S‑0603.1   _____________________________________________

 

SENATE BILL 5895

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Swecker and Hochstatter

 

Read first time 02/07/2001.  Referred to Committee on Natural Resources, Parks & Shorelines.

_1      AN ACT Relating to small scale prospecting and mining; amending

_2  RCW 77.55.100; and creating a new section.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      NEW SECTION.  Sec. 1.  The legislature finds that small scale

_5  prospecting and mining is an important part of the heritage of the

_6  state.  The legislature further finds that small scale prospecting

_7  and mining provide economic benefits to the state, and help to

_8  meet the national security demand and industrial demand for

_9  minerals.  The legislature further finds that it is critical that

10  small scale miners and prospectors be allowed access to open

11  public lands in the state.  The legislature further finds that

12  mineral prospecting and mining activities can be conducted in a

13  manner that is consistent with fish habitat and fish-life

14  population.  Now, therefore, the legislature declares that small

15  scale prospecting and mining must not be unreasonably

16  regulated.  The legislature further declares that small scale

17  prospecting and mining must not be unfairly limited or obstructed

18  from access to open public lands.  The legislature further declares

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_1  that all restrictions or regulations of small scale prospecting

_2  and mining activities must be based on sound scientific evidence

_3  and applicable documentation supporting the need for such

_4  restrictions.

     

_5      Sec. 2.  RCW 77.55.100 and 2000 c 107 s 16 are each amended to read

_6  as follows:

_7      (1) In the event that any person or government agency desires

_8  to construct any form of hydraulic project or perform other work

_9  that will use, divert, obstruct, or change the natural flow or bed

10  of any of the salt or fresh waters of the state, such person or

11  government agency shall, before commencing construction or work

12  thereon and to ensure the proper protection of fish life, secure

13  the approval of the department as to the adequacy of the means

14  proposed for the protection of fish life.  This approval shall not

15  be unreasonably withheld.

16      (2)(a) The department shall grant or deny approval of a

17  standard permit within forty-five calendar days of the receipt of

18  a complete application and notice of compliance with any

19  applicable requirements of the state environmental policy act,

20  made in the manner prescribed in this section.

21      (b) The applicant may document receipt of application by filing

22  in person or by registered mail.  A complete application for

23  approval shall contain general plans for the overall project,

24  complete plans and specifications of the proposed construction or

25  work within the mean higher high water line in salt water or

26  within the ordinary high water line in fresh water, and complete

27  plans and specifications for the proper protection of fish life.

28      (c) The forty-five day requirement shall be suspended if:

29      (i) After ten working days of receipt of the application, the

30  applicant remains unavailable or unable to arrange for a timely

31  field evaluation of the proposed project;

32      (ii) The site is physically inaccessible for inspection; or

33      (iii) The applicant requests delay.  Immediately upon

34  determination that the forty-five day period is suspended, the

35  department shall notify the applicant in writing of the reasons

36  for the delay.

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_1      (d) For purposes of this section, "standard permit" means a

_2  written permit issued by the department when the conditions under

_3  subsections (3) and (5)(b) of this section are not met.

_4      (3)(a) The department may issue an expedited written permit in

_5  those instances where normal permit processing would result in

_6  significant hardship for the applicant or unacceptable damage to

_7  the environment.  In cases of imminent danger, the department shall

_8  issue an expedited written permit, upon request, for work to

_9  repair existing structures, move obstructions, restore banks,

10  protect property, or protect fish resources.  Expedited permit

11  requests require a complete written application as provided in

12  subsection (2)(b) of this section and shall be issued within

13  fifteen calendar days of the receipt of a complete written

14  application.  Approval of an expedited permit is valid for up to

15  sixty days from the date of issuance.

16      (b) For the purposes of this subsection, "imminent danger"

17  means a threat by weather, water flow, or other natural conditions

18  that is likely to occur within sixty days of a request for a

19  permit application.

