Revised Code of Washington
Chapter 78.44 - Surface Mining.
78.44.151 - Reclamation plans—Modification, when required—SEPA.

RCW 78.44.151
Reclamation plans—Modification, when required—SEPA.

(1) The permit holder may modify the reclamation plan at any time during the term of the permit provided that the modified reclamation plan meets the protections, mitigations, and reclamation goals of RCW 78.44.091, 78.44.131, and 78.44.141.
(2) The department may require a permit holder to modify the reclamation plan if the department determines:
(a) That the previously approved reclamation plan has not been modified during the past ten years; or
(b) That the permit holder has violated or is not substantially following the previously approved reclamation plan.
(3) Modified reclamation plans shall be reviewed by the department as lead agency under SEPA. Such SEPA analyses shall consider only those impacts relating directly to the proposed modifications. Copies of proposed and approved modifications shall be sent to the appropriate county, city, or town.

[ 1997 c 192 § 3; 1993 c 518 § 23.]
NOTES:

Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 78 - Mines, Minerals, and Petroleum

Chapter 78.44 - Surface Mining.

78.44.010 - Legislative finding.

78.44.011 - Intent.

78.44.020 - Purposes.

78.44.031 - Definitions.

78.44.040 - Administration of chapter—Rule-making authority.

78.44.045 - Surface mining reclamation account.

78.44.050 - Exclusive authority to regulate reclamation—Department may delegate enforcement authority to counties, cities, towns—Other laws not affected.

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.

78.44.131 - Reclamation specifics—Basic objective—Modifications for metals mining and milling operations—Timeline.

78.44.141 - Reclamation—Minimum standards—Waiver.

78.44.151 - Reclamation plans—Modification, when required—SEPA.

78.44.161 - Reclamation compliance—Inspection of disturbed area—Special inspection requirements for metals mining and milling operations.

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.

78.44.200 - Immediate danger—Emergency notice and order to rectify deficiencies—Emergency order to suspend surface mining.

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.

78.44.270 - Appeals—Standing.

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.

78.44.360 - Performance security insufficient to cover cost of reclamation—Lien established in favor of department.

78.44.370 - Notice of correction.

78.44.380 - Stop work orders.

78.44.390 - Cancellation of a reclamation permit.

78.44.910 - Previously mined land.

78.44.920 - Effective date—1970 ex.s. c 64.