Surface Mining Reclamation and Enforcement, Interior § 947.700

15. The Constitution of the State and State 947.827 Special performance standards—coal Law. processing plants and support facilities not located at or near the minesite or [52 FR 11049, Apr. 7, 1987] not within the permit area for a mine. 947.828 Special performance standards—in PART 947—WASHINGTON situ processing. 947.842 Federal inspections. Sec. 947.843 Federal enforcement. 947.700 Washington Federal program. 947.845 Civil penalties. 947.701 General. 947.846 Individual civil penalties. 947.702 Exemption for coal extraction inci- 947.955 Certification of blasters. dental to the extraction of other min- erals. AUTHORITY: 30 U.S.C. 1201 et seq. 947.707 Exemption for coal extraction inci- SOURCE: 48 FR 7883, Feb. 24, 1983, unless dent to government-financed highway or otherwise noted. other construction. 947.761 Areas designated unsuitable for sur- face coal mining by act of Congress. § 947.700 Washington Federal pro- 947.762 Criteria for designating areas as un- gram. suitable for surface coal mining oper- (a) This part contains all rules that ations. are applicable to surface coal mining 947.764 Process for designating areas unsuit- operations in Washington which have able for surface coal mining operations. 947.772 Requirements for coal exploration. been adopted under the Surface Mining 947.773 Requirements for permits and per- Control and Reclamation Act of 1977. mit processing. (b) Most of the rules in this part 947.774 Revision; renewal; and transfer, as- cross-reference pertinent parts of the signment, or sale of permit rights. permanent program regulations in this 947.775 Administrative and judicial review chapter. The full text of a rule is in the of decisions. permanent program rule cited under 947.777 General content requirements for permit applications. the relevant section of the Washington 947.778 Permit applications—minimum re- Federal program. quirements for legal, financial, compli- (c) The rules in this part apply to all ance, and related information. surface coal mining operations in 947.779 Surface mining permit applica- Washington conducted on non-Federal tions—minimum requirements for infor- and non-Indian lands. The rules in Sub- mation on environmental resources. 947.780 Surface mining permit applica- chapter D of this chapter apply to oper- tions—minimum requirements for rec- ations on Federal lands in Washington. lamation and operation plan. (d) The information collection re- 947.783 Underground mining permit applica- quirements contained in this part do tions—minimum requirements for infor- not require approval by the Office of mation on environmental resources. Management and Budget under 44 947.784 Underground mining permit applica- U.S.C. 3507 because there are fewer tions—minimum requirements for rec- lamation and operation plan. than ten respondents annually. 947.785 Requirements for permits for special (e) The following provisions of Wash- categories of mining. ington laws generally provide for more 947.795 Small operator assistance. stringent environmental control and 947.800 Requirements for bonding of surface regulation of some aspects of surface coal mining and reclamation operations. coal mining operations than do the 947.815 Performance standards—coal explo- provisions of the Surface Mining Con- ration. 947.816 Performance standards—surface trol and Reclamation Act and the regu- mining activities. lations in this chapter. Therefore, pur- 947.817 Performance standards—under- suant to section 505(b) of the Act, they ground mining activities. shall not generally be construed to be 947.819 Special performance standards— inconsistent with the Act, unless in a auger mining. particular instance the rules in this 947.822 Special performance standards—op- Chapter are found by OSM to establish erations on alluvial valley floors. more stringent environmental con- 947.823 Special performance standards—op- erations on prime farmland. trols: 947.824 Special performance standards— (1) Washington Clean Air Act, RCW mountaintop removal. 70.94.

