WIXLIB

12"The primary function of the State Engineer's Office involves the generalsupervision of the water of the state and the officers connected with thisdistribution, as provided by the Constitution.In carrying out this function, theState Engineer grants or denies applications for use of water, as well as carryingout the responsibility for the distribution and administration of the available watersupply." (I960 Annual Report of the State Engineer). The State Board of Control,of which the State Engineer is president, created by the Constitution of the Stateof Wyoming, has supervision of the waters; their appropriation, distribution anddiversion; and serves as a quasi-judicial body in the adjudication of water rights aswell as contests and petitions affecting adjudicated water sifiedThe energytherequestsforinformation, petitions for changed use, and applications for unappropriated water.Among the various responsibilities relative to water, the State Engineer's Officemust be contacted and professionally-prepared applications filed for:SurfaceWater; Ground Water; Water Wells; and Irrigation orWater Diversion Rights.Instructions for filing applications and regulations pertaining to the activitiesof the State Engineer's Office are of vital concern to any proposed resourcedevelopment activities within which the use, diversion, disposal, or search forwater is a part.Priority rights are establishedupon the date and time an acceptableapplication is received in the State Engineer's Office. "All water within the Stateof Wyoming is the property of the State of Wyoming." Entities must obtain stateapproval for specific uses of waters of the state, and water may only be used forthe purposes specified.Applications must be accompanied by maps prepared in accordance with theapplicable State Engineer's Rules and Regulations along with a filing fee of 10 forstock and/or household domestic use, and 25 for all other uses.Review isbasically indefinite, although for coal mining operations, initial review is limited to30 days within which time the applicant is notified of gandconstruction of facilities or establishing water for beneficial use.is 5 years with possible extensions allowable by the State Engineer.completingMaximum timeIf water rightis to be permanent, action to adjudicate the right shall be commenced within 5years.

13ADMINISTERING AGENCYA ncState EngineerState Engineer's OfficeBarrett Office BuildingCheyenne, WY 82002(307)777-7354HEALTH AND SOCIAL SERVICESThe Department of Health and Social Services, in addition to its otherhealth and social services functions, has two responsibilities that may tructed to utilize or produce radioactive materials.sitinganyregulation.facilitywhichTheisIn addition, the HealthSurveillance and Control Services generally require compliance with ERA and statewater quality and quantity requirements, housing food service standards, vectorcontrol and disease control as Public Health requirements and standards maydictate. The Health Surveillance and Control Services review preliminary and finalplans and specifications for natural resource development relative to mining andprocessing plants, power plant installations, gasification plants, new or vastexpansion of recreation areas, and energy development plants or installationslocated in rural areas.ADMINISTERING lHealth(303)777-7956;andChief, Health Surveillance and Control Services (303) 777-7957;Department of Health and Social ServicesHathaway BuildingCheyenne, WY 82002(303) 777-7656Services

SECTION 2.0STATE POUCY AND PROCEDURES FORCONSOLJDATED PERMIT PROGRAM

17CHAPTER 2.1STATE CLEARINGHOUSE ORONE-STEP PERMIT AGENCYINTRODUCTIONThe Wyoming State Clearinghouse operates through the State PlanningCoordinator's Office to review applications for federal assistance, environmentalimpactstatements,memorandums ofunderstanding,cooperativeagreementsbetween state agencies and cooperative agreements between state and eisresponsibleforthecoordination of planning activities of all state departments, boards, commissionsand agencies regarding development activities.A.NAME OF PERM ITState Clearinghouse Plan Review.B.AUTHORIZING STATUTEWyoming State Planning Coordinator ActW.S. 9-2-703, 704.C.TITLE OF REGULATIONRegulations promulgated by Federal Council on Environmental Quality,Environmental Protection Agency and the Office of Management andBudget.D.SUMMARY OF REGULATION1.APPLICABILITY.The primary function of the Clearinghouse is to examine andtheirrelationship to state or areawide comprehensive plans or policies.2.GENERAL REQUIREMENTS.Information required by the federal agency from which the applicantis applying al EIS procedures; information required by federal regulationsfor memorandums of understanding, agreements and plans.

18tt3.SUBMISSION REQUIREMENTS.Applications for federal funds or private endowment funds, orContract with the federal government or any private association, byany state department, board, commission or agency whose directorsor members are appointed by the Governor must have prior approvalof the Governor. All plans prepared by all state departments, boards,commissions and agencies are to be submitted at least semiannuallyfor review and comment by the coordinator.4.PROCEDURE FOR OBTAINING APPROVAL,a.TIME REQUIREMENTS.The review period is 30 to 60 days and applies to environmentalimpact statements, memorandums of understanding, and plans.Sign off prior to 30 days is possible,b.REVIEW AND PROCESSING TIME.After receipt:(1)Logging and assigning A-95 number - I week(2)Review byCoordinatorandtransmittalto reviewingagencies for comments: 2 daysMeetingsto discuss comments orproblemareas maybeconducted at request of State Planning Coordinator.(3)5.Reviewing Agencies have up to 10 days to review.OPERATION REQUIREMENTS.Once comment letter is approved by Governor, it is signed by theState Planning Coordinator and transmitted to appropriate federalagency and the State Planning Coordinator's responsibility ceases.Applicantmust eralagency

