WYOMING REGULATORY PROGRAM AGENCY 020 DEPARTMENT OF ENVIRONMENTAL QUALITY SUB-AGENCY 040 LAND QUALITY COAL MINING RULES AND REGULATIONS (2002) CHAPTER 19 REQUIRED STUDIES FOR SURFACE COAL MINING PERMIT APPLICATIONS AND ASSISTANCE FOR SUCH STUDIES Section 1 Definitions. Section 2 Required Studies. Section 3 Assistance for the Studies and Investigations. Section 4 Decision. Section 5 Evaluation and Reimbursement. 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) "PRODUCTION" means the amount determined by the pro rata share, based upon percentage of ownership, of coal produced by surface coal mining operations. (b) "QUALIFIED LABORATORY" means a public agency, private consulting firm, institution, or analytical laboratory the name of which appears on the Director's list of those laboratories which can provide the required determination or statement described in Section 2 and which are named as qualified laboratories within the list published in the Federal Register. (c) "QUALIFIED SMALL OPERATORS" means any person who intends to apply for and is eligible to receive a permit pursuant to the Act who has not organized or reorganized a business solely for the purpose of receiving assistance and who establishes that the probable total annual production will not exceed 100,000 tons from: (i) All operations in which the applicant owns more than a 5 percent interest, or controls it in any manner whatsoever; (ii) All operations owned or controlled by persons who own more than 5 percent of the applicant or control the applicant, either directly or indirectly; and (iii) All operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is not direct or indirect business relationship between or among them. Section 2 REQUIRED STUDIES. {{ 30 CFR 773.15, 780.18, 780.21, 816.41, 816.42, 816.43, 816.45, 816.46, 816.47, 819.49, 816.56, 816.57 }} (a) In addition to other information required by the Act and these regulations, all surface coal mining permit applications shall contain: (i) A determination of the projected result of proposed surface coal mining and reclamation operations, both on and off the mine site, which may reasonably be expected to change the quantity or quality of the surface and groundwater; the surface and groundwater flow, timing and availability, the surface and groundwater quality under seasonal flow conditions, including dissolved and suspended solids; the effect of acid-forming and toxic material on surface and groundwaters; the stream channel conditions; and the aquatic habitat in the permit area and other affected areas. This information shall be in sufficient detail to enable the Administrator to determine the probable cumulative hydrologic impacts on surface and groundwater systems including the impacts resulting from the proposed operation and their interaction with the impacts of all anticipated mining upon all affected hydrologic systems. Anticipated mining shall be projected over the life of the operation, and shall include all other existing coal mining operations, any proposed coal mining operation for which a permit application has been filed and all proposed operations required to meet diligent development requirements for leased federal coal where mine development and geological information is available. The assessment of the probable cumulative hydrologic impacts shall be sufficient to make the determination of W.S. Sec. 35-11-406(n)(iii). (ii) Unless determined in writing by the Administrator to be unnecessary, a statement of the physical and chemical analyses of test borings or core samplings from the permit area of the coal seam, overburden, and stratum lying immediately under the coal seam to be mined, including logs of the drill holes and thickness and sulfur content of any coal seam. Section 3 ASSISTANCE FOR THE STUDIES AND INVESTIGATIONS. {{ 30 CFR 779.10 }} (a) For the purpose of the determination required by Section 2(a)(i) of this Chapter, hydrologic information on the general area prior to mining may be obtained from an appropriate Federal or State agency. The Administrator shall not make a determination of completeness nor approve or deny any application until such information is available, or until it is otherwise voluntarily submitted by the applicant. (b) For the purpose of the determinations required by Section 2 of this Chapter, the Director shall provide assistance to qualified small operators who submit and obtain approval of an application for assistance. The application shall include: (i) A statement of intent to file a permit application; (ii) The names and addresses of the potential permit applicant and operator; (iii) The basis upon which the applicant claims to be a qualified small operator, including actual and estimated production for the year preceding the application for assistance and for each year of estimated operation; (iv) A description of the proposed operation including the method, duration and number of acres of land to be affected by the proposed operation; (v) A description of the area, including a general description of the coal resource and the coal reserve (including the method which they were calculated), and a USGS topographic map showing the area to be affected, drainage and the water sources, existing structures, known underground mines, and names of property owners for the proposed permit area and adjacent lands; and (vi) Documents showing that the applicant or other qualified personnel have a legal right to enter and commence mining within the permit area, and to inspect, collect data, or install equipment within the permit area and on adjacent areas which may be affected by the proposed operation. Section 4 DECISION. (a) Within 30 days from submittal the Director shall approve or deny the application for assistance based on the Administrator's recommendation that the applicant is a qualified small operator and nothing appears to preclude the applicant from obtaining a mining permit for the proposed operation. (b) The Director shall inform the applicant of his decision and: (i) If the application is approved, select and pay for the services of one or more qualified laboratories to do the work that the Administrator determines to be necessary to comply with the requirements of Section 2; or (ii) If the application is denied, state the reasons for denial. (c) The decision on the application for assistance shall not be a factor in any decision on a subsequent permit application. Section 5 EVALUATION AND REIMBURSEMENT. (a) The Director or authorized representative shall conduct periodic on-site evaluations of the activities of the qualified laboratories and the small operators to ensure that the necessary assistance is, and is only provided to qualified small operators. (b) The Director may require reimbursement for the cost of the laboratory services if the applicant is not a qualified small operator, if he fails to submit a permit application within one year from the date of receipt of the laboratory reports, or if he fails to mine after obtaining a permit. (c) If the permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed production exceeds the 100,000 ton annual production limit during any consecutive 12 month period of the remaining term of the permit, the applicant and its successor are jointly and severally obligated to reimburse the State for the cost of the laboratory services. (d) The Director may waive the reimbursement obligation if he finds that the applicant at all times acted in good faith.