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(2) Washington Food Fish and Shell this part demonstrates in the applica- Fish Laws pertaining to the Depart- tion: ment of Fisheries on operation in (1) That such a variance is necessary streams, RCW 75. because of the nature of the terrain, (3) Washington Hydraulic Projects climate, biological, chemical, or other Approval Law, RCW 75.20.100. relevant physical conditions in the (4) Washington Forest Practices Act, area of the mine; and RCW 76.09. (2) If applicable, that the proposed (5) Washington Water Code, RCW variance is no less effective than the 90.03. environmental protection require- (6) Washington Water Pollution Con- ments of the regulations in this pro- trol Act, RCW 90.48. gram and is consistent with the Act. (7) Washington Minimum Water [48 FR 7883, Feb. 24, 1983, as amended at 52 Flows and Levels Act, RCW 90.22. FR 13815, Apr. 24, 1987] (8) Washington Shoreline Manage- ment Act, RCW 90.58. § 947.701 General. (9) Washington Pesticide Control Act, (a) Sections 700.5, 700.11, 700.12, 700.13, RCW 15.58. 700.14, 700.15, and part 701 of this chap- (f) The following are the Washington ter shall apply to surface coal mining law and regulations that generally operations in Washington. interfere with the achievement of the (b) The following modified definitions purposes and requirements of the Act shall be applicable under § 701.5 of this and are, in accordance with section chapter: 504(g) of the Act, preempted and super- (1) Arid and semiarid area means, in seded. Other Washington laws may in the context of alluvial valley floors, an an individual situation interfere with area of the interior western United the purposes and achievements of the States, west of the 100th west Act and may be preempted and super- , experiencing water deficits, seded with respect to the performance where water use by native vegetation standards of §§ 947.815 through 947.828 as equals or exceeds that supplied by pre- they affect a particular coal explo- cipitation. All coalfields located in ration or surface mining operation by west of the 100th merid- publication of a notice to that effect in ian west longitude, all coalfields in the FEDERAL REGISTER. Montana, Wyoming, Utah, , (1) The Washington Surface Mining New , Idaho, Nevada, and Ari- Act of 1971, Revised Code of Wash- zona, the Eagle Pass field in , and ington (RCW) 78.44, as related to sur- the Stone Canyon and the Ione fields in face coal mining, except to the extent California are in arid and semiarid that it regulates surface coal mining areas, except that all coalfields located operations which affect two acres or in the State of Washington west of the less or which otherwise are not regu- crest of the Cascade Mountain Range lated by the Surface Mining Control are not in arid or semiarid areas. and Reclamation Act. (2) Forestry (Forest Land). Includes (2) Surface Mined Land Reclamation land used or managed for the long-term regulations, Washington Administra- production of wood, wood fiber, or tive Code (WAC) 332–18, as they apply wood derived products. All land which to surface coal mining, except to the is capable of supporting a merchant- extent that such regulations apply to able stand of timber and is not being surface coal mining operations which actively used in a manner or for a use affect two acres or less or which other- which is incompatible with timber wise are not regulated by the Surface growing is also included. Land used for Mining Control and Reclamation Act. facilities in support of forest harvest (g) The Secretary may grant a lim- and management operations which is ited variance from the performance adjacent to or an integral part of these standards of §§ 947.815 through 947.828 of operations is also included. this part if the applicant for coal explo- (c) Records required by § 701.14 of this ration approval or a surface coal min- chapter to be made available locally to ing reclamation permit submitted pur- the public shall be retained at the suant to §§ 947.772 through 947.785 of county recorder’s office of the county

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in which an operation is located, and at sources and the Department of Ecology the nearest OSM Field Office. of any area designated unsuitable or for which such designation has been re- [48 FR 7883, Feb. 24, 1983, as amended at 48 FR 22292, May 18, 1983] quested or terminated.

