WYOMING REGULATORY PROGRAM AGENCY 020 DEPARTMENT OF ENVIRONMENTAL QUALITY SUB-AGENCY 040 LAND QUALITY COAL MINING RULES AND REGULATIONS (2002) CHAPTER 18 IN SITU MINING Section 1 Definitions. Section 2 General Requirements. Section 3 Permit Applications. Section 4 Annual Report. Section 5 Research and Development License Application. Section 6 Prohibitions. Section 7 Maintenance of Records and Chemical Analysis. Section 8 Confidential Records. 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 DEFINITIONS. (a) "BACKGROUND" means, for the purposes of in situ mining, the constituents or parameters and the concentrations or measurements which describe water quality and water quality variability prior to the injection of recovery fluid. (b) "INJECTION WELL" means, for the purposes of in situ mining, a well or conduit through which recovery fluid is introduced into the subsurface. (c) "LICENSE AREA" means, with respect to an In Situ Research and Development License, an area described in the license application within which all affected land and water is contained. (d) "RECEIVING STRATA" means, for the purposes of in situ mining, the geologic unit within which the production zone is contained. (e) "RECOVERY WELL" means, for the purposes of in situ mining, a well or conduit through which a recovery fluid, mineral, or product is produced from the subsurface. (f) "USES FOR WHICH THE WATER WAS SUITABLE" means, with respect to in situ mining, those uses of the premining groundwater which are or could have reasonably been developed considering established water quality standards and the premining groundwater quality conditions. Such uses shall include, but are not limited to, municipal and domestic drinking water, industrial, agricultural and wildlife uses. (g) "WELL FLUID AREA" means, for the purposes of in situ mining, the surface area containing injection and recovery wells. This area may be all or a portion of the entire area proposed for the injection and production of recovery fluid throughout the life of the mine. Section 2 GENERAL REQUIREMENTS. {{ 30 CFR Part 828; 30 CFR 785.22 }} (a) In addition to the requirements of this Chapter, Chapter 1, Chapter 2, Section 1, Section 2(a)(vi)(A) and (S) Section 2(b)(iv)(E), Chapter 4, Section 2 (excepting subsections (b)(x) and (c)(xi),(g)(viii) and with respect to (k)(i), reclamation shall be completed within two years following groundwater restoration), and Chapter 13 of these regulations shall apply to in situ mining operations. Applicable Sections of Chapter VIII and IX, Water Quality Division Rules and Regulations shall also apply to in situ mining operations. (b) No in situ mining operation shall commence or be conducted unless a valid mining permit or license has been issued to the operator from the Department. Applications for an In Situ Mining Permit or Research and Development License shall be filed with the Administrator of the Land Quality Division. The applicant shall file six copies of the application and the Administrator of the Land Quality Division shall forward three copies for filing with the Administrator of the Water Quality Division. Applications shall be in a format required by the Department. (c) The Land Quality Division and Water Quality Division shall review the in situ mining permit or license application and determine its suitability for publication in accordance with W.S. Sec. 35-11-406. A single permit shall be issued by the Director upon the recommendations of the Administrators of the Land Quality Division and Water Quality Division. A single license shall be issued by the Administrator of the Land Quality Division upon concurrent approval of the Administrator of the Water Quality Division. (d) Operators having an in situ mining permit or license issued before the effective date of these regulations shall, by no later than May 25, 1980, present evidence demonstrating compliance with the requirements of W. S. Sec. 35-11-426 through W.S. Sec. 35-11-436. The Administrator shall review such evidence and shall advise the operator in writing of such additional information or procedures necessary to satisfy the provisions of this Chapter and of W.S. Sec. 35-11-426 through W.S. Sec. 35-11-436. (e) The operator shall verbally report any confirmed excursion to the Administrator within 24 hours, and shall submit within seven days thereafter a written report to the Administrators of the Land Quality Division and the Water Quality Division detailing the procedures for mitigating or controlling the excursion. The Administrator of the Land Quality Division may after consultation with the Director and Administrator of the Water Quality Division, terminate or modify the mining operation if an excursion is not controlled within 60 days following the confirmation of the excursion. An excursion is controlled