COAL

STANDARD OPERATING PROCEDURE NO. 1.9

Land Quality Division

SUBJECT: Procedures pertaining to public notices, proof of notice and sworn statement of
mailing for all types of coal permitting actions

I. General Instructions for Complying with Public Notice Requirements . . . . . . . . . . . . . . . . . . . 2

A. Filing with the County Clerk’s Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Proof of Mailing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. Proof of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. Proof of Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

II. Goals and Requirements of Publication and Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

A. Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B. LQD Notification of Governmental Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

III. Publication of the Administrator’s Decision on a Coal Mine Application . . . . . . . . . . . . . . . . . 6

IV. Annual Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

V. Coal Exploration - License to Explore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

VI. Bond Release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

VII. Temporary Cessation of Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

VIII. Coal In Situ Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

IX. Summary of Publication Requirements and Formats

for Coal Permitting Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

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I. General Instructions for Complying with Public Notice Requirements

A. Filing with the County Clerk’s Office

1. Every applicant for a new permit, amendment, renewal, transfer or major revision
that is sent to public notice must file a copy of their application with the County
Clerk for the county within which their operation is located as required by W. S.
§ 35-11-406(d). The filing with the County Clerk provides an accessible public
location at which the complete application may be reviewed. For any new
application, the operator must file a complete copy (all volumes) of the application
in the Clerk's office. It is recommended that operators with an application for a
permit renewal, major revision or permit amendment, at a minimum, place on file
all volumes of their permit that are changing. These volumes should be filed in their
entirety. For most applications, this will be limited to the mine and reclamation plan
volumes. The application filed with the County Clerk should not be a series of
pages excerpted from complete volumes.

2. An index sheet shall be placed in the front of each individual volume on file
indicating which portions of that volume are proposed to be changed as part of the
application. This is necessary to ensure that a member of the public viewing an
application at the County Clerk's office is able to understand what is being
changed and what portions of the application are open to review and comment.

3. The applicant's filing of the complete application with the County Clerk and
newspaper public notice shall not commence until the applicant has been given
written direction by the Land Quality Division.

4. All parties should understand that neither the Clerk filing or public notice in any
way constitute tentative or preliminary approval of the application. County Clerk
filing and public notice only indicate that all necessary components of the
application are present and in relative order.

5. No substantive changes may be made after publication.

6. Written notification to publish and file shall include one of the attached SAMPLE
FORMATS, which provide specific directions to the applicant. A complete list of
these formats is found in Table 1.

7. Upon approval of the application, the Land Quality Division should notify the
applicant that the application should be retrieved from the County Clerk’s office.

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B. Proof of Mailing

1. The 1995 legislature modified W.S.§ 35-11-406(j) so that an operator no longer

has to provide proof of mailing. Instead, only a sworn statement of mailing shall be
forwarded to LQD for inclusion in the permit application. This statute was also
amended in 1995 to require that an operator mail copies of the notice only when
new lands are being permitted. This means mailing of the notice only occurs with
new permit applications or amending new lands onto an existing permit. The
statute now reads as follows:

(j) The applicant shall cause notice of the application to be

published in a newspaper of general circulation in the locality of
the proposed mining site once a week for four (4) consecutive
weeks commencing within fifteen (15) days after being notified by
the administrator. The notice shall contain information regarding
the identity of the applicant, the location of the proposed
operation, the proposed dates of commencement and completion
of the operation, the proposed future use of the affected land, the
location at which information about the application may be
obtained, and the location and final date for filing objections to the
application. For initial applications or additions of new lands
the applicant shall mail a copy of the notice within five (5) days
after first publication to all surface owners of record of the land
within the permit area, to surface owners of record of immediately
adjacent lands, and to any surface owners within one-half (½)
mile of the proposed mining site. The applicant shall mail a
copy of the application mining plan map within five (5) days
after publication to the Wyoming Oil and Gas Commission.
Proof of notice and sworn statement of mailing shall be attached
to and become part of the application.

2. For record keeping purposes, the statement "shall be attached to and become
part of the application" means that the aforementioned documents will be stored
in the correspondence file associated with the application in question.