§ 947.702 Exemption for coal extrac- § 947.772 Requirements for coal explo- tion incidental to the extraction of ration. other minerals. (a) Part 772 of this chapter, Require- Part 702 of this chapter, Exemption for ments for Coal Exploration, shall apply Coal Extraction Incidental to the Extrac- to any person who conducts or seeks to tion of Other Minerals, shall apply to conduct coal exploration operations. any person who conducts coal extrac- (b) The Office shall make every effort tion incidental to the extraction of to act on an exploration application other minerals for purposes of commer- within 60 days of receipt or such longer cial use or sale. time as may be reasonable under the circumstances. If additional time is [54 FR 52123, Dec. 20, 1989] needed, OSMRE shall notify the appli- § 947.707 Exemption for coal extrac- cant that the application is being re- tion incident to government-fi- viewed, but that more time is nec- nanced highway or other construc- essary to complete such review, setting tion. forth the reasons and the additional Part 707 of this chapter, Exemption for time that is needed. Coal Extraction Incident to Government- [52 FR 13816, Apr. 24, 1987] Financed Highway or Other Construction, shall apply to surface coal mining and § 947.773 Requirements for permits reclamation operations. and permit processing. (a) Part 773 of this chapter, Require- § 947.761 Areas designated unsuitable for surface coal mining by act of ments for Permits and Permit Processing, Congress. shall apply to any person who applies for a permit for surface coal mining Part 761 of this chapter, Areas Des- and reclamation operations. ignated by Act of Congress, shall apply (b) In addition to the requirements of to surface coal mining and reclamation part 773, the following permit applica- operations. tion review procedures shall apply: § 947.762 Criteria for designating areas (1) Any person applying for a permit as unsuitable for surface coal min- shall submit five copies of the applica- ing operations. tion to the Office. Part 762 of this chapter, Criteria for (2) The Office shall review an applica- Designating Areas Unsuitable for Surface tion for administrative completeness Coal Mining Operations, shall apply to and acceptability for further review surface coal mining and reclamation and shall notify the applicant in writ- operations. ing of the findings. The Office may: (i) Reject a flagrantly deficient appli- § 947.764 Process for designating areas cation, notifying the application of the unsuitable for surface coal mining findings: operations. (ii) Request additional information (a) Part 764 of this chapter, State required for completeness stating spe- Processes for Designating Areas Unsuit- cifically what information must be able for Surface Coal Mining Operations, supplied and negotiate the date by pertaining to petitioning, initial proc- which the information must be sub- essing, hearing requirements, deci- mitted; or sions, data base and inventory systems, (iii) Judge the application adminis- public information, and regulatory re- tratively complete and acceptable for sponsibilities shall apply to surface further review. coal mining and reclamation oper- (3) Should the applicant not submit ations. the information as required by (b) The Secretary shall notify the § 947.773(b)(2)(ii) by the specified date, Washington Department of Natural Re- the Office may reject the application.

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When the applicant submits the re- of the proposed permit boundaries, top- quired information by the specified soil storage areas, sediment control date, the Office shall review it and ad- structures, roads, and other significant vise the applicant concerning its ac- features contained in the application ceptability. marked by flags. (4) When the applicant is judged ad- (c) In addition to the information re- ministratively complete, the applicant quired by subchapter G of this chapter, shall be advised by the Office to file the Office may require an applicant to the public notice required by § 773.6 of submit supplementary information to this chapter. ensure compliance with applicable Fed- (5) A representative of the Office shall visit the proposed permit area to eral laws and regulations other than determine whether the operation and the Act. reclamation plans are consistent with (d) The Secretary shall coordinate, to actual site conditions. The applicant the extent practicable, his responsibil- will be notified in advance of the time ities under the following Federal laws of the visit. At the time of the visit, with the relevant Washington State the applicant shall have the locations laws to avoid duplication:

