Exploration of More than 250 Tons or in an Area Designated as Unsuitable.
(a) Any person who intends to conduct coal exploration outside a permit area
during which more than 250 tons of coal will be removed in the area to be explored or which will take place on lands designated as unsuitable for surface mining under Chapter 17 and those protected under Chapter 12, Section 1(a)(v) shall, before conducting the exploration, file with the Administrator and obtain approval for an application for a coal mine exploration license.
(b) The application shall include at a minimum, the following information: - (i) The applicant's name, address, and telephone number.
- (ii) The name, address and telephone number of the applicant's representative who will be present at, and responsible for, conducting the exploration activities.
- (iii) A narrative describing the proposed exploration area.
- (iv) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation.
- (v) An estimated timetable for conducting and completing each phase of the exploration and reclamation.
- (vi) The estimated amount of coal to be removed, a description of the methods to be used to determine the amount, and a statement of why extraction of more than 250 tons of coal is necessary for exploration.
- (vii) A description of historic or cultural features or resources listed or known to be eligible for listing on the National Register of Historic Places. This shall include a detailed description of all archeological and historic resources located within the areas to be directly affected by the proposed exploration activities. This shall also include any other information which the Administrator may require regarding known or possible historic or archeological resources.
- (viii) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) identified within the proposed exploration area.
- (ix) A description of the measures to be used to comply with Section 4 of this Chapter.
- (x) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored.
- (xi) A map(s) at a scale of 1:24,000 or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act.
- (xii) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter the area for the purpose of conducting the exploration and reclamation.
- (xiii) For any lands listed under Chapter 12, Section 1(a)(v) of the Division's Coal Rules and Regulations, a demonstration that to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application shall include documentation of consultation with the owner of the feature causing the land to come under the protection of Chapter 12, Section 1(a)(v), and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of Chapter 12, Section 1(a)(v).
(c) Within 30 days after submittal of an application for a license to explore under this Section, the Administrator will notify the applicant whether the application is complete. Upon a determination that the application is administratively complete, the Administrator shall require the applicant to publish a notice of filing in a newspaper of general circulation in the county of the proposed exploration area. The notice shall state the name and address of the person seeking approval, the filing date of the application, the address where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration. Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within 30 days from the date of publication.
020-10 Wyo. Code R. § 10-2