197.APPEAL PROCESS.The State Planning Coordinator can organize overview meetingsconsisting of applicants, reviewing state agencies and the A-95Coordinator to review appeals to the A-95 decision.E.ADMINISTERING AGENCYFEDERAL COUNTERPARTState Planning Coordinator2320 Capitol AvenueCheyenne, WY 82002Office of Management and Budget(307)777-7574Washington, D.C. 20503

20CHAPTER 2.2STATE ENVIRONMENTAL POLICY STATUTESINTRODUCTIONThe Wyoming Environmental Quality Act created by statute in1973 adepartment entitled "The State Department of Environmental Quality" withinwhich there are three Divisions:and 3) Land Quality Division.I) Air Quality Division; 2)Water Quality Division;Among specific assignments the divisions providecooperation between agencies of the state, agencies of other states, interstateagencies, and the federal government in carrying out the objectives of the lawcreating the Department.Specific responsibilities are covered in other chapters of this Guide .A seven member Environmental Quality Council created within the Act wasdelegated powers primarily to hear and act upon appeals from parties affected bythe actions of the Divisions within the Department.The Department has signed memorandums of understanding between theDepartment of Environmental Quality and most state agencies responsible forenvironmental activities to accomplish interagency coordination in identifyingagency responsibilities and for the timely disposition of mutual problems.Unlikethe NationalimpactEnvironmentalPolicyAct authorityfor environmentalstatements and authority to require other agencies to establish their own formalproceduresconcerning environmentalactivities,the WyomingEnvironmentalQuality Act maintains its authority within the Department and its Divisions.ADMINISTERING AGENCYFEDERAL COUNTERPARTDirectorDepartment of Environmental Quality Environmental Protection Agency401 West 19th StreetLincoln Tower BuildingCheyenne, W Y 820021860 Lincoln StreetDenver, CO 80295(307)777-7937(303)837-3895

SECTION 3.0RESOURCES EXTRACTION

23CHAPTER 3.1OIL AND GASINTRODUCTIONThe State Oil and Gas Supervisor administers the statutes, rules andregulations pertaining to oil and gas conservation and regulates, for conservationpurposes, the drilling, production, and plugging of oil and gas wells. In addition, theWater Quality Division rmitsconcerning the extraction of minerals excluding in situ oil and gas resourcedevelopment.A.NAME OF PERM ITPermit to drill oil and gas well.B.AUTHORIZING STATUTEWyoming Oil and Gas Act W .S. 30-5-101 through 30-5-204, Permit ToDrill, 1975 Session Laws, Chapter 5, as amended through I960.C.TITLE OF servationCommission. Application for permit to drill or deepen a well.D.SUMMARY OF on,extraction,reclamationandconservation of oil and gas.2.a.GENERAL REQUIREMENTS.A drill, deepen or plug back permit is required from theWyoming Oil and Gas Conservation Commission for the drillingand production of oil and gas on all lands within the state,b.REGULATORY REQUIREMENTS.Permits are reviewed for casing programs to protect freshwaters; for spacing to insure proper well spacing and forblowout preventer equipment, especially if the well is locatedin an area of abnormal pressures.

243.SUBMISSION REQUIREMENTS.An application must include a certified surveyor's plat, a bondcovering the operation, designation forms and permit fees.4.PROCEDURE FOR OBTAINING PERMIT,a.TIME REQUIREMENTS.A permit is issued immediately after submission requirementsare satisfactorily met.b.PUBLIC NOTIFICATION, HEARINGS.None required.5.OPERATION REQUIREMENTS.Operator must file copies of electric logs, core data, drill stem tests,sample descriptions, and reports of any other work done on the well.Sundry notices, completion reports, and production reports are alsorequired.Abandonment data required,priortoinspectionforapproval, on reasons for abandonment, productive zones not sealed,depths, plug method, casing or tube pulled. Monthly reports requiredto identify well, production and sales.6.FEES.Well permit fee: 25.7.APPEAL PROCESS.Exception to Rules and Regulations taken before Commission.E.ADMINISTERING AGENCYFEDERAL COUNTERPARTState Oil and Gas SupervisorWyoming Oil and GasConservation Commission123 So. Durbin St.P. 0. Box 2640Casper, WY 82601U.S. Geological SurveyOil and Gas DivisionI I I South Wolcott, Rm 305Casper, WY 82601(307)234-7147(307)265-5550 Ext. 5145

