Surface Mining Reclamation and Enforcement, Interior § 947.700

PART 947—WASHINGTON 947.828 Special performance standards—in 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- § 947.700 Washington Federal pro- face coal mining by act of Congress. gram. 947.762 Criteria for designating areas as un- (a) This part contains all rules that suitable for surface coal mining oper- are applicable to surface coal mining ations. 947.764 Process for designating areas unsuit- operations in Washington which have able for surface coal mining operations. been adopted under the Surface Mining 947.772 Requirements for coal exploration. Control and Reclamation Act of 1977. 947.773 Requirements for permits and per- (b) Most of the rules in this part mit processing. cross-reference pertinent parts of the 947.774 Revision; renewal; and transfer, as- permanent program regulations in this signment, or sale of permit rights. chapter. The full text of a rule is in the 947.775 Administrative and judicial review permanent program rule cited under of decisions. the relevant section of the Washington 947.777 General content requirements for Federal program. permit applications. 947.778 Permit applications—minimum re- (c) The rules in this part apply to all quirements for legal, financial, compli- surface coal mining operations in ance, and related information. Washington conducted on non-Federal 947.779 Surface mining permit applica- and non-Indian lands. The rules in Sub- tions—minimum requirements for infor- chapter D of this chapter apply to oper- mation on environmental resources. ations on Federal lands in Washington. 947.780 Surface mining permit applica- (d) The information collection re- tions—minimum requirements for rec- quirements contained in this part do lamation and operation plan. not require approval by the Office of 947.783 Underground mining permit applica- Management and Budget under 44 tions—minimum requirements for infor- mation on environmental resources. U.S.C. 3507 because there are fewer 947.784 Underground mining permit applica- than ten respondents annually. tions—minimum requirements for rec- (e) The following provisions of Wash- lamation and operation plan. ington laws generally provide for more 947.785 Requirements for permits for special stringent environmental control and categories of mining. regulation of some aspects of surface 947.795 Small operator assistance. coal mining operations than do the 947.800 Requirements for bonding of surface provisions of the Surface Mining Con- coal mining and reclamation operations. trol and Reclamation Act and the regu- 947.815 Performance standards—coal explo- lations in this chapter. Therefore, pur- ration. 947.816 Performance standards—surface suant to section 505(b) of the Act, they mining activities. shall not generally be construed to be 947.817 Performance standards—under- inconsistent with the Act, unless in a ground mining activities. particular instance the rules in this 947.819 Special performance standards— Chapter are found by OSM to establish auger mining. more stringent environmental con- 947.822 Special performance standards—op- trols: erations on alluvial valley floors. (1) Washington Clean Air Act, RCW 947.823 Special performance standards—op- 70.94. erations on prime farmland. (2) Washington Food Fish and Shell 947.824 Special performance standards— mountaintop removal. Fish Laws pertaining to the Depart- 947.827 Special performance standards—coal ment of Fisheries on operation in processing plants and support facilities streams, RCW 75. not located at or near the minesite or (3) Washington Hydraulic Projects not within the permit area for a mine. Approval Law, RCW 75.20.100.

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(4) Washington Forest Practices Act, relevant physical conditions in the RCW 76.09. area of the mine; and (5) Washington Water Code, RCW (2) If applicable, that the proposed 90.03. variance is no less effective than the (6) Washington Water Pollution Con- environmental protection require- trol Act, RCW 90.48. ments of the regulations in this pro- (7) Washington Minimum Water gram and is consistent with the Act. Flows and Levels Act, RCW 90.22. [48 FR 7883, Feb. 24, 1983, as amended at 52 (8) Washington Shoreline Manage- FR 13815, Apr. 24, 1987] ment Act, RCW 90.58. (9) Washington Pesticide Control Act, § 947.701 General. RCW 15.58. (a) Sections 700.5, 700.11, 700.12, 700.13, (f) The following are the Washington 700.14, 700.15, and part 701 of this chap- law and regulations that generally ter shall apply to surface coal mining interfere with the achievement of the operations in Washington. purposes and requirements of the Act (b) The following modified definitions and are, in accordance with section shall be applicable under § 701.5 of this 504(g) of the Act, preempted and super- chapter: seded. Other Washington laws may in (1) Arid and semiarid area means, in an individual situation interfere with the context of alluvial valley floors, an the purposes and achievements of the area of the interior western United Act and may be preempted and super- States, west of the 100th west seded with respect to the performance , experiencing water deficits, standards of §§ 947.815 through 947.828 as where water use by native vegetation they affect a particular coal explo- equals or exceeds that supplied by pre- ration or surface mining operation by cipitation. All coalfields located in publication of a notice to that effect in west of the 100th merid- the FEDERAL REGISTER. ian west longitude, all coalfields in (1) The Washington Surface Mining Montana, Wyoming, Utah, , Act of 1971, Revised Code of Wash- New , Idaho, Nevada, and Ari- ington (RCW) 78.44, as related to sur- zona, the Eagle Pass field in , and face coal mining, except to the extent the Stone Canyon and the Ione fields in that it regulates surface coal mining California are in arid and semiarid operations which affect two acres or areas, except that all coalfields located less or which otherwise are not regu- in the State of Washington west of the lated by the Surface Mining Control crest of the Cascade Mountain Range and Reclamation Act. are not in arid or semiarid areas. (2) Surface Mined Land Reclamation (2) Forestry (Forest Land). Includes regulations, Washington Administra- land used or managed for the long-term tive Code (WAC) 332–18, as they apply production of wood, wood fiber, or to surface coal mining, except to the wood derived products. All land which extent that such regulations apply to is capable of supporting a merchant- surface coal mining operations which able stand of timber and is not being affect two acres or less or which other- actively used in a manner or for a use wise are not regulated by the Surface which is incompatible with timber Mining Control and Reclamation Act. growing is also included. Land used for (g) The Secretary may grant a lim- facilities in support of forest harvest ited variance from the performance and management operations which is standards of §§ 947.815 through 947.828 of adjacent to or an integral part of these this part if the applicant for coal explo- operations is also included. ration approval or a surface coal min- (c) Records required by § 701.14 of this ing reclamation permit submitted pur- chapter to be made available locally to suant to §§ 947.772 through 947.785 of the public shall be retained at the this part demonstrates in the applica- county recorder’s office of the county tion: in which an operation is located, and at (1) That such a variance is necessary the nearest OSM Field Office. because of the nature of the terrain, [48 FR 7883, Feb. 24, 1983, as amended at 48 climate, biological, chemical, or other FR 22292, May 18, 1983]

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