WYOMING REGULATORY PROGRAM AGENCY 020 DEPARTMENT OF ENVIRONMENTAL QUALITY SUB-AGENCY 040 LAND QUALITY COAL MINING RULES AND REGULATIONS (2002) CHAPTER 1 AUTHORITIES AND DEFINITIONS FOR SURFACE COAL MINING OPERATIONS Section 1 Authority. Section 2 Definitions. Section 3 Applicability. 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 AUTHORITY. {{ 30 CFR 700.1, 700.2, 700.3, 700.4 }} These rules and regulations are adopted by the Environmental Quality Council and the Administrator of the Land Quality Division pursuant to the authority granted the Council and the Administrator by the Wyoming Environmental Quality Act, Sections 35-11-101 through 35-11-1104, Wyoming Statutes, 1977, as amended. These rules and regulations are effective upon filing with the Secretary of State. They become an official part of Wyoming's coal regulatory program when approved by the U.S. Secretary of the Interior or his designee. Section 2 DEFINITIONS. {{ SMCRA 507, 509(c), 511, 515, 516, 701; 30 CFR 700.5, 701.5, 761.5, 761.12, 774.13, 774.15, 780.16, 784.21, 800.5, 800.11, 800.15, 816.22, 816.41, 816.97, 816.116, 817.97 }} The definitions included in the Wyoming Environmental Quality Act, are hereby adopted by this reference. All references to the "Act" herein refer to the Wyoming Environmental Quality Act, as amended. (a) "ACID DRAINAGE" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active or inactive mine or from an area affected by mining and reclamation operations. (b) "ACID-FORMING MATERIALS" means earth materials that contain sulfide minerals or other minerals which exist in a natural state or if exposed to air, water or weathering processes, will cause acid conditions that may hinder plant establishment or create acid drainage. (c) "ADJACENT AREAS" means land located outside the permit area upon which air, surface water, groundwater, fish, wildlife, or other resources protected by the Act may reasonably be expected to be adversely impacted by mining or reclamation operations. Unless otherwise specified by the Administrator, this area shall be presumptively limited to lands within one-half mile of the proposed permit area. (d) "ADMINISTRATOR" means the Administrator of the Division of Land Quality. (e) "AMENDMENT" means the addition of new lands to a previously approved permit area, as allowed by W. S. Sec. 35-11-406(a)(xii). (f) "ANIMAL-UNIT" means one mature beef cow of approximately 1,000 pounds and a calf (up to 6 months old). (g) "APPLICANT" means any "person" seeking a permit, permit revision, renewal, transfer, or other approval from the Administrator to conduct mining and reclamation operations, or "person" seeking a license to explore, but does not include subsidiaries or parents of the "person," as "person" is defined in W.S. Sec. 35-11-103(a)(vi). (h) "APPROXIMATE ORIGINAL CONTOUR" means that surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed land surface closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain. (i) "AQUIFER" is a zone, stratum or group of strata that stores and transmits water in sufficient quantities for a specific use. (j) "BEST TECHNOLOGY CURRENTLY AVAILABLE" means equipment, devices, systems, methods, or techniques which, as determined by the Administrator, are currently available and practicable, and will: (i) Prevent, to the extent possible, additional contributions of suspended solids to streamflow or runoff outside the affected land or permit area. But in no case shall contributions exceed requirements set by applicable State or Federal laws, and (ii) Minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. (k) "BOND" means a surety or self-bond instrument by which the permit applicant assures faithful performance of all requirements of the Act, all rules and regulations promulgated thereunder, and the provisions of the permit and license to mine. This term shall also include any federal insured certificates of deposit, cash, government securities, or irrevocable letters of credit which the operator has deposited with the Department of Environmental Quality in lieu of a Surety Bond or Self-Bond Instrument. (l) "COAL EXPLORATION" means either: (i) The field gathering of surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical or other techniques necessary to determine the quality and quantity of overburden and coal of an area. If this activity results in the extraction of coal, the coal shall not be offered for commercial sale (except for test burns); or (ii) The gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations. (m) "COAL MINE WASTE" means coal-processing waste and underground development waste. (n) "COAL PREPARATION PLANT" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities, including, but not limited to the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal-processing and other waste disposal areas. (o) "COAL-PROCESSING WASTE" means earthen materials which are wasted or otherwise separated from product coal during cleaning, concentrating or other processing or preparation of coal. (p) "COMBUSTIBLE MATERIAL" means organic