Section 1-3 - Applicability (a) All mining operations or operations by which solid minerals are intended to be extracted from the earth, which are commenced or conducted after the effective date of these rules and regulations, shall comply with the requirements hereof, except as specific exemptions are allowed by the Act.
(b) The discretionary exemptions shall be limited as follows: - (i) W.S. § 35 - 1 l-401(g), (h) and (j) shall not apply to surface coal mining operations.
- (ii) In order to qualify for the exemption provided for in W.S. § 35-11-401(e)(ii), approval must be obtained from the Administrator for the extraction of any coal after a finding that:
- (A) The extraction is necessary to enable the construction to be accomplished and occurs within the right-of-way or boundary of the area directly affected by the construction;
- (B) The construction is funded 50 percent or more by funds appropriated or obtained from a government financing agency's budget or general revenue bonds; and
- (C) The person agrees to possess on-site documents which show a description of the project, its exact location, and information showing the source, kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.
(c) If any provision of these regulations or the applicability thereof to any person or circumstances related to surface coal mining operations is held invalid, the provision or its applicability to other mining operations or circumstances shall not be affected thereby.