(a) All applications for a permit shall include, at a minimum, the information and materials related to reclamation required in: W.S. §§ 35-11-428 and 429; Chapter 1, Chapter 2, Section 1, and Chapter 3, Section 2 (excepting Subsections (b)(ii) and (iii), (c)(iv), and (h) and with respect to subsection (k)(i), as modified in Section 6(a)(iv) of this Chapter); and - (i) Discussion and illustration of the proposed groundwater restoration schedule, including:
- (A) A list of the proposed wellfields;
- (B) A map(s) which shows the proposed sequence for restoration of the wellfields;
- (C) A proposed time schedule for each wellfield;
- (D) The capacity of the water/waste water treatment systems and correlation of the capacity with the mining and restoration schedules.
- (ii) The information necessary to demonstrate that the operation will achieve the standard of returning all affected groundwater to the pre-mining class of use or better using Best Practicable Technology, in accordance with the following provisions:
- (A) In deciding whether a demonstration has been made by the operator that Best Practicable Technology has been applied, the Administrator shall, at a minimum, take the following factors into consideration:
- (I) The pre-mining background baseline water quality;
- (II) The character and degree of injury or interference with the health and well-being of the people, animals, wildlife, aquatic like and plant life affected:
- (III) The social and economic value of the source of pollution;
- (IV) The social and economic value of the impacted aquifer;
- (V) The priority of location in the area involved;
- (VI) The technical practicability and economic reasonableness of reducing or eliminating the source of pollution;
- (VII) The effect upon the environment; and
- (VIII) The potential impacts to other waters of the state.
- (B) The evaluation of restoration of the groundwater within the production zone shall be based on the target restoration values;
- (C) The evaluation of groundwater restoration success is conducted on a parameter by parameter basis; and
- (D) Regardless of the restored groundwater quality in the production zone, the adjacent aquifers and other waters within the same aquifers must be fully protected to their class of use and, outside the aquifer exemption boundary, to applicable Maximum Contaminant Levels from the U.S. Environmental Protection Agency Rules ( 40 CFR 141 as amended May 22, 2001). If the restored groundwater in the production zone poses a threat to groundwater outside the production zone, then flow and/or fate and transport models shall be used to assist in determining what action, including monitoring sufficient to verify the model, needs to be taken. A monitoring program sufficient to verify the model may be required.
- (E) If the operator demonstrates the application of Best Practicable Technology to the satisfaction of the Administrator, but is unable to achieve the pre-mining class of use, then the operator can:
- (I) Request that the Director recommend the Environmental Quality Council modify the water quality criteria used for ground water restoration, in accordance with W.S. W.S. 35-11-429(a)(iii);
- (II) Provided the operator can demonstrate the requirements of Section 6(a)(ii)(D) will be met.
- (F) A minimum of 1 year of quarterly monitoring data for a full suite of parameters, except those shown to be unaffected by the mining and restoration process, must be provided to demonstrate groundwater stability during the evaluation of restoration.
- (iii) A plan for well repair, plugging, and conversion as required by Section 10 of this Chapter.
- (iv) A proposed time schedule for achieving reclamation, including commitments that reclamation of mining-related surface disturbances in any mining area shall be completed within two years following approval of groundwater restoration in that area and that reclamation of all mining-related surface disturbances shall be completed within two years following approval of final groundwater restoration within the permit area.
- (v) A contour map showing the approximate post-reclamation surface contours for affected lands and the immediate surrounding areas if the operation will substantially alter the pre-mining contours.
- (vi) Procedures for reestablishing any surface drainage that may be disrupted by the mining operation.
- (vii) Procedures for the reclamation of any temporary diversion ditches or impoundments.
- (viii) Procedures for permanently disposing of any toxic or acid-forming materials.
- (ix) Procedures for removing and disposing of structures used in conjunction with the mining operation.
- (x) Procedures for mitigating or controlling the effects of subsidence.
- (xi) Procedures for ground surface preparation, depth of topsoil replacement, erosion control and water conservation practices.
- (xii) Procedures for revegetation to return the affected lands to the proposed post-mining land use and procedures for evaluation of revegetation success in accordance with Chapter 3, Section 2(d).
- (xiii) The estimated costs for reclamation as computed in accordance with established engineering principles, including, but not limited to:
- (A) Cost of removing and disposing of structures;
- (B) Cost of topsoil restoration and reseeding all affected lands;
- (C) Cost of facilities, materials, and chemicals used for groundwater restoration;
- (D) Cost of capping, plugging, and sealing of all wells; and
- (E) Costs for personnel working on reclamation-related activities.
020-11 Wyo. Code R. § 11-6
Amended, Eff. 11/13/2018.