H-4416.1  _______________________________________________

                          HOUSE BILL 2804

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Representatives McMorris and Fuhrman

Read first time 01/19/96.  Referred to Committee on Natural Resources.

Exempting portable rock crushing units operated by county governments from the requirement to obtain a reclamation permit.

    AN ACT Relating to reclamation permits; and amending RCW 78.44.081.

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

    Sec. 1.  RCW 78.44.081 and 1993 c 518 s 11 are each amended to read as follows:

    After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from the department.  However, the operation of portable rock crushing units by county governments are exempt from this requirement.  Operating permits issued by the department between January 1, 1971, and June 30, 1993, shall be considered reclamation permits provided such permits substantially meet the protections, mitigations, and reclamation goals of RCW 78.44.091 and 78.44.131 within five years after July 1, 1993.  State agencies and local government shall be exempt from this time limit for inactive sites.  Prior to the use of an inactive site, the reclamation plan must be brought up to current standards.  A separate permit shall be required for each noncontiguous surface mine.  The reclamation permit shall consist of the permit forms and any exhibits attached thereto.  The permit holder shall comply with the provisions of the reclamation permit unless waived and explained in writing by the department.

    Prior to receiving a reclamation permit, an applicant must submit an application on forms provided by the department that shall contain the following information and shall be considered part of the reclamation permit:

    (1) Name and address of the legal landowner, or purchaser of the land under a real estate contract;

    (2) The name of the applicant and, if the applicants are corporations or other business entities, the names and addresses of their principal officers and resident agent for service of process;

    (3) A reasonably accurate description of the minerals to be surface mined;

    (4) Type of surface mining to be performed;

    (5) Estimated starting date, date of completion, and date of completed reclamation of surface mining;

    (6) Size and legal description of the permit area and maximum lateral and vertical extent of the disturbed area;

    (7) Expected area to be disturbed by surface mining during (a) the next twelve months, and (b) the following twenty-four months;

    (8) Any applicable SEPA documents; and

    (9) Other pertinent data as required by the department.

    The reclamation permit shall be granted for the period required to deplete essentially all minerals identified in the reclamation permit on the land covered by the reclamation plan.  The reclamation permit shall be valid until the reclamation is complete unless the permit is canceled by the department.

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