material that is capable of burning. (q) "COMPACTION" means the reduction of pore spaces among particles of soil or rock, generally done by controlled placement and running heavy equipment over the earthen material. (r) "COMPARISON AREA" means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, or a premining plant community from which no or insufficient vegetation data were collected prior to disturbance. (s) "COMPLETE APPLICATION" means, for purposes of W.S. Sec. 35-11-406(n)(i) and (m) and to indicate the Administrator's assessment of completeness and suitability for publication under W.S. Sec. 35-11-406(h) and (j), an application for a permit which contains all information required by the Act and the Land Quality Division regulations that is necessary to make a decision on permit issuance. (t) "CONTROL AREA" means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a plant community to be affected by mining activities as verified by a comparison of its quantitative and qualitative characteristics to similar information from the plant community it typifies and where a mathematical climatic adjustment is made. (u) "COVER" means vegetation, litter, and rock over the soil which intercept rainfall. (v) "CRITICAL HABITAT" means those areas essential to the survival and recovery of species listed by the Secretary of the Interior as threatened or endangered under the authority of 50 CFR, Part 17. (w) "CRUCIAL HABITAT" means those areas, designated as such by the Wyoming Game and Fish Department, which determine a populations's ability to maintain and reproduce itself at a certain level over the long term. (x) "Designated authorized representative" means, for the purposes of issuing a cessation order, either the Administrator, the district engineer, or other qualified inspector designated by the Director. (y) "DEVELOPMENTAL DRILLING" means drilling down to and including the lowest coal seam to be mined which occurs in or within 500 feet of an active mine pit. (z) "DISCOVERER" means any person conducting or intending to conduct any exploration by drilling. This includes locator, owner or agent thereof who will drill or has drilled the hole. (aa) "DIVERSION" means a channel, embankment, device, or other man-made structure constructed for the purpose of diverting water from one area to another. (i) "PERMANENT DIVERSION" means a diversion remaining after bond release. (ii) "TEMPORARY DIVERSION" means a diversion utilized during mining or reclamation operations, which must be removed and reclaimed prior to bond release. (ab) "DRILL SITE" means all areas of land that are or will be disturbed or utilized by exploration drilling. This area includes drill holes or other drilled excavations, drilling pads, and areas disturbed by mud pits, and any land over which drilling mud mixtures overflow or may disturb. (ac) "ELIGIBLE LAND" means all land to be affected by a mining operation after August 6, 1996. Cropland, pastureland or treated grazingland approved by the Administrator which is to be affected by a mining operation after August 6, 1996 is not "eligible land". (ad) "EMBANKMENT" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or other similar purposes. (ae) "EPHEMERAL STREAM" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to snow melt, and which has a channel bottom that is always above the prevailing water table. (af) "ESSENTIAL HYDROLOGIC FUNCTIONS" means with respect to alluvial valley floors, those conditions of surface and groundwater hydrology that make water of a suitable quality and quantity usefully available for subirrigation or flood irrigation agricultural activities. These conditions may include, but are not limited to, the erosional state of the stream, the surface water balance, the groundwater balance, the physical and chemical properties of the soils, water and substrata, and topographic configuration. (ag) "EXCESS SPOIL" means spoil material disposed in a location other than the mined-out area, except that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain. (ah) "EXISTING STRUCTURE" means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a State program pursuant to Section 503 of P.L. 95-87. (ai) "EXPLORATION AREA" means, for bonding purposes, one or more drill sites, comprising an integrated project conducted by a discoverer within one of the three districts presently established by the Land Quality Division of the Department of Environmental Quality. (aj) "EXPLORATION BY DRILLING" means any exploration drilling for the purpose of gathering subsurface geologic, physical or chemical data to determine the location, quantity or quality of the natural mineral deposit of an area, excluding holes drilled for use as water wells. (ak) "FARM" means, with respect to alluvial valley floors, one or more land units on which agricultural activities are conducted. A farm is generally considered to be the combination of land units with acreage and boundaries in existence prior to August 3, 1977, or, if established after August 3, 1977, with those boundaries based on enhancement of