WYOMING REGULATORY PROGRAM AGENCY 020 DEPARTMENT OF ENVIRONMENTAL QUALITY SUB-AGENCY 040 LAND QUALITY COAL MINING RULES AND REGULATIONS (2002) CHAPTER 14 EXPLORATION FOR COAL BY DRILLING Section 1 Conduct of Exploration by Drilling. Section 2 Coal Exploration Hole Completion and Surface Restoration Plan. Section 3 General Completion and Restoration Requirements. Section 4 Bond. Section 5 Termination and Report of Operations. Section 6 Exceptions. 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 CONDUCT OF EXPLORATION BY DRILLING. (a) Any discoverer conducting exploration by drilling within this State, shall do so in strict compliance with all the provisions of W.S. Sec. 35-11-404 (1977) and Sections 3, 4, and 5 of this Chapter. (b) Prior to any coal exploration by drilling, the discoverer shall submit a hole completion and surface restoration plan in accordance with Section 2. Section 2 COAL EXPLORATION HOLE COMPLETION AND SURFACE RESTORATION PLAN. (a) For coal exploration by drilling, the hole completion and surface restoration plan shall include: (i) The name, address and telephone number of the discoverer; (ii) The name, address and telephone number of the person who will be present at and/or responsible for the exploration operation; (iii) A legal description of the area which shall include an original or high quality reproduction of a USGS topographic map of the areas that will be disturbed or utilized by the proposed exploration by drilling and surface restoration activities; (iv) The number of proposed exploration holes to be drilled; and (v) A clear and concise description of the measures to be used to comply with the requirements of Section 3 of this Chapter. (b) For the purpose of this Chapter, the discoverer's hole completion and surface restoration plan is a report or information which, if made public, would divulge trade secrets. Upon request by the discoverer, the Director and Administrator shall consider this report or information confidential pursuant to W.S. Sec. 35-11-1101 (1977). This shall be deemed a request to hold the information confidential only for two years unless the discoverer justifies a longer period of time. Section 3 GENERAL COMPLETION AND RESTORATION REQUIREMENTS. (a) All drill holes sunk for the purpose of conducting exploration by drilling shall be capped, sealed or plugged in the manner described hereinafter. (i) To prevent adverse changes in water quality or quantity, drill holes shall be plugged in the manner described in W.S. Sec. 35-11-404(c)(i), and sealed in the manner described in W.S. Sec. 35-11-401(c)(ii) which shall include but not be limited to: (A) Drilling muds used to seal exploration drill holes shall meet the following specifications, when using procedures provided in the latest current edition of American Petroleum Institute Standard Procedures for Testing Drilling Fluids: (I) Ten minute gel strength of at least 20 lbs/100 sq. ft. (II) Filtrate volume not to exceed 13.5 cc. (B) For drill holes in gravel, scoria (clinker) or other materials resulting in lost circulation (drilling fluids cannot be circulated to the surface), the discoverer may use drill cuttings or other earthen materials to adequately backfill the hole. (C) The Administrator and Director may approve other procedures at the request of the discoverer. (ii) Drill holes shall be capped in the manner described in W.S. Sec. 35-11-404(c)(iii) to ensure the safety of people, livestock, wildlife, and machinery in the area. (b) Each drill site as defined in Chapter 1, shall be restored as nearly as possible to its original condition, including: (i) Excess drilling mud and drill cuttings or any acid-forming or toxic materials uncovered during or created by exploration by drilling shall be properly disposed of so as not to constitute a fire, health, or safety hazard during or after the exploration by drilling. (ii) To the extent possible, any surface preparation of the drill site shall be accomplished in a manner consistent with Chapter 4, Section 2(b), Land Quality Rules and Regulations. (iii) To the extent possible, topsoil removal and stockpiling shall precede any excavation within the drill site in a manner consistent with Chapter 4, Section 2(c), Land Quality Rules and Regulations. (iv) To the extent possible, the discoverer shall reestablish the vegetative cover where vegetation has been removed or destroyed within the drill site by seeding, planting, transplanting, or by other adequate methods in a manner consistent with Chapter 4, Section 2(d), Land Quality Rules and Regulations. (c) All lands, including access roads or terrain damaged in gaining access to or clearing the site, or lands whose natural state has been substantially disturbed as a result of the exploration by drilling, shall be restored as nearly as possible to their original condition, including reseeding if grass or other crop was destroyed. Section 4 BOND. (a) In order to assure and secure performance of the discoverer's obligations, each discoverer shall agree to post and keep posted a bond in the amount of $10,000 for each exploration area. This amount may be reduced when the discoverer demonstrates to the satisfaction of the Administrator, a lesser estimate, computed in accordance with established engineering principles, for accomplishing proper hole completion and surface restoration in accordance with the standards set out in this Chapter. (b) All bonds shall be signed by the discoverer as principal, by a good and sufficient corporate surety licensed to do business in the State, and be made payable to the State of Wyoming. (c) In lieu of a bond, the discoverer may deposit federally insured certificates of deposit payable to the Department of Environmental Quality, cash or government securities or all three. (d) The Administrator may accept the bond of the discoverer itself without separate surety when the discoverer demonstrates to the satisfaction of the Administrator substantial compliance with the applicable provisions of Chapter 11, Land Quality Rules and Regulations. Section 5 TERMINATION AND REPORT OF OPERATIONS. (a) Within 12 months after compliance with 3(a) and sufficient compliance with 3(b) and (c) so that full compliance can be predicted by the Administrator, the discoverer shall comply with the reporting requirements of W.S. Sec. 35-11-404(e) or (f). After receipt of such report, the Administrator shall have one year to inspect and evaluate the hole completion and surface restoration work and make a determination of whether to release the bond to the discoverer or institute forfeiture proceedings. (b) Forfeiture proceedings and release of bonds shall be according to the procedure set forth in W.S. Sec.Sec. 35-11-421 through 35-11-423; substituting therein "discoverer" for "operator"; "surface restoration" for "reclamation" and "exploration by drilling" for "surface mining". (c) Failure to so inspect and evaluate shall constitute a decision by the Administrator that the discoverer has complied with this Chapter for release of bond purposes only. This one-year limitation shall not be construed to alter or affect W. S. Sec. 35-11-404(k)-(n), or any other rights of action against the discoverer granted pursuant to the statutory provisions of the Wyoming Environmental Quality Act. Section 6 EXCEPTIONS. This Chapter shall not apply to holes drilled in conjunction with development within an existing permitted mine operation or for the purpose of conducting oil and gas exploration operations. Specific exceptions from certain requirements of this Chapter shall also be preserved in accordance with W.S. Sec. 35-11-404(g) and (h).