Federal law Washington law

(1) Clean Water Act, as amended 33 U.S.C. 1251 et seq ...... Water Pollution Control Act, Chapter 90.48 RCW (2) Clean Air Act, as amended 42 U.S.C. 7401 et seq ...... Washington Clean Air Act, Chapter 70.94 RCW. (3) Resource Conservation and Recovery Act, 42 U.S.C. 3251 Solid Waste Management, Chapter 70.95 RCW: Hazardous Waste Disposal Act, Chapter 70.105 RCW. (4) National Historic Preservation Act, RCW, 16 U.S.C. 470 et Indian Graves and Records, Chapter 27.44. seq.. (5) Archeological and Historic Preservation Act, 16 U.S.C. 469 Archeological Sites and Resources, Chapter 27.53 RCW, Of- et seq. fice of Archeology and Historic Preservation, Chapter 43.51A, RCW. (6) National Environmental Policy 42 U.S.C. 4321 et seq ...... State Environmental Policy Act, Chapter 43.21C RCW. (7) Coastal Zone Management Act 16 U.S.C. 1451, 1453–1464 Shoreline Management Act, Chapter 90.58, RCW. (8) Section 208 of the Clean Water Act, as amended, 33 Water Pollution Control Act, Chapter 90.48 RCW: Washington U.S.C. 1251 et seq. Forest Practices Act, Chapter 76.09 RCW. (9) Endangered Species Act, 16 U.S.C. 1531 et seq ...... Natural Area Preserves Act (Plants), Chapter 79.70, RCW: De- partment of Game, Chapter 43.17 RCW: Game Commission, Chapter 77.08, RCW. (10) Fish and Wildlife Coordination Act 16 U.S.C. 661–667 ...... Water Resources Act of 1971, Chapter 90.54 RCW: Minimum Water Flows and Levels, Chapter 90.22 RCW. (11) Noise Control Act, 42 U.S.C. 4903 ...... Noise Control Act of 1974, Chapter 70.107 RCW. (12) Bald Eagle Protection Act 16 U.S.C. 668–668(d).

(e) The Secretary shall coordinate Sewage Facilities Approval, RCW 90.48.110 the SMCRA permit with appropriate Water Quality Certification, RCW 90.48.160 State and regional or local agencies to (2) Department of Natural Resources: the extent possible, to avoid duplica- tion with the following state and re- Burning Permit, RCW 77.04.150 & .170 gional or local regulations: Dumping Permit, RCW 76.04.242 Operating Permit for Machinery, RCW (1) Department of Ecology: 76.04.275 Surface Water Rights Permit, RCW 90.03.250 Cutting Permit, RCW 76.08.030 Dam Safety Approval, RCW 90.03.350 Forest Practices, RCW 76.09.060 Reservoir Permit, RCW 90.03.370 Right of Way Clearing, RCW 76.04.310 Approval of Change of Place or Purpose of Drilling Permit, RCW 78.52.120 Use (water) RCW 90.03.380 (3) Regional Air Pollution Control Ground Water Permit, RCW 90.44.050 Agencies: New Source Construction Approval, RCW 79.94.152 New Source Construction Approval (RCW Burning Permit, RCW 70.94.650 70.94.152) Flood Control Zone Permit, RCW 86.16.080 Burning Permit, RCW 70.94.650 Waste Discharge Permit, RCW 90.48.180 National Pollution Discharge Elimination (4) Department of Fisheries: System (NPDES) Permit, RCW 90.48 Hydraulic Permit, RCW 75.20 Approval of Change of Point of Diversion, RCW 90.03.380 (5) Department of Game:

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Hydraulic Permit, RCW 75.20.100 ceipt or such longer time as may be (6) Department of Social Health reasonable under the circumstances. If Services: additional time is needed, OSMRE shall notify the applicant that the ap- Public Sewage, WAC 248.92 plication is being reviewed, but that Public Water Supply, WAC 248.54 more time is necessary to complete (7) Department of Labor and Indus- such review, setting forth the reasons tries: and the additional time that is needed. Explosive license, RCW 70.74.135 (c) In addition to the requirements of Blaster’s license, WAC 296.52.040 part 774 of this chapter, any person Purchaser’s license, WAC 296.52.220 having an interest which is or may be Storage Magazine license, WAC 296.52.170 adversely affected by a decision on the (8) Cities and Counties: transfer, assignment, or sale of permit New Source Construction Approval. RCW rights, including an official of any Fed- 70.94.152 eral, State, or local government agen- Burning Permit, RCW 79.94.650 cy, may submit written comments on Shoreline Substantial Development Permit, the application to the Office within RCW 90.58.140 thirty days of either the publication of Zoning and Building Permits, Local Ordi- the newspaper advertisement required nances by § 774.17(b)(2) of this chapter or re- (f) Where applicable, no person shall ceipt of an administratively complete conduct coal exploration operations application, whichever is later. which result in the removal of more than 250 tons in one location or surface [52 FR 13817, Apr. 24, 1987, as amended at 65 coal mining and reclamation oper- FR 79672, Dec. 19, 2000] ations without first obtaining permits required by the State of Washington. § 947.775 Administrative and judicial review of decisions. (g) The Secretary shall provide a copy of the decision to grant or deny a Part 775 of this chapter, Administra- permit application to the Washington tive and Judicial Review of Decisions, Department of Natural Resources, the shall apply to all decisions on permits. Department of Ecology and to the [52 FR 13817, Apr. 24, 1987] County Department of Planning, if any, in which the operation is located. § 947.777 General content require- [52 FR 13816, Apr. 24, 1987, as amended at 65 ments for permit applications. FR 79672, Dec. 19, 2000] Part 777 of this chapter, General Con- § 947.774 Revision; renewal; and trans- tent Requirements for Permit Applica- fer, assignment, or sale of permit tions, shall apply to any person who ap- rights. plies for a permit to conduct surface (a) Part 774 of this chapter, Revision; coal mining and reclamation oper- Renewal; and Transfer, Assignment, or ations. Sale of Permit Rights, shall apply to any [52 FR 13817, Apr. 24, 1987] such actions involving surface coal mining and reclamation operations § 947.778 Permit applications—min- permits. imum requirements for legal, finan- (b) Any revision to the approved per- cial, compliance, and related infor- mit will be subject to review and ap- mation. proval by OSMRE. Part 778 of this chapter, Permit Appli- (1) Significant revisions shall be cations—Minimum Requirements for processed as if they are new applica- Legal, Financial, Compliance, and Re- tions in accordance with the public no- lated Information, shall apply to any tice and hearing provisions of §§ 773.6, person who applies for a permit to con- 773.19(b) (1) and (2), and 778.21 and of part 775. duct surface coal mining and reclama- (2) OSMRE shall make every effort to tion operations. approve or disapprove an application [52 FR 13817, Apr. 24, 1987] for permit revision within 60 days of re-

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§ 947.779 Surface mining permit appli- (b) Any application for an under- cations—minimum requirements for ground mining permit which will information on environmental re- produce more than 1,000,000 tons per sources. year shall demonstrate specific compli- Part 779 of this chapter, Surface Min- ance with local Air Pollution Control ing Permit Applications—Minimum Re- Authorities and the Washington Clean quirements for Information on Environ- Air Act, RCW 70.94. mental Resources, shall apply to any (c) Any applicant for an underground person who makes application to con- mining permit shall also indicate how duct surface coal mining and reclama- compliance will be achieved with the tion operations. Washington Water Pollution Control Act, RCW 90.48. § 947.780 Surface mining permit appli- cation—minimum requirements for § 947.785 Requirements for permits for reclamation and operation plan. special categories of mining. (a) Part 780 of this chapter, Surface Part 785 of this chapter, Requirements Mining Permit Application—Minimum Re- for Permits for Special Categories of Min- quirements for Reclamation and Oper- ing, shall apply to each person who ation Plan, shall apply to any person makes application for a permit to con- who makes application to conduct sur- duct certain categories of surface coal face coal mining and reclamation oper- mining and reclamation operations as ations, except for § 780.15(a) of that specified therein. part. (b) Any applicant for a surface coal § 947.795 Small operator assistance. mining permit which is to produce Part 795 of this chapter, Small Oper- more than 1,000,000 tons per year shall ator Assistance, shall apply to any per- demonstrate compliance with local Air son making application for assistance Pollution Control Authorities and the under the small operator assistance Washington Clean Air Act, RCW 70.94. program. (c) Any applicant for a surface min- ing permit shall describe the steps § 947.800 Requirements for bonding of taken to comply with the Washington surface coal mining and reclama- Water Pollution Control Act, RCW tion operations. 90.48. Part 800 of this chapter, Requirements [48 FR 7883, Feb. 24, 1983, as amended at 48 for Bonding of Surface Coal Mining and FR 22292, May 18, 1983] Reclamation Operations Under Regu- latory Programs, shall apply to all sur- § 947.783 Underground mining permit face coal mining and reclamation oper- applications—minimum require- ments for information on environ- ations. mental resources. § 947.815 Performance standards—coal Part 783 of this chapter, Underground exploration. Mining Permit Applications—Minimum Requirements for Information on Environ- (a) Part 815 of this chapter, Perma- mental Resources, shall apply to any nent Program Performance Standards— person who submits an application to Coal Exploration, shall apply to any per- conduct underground coal mining oper- son conducting coal exploration oper- ations. ations. (b) Any person who conducts coal ex- § 947.784 Underground mining permit ploration operations shall comply with applications—minimum require- the Washington Forest Practices Act, ments for reclamation and oper- RCW 76.09, and regulations promul- ation plan. gated pursuant to it. (a) Part 784 of this chapter, Under- ground Mining Permit Applications—Min- § 947.816 Performance standards—sur- imum Requirements for Reclamation and face mining activities. Operation Plan, shall apply to any per- (a) Part 816 of this chapter, Perma- son who makes application to conduct nent Program Performance Standards— underground coal mining operations. Surface Mining Activities, shall apply to