the farm's agricultural productivity and not related to surface coal mining operations. (al) "FLOOD IRRIGATION" means, with respect to alluvial valley floors, supplying water to plants by natural overflow or the diversion of flows, so that the irrigated surface is largely covered by a sheet of water. (am) "GEL STRENGTH" means the minimum shear stress which results in permanent deformation of a gel. (an) "GENERAL AREA" means, with respect to hydrology, the topographic and groundwater basin surrounding a permit area which is of sufficient size, including areal extent and depth, to allow assessment of the impacts resulting from the mining operation on the quality and quantity of surface water and groundwater systems in the basins, including consideration of the interaction of the impacts with adjacent mines. (ao) "GOOD HUSBANDRY PRACTICES" means sound land management techniques which are commonly practiced in the area of the mine considering the postmining land use and, if discontinued after the bond period ends, shall not reduce the probability of permanent vegetation success. (ap) "GROUNDWATER" is subsurface water that fills available openings in rock or soil materials such that they may be considered water-saturated. (aq) "HAZARDOUS MATERIALS" means any material or substance which results from or is encountered in a mining operation which could reasonably be expected to cause physical harm if not controlled in an approved manner. (ar) "HIGHEST PREVIOUS USE" means a sustainable use of the land which has the greatest economic and social values to the people of the area prior to the commencement of the mining operation. (as) "HIGHWALL" means the face of exposed overburden or coal in an open cut of a surface mine or entry to an underground mine. (at) "HISTORY OF INTENSIVE AGRICULTURAL USE" means those lands which, if nonirrigated, have had a cultivated crop, small grains or hay crops harvested for five out of any ten year period, or if irrigated has water of sufficient quantity to sustain production of cultivated crops, small grain, or hay crops for eight out of ten years and have had a cultivated crop, small grain, or hay crop harvested for any one year. (au) "HYDROLOGIC BALANCE" means the relationship between the quality and quantity of inflow to, outflow from, and storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the quantity and quality relationships between precipitation, runoff, evaporation, and the change in ground and surface water storage. (av) "HYDROLOGIC REGIME" means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form and falls as precipitation, moves thence along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration. (aw) "IMMINENT DANGER TO THE PUBLIC" means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement. (ax) "IMPORTANT HABITAT" means that habitat which, in limited availability, supports or encourages a maximum diversity of wildlife species or fulfills one or more living requirements of a wildlife species. Examples of important habitat include, but are not limited to, wetlands, riparian areas, rimrocks, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas. (ay) "IMPOUNDMENT" means a closed basin formed naturally or artificially built which is dammed or excavated for the retention of water, slurry or other liquid or semi-liquid material. A permanent impoundment is a structure that will remain after final bond release. (az) "INTERMITTENT STREAM" means a stream or part of a stream that is below the local water table for some part of the year, but is not a perennial stream. (ba) "IRREPARABLE HARM TO THE ENVIRONMENT" means, for the purpose of W.S. Sec. 35-11-406(o), any damage to the environment in violation of the Act or regulations, that cannot be corrected by actions of the applicant. (bb) "JOINT AGENCY APPROVAL" means, for surface coal mining operations, the approval of mining or reclamation plans that would adversely affect any publicly owned park or any place included in the National Register of Historic Places by the federal, state, or local agency with jurisdiction over the park or place. (bc) "LAND USE" means for surface coal mining operations, specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Administrator. Land used for mine facilities in support of the operations which are adjacent to or an integral part of these operations are also included. Support facilities include, but are not limited to, parking, storage or shipping facilities. (i) CROPLAND means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small-grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. (ii) PASTURELAND is land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. (iii) GRAZINGLAND includes rangelands and forest lands where the indigenous native vegetation is actively managed for grazing, browsing, and occasional hay production, and occasional use by wildlife. (iv) Forestry means land used or managed for the long-term production of wood, wood fiber, or wood-derived products. (v) RESIDENTIAL includes single and multiple-family housing, mobile-home parks, and