Notice of Application for Phase III Bond Release

Wyoming Department of Environmental Quality  | view as a webpage

Wyoming Department of Environmental Quality

Notice of Application for Phase III Bond Release

The Linc Energy Chapter 11 Liquidating Trust C/O Batuta Advisors, 650 Halstead Ave, Suite 201B2, Mamaroneck, NY  10543, and holder of Research and Development License No. RD018 has applied for a Phase III bond release from the Land Quality Division of the Department of Environmental Quality for the State of Wyoming.  This Research and Development License was originally approved on January 24, 2014.  The coal mining Research and Development License area is located in Section 36, Township 44 North, Range 74 West, Campbell County, Wyoming.  The area is approximately 20.6 miles west of Wright, WY.  This area can be found on the USGS Baker Spring quadrangle map.  The parcels to be released from the bond are located in Section 36 in Township 44N, Range 74W.  This bond release request includes the plugging and abandonment of 41 water wells in compliance with the required guidelines and Rules.  In addition, the reclamation of approximately 105 acres has occurred.  The bond is a cash bond in the amount of $393,510 with the full amount being requested to be released.  The 41 wells were plugged and abandoned between 3-19-18 and 4-18-18.  The reclamation of the approximate 105 acres occurred between 3-19-18 and 6-5-18.

Information regarding the mining operation, reclamation procedures and areas proposed for release may be reviewed in the Office of the Land Quality Division of the Department of Environmental Quality in Cheyenne and Sheridan, 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 W. 17th Street, Suite 10, Cheyenne, WY  82002, before the close of business on January 31, 2019.  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 shall be held 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 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 or 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 Ace (W.S. 16-3-101 through 16-3-115), and the right of judicial review would be afforded as provided in that act.