WYOMING REGULATORY PROGRAM AGENCY 020 DEPARTMENT OF ENVIRONMENTAL QUALITY SUB-AGENCY 040 LAND QUALITY COAL MINING RULES AND REGULATIONS (2002) CHAPTER 8 SPECIAL BITUMINOUS COAL MINES Section 1 Definitions. Section 2 Permit Application Contents. Section 3 Special Alternative Standards for Existing Special Bituminous Surface Coal Mines. Section 4 Special Alternative Standards for New Special Bituminous Surface Coal Mines. Section 5 General Performance Standards. 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) For the purpose of this Chapter: (i) "EXISTING SPECIAL BITUMINOUS SURFACE COAL MINE" means a surface coal mining operation where: (A) The excavation of the specific mine pit takes place on the same relatively limited site for an extended period of time; (B) The excavation of the specific mine pit follows a coal seam having an inclination of 15 degrees or more from the horizontal, and continues in the same area proceeding downward with lateral expansion of the pit necessary to maintain stability or as necessary to accommodate the orderly expansion of the total mining operation; (C) The excavation of the specific mine pit involves the mining of more than one coal seam and mining has been initiated on the deepest coal seam contemplated to be mined in the current operation; (D) The amount of material removed is large in proportion to the surface area disturbed; (E) There is no practicable alternative method of mining the coal involved; (F) There is no practicable method to reclaim the land in the manner required by this Act; and (G) The specific mine pit has been actually producing coal since January 1, 1972, in such a manner as to meet the criteria set forth in this Section, and, because of past duration of mining, is substantially committed to a mode of operation which warrants exceptions to some performance standards. (ii) "NEW SPECIAL BITUMINOUS SURFACE COAL MINES" means surface coal mining operations which: (A) Meet the criteria in (i) above, except for (C) and (G); and (B) Are developed after August 3, 1977 on lands immediately adjacent to lands upon which are located the existing special bituminous surface coal mines. (iii) "DEVELOPED AFTER AUGUST 3, 1977" means opening or developing any new or previously mined or abandoned site for surface coal mining operations after August 3, 1977. Section 2 PERMIT APPLICATION CONTENTS. (a) A permit application under this Chapter shall include: (i) Support for classification of the proposed operation as a special bituminous surface coal mine; and (ii) All information required by the Act and regulations, except that the mining and reclamation plan shall include descriptions, maps and plans demonstrating compliance with Section 3 in lieu of other conflicting backfilling and grading performance standards. Section 3 SPECIAL ALTERNATIVE STANDARDS FOR EXISTING SPECIAL BITUMINOUS SURFACE COAL MINES. {{ SMCRA 527; 30 CFR Part 825 }} (a) This Section applies to those portions of existing special bituminous coal mines which: (i) Were approved for operation before January 1, 1972, including the orderly expansion of the mine pit to the extent authorized by the Administrator; (ii) Have actually been producing coal since January 1, 1972; (iii) Are committed to a mode of operation that warrants an exception to some of the provisions of the Act because of past duration of mining; and (iv) Involve the mining of more than one seam, and mining was initiated before August 3, 1977, on the deepest coal seam contemplated to be mined in the current operation. (b) Operations subject to this Section shall, at a minimum, comply with the following requirements for backfilling and grading the mine pit area and spoil piles: (i) Highwalls may remain, if demonstrated to be stable, and benches may be constructed on the highwall. (ii) Spoil piles shall be graded and contoured to blend with the adjacent topography, be consistent with the approved postmining land use, and provide for drainage. Terracing and overall slope design of spoil piles shall be approved by the Administrator. The slopes on the spoil pile shall not exceed 17 degrees or if steeper will comply with all applicable reclamation requirements and be consistent with the approved postmining land use. (iii) The exposed pit floors shall be sloped and graded to provide access. (iv) Where permanent water impoundments are proposed as part of the reclamation plan, the water quality and quantity shall be reasonably demonstrated to be adequate for the postmining use. If, upon review of the application, water quality and quantity are not demonstrated to be of sufficient quality or quantity for the postmining use, the applicant shall be so notified in writing and shall submit further documentation in support of the proposed plan to reasonably satisfy the Administrator. If upon review by the Administrator of the further documentation the applicant has not reasonably demonstrated that the water quality and quantity will be sufficient for the postmining land use, the applicant shall