AN
ACT Relating to surface mining; and amending RCW 78.44.081, 78.44.091, and
78.44.151.
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. 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.
Sec.
2. RCW
78.44.091 and 1993 c 518 s 12 are each amended to read as follows:
An
applicant shall provide a reclamation plan and copies acceptable to the department
prior to obtaining a reclamation permit. The department shall have the sole
authority to approve reclamation plans. Reclamation plans or modified
reclamation plans submitted to the department after June 30, 1993, shall meet
or exceed the minimum reclamation standards set forth in this chapter and by
the department in rule. Each applicant shall also supply copies of the
proposed plans and final reclamation plan approved by the department to the
county, city, or town in which the mine will be located. The department shall
solicit comment from local government prior to approving a reclamation plan.
The reclamation plan shall include:
(1)
A written narrative describing the proposed mining and reclamation scheme with:
(a)
A statement of a proposed subsequent use of the land after reclamation that is
consistent with the local land use designation. Approval of the reclamation
plan shall not vest the proposed subsequent use of the land;
(b)
If the permit holder is not the sole landowner, a copy of the conveyance or a
written statement that expressly grants or reserves the right to extract
minerals by surface mining methods;
(c)
A simple and accurate legal description of the permit area and disturbed areas;
(d)
The maximum depth of mining;
(e)
A reasonably accurate description of the minerals to be mined;
(f)
A description of the method of mining;
(g)
A description of the sequence of mining that will provide, within limits of
normal procedures of the industry, for completion of surface mining and
associated disturbance on each portion of the permit area so that reclamation
can be initiated at the earliest possible time on each segment of the mine;
(h)
A schedule for progressive reclamation of each segment of the mine;
(i)
Where mining on flood plains or in river or stream channels is contemplated, a
thoroughly documented hydrogeologic evaluation that will outline measures that
would protect against or would mitigate avulsion and erosion as determined by
the department;
(j)
Where mining is contemplated within critical aquifer recharge areas, special
protection areas as defined by chapter 90.48 RCW and implementing rules, public
water supply watersheds, sole source aquifers, wellhead protection areas, and
designated aquifer protection areas as set forth in chapter 36.36 RCW, a
thoroughly documented hydrogeologic analysis of the reclamation plan may be
required; and
(k)
Additional information as required by the department including but not limited
to: The positions of reclamation setbacks and screening, conservation of
topsoil, interim reclamation, revegetation, postmining erosion control,
drainage control, slope stability, disposal of mine wastes, control of fill
material, development of wetlands, ponds, lakes, and impoundments, and
rehabilitation of topography.
(2)
Maps of the surface mine showing:
(a)
All applicable data required in the narrative portion of the reclamation plan;
(b)
Existing topographic contours;
(c)
Contours depicting specifications for surface gradient restoration appropriate
to the proposed subsequent use of the land and meeting the minimum reclamation
standards;
(d)
Locations and names of all roads, railroads, and utility lines on or adjacent
to the area;
(e)
Locations and types of proposed access roads to be built in conjunction with
the surface mining;
(f)
Detailed and accurate boundaries of the permit area, screening, reclamation
setbacks, and maximum extent of the disturbed area; and
(g)
Estimated depth to ground water and the locations of surface water bodies and
wetlands both prior to and after mining.
(3)
At least two cross sections of the mine including all applicable data required
in the narrative and map portions of the reclamation plan.
(4)
Evidence that the proposed surface mine has been approved under local zoning
and land use regulations.
(5)
Written approval of the reclamation plan by the landowner for mines permitted
after June 30, 1993.
(6)
Other supporting data and documents regarding the surface mine as reasonably
required by the department.
If
the department refuses to approve a reclamation plan in the form submitted by
an applicant or permit holder, it shall notify the applicant or permit holder
stating the reasons for its determination and describe such additional
requirements to the applicant or permit holder's reclamation plan as are
necessary for the approval of the plan by the department. If the department
refuses to approve a complete reclamation plan within one hundred twenty days,
the miner or permit holder may appeal this determination under the provisions
of this chapter.
Only
insignificant deviations may occur from the approved reclamation plan without
prior written approval by the department for the proposed change.
((The
department retains the authority to require that the reclamation plan be
updated to the satisfaction of the department at least every ten years.))
Sec.
3. RCW
78.44.151 and 1993 c 518 s 23 are each amended to read as follows:
((The
department and)) (1) The permit holder may modify the reclamation
plan at any time during the term of the permit ((for any of the following
reasons:
(1)
To modify the requirements so that they do not conflict with existing or new
laws;
(2)
If the department determines that the previously adopted reclamation plan is
impossible or impracticable to implement and maintain; or
(3)
The previously approved reclamation plan is not accomplishing the intent of
this chapter as determined by the department)) provided
that the modified reclamation plan meets the protections, mitigations, and
reclamation goals of RCW 78.44.091, 78.44.131, and 78.44.141.
(2)
The department may require a permit holder to modify the reclamation plan if
the department determines:
(a)
That the previously approved reclamation plan has not been modified during the
past ten years; or
(b)
That the permit holder has violated or is not substantially following the
previously approved reclamation plan.
(3)
Modified reclamation plans shall be reviewed by the department as lead agency
under SEPA. Such SEPA analyses shall consider only those impacts relating
directly to the proposed modifications. Copies of proposed and approved
modifications shall be sent to the appropriate county, city, or town.
