Section 13-2 - Criteria for Public Notice Requirements (a) Within 90 days after submission of the application for permit revision the Administrator shall notify the operator of whether or not the application is complete and whether notice and opportunity for public hearing is required.
(b) Notice and opportunity for public hearing is required whenever the application for permit revision proposes the following changes, so long as they constitute significant deviations from that which was contemplated in the approved mining and reclamation plan. The following will normally be considered significant deviations, unless otherwise determined by the Administrator: - (i) A change in the approved future land use or uses which affects more than 20 percent of the land within the permit area;
- (ii) A change in the approved method for insuring that all acid-forming or toxic materials, radioactive materials, or materials constituting a fire, health or safety hazard uncovered during or created by the mining process are promptly treated or disposed of during the mining or reclamation process in a manner designed to prevent pollution of surface or subsurface water or threats to human or animal health and safety;
- (iii) The construction or relocation of mills and tailings disposal facilities;
- (iv) A change in the approved method of mining which results in surface disturbance (e.g. underground, surface or in situ mining);
- (v) A change which would adversely affect the quality, quantity, or distribution of water in surface or groundwater systems;
- (vi) For surface coal mining operations, continuing operation after cancellation or material reduction of the liability insurance policy, the performance bond or other equivalent guarantee upon which the original permit was approved; or
- (vii) Any changes which propose significant alterations in the approved mining or reclamation operation, as determined by the Administrator.
020-13 Wyo. Code R. § 13-2