when the movement of recovery fluid out of the production zone and into unauthorized areas has ceased. (f) All wells and drill holes resulting from in situ mining operations shall be abandoned in accordance with Chapter 14 of these regulations and W.S. Sec. 35-11-404. Section 3 PERMIT APPLICATIONS. {{ 30 CFR 784.14, 784.22, 785.22 , 817.41, 828.11}} All applications for an in situ mining permit shall contain: (a) All information and materials required pursuant to W.S. Sec. 35-11-406(a)(i) through (vi), (viii) through (xiii) and (xv), and W.S. Sec. 35-11-406(b)(x) through (xii); and: (b) A description of the land, geology and groundwater hydrology consistent with the extent and nature of the proposed surface disturbance and applicable in situ technology including: (i) The past, present, and proposed post-reclamation use of the land, groundwater and surface water. (ii) A soil survey which maps and describes the general distribution of the soils within the permit area. A detailed soil survey and associated laboratory analysis may be required for soils on the affected lands. (iii) A description of the nature and depth of the topsoil that will be removed from proposed affected land prior to disturbance by mining activities. (iv) A description of the geology including maps, cross-sections and supporting geologist, drillers and geophysical logs which identifies: formations and aquifers, geologic features that could influence aquifer properties and the areal and stratigraphic position of the production zone in relation to other geologic features. (v) Tabulated water quality analyses for samples collected from all groundwaters which may be affected by the proposed operation. Sampling to characterize the premining groundwater quality and its variability shall be conducted in accordance with established Department guidelines. (vi) A groundwater potentiometric surface contour map for each aquifer that may be affected by the mining process. (vii) The name, description and map of all surface waters within the permit area and on adjacent lands. A list and mapping of all adjudicated and permitted surface water and groundwater rights within and adjacent to the permit area shall be provided. (viii) Aquifer characteristics for the water saturated portions of the receiving strata and aquifers which may be affected by the mining process, which may include, but is not limited to, aquifer thickness, velocity and direction of groundwater movement, storage coefficients or specific yields, transmissivity or hydraulic conductivity and the direction(s) of preferred flow under hydraulic stress in the saturated zones of the receiving strata. The extent of hydraulic connection between the receiving strata and overlying and underlying aquifers, and the hydraulic characteristics of any influencing boundaries in or near the proposed well field area(s) shall be determined and described. (ix) A geochemical description of the receiving strata and any aquifers that may be affected by the injection of recovery fluid. (x) Locations and present owners of all water wells in use within the permit area and on adjacent lands, including a description of well completion data, producing interval(s), and variations in water level to the extent such information is available in the public records and from a reasonable inspection of the property. The Administrator shall require a mapping of all wells within and adjacent to the permit area. (xi) A tabulation of all abandoned wells and drill holes, giving location, depth, type of use, condition of casing, plugging procedures and date of completion for each well or drill hole within the permit area and on adjacent lands to the extent such information is available in public records and from a reasonable inspection of the property. (xii) A survey of vegetative cover, productivity and species diversity on the proposed affected land determined by scientifically acceptable sampling procedures. (xiii) A list of the indigenous vertebrate species by common and scientific names observed within the proposed permit area. Habitats for endangered species and important habitats and migration routes for other wildlife shall be identified and described. Surface waters supporting fish that may be affected by the operation shall be sampled for benthic invertebrates and periphytons. (xiv) A description of climatic conditions of the site in accordance with the requirements of Chapter 2, Section 2(a)(vi)(D) and (E) of these regulations. (c) A mining plan containing all information required by W.S. Sec. 35-11-406(b)(viii),(xiii),(xiv), and (xvi) and consistent with the applicable in situ technology: (i) A description of the proposed method of operation, including injection pressures, injection rate and type of recovery fluid to be used. (ii) A description of chemical reactions