HB0043 - Small mine permits and exemption.
2001 |
State of Wyoming |
01LSO-0130.E1 ENGROSSED |
HOUSE BILL NO. HB0043
Small mine permits and exemption.
Sponsored by: Representative(s) Stafford
A BILL
for
1 AN ACT relating to
environmental quality; expanding
2
exemption from land quality provisions for specified
3
surface mining operations; excluding top soil from certain
4
overburden calculations; and providing for an effective
5
date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 35-11-401(e)(vi) and (j) is
amended
10 to read:
11
12 35-11-401. Compliance generally; exceptions.
13
14 (e) The
provisions of this article shall not apply to
15 any of the following activities:
16
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1 (vi) Surface
mining operations, whether
2
commercial or noncommercial, for the removal of sand, 3
gravel, scoria, limestone, dolomite,
shale, ballast or 4
feldspar nonmetallic material, except coal, from an area of
5
ten (10) acres or less of affected land if the operator has
6
written permission for the operation from the owner and
7
lessee, if any, of the surface; provided that the operator
8
shall notify the land quality division of the department of
9
environmental quality of the location of the land to be
10 mined before commencing operations and if blasting is to
11 occur, the operator shall comply with W.S.
12 35-11-415(b)(xi)(C) and shall provide adequate advance
13 written notice to local governments and residents who might
14 be affected by the use of these explosives by mailing a
15 copy of the proposed blasting schedule to every resident
16 within one-half (1/2) mile of the proposed blasting site;
17
18 (j) The
council, upon recommendation from the
19 advisory board through the
administrator and director, may
20 modify or suspend certain
requirements of W.S.
21 35-11-406(a), (b), (d), (f) and (g)
by rules and
22 regulations, for surface mining
operations involving not
23 more than ten thousand (10,000)
yards of overburden and ten
24 (10) acres of affected land in any
one (1) year, if the
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1 application
requirements insure reclamation in accordance
2
with the purposes of this act. Topsoil shall
not be
3 included within the ten thousand
(10,000) yard calculation
4 of overburden under this subsection.
5
6 Section 2. This act is effective immediately upon
7
completion of all acts necessary for a bill to become law
8
as provided by Article 4, Section 8 of the Wyoming
9
Constitution.
10
11 (END)
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