Notice of Application for Bond Release - Peabody Powder River Mining, LLC, PT0569

Wyoming Department of Environmental Quality  | view as a webpage

Wyoming Department of Environmental Quality

Public Notice

Peabody Powder River Mining, LLC, North Antelope Rochelle Mine, Permit No. 569-T7, of Gillette, Wyoming 82717-3034, has applied for an Area Bond Release and a Phase 1 Bond Release from the Land Quality Division of the Department of Environmental Quality for the State of Wyoming. This permit was originally approved on December 6, 1984. The combination of two mining permit areas to form the current North Antelope Rochelle Mine was approved under Permit 569 on December 1, 1999. The North Antelope Rochelle Mine is approximately 60 miles southeast of Gillette, Wyoming off Antelope County Road. The coal mining permit area is located in Sections 13-17, 20–24, 25–29 and 32–36 in Township 42N, Range 71W; Sections 13–36 in Township 42N, Range 70W; Sections 18-20 and 29–32 in Township 42N, Range 69W; Sections 1–5, 9–14 and 23–25 in Township 41N, Range 71W; Sections 1–12, 14–22 and 27–30 in Township 41N, Range 70W; and in Sections 5–8 and 17–18 in Township 41N, Range 69W in Campbell County, Wyoming, and in Sections 27–34 in Township 41N Range 70W in Converse County, Wyoming. This area can be found on Piney Canyon SW, Dugout Creek North, Coal Bank Draw, Teckla SW and Teckla, USGS quadrangle maps. The parcels to be released from bond are located in all or portions of the following sections, townships, and ranges: Section 31, T42N, R69W; Sections 5-7, T41N, R69W; Sections 28, 33-36, T42N, R70W; Section 1, T41N, 71W; Sections 1-8, 10,12, 17-18, 21, and 28-30, T41N, R70W in Campbell County, Wyoming; and Sections 28-30, T41N, R70W in Converse County, Wyoming. This bond release request includes approximately 1067.0 acres. The Area Bond Release is for the completion of backfill, rough grading and contouring which was completed from 2004 to 2017. The results satisfy the approved reclamation plan and the Area Bond was previously reduced through the Annual Report process. Peabody Powder River Mining, LLC is now requesting the release of liability for the previously approved Area Bond reduction. The Phase 1 Bond Release is for completing grading, topsoil replacement and stream channel reconstruction according to the approved reclamation plan. Topsoil replacement occurred from 2004 to 2017. The total amount of bond to be released is $1,139,022 which is 60% of the incremental bond for those 1067.0 acres. Information regarding the Area Bond Release and the Phase 1 Bond Release may be reviewed in the Office of the Land Quality Division of the Department of Environmental Quality in Cheyenne, Wyoming. Written objections to the proposed bond release request must be received by the Administrator of the Land Quality Division, Department of Environmental Quality, 200 West 17th Street, Suite 10, Cheyenne, WY  82002, before the close of business January 19, 2018. If written objections are filed, and a public hearing is requested the Director may hold an informal conference, hear the complaint and take action on the application in accordance with the Department's Rules of Practice and Procedure.  An informal conference shall be held if the Director determines that the nature of the complaint or the position of the complainants indicates that an attempt to informally resolve the disputes is preferable to a contested case proceeding.  An informal conference or a public hearing shall be held twenty (20) days after the final date for filing objections unless a different date is stipulated to by the parties.  The complainants shall have a right of appeal to the Environmental Quality Council where the complaint will be heard a second time.  If an informal conference is not held or does not satisfy the complainants, a public hearing shall be held within sixty (60) days after the final date for filing objections unless a different period is stipulated to by the parties.  The Council or Director shall inform the operator and all interested parties of the public hearing.  The Council or Director shall publish notice of the time, date and location of the hearing or conference in a newspaper of general circulation in the locality of the proposed operation once a week for two (2) consecutive weeks immediately prior to the hearing or conference.  The hearing would be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act (W.S. §16-3-101 through §16-3-115), and the right of judicial review would be afforded as provided in that act.