(a) The reclamation plan shall include a time schedule for each major step in the reclamation which coordinates the operator's reclamation plan with the mining plan in such a manner so as to facilitate reclamation at the earliest possible time consistent with Chapter 4, Section 2(k) and the orderly development of the mining property.
(b) The reclamation plan shall also describe how the operator will reclaim the affected lands to the proposed postmining land use in accordance with Chapter 4, Section 2(a) which shall include: - (i) A plan for topsoil and subsoil removal, storage, protection, and replacement; and for handling and disposal of all toxic, acid-forming, or otherwise hazardous materials, in accordance with Chapter 4, Section 2(c). This shall include a description with location maps and, where appropriate, typical topographic profiles of the mine facility area, mineral stockpiles, spoil piles, and topsoil and subsoil stockpiles. The location, and where required, the capacity of each stockpile shall be described and shown on a map. The application shall also explain how the topsoil will be replaced on the affected land during reclamation, including a description of the thickness of topsoil to be replaced and procedures that will be followed to protect the topsoil from excessive compaction and wind and water erosion until vegetation has become adequately established.
- (ii) A plan for backfilling, grading and contouring of all affected lands in accordance with Chapter 4, Section 2(b). The plan shall include:
- (A) A description of the reclaimed land surface with contour maps or cross-sections that show the final surface configuration of the affected lands.
- (B) Where terraces or benches are proposed, detailed drawings shall be provided which show dimension and design of the terraces, check dams, any erosion prevention techniques and slopes of the terraces and their interval.
- (C) Where permanent water impoundments are proposed, contour maps and cross-sections which show slope conditions around the impoundment and the anticipated high and low postmining water level. The plan shall contain a description of erosion control techniques and such other design criteria and water quality and quantity conditions to comply with Chapter 4, Section 2(g)(ii).
- (D) Maps and descriptions necessary to demonstrate that the slopes of the reclaimed land surface do not exceed the approximate premining slopes.
- (E) Procedures for assuring stability of the reclaimed land surface.
- (iii) A plan to assure revegetation of all affected land in accordance with Chapter 4, Section 2(d). The plan shall include;
- (A) The method and schedule of revegetation, including but not limited to species of plants, seeding rates, seeding techniques, mulching requirements and other erosion control techniques, and seeding times to be used in a given area for reclamation purposes.
- (B) For crucial habitat and critical habitat, consultation with and approval obtained from the Wyoming Game and Fish Department for tree and shrub species composition and ground cover for minimum stocking and planting arrangements of trees and shrubs. Crucial habitat must be declared as such prior to the submittal of a permit application or any subsequent amendment.
- (C) For important habitat, consultation with and recommendations obtained from the Wyoming Game and Fish Department for tree and shrub species composition and ground cover for minimum stocking and planting arrangements.
- (D) The tree species, the number per species, and the location of tree plantings.
- (E) A separate seed mix(es) shall be developed for each approved postmining land use, considering the dominant postmining topographic features and landowner desires.
- (I) The species shall be described in the reclamation plan indicating the composition of seed mixtures and the amount of seed to be distributed on the area on a per acre basis.
- (II) The species and varieties shall depend upon the climatic and soil conditions prevailing in the permit area and the proposed postmining landuses.
- (III) The species shall be self-renewing;
- (IV) Seeding rates shall depend upon seed types, climatic conditions and the techniques to be used in seeding;
- (V) The seed mix shall contain introduced species only if:
- (1.) Additional herbaceous species are needed; or
- (2.) Suitable, native species are unavailable; or
- (3.) For cropland or pastureland or;
- (4.) Needed to achieve a quick, temporary, stabilizing cover to control erosion; or
- (5.) Conducive to achieve a postmining land use approved by the Administrator.
- (VI) The operator shall document, unless otherwise authorized by the Administrator, the suitability of introduced species using data from published literature, from experimental test plots, from on-site experience, or from other information sources.
- (VII) For grazingland, the seed mix shall contain full shrub and/or subshrub species when these species will support the postmining land uses. To increase postmining species diversity and establish shrub mosaics, shrub mixtures shall be developed and seeded separately from the herbaceous mixtures.
- (VIII) For federally owned surface, the federal land managing agency shall be consulted for mulching requirements and seeding requirements for cover crops, temporary and permanent reclamation.
- (IX) The proposed postmining location of each seed mix shall be illustrated on a post mining contour map.
- (F) Locations and/or conditions where the operator specifically requests approval not to use mulch.
- (G) A weed control plan for State of Wyoming Designated Noxious and Designated Prohibited Weeds and, on federal surface, any additional weeds listed by the federal land managing agency.
- (H) An explanation of any plans for irrigation.
- (I) An explanation of pest and disease control measures, if appropriate;
- (J) A plan for monitoring permanent revegetation on reclaimed areas, specifically including quantitative sampling, as required by Chapter 4, Section 2(d)(i)(J).
