WYOMING REGULATORY PROGRAM AGENCY 020 DEPARTMENT OF ENVIRONMENTAL QUALITY SUB-AGENCY 040 LAND QUALITY COAL MINING RULES AND REGULATIONS (2002) CHAPTER 7 UNDERGROUND COAL MINING Section 1 Underground Coal Mining Permit Application Content Requirements. Section 2 Environmental Protection Performance Standards Applicable to Underground Mining Operations. Section 3 Public Notice. Section 4 Surface Owner Protection. 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 UNDERGROUND COAL MINING PERMIT APPLICATION CONTENT REQUIREMENTS. {{ SMCRA 720; 30 CFR Part 784 }} (a) In addition to the requirements of W.S. Sec. 35-11-406, and the applicable regulations contained in Chapter 2, Section 1, applications for a permit for underground coal mining operations shall contain all information required by Chapter 2, Section 2, except Section 2(b)(xi)(C),(E), and (xiii), and as limited below: (i) Information required on soils, vegetation, archaeology, fish and wildlife resources, topography, geology, and mineral deposits shall be limited to those areas affected by surface operations or subsidence. Information required on surface water shall be limited to the immediate drainage area of those lands affected by surface operations or subsidence. Information required for the geological description pursuant to Chapter 2, Section 2(a)(vi)(I) shall be as follows: (A) For areas where surface operations and facilities will cause removal of overburden down to the level of the coal seam (this does not include test boring and core sampling areas), all information outlined in Chapter 2, Section 2(a)(vi)(I); (B) For all other areas, all information outlined in Chapter 2, Section 2(a)(vi)(I), except that the information called for in paragraph (III) is restricted to the strata immediately overlying and underlying the coal seam(s) to be mined; and (C) For areas where room-and-pillar operations are proposed, information on the thickness and engineering properties of clays or soft rock, if any, in the mined coal overlying and underlying strata. (ii) The pre-application investigation to determine whether lands may be prime farmland shall be limited to the area proposed to be affected by surface operations or subsidence. (iii) A narrative description of the construction, modification, use, maintenance, and removal of mine development waste. (iv) A detailed description, with appropriate drawings of permanent entry seals and downslope barriers designed to ensure stability under anticipated hydraulic heads within the mine workings, or measures to prevent or control gravity discharges of water. (v) Information and evaluations on the potential for and the extent of subsidence, and the effect it may have on structures, the continued use of the surface land and aquifers or recharge areas. Such information shall include a map of all underground workings showing areas of planned and potential subsidence. If the Administrator determines that subsidence may cause material damage to the reasonably foreseeable use of structures, the land surface or groundwater, a subsidence control plan shall be developed and shall include: (A) A description of the mining methods; (B) Extent and effect of any planned and controlled subsidence; (C) Except for areas where planned subsidence is projected to be used, measures to be taken in the mine to prevent or minimize subsidence, including backfilling of voids and leaving areas in which no coal is removed; and (D) Measures to be taken to prevent, lessen, or mitigate material damage or loss of value to property, including reinforcement, relocation, restoration, or replacement of structures and features; monitoring; and purchase of property or insurance. The manner of determining the degree of material damage or loss of value of property shall be described. (vi) A description including detailed maps and cross-sections for the location, design and construction of surface entries and access to underground workings including ventilation shafts. (vii) A detailed reclamation plan which shall demonstrate that reclamation shall be accomplished in accordance with Section 2 of this Chapter. Section 2 ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS APPLICABLE TO UNDERGROUND MINING OPERATIONS. {{ 30 CFR Part 817 }} (a) General performance standards: (i) All surface land affected in conjunction with an underground mining operation will be subject to the appropriate backfilling, grading, and contouring requirements as described in Chapter 4, Section 2(b), depending on the physical land description in the permit area and the nature of the surface disturbance. (ii) All shafts and adits to underground mine workings must be properly sealed at closure. (iii) Portal entries into adits must be backfilled, graded and contoured so as to blend in with the topography of the surrounding terrain. (iv) All substantial surface disturbances due to subsidence into underground workings within five years after completion of mining shall be backfilled, graded, contoured and revegetated so as to blend in with the topography of the surrounding terrain. If conditions prevent such reclamation, the Administrator, after considering the conditions, and after consultation with the Advisory Board, will determine the reclamation requirements. (v) The applicable performance standards contained in the Act and Chapter 4 shall apply to underground mining operations. (b) Performance standards applicable to underground coal mining operations: (i) Underground development waste and excess spoil shall be disposed of in accordance with Chapter 4, Section 2(c). (ii) Surface entries and accesses to underground workings, including adits and slopes, shall be located, designed, constructed, and utilized to prevent or control gravity discharge of water from the mine in excess of State or Federal water quality standards. (iii) Underground mining activities shall be planned and conducted so as to prevent subsidence from causing material damage to structures, the land surface, and groundwater resources. (iv) Underground mining shall not be conducted beneath or adjacent to any park, cemetery, public building, facility (churches, schools, hospitals, etc.), or body of water with a volume of 20 acre-feet or more, unless the Administrator approves otherwise on the basis of detailed subsurface information demonstrating that subsidence will not cause material damage or reduce the reasonably foreseeable use of the feature or facility. (v) Underground mining activities beneath any aquifer that serves as a source of water for public drinking, domestic, industrial or agricultural use should be conducted so as to avoid disruption of the aquifer and consequent exchange of groundwater between the aquifer and other strata. The Administrator may prohibit mining in the vicinity of the aquifer or may limit extraction to protect the aquifer and water supply. (vi) The Administrator shall suspend underground mining under urbanized areas, cities, towns and communities, and adjacent to industrial or commercial buildings, major impoundments or permanent streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities or material damage is threatened to the urbanized areas, cities, towns or communities. (vii) All applicable regulations contained in the Act and Chapter 4, Section 2 shall apply to underground coal mining operations. The approximate original contour requirements of Section 2(b) may be waived in situations where settled surface disturbances have become stabilized and revegetated. (viii) The performance standards contained in the Act and Chapter 5 shall apply to underground mining operations, excluding Section 1 for areas that will be actively used over extended periods and which affect a minimal amount of land. (c) The operator of an underground coal mining operation shall submit a plan of underground workings pursuant to a schedule approved by the Administrator. The plan shall include maps and descriptions of significant features of the underground mine, extraction ratios, measures taken to prevent or minimize subsidence and related damage, areas of full extraction and other information, as required by the Administrator. Section 3 PUBLIC NOTICE. (a) The public notice required pursuant to W.S. Sec. 35-11-406(j) shall include the following additional information for proposed underground coal mining operations: (i) Dates when the underground mining activities could cause subsidence and affect specific structures; and (ii) Any proposed measures which may be taken to prevent or control adverse surface effects. (b) The applicant shall send a notice to owners and occupants of surface property or structures within the area covered under the term of the permit. (c) The information required by (a) may be submitted at a later date if approved by the Administrator. Any late submittal shall occur at least six months prior to mining. Section 4 SURFACE OWNER PROTECTION. {{ SMCRA 516(b); 30 CFR 817.102, 817.121 }} (a) Each operator who conducts underground coal mining activities shall: (i) Correct any material damage resulting from subsidence caused to surface lands by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence; and (ii) Either correct material damage resulting from subsidence caused to any structures or facilities by repairing the damage or compensate the owner of such structures or facilities in the full amount of the reduction in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities.