Mining permits.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0172.E1

HOUSE BILL
NO.
HB0112

Mining permits.

Sponsored by:
Joint Minerals, Business and Economic Development Interim Committee

A BILL

for

AN ACT relating to
environmental quality;
providing for notification of permit revisions;
establishing time limits on mine permit
application or revision
reviews; limiting requests for additional information on mine permits
applications or revisions
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S.
35
‑
11
‑
402(a)(x) and 35
‑
11
‑
406(e)
through
(j
)
and
by creating new subsections (q) and (r)

are
amended to read:

35
‑
11
‑
402.

Establishment of standards.

(a)

The council shall, upon recommendation by the advisory board through the administrator and the director, establish rules and regulations pursuant to the following reclamation standards for the affected areas, including but not limited to:

(x)

Rules and regulations for the criteria for review and information and public notice requirements for permit revisions.
The administrator shall notify the operator within ninety (90) days of receipt of the application if the application is complete and if public notice is required.
A permit may be revised without public notice or hearing for revisions, including incidental boundary revisions to the area covered by the permit, if these do not propose significant alterations in the reclamation plan. Subject to applicable standards, any permit, except for surface coal mining permits, may be revised, in the permitted area, by identifying proposed alterations to the mining or reclamation plan in the annual report or addendum thereto, or by obtaining prior approval from the director, at the operator's discretion;

35
‑
11
‑
406.

Application for permit; generally; denial; limitations.

(e)

The administrator shall notify the applicant within sixty (60) days of submission of
the

application

whether or not it is complete. If the administrator deems the application incomplete, he shall so advise and state in writing to the applicant the information required. All items not specified as incomplete at the end of the first sixty (60) day period shall be deemed complete for the purposes of this subsection.

If the administrator fails to

respond to the applicant within sixty (60) days,

the application
shall
be deemed complete.

(f)

If the applicant resubmits an application

or further information, the administrator shall review the application or additional information within sixty (60) days of each submission and advise the applicant in writing if the application or additional information is complete.

If the administrator fails to respond to the applicant within sixty (60) days, the application

or
the additional information
shall be deemed complete.

(g)

After the application is determined

or deemed
complete, the applicant shall publish a notice of the filing of the application once each week for two (2) consecutive weeks in a newspaper of general circulation in the locality of the proposed mining site.

The administrator shall provide
the
applicant with the information
necessary
to prepare and submit the notice for publication.

(h)

The administrator shall review the application and unless the applicant requests a delay advise the applicant in writing within one hundred fifty (150) days from the date of determining

or deeming
the application is complete, that it is suitable for publication under subsection (j) of this section, that the application is deficient or that the application is denied. All reasons for deficiency or denial shall be stated in writing to the applicant. All items not specified as being deficient at the end of the first one hundred fifty (150) day period shall be deemed complete for the purposes of this subsection.
If the administrator fails to respond to the applicant within one hundred fifty (150) days, the application shall be deemed suitable for publication under subsection (j) of this section.

After this
one hundred fifty (150) day

period, for noncoal permits, the administrator shall not raise any item not previously specified as being deficient unless the applicant in subsequent revisions significantly modifies the application. If the applicant submits additional information in response to any deficiency notice, the administrator shall review such additional information within thirty (30) days of submission and advise the applicant in writing if the application is suitable for publication under subsection (j) of this section, that the application is still deficient or that the application is denied.

If the administrator fails to respond to the applicant within thirty (30) days of
the
submission of additional information by
the
applicant, the application shall be deemed suitable for publication under subsection (j) of this section. If the application is deemed deficient, the administrator shall be allowed not more than two
(2)
additional
separate requests for

clarification or
questions
unless the applicant and the administrator agree together that there are major unresolved issues that need to be addressed in a
specified
time
.

(j)

The applicant shall cause notice of the application to be published in a newspaper of general circulation in the locality of the proposed mining site once a week for four (4) consecutive weeks commencing within fifteen (15) days after being notified by the administrator

or upon
receiving
the
determination that the application
is
deemed suitable for publication
. The notice shall contain information regarding the identity of the applicant, the location of the proposed operation, the proposed dates of commencement and completion of the operation, the proposed future use of the affected land, the location at which information about the application may be obtained, and the location and final date for filing objections to the application. For initial applications or additions of new lands the applicant shall also mail a copy of the notice within five (5) days after first publication to all surface owners of record of the land within the permit area, to surface owners of record of immediately adjacent lands, and to any surface owners within one
‑
half (1/2) mile of the proposed mining site. The applicant shall mail a copy of the application mining plan map within five (5) days after first publication to the
Wyoming
oil and gas commission. Proof of notice and sworn statement of mailing shall be attached to and become part of the application.

(q)

Permit revisions submitted with an annual report shall be considered using revision requirements and review time frames and shall be approved separately from the annual report.

(r)

If the administrator fails to respond to the applicant within ninety (90) days, the request for revision of an existing permit shall be deemed complete.

Section 2.

This act is effective July 1, 2011.

(END)

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HB0112