020-15 Wyo. Code R. § 15-1

Current through April 27, 2019

Section 15-1 - Request for Release

(a) The procedures in this Chapter are administrative in nature and the operator shall submit and resolve with the Division any demonstration of meeting the performance standards of the Act, regulations, or approved permit prior to requesting bond release. The Division shall review any such demonstrations by the operator within the time frames required for revisions specified in Chapter 13 of these regulations. Failure to demonstrate the required performance standards prior to filing a request under this Chapter may be grounds for rejecting the request and the reasons for the denial will be provided by the Adminis trator.

(b) The operator may file a request with the Division for the release of all or part of an area bond, an incremental bond, or a deposit. The request shall contain the following information:

(i) The precise location of the land affected by legal subdivision, Section, township, range, county and municipal corporation, if any.

(ii) The number of acres affected.

(iii) The permit number and the date approved.

(iv) The type and amount of bond, and type and portion sought to be released.

(v) A map describing the location and acreage of each type of bond release in the request, the dates of rough backfilling, the dates of topsoil replacement and replacement depths, and the dates of seeding.

(vi) A notarized statement, signed by the applicant's authorized representative, which certifies that all applicable reclamation activities have been accomplished in accordance with the Act, the regulations, and the approved permit. Such certification shall be submitted for each bond release application.

(c) Within 15 days of receipt of the request, the Administrator shall determine if the request is complete, i.e., does it contain all information required by (b) immediately above. If it is not complete, the Administrator will promptly notify the operator of any deficiencies. If it is complete, the Administrator will promptly notify the operator in writing of that fact.

(d) Within 15 days of notification by the Administrator that the request is complete, the operator shall cause notice of the request for bond release to be published in a newspaper of general circulation in the locality of the surface coal mining operation at least once per week for four consecutive weeks commencing within 15 days after filing of the completed request. The publisher's affidavit and copy of the notice shall be promptly submitted to the Administrator. The notice shall contain information regarding:

(i) The name of the operator.

(ii) The information contained in (b)(i) -(iv) above plus a description of the types and dates of reclamation work performed and the results achieved.

(iii) The location and final date for filing objections to and requests for a hearing on the bond or deposit release request.

(e) Also within 15 days of notification by the Administrator that the request is complete, letters stating the operator's intent to seek release from the bond(s) or deposit shall be sent to:

(i) The overlying and adjoining surface owners of record;

(ii) The county or counties in which the operation is located and any incorporated municipality within five miles of the permit area; and

(iii) Sewage and water treatment authorities or water companies in the locality of the operation.

(f) These letters shall contain the information outlined in ( d) above. Copies of the letters shall be promptly submitted to the Administrator.

020-15 Wyo. Code R. § 15-1