other residential lodgings. (vi) INDUSTRIAL COMMERCIAL is land used for - (A) Extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities and such short-term uses as petroleum refining and oil and gas production. (B) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. (vii) RECREATIONAL is land used for public or private leisure activities, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses. (viii) FISH AND WILDLIFE HABITAT means land dedicated wholly or partially to the production, protection or management of species of fish or wildlife. (ix) DEVELOPED WATER RESOURCES includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply. (x) UNDEVELOPED LAND OF NO CURRENT USE OR LAND MANAGEMENT is land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession. (xi) TREATED GRAZINGLAND means grazingland which has been altered to reduce or eliminate shrubs provided such treatment was applied at least five years prior to submission of the state program permit application. However, grazingland altered more than five years prior to submission of the state program permit application on which full shrubs have reestablished to a density of at least one per nine square meters does not qualify as treated grazingland. (bd) "MATERIAL DAMAGE TO THE HYDROLOGIC BALANCE" means a significant long-term or permanent adverse change to the hydrologic regime. (be) "MATERIALLY DAMAGE THE QUANTITY OR QUALITY OF WATER" means, with respect to alluvial valley floors, changes in the quality or quantity of the water supply to any portion of an alluvial valley floor where such changes are caused by surface coal mining and reclamation operations and result in changes that significantly decrease the capability of the alluvial valley floor to support subirrigation or flood irrigation agricultural activities. (bf) "MINE FACILITIES" means those structures and areas incidental to the operation of the mine, including mine offices, processing facilities, mineral stockpiles, storage facilities, shipping, loadout and repair facilities, and utility corridors. (bg) "MONITOR WELL" means a well constructed or utilized to measure static water levels or to obtain liquid, solid, or gaseous analytical samples or other physical data that would be used for controlling the operations or to indicate potential circumstances that could affect the environment. (bh) "MONITORING" means the collection of environmental and hydrological data by either continuous or periodic sampling methods. (bi) "MULCH" means plant residue or other suitable materials placed upon the soil surface to aid in soil stabilization and soil moisture conservation. (bj) "OUTSLOPE" means the face of the spoil or embankment sloping downward from the highest elevation to the toe. (bk) "PERENNIAL STREAM" means a stream or part of a stream that flows continuously during all of the calendar year as a result of groundwater discharge or surface runoff. (bl) "PERMIT AREA" means the area of land and water within the boundaries of the approved permit or permits during the entire life of the operation and includes all affected lands and water. (bm) "PERMIT TRANSFER" means a change in ownership or control over the right to conduct mining operations under a permit or license to mine. (bn) "POTENTIOMETRIC SURFACE" means the surface that coincides with the static level of water in an aquifer. The surface is represented by the levels to which water from a given aquifer will rise under its full head. (bo) "PRECIPITATION EVENT" means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval and duration. (bp) "PRINCIPAL SHAREHOLDER" means any person who is the owner of record of ten percent or more of any class of voting stock. (bq) "PROBABLE HYDROLOGIC CONSEQUENCES" means the projected impacts or changes to the hydrologic regime caused by the proposed surface coal mining and reclamation operation including the effects of adjacent mining operations. (br) "PROPERTY TO BE MINED" means, for surface coal mining operations, both the surface estates and mineral estates within the area covered under the term of the permit and the area covered by underground workings. (bs) "PUBLIC BUILDING" means any structure that is owned or leased, and principally used by a governmental agency for business or meetings. (bt) "PUBLIC PARKS" means an area designated by a federal, state or local agency for public recreational use. (bu) "PUBLIC ROAD" means any thoroughfare open to the public which has been and is being used by the public for passage of vehicles, and is maintained by public funds. (bv) "RECHARGE CAPACITY" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation. (bw) "RECLAIMED LAND SURFACE" means affected land which has been backfilled, graded, contoured, and revegetated in accordance with an approved reclamation plan. (bx) "REFERENCE AREA" means a land unit which is representative, in terms of physiography, soils, vegetation and land use history, of a plant community to be affected by mining activities as verified by a statistical comparison of absolute values of percent cover and total herbaceous