WSR 07-16-071

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

NATURAL RESOURCES

[ Filed July 27, 2007, 11:29 a.m. ]

Subject of Possible Rule Making: The department of natural resources is pursuing the adoption of a rule regarding blanket reclamation performance securities under the Surface Mining Act, chapter 78.44 RCW. The adoption of this rule should be of interest to all surface mine permit holders and landowners who maintain multiple surface mines and wish to avoid multiple performance securities.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 78.44.350 and 78.44.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Surface Mining Act requires the posting of reclamation performance securities for each surface mine to cover the cost of reclamation, RCW 78.44.087. In 2006, the legislature authorized surface mine permit holders or landowners to post blanket performance securities to cover the potential reclamation cost of multiple surface mines, RCW 78.44.350. Applicants and proposed surface mines must satisfy certain criteria for inclusion into the blanket security by way of the proposed new rule.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: There are no other government-agency regulatory authorities involved with reclamation performance securities.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. You may participate by providing written comments or by attending negotiated rule-making meetings. Preliminary negotiations have occurred with several surface mining permit holders. Future drafts will be available upon request. Comments regarding this notice of negotiated rule making or of draft rules may be sent to John Bromley, Surface Mine Reclamation Program, P.O. Box 47007, Olympia, WA 98504-7007, phone (360) 902-1465, fax (360) 902-1785, e-mail john.bromley@dnr.wa.gov.

July 27, 2007

Vicki Christiansen

Executive Director

Regulatory Programs

Washington State Code Reviser's Office