(a) For permitted bentonite mining operations, the requirements of Chapter 3, Sections 1 and 2, Land Quality Division Rules and Regulations shall apply only to lands affected after August 31, 1981, with the following exceptions: - (i) Subsoil suitability tests shall be conducted, if required by the Administrator, in accordance with standard methods.
- (ii) Standards for the success of revegetation shall consist of a combination of scientific (objective) and visual (subjective) methods of determining if revegetation is complete. For these methods, the operator may select, upon the Administrator's approval, one of the following techniques:
- (A) Control Areas. A control area is defined as an area of at least one acre, which will not be disturbed by mining activities, and which is managed in a fashion equivalent to non-affected lands within the permit area, and which is to be used to adjust the vegetation data for climatic changes which is collected on affected areas prior to mining.
- (B) Reference Areas. A reference area is a land unit of at least one acre, managed in a fashion equivalent to non-affected lands within the permit area, to be used for the purpose of judging reclamation success. Reference areas must be representative of geology, slope and vegetation that was present on the affected areas prior to mining. Locations of reference areas shall be mutually agreed upon by the Administrator and the operator. The location of reference areas shall be illustrated on a map, and metes and bounds description of their location will be provided. Reference areas will be sampled in accordance with standard techniques at the time the operator requests bond release. The operator, with the Administrator's prior approval, may employ the reference area concept without premining vegetation sampling.
- (iii) The Department will consult with the landowners prior to bond release.
- (iv) There is no requirement to divert all unchannelized surface water or ephemeral streams except as required to meet State laws.
- (v) Road regulations shall only apply to those roads constructed or improved by the permittee or licensee.
- (vi) The time schedule for reclamation shall require that reclamation begin within two years and be completed within four years of the date the land is affected, except where field drying is to take place, in which case reclamation must begin within three years and be completed within five years of the date the land is affected. The time schedule shall:
- (A) Apply to reclamation of all lands to be affected in the permit area;
- (B) Designate times for backfilling, grading, contouring and reseeding;
- (C) Be coordinated with a map indicating the areas of progressive mining and reclamation; and
- (D) Establish reclamation concurrently with mining operations, whenever possible.
(b) For permitted bentonite mining operations, the reclamation standards of W.S. § 35-11-402(a)(i) -(vi) shall apply to lands affected before August 31, 1981, which shall assure at a minimum that land is reclaimed to an acceptable use after mining, considering the land's utility and capacity to support such uses.
020-13 Wyo. Code R. § 13-3