productivity between affected area and reference area data and no mathematical climatic adjustment is made. (by) "REVISED MINING OR RECLAMATION OPERATIONS" means mining and/or reclamation operations conducted during the term of a permit which differ from those operations described in the original mine permit application and approved under the original permit. (bz) "ROAD(S)" means a surface right-of-way for purposes of travel by land vehicles including the roadbed, shoulders, parking areas, structures, and drainage features. Roads shall be classified to include: (i) HAUL ROADS: all roads utilized for the transport of the extracted mineral, overburden, or other earthen materials. (ii) ACCESS ROADS: all roads, exclusive of haul and light-use roads, utilized for the transportation of personnel, equipment, and small payloads of material within the permit area. (iii) LIGHT-USE ROADS: those roads established and utilized for exploration, for occasional inspection of monitoring equipment, weather station, test plots, or for other purposes necessary to comply with the requirements of these regulations. Light-use roads shall be limited to: (A) Roads or portions thereof which exist for less than six months and where the road is constructed by grading, cutting, filling or other methods whereby the natural land surface is disturbed; or (B) Nonconstructed roads where the natural land surface is not physically altered by construction or grading; however a two-tracked road occurs due to vehicle travel over the same course. Nonconstructed roads may include pioneer construction roads or roads used for transport of spoil and topsoil to stockpile sites which exist for not greater than two weeks and are then stabilized or replaced in accordance with these requirements. (iv) EXEMPTED ROADS: roads within the pit and those roads maintained by the county, State or Federal government, or those roads which are existing private roads except: (A) When the existing road requires extensive regrading and resurfacing in order to render the road usable; or (B) Upgrading of the road requires cuts, fills, and borrow areas. (ca) "ROUGH BACKFILLING" means replacement of sufficient material in the pit or pits including special disposal practices for toxic and acid-forming materials, special handling and placement of materials for stream reconstruction or alluvial valley floors, and compaction as required so as to render the affected area in a condition whereby the reclaimed land surface generally resembles the approved postmining contours. (cb) "SAFETY FACTOR" means the ratio of the available shear strength to the developed shear stress on a potential surface of sliding determined by accepted engineering practice. (cc) "SEDIMENTATION POND" means a sediment control structure designed, constructed, and maintained to slow down or impound precipitation runoff to reduce sediment concentrations in a point source discharge, including dams or excavated depressions. The term does not include straw dikes, riprap, check dams, mulches, collection ditches, toe ditches, vegetative buffers, gabions, contour furrows and other traditional soil conservation techniques and non-point source runoff controls. (cd) "SIGNIFICANT, IMMINENT ENVIRONMENTAL HARM TO LAND, AIR OR WATER RESOURCES" means: (i) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plant and animal life. (ii) An environmental harm is imminent, if a condition, practice, or violation exists which: (A) Is causing such harm; or (B) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time. (iii) An environmental harm is significant if the harm is appreciable, not contemplated in the approved permit application, and not immediately repairable. (ce) "SOFT ROCK SURFACE MINING" means surface mining of materials deposited within or as sedimentary rock formations which include: coal, uranium, sand and gravel, jade, bentonite, hot springs deposit, placer mining, clay, gypsum, oil shale, and scoria. (cf) "SOIL HORIZONS" means contrasting layers of soil material approximately parallel to the land surface and differing from adjacent layers in physical, chemical and biological properties or characteristics. A HORIZON: The uppermost mineral or organic layer, often referred to as the surface soil. It is the part of the soil in which organic matter is most abundant and leaching of soluble or suspended particles is typically the greatest. E HORIZON: The layer commonly near the surface below the A Horizon and above the B Horizon. An E Horizon is the most commonly differentiated from an overlying A Horizon by lighter color and generally, has measurably less organic matter, and from the underlying B Horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties. B HORIZON: The layer that typically is immediately beneath the E Horizon and often called the subsoil. This middle layer commonly contains more clay, iron, and aluminum than the A, E or C Horizons. C horizon: The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biological activity, and is often called the subsoil. (cg) "SOIL SURVEY" means a