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any person who conducts surface coal fields in Washington west of the crest mining and reclamation operations. of the Cascade Mountain Range. (b) All operators shall have a plan of [48 FR 22292, May 18, 1983] reclamation approved by the Wash- ington Department of Fisheries for op- § 947.823 Special performance stand- eration in affected streams, RCW 75, ards—operations on prime farm- and shall comply with the Hydraulic land. Project Approval Law, RCW 75.20.100, Part 823 of this chapter, Special Per- the Shoreline Management Act, RCW manent Program Performance Stand- 90.58, the Forest Practices Act, RCW ards—Operations on Prime Farmland, 76.09, the Water Pollution Control Act, shall apply to any person who conducts RCW 90.48, the Minimum Water Flows surface coal mining and reclamation and Levels Act, RCW 90.22, and the Pes- operations on prime farmland. ticide Control Act, RCW 15.58, and reg- ulations promulgated pursuant to § 947.824 Special performance stand- these laws. ards—mountaintop removal. Part 824 of this chapter, Special Per- § 947.817 Performance standards—un- manent Program Performance Stand- derground mining activities. ards—Mountaintop Removal, shall apply (a) Part 817 of this chapter, Perma- to any person who conducts surface nent Program Performance Standards— coal mining operations constituting Underground Mining Activities, shall mountaintop removal mining. apply to any person who conducts un- derground coal mining operations. § 947.827 Special performance stand- ards—coal processing plants and (b) All operators shall have a plan of support facilities not located at or reclamation approved by the Wash- near the minesite or not within the ington Department of Fisheries for op- permit area for a mine. eration in affected streams, RCW 75, Part 827 of this chapter, Special Per- and shall comply with the Hydraulic manent Program Performance Stand- Project Approval Law, RCW 75.20.100, ards—Coal Processing Plants and Support the Shoreline Management Act, RCW Facilities Not Located at or Near the 90.58, the Forest Practices Act, RCW, Minesite or Not Within the Permit Area 76.09, the Water Pollution Control Act, for a Mine, shall apply to any person RCW 90.48, the Minimum Water Flows who conducts surface coal mining and and Levels Act, RCW 90.22, the Pes- reclamation operations which include ticide Control Act, RCW 15.58, and the the operation of coal processing plants Washington Water Code, RCW 90.03, and support facilities not located at or and regulations promulgated pursuant near the minesite and not within the to these laws. permit area for a mine.

