Notice of Application for Area and Phase I Bond Releases - Peabody Powder River Mining, LLC

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Wyoming Department of Environmental Quality

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

Peabody Powder River Mining, LLC, North Antelope Rochelle Mine, Permit No. 569-T9,
Caller Box 3034, 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 coal mining permit area is located in all or portions of the
following: Sections 5, 6, 7, 8, 17 and 18 in T41N, R69W; Sections 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and 34 in T41N,
R70W; Sections 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 23, 24, and 25 in T41N, R71W;
Sections 17, 18, 19, 20, 29, 30, 31, and 32 in T42N, R69W; Sections 3, 4, 5, 6, 7, 8, 9, 10,
11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
and 36 in T42N, R70W; Sections 1, 2, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 32, 33, 34, 35, and 36 in T42N, R71W; Sections 31 and 32 in T43N,
R70W; and Sections 35 and 36 in T43N, R71W, in Campbell and Converse Counties,
Wyoming. The North Antelope Rochelle Mine is located approximately 65 miles south of
Gillette, Wyoming. This area can be found on the following USGS quadrangle maps: Coal
Bank Draw, Dugout Creek North, Piney Canyon SW, Teckla, Teckla SW, Piney Canyon
NW, Reno Reservoir and Little Thunder Reservoir. The parcels to be released from bond
are located in Sections 5 and 6 in T41N R69W; Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 12, 16, 17,
18, 20, 21, 27, 28, 29, 30, 32, 33 and 34 in T41N, R70W; Sections 31 and 32 in T42N
R69W; Sections 28, 29, 31, 32, 33, 34, 35 and 36 in T42N R70W; Section 36 in T42N,
R71W. This bond release request includes approximately 1,712 acres. The Area Bond
Release is for the completion of backfill, rough grading and contouring which occurred
from 1985 through 2018. The Phase 1 Bond Release is for the completion of final grading,
topsoil replacement and drainage reconstruction which occurred from 1998 through 2018.
The total amount of bond to be released is $1,777,704 which is 60% of the incremental
bond for those 1,712 acres. Information regarding the Area Bond Release and the Phase 1
Bond Release may be reviewed in the offices 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 West 17th Street,
Suite 10, Cheyenne, WY 82002, before the close of business February 17, 2020. 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 request 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 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 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.