25CHAPTER 3.2METALLIFEROUS MININGINTRODUCTIONThe Land Quality Division of the Wyoming Department of EnvironmentalQuality has responsibility for mining activities including energy resources (SeeChapter 3.1) and metalliferous mining referred to in this chapter.Cooperativeagreements between the Division and Boards of County Commissioners may beentered into in order to coordinate mining and reclamation activities of individualcounties.Inaddition,the WaterQualityDivisionoftheDepartmentofEnvironmental Quality has jurisdiction over applications for Groundwater PollutionControl Permits concerning the extraction of minerals. This Chapter concerns landquality and serves as a surface mining and reclamation statute, replacing the OpenCut Land Reclamation Act of 1969.A.NAME OF PERM ITPermit to Mine.B.AUTHORIZING STATUTEWyoming Environmental Quality ActW.S. 35-11-401 through 35-1 1-437,(Article 4.); 35-1 I 101 through 35-1 I -1 15 (Article I.); 35-1 I -601 (Article6.); 35-11-701 (Article 7.); 35-11-801 through 802 (Article 8.); 35-101901-902 (Article 9.); 35-11-1001-1002 (Article 10.); 35-1 I-I 101-I 104(Article I I.); 35- I I -1201 1207 (Article 12.).C.TITLE OF REGULATIONRules and Regulations, Wyoming Department of Environmental Quality,Land Quality Division, March 1981.D.SUMMARY OF REGULATIONI.APPLICABILITY.All mining operations or operations by which any minerals areintended to be extracted fromprocessing including coal, clay,the earth for reuse or furtherstone,sand,gravel, bentonite,scoria, rock, pumice, limestone, ballast rock, uranium, gypsum,feldspar, copper ore, iron ore, oil shale and trona.

262.a.GENERAL REQUIREMENTS.A permit and license to mine is required for mining operations,both surface and underground, in conformance with an approvedreclamation plan.Special licenses to explore by dozing ordrilling and research and development testing are required,b.REGULATORY REQUIREMENTS.Application requirements for mining, environmental protectionstandards, blasting, underground, surface mining, exploration,bonding, permit revision, inspection, and limited operations areset forth in detail in the Rules and Regulations. A reclamationplan must accompany the permit application.Special licensesare required for mineral exploration.Small mine operators (10acres or less) have special provisions.Drilling hole reports arerequired as part of the exploration licenses.In situ miningpermits and testing licenses are required to insure subsurfaceprotection of groundwater and protection of land owners.3.SUBMISSION REQUIREMENTS.The requirements include both detailed text and maps which mustinclude description of lands affected, vegetative cover, precipitation,wind factors, wildlife, soils, hydrology-surface and onplansandtimeschedules, archaeological and paleontological information.4.PROCEDURE FOR OBTAINING PERMIT.a.TIME REQUIREMENTS.Applicant notified within 60 days of each submission if application is deemed complete.b.PUBLIC NOTIFICATION, HEARINGS.(1)Publication required in newspaper in locality of site.(2)Administrator advises applicant within 150 days that it issuitable for publication or that application is denied.(3)Owners of record of surface and mineral rights, and anyother persons having a valid legal estate of record within1/2 mile of permit area, notified by mail.(4)Written objections filed within 30 days of last publication.

27c.REVIEW AND PROCESSING TIME.Administrator may hold informal conference and take action onapplication within 20 days of final date for filing objections.Administratorshallrender decisionwithin30daysaftercompletion of notice period if no hearing is requested.hearing is held, EnvironmentalQuality CouncilshallIfissuedecision within 60 days after hearing. Administrator shall issueor deny permit nolaterthan15daysfromreceiptofEnvironmental Quality Council decision.5.OPERATION REQUIREMENTS.Annual report shall be filed with the administrator indicating extentof operations and extent of reclamation work.Administrator shallconduct annual inspection after receipt of report and recommendensuing year reclamation performance bond.6.FEES. 100 ( 200 for amendments) plus 10 per acre not to exceed 2,000.7.APPEAL PROCESS.Right of appeal to the Environmental Quality strativeProcedure Act.E.ADMINISTERING AGENCYFEDERAL COUNTERPARTAdministratorLand Quality DivisionWyoming Department ofEnvironmental Quality401 West 19th StreetCheyenne, W Y 82002Office of Surface MiningBrooks Tower1020 - 15th StreetDenver, CO 80202(307)777-7756(303) 837-4072Right of

28CHAPTER 3.3CONSTRUCTION MATERIALSINTRODUCTIONThe Land Quality Division of the Wyoming Department of EnvironmentalQuality has responsibility for mining activities within the State including ng(SeeChapter3.2).Limestone, sandstone and ballast rock extraction is included in Chapter 3.2 withmetalliferous mining activities.

A/13SECTION 4.0LAND USE REGULATION

31CHAPTER 4.1MAJOR FACILITY SITING4.11 UTILITY PLANTSINTRODUCTIONThe Public Service Commission of Wyoming has authority over utility gas,power, and power plants, storage facilities and pipelines; power lines, switchingstations and substations; crude oil and refined product transportation facilities;common carrier pipeline facilities; coal gasification plants; water lines, facilitiesand supply; and common carrier communication facilities except citing authoritygranted the Industrial Citing Council.A.NAME OF PERM ITCertificate

Arkansas California Colorado Florida Georgia Idaho Illinois Indiana Kansas Kentucky Louisiana Maryland Michigan Minnesota Missouri Mississippi Montana Open File # 81-1248 81-1249 . Permits for oversize and overweight loads and movements of mobile and modular-homes are required. 2. Access and Encroachment. Access approaches; utility crossings .