow access to the permit area,
upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the
hearing in Section 2.  Access shall be under the same terms and conditions as required in Chapter 16, Section 1(e) and
W.S.  35-11-701(b).

Section 4 NOTIFICATION.                 {{ 30 CFR 800.40 }}
(a)  The Director shall notify the operator in writing of his decision to release or not to release all or part of the bond(s)
within 75 days of notification to the operator of a complete request, if no public hearing is held pursuant to Section 2. 
If there has been a public hearing, the notification to the operator shall be within 30 days from the decision.  At the same
time, the Director shall also notify any persons who either filed written objections or objectors who were a party to the
hearing proceedings, if any, of the decision.

(b)  The Administrator shall notify the municipality in which the surface coal mining operation is located by certified
mail at least 30 days prior to the release of all or a portion of the bond.

(c)  If bond release is disapproved, the notice shall include any recommended corrective actions necessary to secure the
release and specify that an opportunity for public hearing is afforded upon request.

Section 5 SCHEDULE FOR RELEASE OF INCREMENTAL BOND.
(a)  The Administrator may recommend to the Director the release of incremental bond according to the following
schedule.
     (i)  When the operator completes the backfilling, regrading, topsoil replacement, recontouring and drainage
control of a bonded area in accordance with his approved reclamation plan, the release of 60 percent of the incremental
bond for the applicable permit area.
     (ii)  After vegetation whose species composition is commensurate with that of the seed mix(es) of the approved
reclamation plan and the species composition required by Chapter 4 Section 2(d)(x), the amount of bond to be released
shall be determined by:
          (A)  The amount the Director determines must be retained for the permit area which would be sufficient
for a third party to cover the cost of reestablishing vegetation so as to comply with the Act and all rules and regulations
promulgated thereunder.
          (B)  No part of the remaining bond or deposit shall be released under this provision.
               (I)  So long as the lands to which the release would be applicable are contributing suspended
solids to streamflow or runoff outside the permit area in excess of premining concentrations of receiving waters.
               (II)  Until soil productivity for prime farmlands has returned to equivalent levels of yield as
nonmined land of the same soil type in the surrounding area under equivalent management practices in accordance with
Chapter 5, Section 2(b).
               (III)  Where a permanent impoundment is involved, this portion (B) of the bond may be
released only after any renovation which may be required to meet the regulations and the permit has been completed and
the State Engineer has approved the impoundment for its intended use.
     (iii)  The remaining portion of the bond may be released after the operator has successfully completed all surface
coal mining and reclamation activities and complied with the reclamation requirements of the Act, regulations and permit.

Section 6 REPLACEMENT OR SUBSTITUTION OF BONDS.  
This Chapter in no way governs when the Administrator or operator requests replacement of or substitution for the
original bond by another bond, self-bond or deposit.

Section 7 TERMINATION OF JURISDICTION.       {{ 30 CFR 700.11 }}
(a)  The Administrator may terminate  jurisdiction over the reclaimed site of a completed surface coal mining and
reclamation operation, or increment thereof, when the Administrator determines in writing that all requirements
imposed under the rules and regulations and Environmental Quality Act have been successfully completed and the
Administrator has made a final decision in accordance with Chapters 4 and 15 to release the performance bond fully.

(b)  Following a termination under paragraph (a) of this Section, the Administrator shall reassert jurisdiction over a
site if it is demonstrated that the bond release or written determination referred to in paragraph (a) of this Section was
based upon fraud, collusion, or misrepresentation of a material fact.