Limited mining operations.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0027

ENROLLED ACT NO. 19, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to environmental quality;
authorizing

modif
ication
or suspen
sion of
certain requirements
for
limited
mining
operation
s
as specified
;
providing a per acre maximum dollar amount for a reclamation
performance
bond for
limited
surface min
ing operations which do not require a permit under the Environmental Quality Act
;
amending bonding requirements for small mining operations requiring a permit under the Environmental Quality Act;

and providing for an effective date.

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

Section 1
.

W.S. 35
‑
11
‑
401
(e)(vi)
and 35
‑
11
‑
417(c)(i) and (ii) are
amended to read:

35
‑
11
‑
401.

Compliance generally; exceptions.

(e)

The provisions of this article shall not apply to any of the following activities:

(vi)

Surface

Limited
mining operations, whether commercial or noncommercial, for the removal of sand, gravel, scoria, limestone, dolomite, shale, ballast or feldspar from an area of
ten (10)
fifteen (15)
acres or less of affected land
, excluding roads used to access the mining operation,
if the operator has written permission for the operation from the owner and lessee, if any, of the surface
.
; provided that

T
he operator shall notify the land quality division of the department of environmental quality and the inspector of mines within the department of workforce services of the location of the land to be mined and the postal address of the operator
at least thirty (30) days

before commencing operations
.
;

A copy of the notice shall also be mailed to all surface owners located within one (1) mile of the proposed boundary of the limited mining operation
at least thirty (30) days before commencing operations
.

Limited m
ining operations authorized under this paragraph are subject to the following:

(A)

That
the
affected
lands
shall not be within three hundred (300) feet of any existing occupied dwelling, home, public building, school, church, community or institutional building, park or cemetery unless the landowner's consent has been obtained
;

(
B
)

Before commencing any
limited
mining operations, the operator shall file a bond to insure
reclamation in accordance with the purposes of this act in the amount of two thousand dollars
($2,000.00)
per acre, except for quarries for which the bond amount shall not exceed three thousand dollars ($3,000.00) per acre of affected land including roads used to access the mining operation. Within ninety (90) days after
limited
mining operations commence, the administrator may require the operator to post an additional bond per acre of affected land if he determines that such amount is necessary to insure reclamation. The operator shall post the additional bond not later than thirty (30) days after receipt of such notification;

(
C
)

After the
limited
mining operations have ceased or within thirty (30) days after abandonment of the
limited
mining operation, the operator shall notify the administrator of such fact and commence reclamation and restoration in compliance with the rules and regulations of the land quality division of the department of environmental quality. The rules and regulations for reclamation shall at all times be reasonable; and

(
D
)

Immediate reclamation will not be required if the landowner advises the department in writing of his intent to further utilize the product of the mine, and if he assumes the obligation of reclamation.

35
‑
11
‑
417.

Bonding provisions.

(c)

The amount of any bond to be filed with the administrator prior to commencing any mining shall be:

(i)

For an initial bond the amount equal to the estimated cost of reclaiming the affected land disturbed and restoring, as defined in W.S. 35
‑
11
‑
103(f)(iii), any groundwater disturbed by in situ mining during the first year of operation under each permit. The estimated cost shall be based on the operator's cost estimate submitted with the permit plus the administrator's estimate of the additional cost to the state of bringing in personnel and equipment should the operator fail or the site be abandoned. In no event shall the bond be less than ten thousand dollars ($10,000.00), except for
sand and gravel
, pumice, scoria or jade
limited

mining

operations authorized and bonded under W.S. 35
‑
11
‑
401(e)

or any

noncoal
mine
, except surface coal mines
,
the affected land of which, excluding roads,
is ten (10)

acres or less, in which case the bond amount shall be set by the administrator with approval of the director to cover the cost of reclamation, and in no event less than two hundred dollars ($200.00) per acre, for affected land;

(ii)

For renewal bonds the amount equal to the estimated cost of reclaiming the land to be disturbed during that renewal period, and the estimated cost of completing reclamation of unreleased lands and groundwater disturbed during prior periods of time. The estimated cost shall be based on the operator's cost estimate, which shall include any changes in the actual or estimated cost of reclamation of unreleased affected lands, plus the administrator's estimate of the additional cost to the state of bringing in personnel and equipment should the operator fail or the site be abandoned. In no event shall the bond be less than ten thousand dollars ($10,000.00), except for
sand and gravel
, pumice, scoria or jade
limited

mining

operations authorized and bonded under W.S. 35
‑
11
‑
401(e)
or any

noncoal
mine
, except surface coal mines
,
the affected land of which, excluding
roads, is
ten (10) acres or less, in which case the bond amount shall be set by the administrator with approval of the director to cover the cost of reclamation, and in no event less than two hundred dollars ($200.00) per acre, for
affected land.

Section 2.

W.S. 35
‑
11
‑
401(e)(vii) through (ix) is repealed.

Section
3
.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1