3. As a result of the 1995 amendments, mailing of notices is no longer required for

permit renewals, major revisions or permit transfers. Submittal of U.S. Post Office
forms is no longer necessary. All public notice formats now have a "fill in the
blank" affidavit of mailing attached for use by the applicant. The applicant must
complete and forward the affidavit to the appropriate LQD office for inclusion in
the application. This affidavit must be received prior to the end of the public
comment period.

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 4. All applicants instructed to go to public notice, regardless of the nature of the
application, must mail a copy of their mine plan map to the Wyoming Oil and Gas
Commission. Consequently, even those public notice formats for permit renewals,
revisions or transfers have an example affidavit attached. This is necessary for
verification that the mine plan map has been forwarded to the Wyoming Oil and
Gas Commission. These applicants must also complete the affidavit and forward
it to the appropriate LQD office for inclusion in the application prior to the end of
the public comment period.

5. The notification to ". . . surface owners of record of immediately adjacent lands,

to any surface owners within one-half (½) mile . . ." includes only the owner of the
title for that land and does not include easements or other interests.

6. In addition, the LQD has interpreted this new statutory language regarding the
"addition of new lands" to mean that an operator must mail notices to all owners
within the original permit area, amendment area and surface owners within ½ mile
of the original permit area boundary as well as those within ½ mile of the
amendment area boundary.

7. As a result of these changes in statutory requirements, several additional public

notice formats were developed to address surface and underground coal mine
permit major revisions and underground coal mining permits, permit renewals and
permit amendments.

C. Proof of Notice will consist of the affidavit of publication executed by the newspaper. This
is secured by the applicant and sent by the applicant to the appropriate LQD office as
soon as publication is completed.

D. Proof of Filing will consist of an affidavit of filing from the County Clerk. This is secured
by the applicant and sent to the appropriate LQD office immediately following filing.

II. Goals and Requirements of Publication and Filing

A. Public Participation

1. The newspaper publication seeks to notify the general public of the proposed
location, time schedule and general mining and reclamation features of the
proposed mining operations. The notice also provides the opportunity and specific
directions for the voicing of any comments prior to the final approval of the
application. The notice identifies the locations where the application may be
reviewed. It is important to note that besides the legal location of the operation,
a general location is also included. This helps the general public know where the
operation will occur.

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 2. The final public notice provides information regarding the request for an informal
conference.

B. LQD Notification of Governmental Agencies

1. The LQD Administrator is required to send a copy of the final (four week
publication) notice to various governmental agencies listed in Coal Regulation,
Chapter 12, Section 1.(a)(ii). This notification is only required for new, renewed
or amended coal mine permit applications. The following entities should receive
a copy of the notice:

Appropriate County Commissioners

Appropriate County Planners
Administrator/Mayor of the appropriate City
State of Wyoming, Department of Commerce, Division of Economic and
Community Development, U.S. West Bldg., 6101 Yellowstone, Cheyenne, WY
82002
State of Wyoming, State Historic Preservation Office, U.S. West Bldg., 6101
Yellowstone, Cheyenne, WY 82002
State of Wyoming, Game and Fish Department, 5400 Bishop Blvd., Cheyenne,
WY 82002
State of Wyoming, Commissioner of State Lands, Herschler 3W, 122 W. 25th
St., Cheyenne, WY 82002 (only if state lands are included in the permit
area)
State of Wyoming, State Geologist, PO Box 3008, University Station, Laramie,
WY 82071
State of Wyoming, State Mine Inspector, PO Box 1094, Rock Springs, WY
82901
State of Wyoming, Superintendent & Chief Engineer, Department of
Transportation, 5300 Bishop Blvd, PO Box 1708, Cheyenne, WY 82002
U.S.D.A. Natural Resource Conservation Service - local office
U.S. Fish and Wildlife Service, 4000 Morrie Ave, Cheyenne, WY 82001
U.S. Army Corps of Engineers, Wyoming Office, 2232 Dell Range Blvd.,
Cheyenne, WY 82009
Bureau of Land Management, State Director, PO Box 1828, Cheyenne, WY
82001 (not needed for private coal on private surface)
U.S. Forest Service, if appropriate
Office of Surface Mining, Program Operations Manager, 1999 Broadway, Suite
3320, Denver, CO 80202-5733

III. Publication of the Administrator's Decision on a Coal Mine Application

A. Chapter 12, Section 1(a)(ii)(B) requires the LQD Administrator to publish a notice in the
local newspaper summarizing the LQD's decision on a coal mining application (Format No.