§ 947.819 Special performance stand- § 947.828 Special performance stand- ards—auger mining. ards—in situ processing. Part 819 of this chapter, Special Per- Part 828 of this chapter, Special Per- manent Program Performance Stand- manent Program Performance Stand- ards—Auger Mining, shall apply to any ards—In Situ Processing, shall apply to person who conducts surface coal min- any person who conducts in situ proc- ing operations which include auger essing activities. mining. § 947.842 Federal inspections. § 947.822 Special performance stand- (a) Part 842 of this chapter, Federal ards—operations on alluvial valley Inspections, shall apply to all explo- floors. ration and surface coal mining and rec- Part 822 of this chapter, Special Per- lamation operations. formance Standards—Operations on Allu- (b) Upon request OSM shall furnish a vial Valley Floors, shall apply to any copy of any inspection report to the person who conducts surface coal min- Washington Department of Natural Re- ing and reclamation operations on allu- sources and the Department of Ecol- vial valley floors, except in those coal- ogy. If there is a planning department

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in the county government where the 948.16 Required regulatory program amend- operation is located, a copy of the en- ments. forcement action shall be furnished to 948.20 Approval of State abandoned mine lands reclamation plan. that agency. 948.25 Approval of West Virginia abandoned mine lands reclamation plan amend- § 947.843 Federal enforcement. ments. (a) Part 843 of this chapter, Federal 948.26 Required abandoned mine land rec- Enforcement, shall apply when enforce- lamation program/plan amendments. ment action is required for violations [Reserved] 948.30 State-Federal Cooperative Agree- on surface coal mining and reclama- ment. tion operations. (b) Upon request OSM shall furnish a AUTHORITY: 30 U.S.C. 1201 et seq. copy of each enforcement action docu- § 948.1 Scope. ment and order to show cause issued pursuant to this section to the Wash- This part contains all rules applica- ington Department of Natural Re- ble only within West Virginia that sources and the Department of Ecol- have been adopted under the Surface ogy. If there is a planning department Mining Control and Reclamation Act of in the county government where the 1977. operation is located, a copy of the en- [46 FR 5954, Jan. 21, 1981] forcement action shall be furnished to that agency. § 948.10 State regulatory program ap- proval. § 947.845 Civil penalties. The West Virginia program, as sub- Part 845 of this chapter, Civil Pen- mitted on March 3, 1980, as clarified on alties, shall apply when civil penalties July 16, 1980, and as resubmitted on De- are assessed for violations on surface cember 19, 1980, is conditionally ap- coal mining and reclamation oper- proved, effective January 21, 1981. Be- ations. ginning on that date and continuing until July 11, 1985, the Department of § 947.846 Individual civil penalties. Natural Resources was deemed the reg- Part 846 of this chapter, Individual ulatory authority in West Virginia for Civil Penalties, shall apply to the as- all surface coal mining and reclama- tion operations and all exploration op- sessment of individual civil penalties erations on non-Federal and non-Indian under section 518(f) of the Act. lands. Beginning on July 11, 1985, the [53 FR 3676, Feb. 8, 1988] Department of Energy was deemed the regulatory authority pursuant to the § 947.955 Certification of blasters. program transfer provisions of Enrolled Part 955 of this chapter, Certification Committee Substitute for House Bill of Blasters in Federal Program States and 1850, as signed by the Governor of West on Indian Lands, shall apply to the Virginia on May 3, 1985. Beginning on training, examination and certification October 16, 1991, the Division of Envi- of blasters for surface coal mining and ronmental Protection was deemed the reclamation operations. regulatory authority pursuant to En- rolled Committee Substitute for House [51 FR 19462, May 29, 1986] Bill 217 that was signed by the Gov- ernor on October 25, 1991. On December PART 948—WEST VIRGINIA 3, 1991, OSM found that it was not nec- essary to amend the State program to Sec. effect the redesignation of the regu- 948.1 Scope. latory authority from the Division of 948.10 State regulatory program approval. Energy to the Division of Environ- 948.12 State statutory, regulatory, and pro- mental Protection (58 FR 42904, August posed program amendment provisions not approved. 12, 1993). Beginning on April 14, 2001, 948.13 State statutory and regulatory provi- the Department of Environmental Pro- sions set aside. tection was deemed the regulatory au- 948.15 Approval of West Virginia regulatory thority pursuant to Enrolled Com- program amendments. mittee Substitute for House Bill 2218.

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