20      (c) The department may not require the provisions of the state

21  environmental policy act, chapter 43.21C RCW, to be met as a

22  condition of issuing a permit under this subsection.

23      (d) The department or the county legislative authority may

24  determine if an imminent danger exists.  The county legislative

25  authority shall notify the department, in writing, if it

26  determines that an imminent danger exists.

27      (4) Approval of a standard permit is valid for a period of up

28  to five years from date of issuance.  The permittee must demonstrate

29  substantial progress on construction of that portion of the

30  project relating to the approval within two years of the date of

31  issuance.  If the department denies approval, the department shall

32  provide the applicant, in writing, a statement of the specific

33  reasons why and how the proposed project would adversely affect

34  fish life.  Protection of fish life shall be the only ground upon

35  which approval may be denied or conditioned. Chapter 34.05 RCW

36  applies to any denial of project approval, conditional approval,

37  or requirements for project modification upon which approval may

38  be contingent.

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_1      (5)(a) In case of an emergency arising from weather or stream

_2  flow conditions or other natural conditions, the department,

_3  through its authorized representatives, shall issue immediately,

_4  upon request, oral approval for removing any obstructions,

_5  repairing existing structures, restoring stream banks, or to

_6  protect property threatened by the stream or a change in the

_7  stream flow without the necessity of obtaining a written approval

_8  prior to commencing work.  Conditions of an oral approval to protect

_9  fish life shall be established by the department and reduced to

10  writing within thirty days and complied with as provided for in

11  this section.  Oral approval shall be granted immediately, upon

12  request, for a stream crossing during an emergency situation.

13      (b) For purposes of this section and RCW 77.55.110, "emergency"

14  means an immediate threat to life, the public, property, or of

15  environmental degradation.

16      (c) The department or the county legislative authority may

17  declare and continue an emergency when one or more of the criteria

18  under (b) of this subsection are met.  The county legislative

19  authority shall immediately notify the department if it declares

20  an emergency under this subsection.

21      (6) The department shall, at the request of a county, develop

22  five-year maintenance approval agreements, consistent with

23  comprehensive flood control management plans adopted under the

24  authority of RCW 86.12.200, or other watershed plan approved by a

25  county legislative authority, to allow for work on public and

26  private property for bank stabilization, bridge repair, removal of

27  sand bars and debris, channel maintenance, and other flood damage

28  repair and reduction activity under agreed-upon conditions and

29  times without obtaining permits for specific projects.

30      (7) This section shall not apply to the construction of any

31  form of hydraulic project or other work which diverts water for

32  agricultural irrigation or stock watering purposes authorized

33  under or recognized as being valid by the state's water codes, or

34  when such hydraulic project or other work is associated with

35  streambank stabilization to protect farm and agricultural land as

36  defined in RCW 84.34.020.  These irrigation or stock watering

37  diversion and streambank stabilization projects shall be governed

38  by RCW 77.55.110.

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_1      A landscape management plan approved by the department and the

_2  department of natural resources under RCW 76.09.350(2), shall

_3  serve as a hydraulic project approval for the life of the plan if

_4  fish are selected as one of the public resources for coverage

_5  under such a plan.

_6      (8) For the purposes of this section and RCW 77.55.110, "bed"

_7  means the land below the ordinary high water lines of state

_8  waters.  This definition does not include irrigation ditches,

_9  canals, storm water run-off devices, or other artificial

10  watercourses except where they exist in a natural watercourse that

11  has been altered by man.

12      (9) The phrase "to construct any form of hydraulic project or

13  perform other work" does not include the act of driving across an

14  established ford.  Driving across streams or on wetted stream beds

15  at areas other than established fords requires approval.  Work

16  within the ordinary high water line of state waters to construct

17  or repair a ford or crossing requires approval.

18      (10) This section does not apply to small scale prospecting and

19  mining activities, which include the use of pans, sluice boxes,

20  concentrators, and minirocker boxes for the discovery and recovery

21  of minerals.

 

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