Section 9-2 - Procedures for Variance (a) All variances: - (i) Any person intending to request a variance under this Chapter may obtain an initial determination from the Administrator on the advisability of pursuing the variance by submitting information addressing Section 1(a)(ii)(A), (a)(ii)(B) and (a)(ii)(B)(I) of this Chapter. Within 60 days from receipt of this information, the Administrator shall make an initial determination and, if favorable, generally specify the information, tests or other requirements which will be necessary to satisfy Section 1(a)(ii)(B)(II)-(IV).
- (ii) All variances shall be specifically identified through the newspaper advertisements required by W.S. § 35-11-406(j) and the written notifications by the Administrator required by Chapter 12, Section 1(a)(ii)(B).
- (iii) Any variance relating to prime farmlands shall require consultation with the Soil Conservation Service.
- (iv) The special procedures of this Chapter shall apply to permit applications, renewals, or revisions which include any variance proposal.
(b) Experimental practice variances: - (i) No experimental practice variance shall be approved without the written approval of the Administrator and Director of the Department, and the Director of the Office of Surface Mining Reclamation and Enforcement after a finding that (a)(ii)(B) of Section 1 will be achieved. The results of the experimental practice variance will be specifically reviewed by the Division at the annual report period.
- (ii) In accordance with W. S. § 35-11-411, results of special monitoring shall be submitted and reviewed by the Administrator to assure that an approved experimental practice variance is being conducted in accordance with the minimum requirements of the Act and the contents of the request. If the Administrator determines upon a review of the data that the experimental practice is a failure, the Administrator will request that the operator implement alternative reclamation practices.