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 9). This notice shall be published one time only. This notice should be published even if an
application has been disapproved.

B. This requirement applies to new, renewal, major revision, amendment and Form 1(t)
transfer applications.

C. This publication is initiated by the Cheyenne Office.

IV. Annual Reports

A. Chapter 12, Section 2(c) of the Coal Rules and Regulations requires that the Administrator
publish a notice in a newspaper of general circulation in the locality of the mining operation
one time only.

B. Format No. 10 (attached) describes the type of information that shall be incorporated into
this notice.

C. Publishing this notice is initiated by the LQD District Office.

V. Coal Exploration - License to Explore

A. Chapter 10 of the Coal Rules and Regulations requires that any person who intends to
explore for coal outside a permit area must apply for a License to Explore. Chapter 10,
Section 1 makes the distinction that if someone is proposing to remove less than 250 tons
they must apply for a notice of intent to explore. However, the Division has historically
required a License to Explore for all coal exploration regardless of the tonnage removed.
In addition, newspaper publication of the applicant’s intent to explore is only required if
more than 250 tons of coal is proposed for removal.

B. Upon notification by the Administrator that the application for the license to explore is
complete, an applicant wishing to remove more that 250 tons of coal shall publish their
intent in a newspaper of general circulation in the county of the proposed exploration area.
This notice shall be published one time only.

C. Format No. 11 (attached) describes the type of information that shall be incorporated into
this notice.

VI. Bond Release

A. Chapter 15, Section 1(c) of the Coal Rules and Regulations requires that an applicant for
bond release publish a notice describing this intent in a newspaper of general circulation
in the locality of the mining operation within 15 days of notification by the Administrator

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 that the bond release request is complete. This notice shall be published once a week for
four consecutive weeks.

B. The applicant is also required to notify numerous entities of their intention to seek bond
release.

C. The list of persons who shall receive a notice of intent and the required contents of the
public notice are provided in Format No. 12 (attached).

VII. Temporary Cessation of Operations

A. When a coal operator proposes a temporary cessation of operations that will last longer
than 30 days (as allowed by Chapter 4, Section 2(u) of the Coal Rules and Regulations),
this request will be processed as a major revision. Upon determination that the revision
application is suitable for public notice, a notice must be published in a newspaper
according to the requirements of W.S.§ 35-11-406(j).

B. If this proposal for temporary cessation is part of a renewal application, then the fact that
temporary cessation is being requested must be included in the public notice for the
renewal.

C. If the request for temporary cessation is received as a single revision item or is one of
several revision items received at once, then the fact that a temporary cessation is being
sought must also be published.

D. Consequently, the request for temporary cessation of operations must always constitute
a major revision, even if other change items accompanying it do not.

VIII. Coal In Situ Operations

A. A sample public notice format has not been developed for coal in situ permitting because
there are no current or pending applications for this type of coal mining.

B. However, in the event that a coal in situ permit application is received by LQD,
appropriate formats for new permits, permit amendments, permit renewals and permit
revisions will be created and added to this standard operating procedure.

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 IX. Summary of Publication Requirements and Formats for Coal Permitting Actions

Table 1
Type of Application First Publication Second Publication
Required? Use Format No. Required? Use Format No.

Surface Coal Mining Permit or Amendment yes 1 yes - 4 weeks 2

Surface Coal Mining Permit Renewal yes 1 yes - 4 weeks 3

Surface Coal Mining Permit Major Revision no - yes - 4 weeks 4

Underground Coal Mining Permit or yes 1 yes - 4 weeks 5

Amendment

Underground Coal Mining Permit Renewal yes 1 yes - 4 weeks 6

Underground Coal Mining Permit Major no - yes - 4 weeks 7

Revision

Coal Mining Permit Transfer no - yes - 4 weeks 8

Coal Mining - Administrator's Decision * no - yes - 1 week 9

Annual Reports* no - yes - 1 week 10

Coal Exploration no - yes - 1 week 11

Bond Release no - yes - 4 weeks 12

* Public notice published by the Administrator

SOP No. 1.9

PWS/7-98 8