RCW 78.44.121
Reclamation setbacks—Exemption.
Reclamation setbacks shall be as follows unless waived by the department:
(1) The reclamation setback for unconsolidated deposits within mines permitted after June 30, 1993, shall be equal to the maximum anticipated height of the adjacent working face or as determined by the department. Setbacks and buffers may be destroyed as part of final reclamation of each segment if approved by the department.
(2) The minimum reclamation setback for consolidated materials within mines permitted after June 30, 1993, shall be thirty feet or as determined by the department.
(3) An exemption from this section may be granted by the department following a written request. The department may consider submission of a plan for backfilling acceptable to the department, a geotechnical slope-stability study, proof of a dedicated source of fill materials, written approval of contiguous landowners, and other information before granting an exemption.
[ 1993 c 518 § 18.]
NOTES:
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
Structure Revised Code of Washington
Title 78 - Mines, Minerals, and Petroleum
Chapter 78.44 - Surface Mining.
78.44.010 - Legislative finding.
78.44.040 - Administration of chapter—Rule-making authority.
78.44.045 - Surface mining reclamation account.
78.44.055 - Surface mining of coal—Preemption of chapter by federal laws, programs.
78.44.060 - Investigations, research, etc.—Dissemination of information.
78.44.070 - Cooperation with other agencies—Receipt and expenditure of funds.
78.44.081 - Reclamation permits required—Applications.
78.44.083 - Reclamation permit—Refusal to issue.
78.44.085 - Application fee—Annual permit fee—Confidential records—Appeals—Collection of fees.
78.44.087 - Performance security required—Department authority.
78.44.091 - Reclamation plans—Approval process.
78.44.101 - Joint reclamation plans may be required.
78.44.111 - Segmental reclamation—Primary objective.
78.44.121 - Reclamation setbacks—Exemption.
78.44.141 - Reclamation—Minimum standards—Waiver.
78.44.151 - Reclamation plans—Modification, when required—SEPA.
78.44.171 - Reclamation—Transfer of permits.
78.44.181 - Reclamation—Report by permit holder on anniversary date.
78.44.190 - Deficiencies—Order to rectify—Time extension.
78.44.210 - Suspension of a reclamation permit.
78.44.220 - Declaration of abandonment—Reclamation—Subsequent miner.
78.44.230 - Abandonment—Cancellation of the reclamation permit.
78.44.240 - Reclamation by the department—Order to submit performance security—Cost recovery.
78.44.250 - Fines—Civil penalties—Damage recovery.
78.44.260 - Operating without permit—Penalty.
78.44.280 - Underground operation—Surface disturbances subject to chapter.
78.44.300 - Reclamation awards—Recognition of excellence.
78.44.310 - Reclamation consulting—No cost service.
78.44.320 - Definitions applicable to RCW 78.44.330.
78.44.330 - Mineral trespass—Penalty.
78.44.340 - Mineral trespass—Limitation on application.
78.44.350 - Blanket performance security.
78.44.370 - Notice of correction.
78.44.390 - Cancellation of a reclamation permit.