that may occur during mining as a result of recovery fluid injection. (iii) The procedures utilized to verify that the injection and recovery wells are in communication with monitor wells completed in the receiving strata and employed for the purpose of detecting excursions. (iv) The procedure(s) to insure that the installation of recovery, injection, and monitor wells will not result in hydraulic communication between the production zone and overlying stratigraphic horizons. (v) A schedule and procedures to check for mechanical integrity of injection wells prior to injection and at a minimum of every five years of use. (vi) Completion details for all monitor wells and a detailed description of the typical proposed well completion for injection and recovery wells. (vii) A description of and design plan for all impoundments and, for impoundments containing wastes, a leakage monitoring plan. For impoundments holding toxic or acid-forming material, contingency plans to control unanticipated leakage shall be provided. (viii) Procedures for insuring that all acid-forming, or toxic materials or other materials constituting a fire, health or safety hazard encountered during or created by the mining process are promptly treated, confined or disposed of in a manner designed to prevent pollution of surface water or groundwater, degradation of soils and vegetation, or threat to human or animal health and safety. (ix) The composition of all known and anticipated wastes and procedures for their disposal. (x) A description of all temporary and permanent surface water diversions in accordance with the requirements of Chapter 4, Section 2(e)(iv) and (v) of these regulations. (xi) Details of a program to monitor the quantity and quality of waters that may be affected by the operation from premining through release of bond, including a description of procedures and time schedules used to confirm excursions. (xii) A description of measures employed to prevent an excursion, and contingency plans to be implemented in the event of an excursion. (xiii) An assessment of impacts that may reasonably be expected as a result of the mining operation to water resources and water rights inside the permit area and on adjacent lands, and the steps that will be taken to mitigate these impacts. (xiv) Description of the mitigating measures used during mining to minimize disruption of important habitats and migration routes of wildlife. (xv) The procedure(s) used to protect the topsoil from excessive compaction, degradation, and wind and water erosion where stockpiling of topsoil is necessary. (xvi) A subsidence analysis, using established geotechnical principles, which estimates based upon the proposed mining operation the effect of subsidence upon the land surface and overlying groundwater aquifers. Subsidence shall be planned and controlled to the extent that the values and uses of the surface land resources and the groundwater aquifers will not be degraded. (xvii) Contour map(s) which accurately locate and identify the permit area and show the location of any public highways, dwellings, utilities and easements within the permit area and adjacent lands in relation to all proposed affected lands and proposed activities associated with the operation including, but not limited to: plant site, chemical storage areas, well field areas, monitor wells, roads, temporary and permanent drainage diversions, impoundments, stockpiles for topsoil, ore product and waste, and all processing facilities. (xviii) A map(s) which shows the proposed sequence for mining and reclamation. (d) A reclamation plan containing all information required by W. S. Sec. 35-11-406(b)(ii),(iv),(xv),(xix), and consistent with the applicable in situ technology: (i) The information necessary to demonstrate that the operation will return all affected groundwater, including affected groundwater within the production zone, receiving strata, and any other areas, to a condition such that its quality of use is equal to or better than, and consistent with, the uses for which the water was suitable prior to the operation by employing the best practicable technology. Such a demonstration shall be made by showing that through the employment of the best practicable technology, as defined in W.S. Sec. 35-11-103(f)(i): (A) The condition and quality of all affected groundwater will be returned to background or better, or (B) The requirements of Section 3(d)(i)(A) cannot be achieved. In this event the condition and quality of all affected groundwater will at a minimum be returned to a quality of use equal to and consistent with uses for which the water was suitable prior to the commencement of the operation. (ii) In accordance with paragraph (i) of this subsection, the condition of groundwater restoration and the proposed procedures to