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. 681 VerDate Sep<11>2014 15:50 Dec 21, 2020 Jkt 250127 PO 00000 Frm 00691 Fmt 8010 Sfmt 8010 Q:\30\30V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 947.701 30 CFR Ch. VII (7–1–20 Edition) (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 meridian west Act and may be preempted and super- longitude, 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 North Dakota 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, Colorado, (1) The Washington Surface Mining New Mexico, Idaho, Nevada, and Ari- Act of 1971, Revised Code of Wash- zona, the Eagle Pass field in Texas, 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 682 VerDate Sep<11>2014 15:50 Dec 21, 2020 Jkt 250127 PO 00000 Frm 00692 Fmt 8010 Sfmt 8010 Q:\30\30V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Surface Mining Reclamation and Enforcement, Interior § 947.773 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.