(a) In addition to that information required by W.S. § 35 - ll-406(a), each application for a surface coal mining permit shall contain: - (i) A complete identification of interests, which shall include:
- (A) All owners of record of the property to be mined including legal and equitable owners, holders of record of any leasehold interest, and any purchaser of record under a real estate contract for the property to be mined;
- (B) The names, addresses and telephone numbers of any operators, if different from the applicant. If the applicant is a business entity other than a single proprietorship, then the names, addresses and telephone numbers of all limited and general partners, officers, members, directors or person performing a function similar to a director and person who owns, of record, ten (10) percent or more of the entity or if a corporation then the names, addresses and telephone numbers of principal shareholder, officers and director or other person performing a function similar to a director, and resident agent(s) of the applicant. This shall also include a list of all the names under which the applicant, the applicant's partners or principal shareholders, and the operator and the operator's partners or principal shareholders operate or previously operated a surface coal mining operation in the United States within the five year period preceding the date of submission of the application;
- (C) Taxpayer identification numbers for the applicant and operator;
- (D) The names, addresses and telephone numbers for each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator. For each business entity identified the applicant shall also provide the names, addresses and telephone numbers for every president, chief executive officer, director or other persons performing in similar roles and every person who owns, of record, ten (10) percent or more of the entity;
- (E) The name, address, telephone number, position title and relationship to the applicant and operator including percentage of ownership and location in the organizational structure and date the person began functioning in that position for every officer, partner, member, director, person performing a function similar to a director and person who owns, of record, ten (10) percent or more of the applicant or operator;
- (F) A list of any pending, current or previous surface coal mining permit applications filed in in the United States held by the applicant, partner or principal shareholder and the operator and operator's partners, principal shareholders who operate or previously operated a surface coal mining operation during the five year period preceding the date of the application. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary. For any surface coal mining operations that the applicant or the operator owned and controlled within the five year period preceding the application submission date and for any surface coal mining operation that the applicant or operator owned and controlled on that date, the applicant shall provide:
- (I) Permittee's and operator's name and address;
- (II) Permittee's and operator's taxpayer identification numbers;
- (III) Federal or State permit number and corresponding MSHA number;
- (IV) Regulatory authority with jurisdiction over the permit; and
- (V) Permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.
- (G) If the applicant has previously applied for a coal mining permit and the information required in subsections (B) - (F) above is already in AVS, then the information may be updated as follows:
- (I) If all or part of the information already in AVS is accurate and complete then the applicant shall certify to the LQD by swearing or affirming under oath and in writing that the relevant information in AVS is accurate, complete and up to date;
- (II) If part of the information in AVS is missing or incorrect then the applicant shall submit to the LQD the necessary information or corrections and swear or affirm under oath and in writing that the information to be submitted is accurate and complete; or
- (III) If the applicant can neither certify that the data in AVS is accurate and complete nor make corrections then the applicant shall include in the permit application the information required in subsections (B) - (F).
- (H) A statement of all lands, interests in lands, options, or pending bids on interests held or made by the applicant for lands which are contiguous to the proposed permit area; and
- (I) Legal ownership - if the operator includes roads or spur lines within the permit area but does not possess the mineral rights or the right-to-mine for these lands, the legal land description shall then be listed in the application as a separate subsection in Appendix "C". The heading of the subsection shall make it clear that the right-to-mine is not claimed on the described lands. Surface owners shall be listed for all lands crossed by spur lines and roads.
- (ii) A complete statement of compliance which shall include:
- (A) A brief statement, including identification and current status of the interest, identification of the regulatory authority, and description of any proceedings and their current status, of whether the applicant, the operator, or any subsidiary, affiliate or entity which the applicant or operator or entities owned or controlled by or under common control with the applicant or operator has:
- (I) Had a Federal or State permit for surface coal mining operations suspended or revoked during the five (5) year period preceding the date of submission of the application; or
- (II) Forfeited a Federal or State performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five (5) year period preceding the date of submission of the application;
- (III) For each suspension, revocation, or forfeiture identified in subsections (I) and (II) above, the applicant shall provide a brief statement of the facts involved including the permit number, date of action and amount of forfeiture if applicable, responsible regulatory authority and stated reasons for action, current status and identifying information regarding any judicial or administrative proceedings related to the action.