provide an alternate plan. Section 4 SPECIAL ALTERNATIVE STANDARDS FOR NEW SPECIAL BITUMINOUS SURFACE COAL MINES. {{ SMCRA 527; 30 CFR Part 825 }} New special bituminous surface coal mines and pits not covered under Section 3(a) above shall comply with the following requirements for backfilling and grading of the mine pit area and spoil piles: (a) Backfilling, grading, and contouring of affected land shall be accomplished by one or more of the following as detailed in the approved reclamation plan: (i) Reestablishment of the contour of the land in a manner consistent with the proposed future use of the land. (ii) Reestablishment of adequate through drainage if such a provision is necessary to prevent pollution or diminution of the quantity and quality of the surface water and groundwater. (iii) Contouring of affected land to blend in with the topography of the surrounding terrain unless so doing would create an erosion problem or a hazard to man or beast. (iv) Creation of water impoundments for a use certified in an approved plan in accordance with the statutes and Chapter 4, Sec. 2(g)(ii). (v) If the reclamation plan does not provide for a permanent water impoundment, the final pit area shall be backfilled, graded, compacted and contoured to the extent necessary to return the land to the use specified in the approved plan. In preparation of slope specifications in the plan, the operator shall consider an average of the measured slopes in the immediate area of the proposed mine site. Slopes in the reclaimed area shall approximate the premining slopes. Slopes greater than the approximate premining slopes may be approved if the operator can demonstrate to the satisfaction of the Administrator that returning the mined area to a slope equal to or less than the approximate premining slopes would create an unwarranted increase in the amount of affected lands. Individual slope measurements, locations of the measurements, and the average measurement shall be submitted with the reclamation plan. In determinations of the approximate premining slope, the Land Quality Division may make an independent slope survey. All backfilling, grading, and contouring will be done in such a manner so as to preserve the original drainage or provide for approved adequate substitutes. No depressions to accumulate water will be permitted unless approved in the reclamation plan as being consistent with the proposed future use of the land. (vi) Terraces or benches may be used only when it can be shown to the Administrator's satisfaction that other methods of contouring will not provide the required result. If terracing is proposed, detailed plans indicating the dimensions and design of the terraces, check dams, any erosion prevention techniques, and slopes of the terraces and their intervals will be required. (vii) If the reclamation plan provides for a permanent water impoundment and this use has been approved according to the requirements outlined in the Act and these regulations, the exposed pit areas must be sloped, graded, and contoured so as to blend in with the topography of the surrounding terrain and provide for access and revegetation. Riprapping where necessary to prevent erosion will be required. Sloping requirements will be as described above. Under certain conditions wherein it can be demonstrated to the Administrator's satisfaction that the pitwall can be stabilized by terracing or other techniques it may be permissible to leave not more than one-half of a proposed shoreline composed of the stabilized pitwall. The remaining portion of the shoreline must be graded and contoured so as to provide access and blend in with the topography of the surrounding terrain. In the event that a partial pitwall is proposed as final reclamation, the operator must submit a detailed explanation of the techniques to be used to establish the stability of the pitwalls in his reclamation plan. At the Administrator's discretion, a study of the proposed pitwall stabilization techniques may be required from an independent engineering company for purposes of verifying the effectiveness of the proposed stabilization techniques. The Land Quality Division will determine the acceptability of the proposed stabilization techniques based on this information and an on-site inspection. (viii) Highwall retention may be considered on a case-by-case basis for enhanced wildlife habitat. The Wyoming Game and Fish Department shall be consulted by the applicant for need and design of the land form. Any approval under this paragraph shall be based on a demonstration of safety, stability, environmental protection, and equal or better land use considerations. Section 5 GENERAL PERFORMANCE STANDARDS. {{ SMCRA 527; 30 CFR Part 825 }} All other performance standards contained in the Act and Chapter 4 shall apply to special bituminous coal mines to the extent that such performance standards do not preclude the benefit intended under the special alternative regulations contained in Sections 3 and 4 of this Chapter.