achieve such restoration. (iii) A contour map showing the approximate post-reclamation surface contours for affected lands and the immediate surrounding areas if the operation will substantially alter the premining contours. (iv) Procedures for the reclamation of any temporary diversion ditches or impoundments. (v) A proposed time schedule for achieving reclamation. (vi) The estimated cost of reclamation as computed in accordance with established engineering principles, including, but not limited to: (A) Cost of removing and disposing of structures. (B) Cost of topsoiling and reseeding all affected lands. (C) Cost of facilities, materials, and chemicals used for groundwater restoration. (D) Cost of capping, plugging and sealing of all wells. (vii) Procedures for reestablishing any surface drainage that may be disrupted by the mining operation. (viii) Procedures for permanently disposing of any toxic or acid-forming materials. (ix) Procedures for removing and disposing of structures used in conjunction with the mining operation. (x) Procedures for mitigating or controlling the effects of subsidence. (xi) Procedures for ground surface preparation, depth of topsoil replacement, erosion control and water conservation practices. (xii) Procedures for revegetation so as to return the affected lands to the proposed postmining land use in accordance with Chapter 4, Section 2(d). Section 4 ANNUAL REPORT. In situ mining operators shall submit annual reports containing all information required by W.S. Sec. 35-11-411; and (a) A map(s) showing the location of all wells installed in conjunction with the mining activity and showing all areas where: (i) Groundwater restoration has been achieved, is actively taking place and is expected to commence during the next year. (ii) Mining is expected to commence during the next year. (b) The total quantity of recovery fluid injected and the total quantity of recovery fluid extracted during the reporting period for each well field area including a description of how these quantities were determined. (c) Monitoring program results pursuant to Section 3(c)(xi) of this Chapter, including a map and description of all excursions, their location and extent, that occurred during the reporting period. Completion details shall be included for all monitor wells installed during the previous year. (d) An updated potentiometric surface map(s) for all aquifer(s) that are or may be affected by the mining operation. (e) Supporting data sufficient to demonstrate groundwater restoration in accordance with Section 3(d)(ii) of this Chapter. Section 5 RESEARCH AND DEVELOPMENT LICENSE APPLICATION. An application for a Research and Development Testing License shall contain all information required by W.S. Sec. 35-11-431; and shall: (a) Demonstrate that the operation is designed to: (i) Evaluate mineability or workability of a mineral deposit using in situ mining techniques. (ii) Affect the land surface, surface waters and groundwater of the State to the minimum extent necessary. (iii) Provide premining, operational and postmining data, information and experience that will be used for developing reclamation techniques for in situ mining. (b) Contain a general description of the land, geology and groundwater hydrology for the proposed license area including: (i) The land use, vegetation, and topsoil characteristics of the affected lands. (ii) The location and name of surface waters and adjudicated water rights inside and within one-half mile of the license areas. (iii) The locations and present owners of all wells inside and within one-half mile of the license area to include information concerning plugging and well completion and producing interval(s) to the extent such information is available in the public record or by a reasonable inspection of the property. (iv) Groundwater quality data and potentiometric surface elevations for aquifers that may be affected by the proposed operation. Section 6 PROHIBITIONS. Permittees and licensees shall not inject recovery fluid into any zone or interval other than that described in the approved permit or license. Section 7 MAINTENANCE OF RECORDS AND CHEMICAL ANALYSIS. The operator shall maintain records at the mine site in accordance with W.S. Sec. 35-11-430(b) and all chemical analysis submitted to the Administrator in accordance with a valid permit or license shall include: (a) A description or reference for the procedures and methods used for sample collection, preservation, analysis and quality control. (b) The name, address, and telephone number of the laboratory performing the analyses, the job identification number and the date the analyses were performed. Section 8 CONFIDENTIAL RECORDS. Information submitted to satisfy the requirements of this Chapter may be held confidential pursuant to W.S. Sec. 35-11-1101.