- (iv) A plan for measurement of revegetation success to include:
- (A) How a "Reference area" shall be used for cover and production, unless technical standards for cover and production have been approved for a projected postmine community. A "Reference area" is defined in Chapter 1, Section 2.
- (B) The methods to be used for measuring the shrub density standard as approved by the Administrator.
- (C) The methods to be used for evaluating the shrub density goal as approved by the Administrator, where applicable.
- (D) The procedures to be used for measuring species diversity and composition as approved by the Administrator.
- (E) If proposed, a technical success standard for a specified vegetation parameter. The technical success standard:
- (I) Is derived from a sufficient number of years of baseline data so the standard value can be considered representative over a range of climatic conditions or a relationship between the parameter and climatic variables can be determined. For technical standards for cover and production, a minimum of five years of baseline data is necessary; and
- (II) May be extended to an amendment area if the baseline information indicates the standard is applicable in that area.
- (F) The procedures to be used as approved by the Administrator for the evaluation of restored postmining vegetation communities which carry the Cropland or Pastureland land use designation.
- (G) If reforestation for commercial harvest is the method of revegetation, reforestation shall be deemed to be complete when a reasonable population density as established in the reclamation plan has been achieved, the trees have shown themselves capable of continued growth for a minimum period of five years following planting, and the understory vegetation is adequate to control erosion and is appropriate for the land use goal.
- (v) Descriptions, including maps and cross-sections, of the surface water diversion systems which meet the requirements of Chapter 4, Section 2(e). Monitoring of surface and groundwater conditions may be required during the course of the operation based on the existing water conditions and the nature of the proposed operation. If so required, the application shall include a description of the location, construction, maintenance, and removal, where necessary, of such monitoring stations.
- (vi) Where a permanent water impoundment is proposed as final reclamation, the application shall include:
- (A) Written consent from the surface landowner if different than the mineral owner.
- (B) A description of the proposed use of the impoundment.
- (C) A statement of the source, quality and quantity of water available for impoundment and a statement regarding its suitability for recreational, irrigation, livestock or wildlife watering. If, upon review of this information, water quality and quantity are not reasonably demonstrated to be suitable for the postmining use, the applicant shall be so notified in writing and shall be allowed to submit further documentation in support of the proposed impoundment to reasonably satisfy the Administrator. If the applicant is unable to demonstrate to the satisfaction of the Administrator that the water quality and quantity will be suitable for the postmining land use, the applicant shall provide an alternate plan.
- (D) The operator may be required to monitor surface and groundwaters in order to determine that upon completion of the operation, the water quality and quantity will be consistent with the approved postmining use.
- (E) A description of the construction of the impoundment so as to meet the requirements of Chapter 4, Section 2(g)(ii).
- (vii) A plan to assure proper construction and reclamation of any tailings impoundments in accordance with the Act and these regulations.
- (viii) A plan for the disposal of mine facilities, erected, used or modified by the applicant in accordance with the requirements of Chapter 4, Section 2(m).
- (ix) A description of the measures to be used to seal or manage mine openings in accordance with Chapter 4, Section 2(p), and to cap, plug and seal all exploration holes, bore holes, wells and other openings, excepting developmental drill holes which will be mined through within one year, within the area to be mined during the term of the permit in accordance with Chapter 14. For developmental drilling the application shall contain general descriptions relating to spacing, data collection, and techniques which will be employed, including those which may be needed to comply with the plugging and sealing requirements of W.S. § 35-11-404.
- (x) A postmining land use plan, including:
- (A) The necessary support and maintenance activities that may be needed to achieve the proposed land use.
- (B) Where a land use is proposed different from the premining land use:
- (I) A discussion of the utility and capacity of the reclaimed land to support a variety of uses and the relationship of the proposed use to existing land use policies and plans; and
- (II) A comparison of the premining and postmining land uses. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.
- (1.) The postmining land use for land that has been mined and not reclaimed shall be judged on the basis of the highest and best use that can be achieved and is compatible with surrounding areas without requiring unreasonable disturbance of areas previously unaffected by mining.
- (2.) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
- (3.) If the premining use of the land was changed within five years of the beginning of the mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.
- (C) Approval of alternative land uses shall require a demonstration that:
- (I) The alternative land use is equal to or greater than the highest previous use;
- (II) There is reasonable likelihood for achievement of the use;
- (III) The use does not present any actual or probable hazard to public health or safety, or threat of water diminution or pollution; and
- (IV) The use will not:
- (1.) Be impractical or unreasonable;
- (2.) Be inconsistent with applicable land use policies or plans;
- (3.) Involve unreasonable delay in implementation; or
- (4.) Cause or contribute to violation of Federal, State, or local law.