- (B) A list of notices of violation required by W. S. § 35 - ll-406(a)(xiv) that describe or identify the violation, a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that the applicant or operator owns or controls on that date, identify the associated permit and MSHA numbers, the name of the person to whom the violation notice was issued, when it occurred, any abatement action taken and if the abatement period has not expired a certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation, the issuing regulatory authority, and any proceedings initiated concerning the violation. This listing shall include only notices issued to the applicant or operator and any subsidiaries, affiliates, or persons owned or controlled by or under common control with the applicant or operator.
- (iii) The right of entry statements and documents required by W.S. § 35 - 1 l-406(a)(ii) and (b)(xi) shall clearly explain and support the legal rights claimed by the applicant and shall also include whether that right is the subject of pending litigation;
- (iv) A statement on whether the proposed area to be mined during the term of the permit is within an area designated unsuitable for surface coal mining operations pursuant to W.S. § 35-11-425, under study for any designation, or within an area where mining is prohibited pursuant to Chapter 12, Section l(a)(v), Land Quality Rules and Regulations. This shall also include the basis on which the applicant claims any available exemption so as to obtain the permit to mine;
- (v) A list identifying the Mine Safety and Health Administration identification number for all mine facilities that require MSHA approval and licenses, permits or approvals needed by the applicant to conduct the proposed operation, whether and when they have been issued, the issuing authority, and the steps to be taken to comply with the requirements. To the extent possible, the Administrator and Director shall advise, consult and cooperate with the identified authorities so as to provide for the coordination of review and issuance of these licenses, permits or approvals with the permit to mine. This list shall contain:
- (A) Copies or identifying numbers of all permits obtained from the State Engineer or from any other division of the Department, including the Solid and Hazardous Waste Management Division, together with the following:
- (I) Water Quality Information. The information from the application for the approved Water Quality permit which affirmatively demonstrates:
- (1.) There is a detailed plan, with appropriate maps and cross-sections, for the construction and operation of any mine facility capable of causing or contributing to pollution of surface and groundwater. The plan shall be in accordance with Chapters III and XI, and as applicable Chapter X, of the Water Quality Division Rules and Regulations. As applicable, any plans shall include a copy of the NPDES permit granted by the Water Quality Division and quantitative limits on pollutants in discharges of water from all point sources.
- (2.) There is a plan for the collection, recording, and reporting of groundwater quality and surface water quality according to Chapter II, Section 12, Water Quality Rules and Regulations. This plan shall, at a minimum, be adequate to measure accurately and record water quantity and quality of the discharges from the permit area in order to plan for modification of surface mining activities, if necessary, to minimize adverse effects on the water of the State.
- (II) Solid Waste Information. The information from the application for the approved permit(s) for any Solid Waste Management Facility(ies) located within the proposed permit area. Note that a Solid Waste Management Facility, as defined by W.S. § 35 - 1 l-103(d)(ii), is a facility that receives solid waste which is generated outside the proposed permit area by any activity other than a mine mouth power plant or mine mouth coal drier. Solid Waste Management Facilities are subject to the permitting, bonding and performance standards of Article 5 of the Environmental Quality Act in addition to the performance standards in Chapter 4, Section 2(c) (xiii)(C) of these rules.
- (Ill) State Engineer Information. The information from the application for the approved permit to construct a reservoir to store or impound water which affirmatively demonstrates that the reservoirs will be constructed and maintained in accordance with the requirements set out in Chapter V, Section 8, State Engineer Rules and Regulations. In addition, if the application includes a proposed transfer of a well for use as a water well, the application shall contain information from the approved application for a permit to appropriate groundwater which affirmatively demonstrates a plan for construction, completion and removal of wells in accordance with requirements which are at least as stringent as those governing wells drilled in conjunction with surface coal mining or exploration operations.
- (B) For any permits or approvals which have not been obtained, the information required by (A) above which has been or will be submitted to the agencies involved, including a description of the steps to be taken to comply with the relevant requirements.