field and other investigation which results in a map showing the geographic distribution of different kinds of soils based on taxonomic characteristics and includes a report that describes, classifies and interprets such soils for use in reclamation. (ch) "SPECIES COMPOSITION" means number, kinds, amount, and quality of species. (ci) "SPECIES DIVERSITY" means number of species per unit area. (cj) "SPOIL" means overburden removed during the mining operation to expose the mineral and does not include the marketable mineral, subsoil or topsoil. (ck) "STABILIZE" means to control movement of spoil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, adding control structures, or by otherwise modifying physical or chemical properties. (cl) "STAGNANT WATER" means naturally or artificially impounded water which, because of its poor quality or shallow depth, is unusable for livestock or wildlife watering, wildlife habitat, or recreational uses. (cm) "STEEP SLOPE" means any slope of more than 20 degrees or such lesser slope as may be designated by the Administrator after consideration of soil, climate, and other characteristics of the area. (cn) "SUBIRRIGATION" means, with respect to alluvial valley floors, the supplying of water to plants from underneath or from a semi-saturated or saturated subsurface zone where water is available for use by vegetation. (co) "SUBIRRIGATION OR FLOOD IRRIGATION AGRICULTURAL ACTIVITIES" means the past and present use of any tract of land for the successful production of animal or vegetable life, based on regional agricultural practices, where the use is enhanced or facilitated by subirrigation or flood irrigation. These uses include, but are not limited to, the pasturing, grazing, and the cropping, cultivation, or harvesting of agriculturally useful plants whose production is enhanced or facilitated by the availability of water from subirrigation or flood irrigation. These uses do not include agricultural practices which do not benefit from the availability of water from subirrigation or flood irrigation. (cp) "SUBSIDENCE" means the measurable lowering of a portion of the earth's surface or substrata. (cq) "SUBSOIL" means the B and C Horizons excluding consolidated bedrock material. (cr) "SUBSTANTIALLY AFFECT" means to conduct activity which, in the determination of the Administrator will significantly impact land, air or water resources so as to disturb the natural land surface. (cs) "SUBSTANTIALLY DISTURB" means, for purposes of coal exploration, to significantly impact land or water resources by blasting; by destruction of the vegetative cover or removal of topsoil, subsoil or overburden; by drilling coal exploratory holes; by digging pits; by construction of roads or other access routes; by placement of excavated earthen or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal. (ct) "SURFACE COAL MINING AND RECLAMATION OPERATIONS" means surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. (cu) "SURFACE WATER" means water, either flowing or standing, on the surface of the earth. (cv) "SUSPENDED SOLIDS" means organic or inorganic material carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by Environmental Protection Agency's regulations for waste water analyses (40 CFR 136). (cw) "TOPSOIL" means the A and E Horizons or any combination thereof. (cx) "TOXIC MATERIALS" means earthen materials or refuse which, if acted upon by air, water, weather, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or would restrict the common uses of water. (cy) "TOXIC MINE DRAINAGE" means water that is discharged from active or abandoned mines and other areas affected by coal mining operations and which contains a substance which through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it. (cz) "TRADE SECRET" means, for purposes of surface coal mining or exploration operations: (i) Information pertaining to the analyses of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental content which is potentially toxic in the environment) may be kept confidential in accordance with W.S. Sec. 35-11-1101(a); (ii) Information pertaining to the coal seam itself, except as to any person who demonstrates to the satisfaction of the Director an interest which is or may be adversely affected by the decision to hold such information confidential; and (iii) Information relating to coal exploration operations which concerns privileged commercial or financial information relating to the competitive rights of the person intending to conduct the coal exploration operations. (da) "UNCONSOLIDATED STREAMLAID DEPOSITS" means earthen material transported and deposited within a body of water flowing downslope along a definite path. Flood plains and terraces located in the lower portions of topographic valleys are generally composed of unconsolidated streamlaid deposits. (db) "UNDERGROUND DEVELOPMENT WASTE" means earthen materials excavated, moved, and disposed of from underground workings in connection with mining activities. (dc) "UNDERGROUND MINING ACTIVITIES" means a combination of: (i) Underground operations necessary for the extraction of solid minerals by man-made excavations underneath the surface of the earth; and (ii) For the extraction of coal, surface operations incident to the underground operation such as construction, use, maintenance, and reclamation of roads, surface repair shops, storage areas, etc., and areas on which materials incident to underground operations are placed. (dd) "UNDEVELOPED RANGELAND" means unimproved land, the use of which is generally limited to grazing of livestock. Undeveloped rangeland does not include areas within the alluvial valley floor where cultivated crops, small grains, and hay crops have been successfully grown, the land has been improved by the introduction of certain vegetation for enhanced agricultural utility, or native vegetation on the alluvial valley floor contributes substantially to the carrying capacity of a specifically controlled or managed grazing unit. (de) "UPLAND AREAS" means those geomorphic features located outside the area of unconsolidated streamlaid deposits and may include isolated higher terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces covered with residuum, mud flows or debris flows, as well as highland areas underlain by bedrock and covered by residual weathered material or debris deposited by sheetwash, rillwash, or windblown material. (df) "VALID EXISTING RIGHTS" means: (i) Except for haul roads, that a person possesses valid existing rights on August 3, 1977, if the application of any of the prohibitions contained in Chapter 12, Section 1(a)(v) to the property interest that existed on that date would effect a taking of the person's property which would entitle the person to just compensation under the fifth and fourteenth amendments to the United States Constitution; (ii) For haul roads, valid existing rights means: (A) A recorded right-of-way, recorded easement or a permit for a coal haul road recorded as of August 3, 1977, or (B) Any other road in existence as of August 3, 1977. (iii) A person possesses valid existing rights if the person proposing to conduct surface coal mining operations can demonstrate that the coal is both needed for, and immediately adjacent to, an ongoing surface coal mining operation which existed on August 3, 1977. A determination that coal is "needed for" will be based on a finding that the extension of mining is essential to make the surface coal mining operation as a whole economically viable; (iv) Where an area comes under the protection of Chapter 12, Section 1(a)(v) after August 3, 1977, valid existing rights shall be found if: (A) On the date the protection comes into existence, a validly authorized surface coal mining operation exists on that area; or (B) The prohibition, if applied to the property interest that exists on the date the protection comes into existence would effect a taking of the person's property which would entitle the person to just compensation under the fifth and fourteenth amendments to the United States Constitution. (v) Interpretation of the terms of the document relied upon to establish valid existing rights shall be based either upon applicable Wyoming case law concerning interpretation of documents conveying mineral rights or, where no applicable case law exists, upon the usage and custom at the time and place where it came into existence. (dg) "VEGETATION TYPE" means a recognizable group of species growing together due to similar requirements and tolerances. (dh) "WATER TABLE" means the upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone. Section 3 APPLICABILITY. {{ SMCRA 528; 30 CFR 700.11, 707.11 }} (a) All mining operations or operations by which solid minerals are intended to be extracted from the earth, which are commenced or conducted after the effective date of these rules and regulations, shall comply with the requirements hereof, except as specific exemptions are allowed by the Act. (b) The discretionary exemptions shall be limited as follows: (i) W.S. Sec. 35-11-401(g), (h) and (j) shall not apply to surface coal mining operations. (ii) In order to qualify for the exemption provided for in W.S. Sec. 35-11-401(e)(ii), approval must be obtained from the Administrator for the extraction of any coal after a finding that: (A) The extraction is necessary to enable the construction to be accomplished and occurs within the right-of-way or boundary of the area directly affected by the construction; (B) The construction is funded 50 percent or more by funds appropriated or obtained from a government financing agency's budget or general revenue bonds; and (C) The person agrees to possess on-site documents which show a description of the project, its exact location, and information showing the source, kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing. (c) If any provision of these regulations or the applicability thereof to any person or circumstances related to surface coal mining operations is held invalid, the provision or its applicability to other mining operations or circumstances shall not be affected thereby.