reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-110 - Consolidation of leases

Current through Register Vol. 24-14, July 15, 2024
The holder of two or more coal mining leases may
				apply to the department for consolidation of leases in order to
				facilitate operations. If the department finds, after investigation
				and examination, that the proposed consolidation will be in the best
				interests of the state, approval will be issued.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-110, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-120 - Re-lease of coal leases

Current through Register Vol. 24-14, July 15, 2024
An existing lessee may make application to re-lease
				the premises for a like term from the department. If the department
				receives no other application and, after inspection and investigation
				regarding the development and improvement of the premises during
				original lease term, determines that it is in the best interests of
				the state to re-lease the premises, it shall fix the royalties for
				the ensuing term and issue a renewal lease for a term up to twenty
				years. If application is received from a new applicant, the state
				shall lease the premises at public auction.
If a person other than the original lessee shall be
				awarded the lease, they shall assume reclamation obligations and
				reimburse the original lessee for the value of the structures,
				improvements or development work which adds value to the premises as
				determined by the department. When bids are evaluated, the department
				shall extend a preference to the existing lessee to meet the terms of
				a higher competing offer.
An application for re-lease shall be filed with the
				department at least sixty days, but not more than one year prior to
				expiration of the lease. Unless a timely application for re-lease is
				made, the department will not recognize any added premises values nor
				will reimbursement be required of a new lessee.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-120, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-130 - Lease-minimum annual royalty

Current through Register Vol. 24-14, July 15, 2024
The lessee shall pay the first year's minimum annual
				per acre royalty prior to execution of the lease. Each subsequent
				minimum per acre royalty payment shall be paid in advance each year.
				Minimum per acre royalty payment shall be credited against production
				royalties due for the same lease year.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-130, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-140 - Late royalty payments - Interest rate

Current through Register Vol. 24-14, July 15, 2024
Past due royalty payments shall bear interest at the
				highest rate permitted by
				RCW 19.52.020 per month.
				Costs of collection, including attorney's fees, shall be recoverable
				in addition to interest.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-140, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-150 - Procedure where surface rights encumbered

Current through Register Vol. 24-14, July 15, 2024
The holder of a coal option contract or a coal lessee
				shall have a right of action in the superior court of the county in
				which the premises are located to ascertain and determine the amount
				of damages, if any, which will accrue to the holder of surface rights
				by reason of the exercise of any of the exploratory, prospecting or
				mining rights conveyed by the department if agreement cannot be
				reached regarding damages. The term of any coal option contract or
				coal mining lease shall begin thirty days after the entry of the
				final judgment in such action, if the action has been pursued with
				due diligence.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-150, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-160 - Surety arrangements

Current through Register Vol. 24-14, July 15, 2024
The lessee shall file a corporate surety bond, cash
				bond, savings account assignment or other surety arrangement
				satisfactory to the department, in an amount determined by the
				department, in order to guarantee performance of the terms and
				conditions of an option contract or mining lease. Such surety
				arrangement shall be submitted for approval prior to commencing
				operations and shall be not less than one thousand dollars for an
				option contract and not less than ten thousand dollars for a mining
				lease. The department may, during the term of contract or lease,
				increase the amount of the surety arrangement for operational changes
				requiring increased levels of performance. The department may
				authorize a single surety arrangement for more than one state lease
				held by a person.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-160, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-170 - Plan of activities - Coal option contract

Current through Register Vol. 24-14, July 15, 2024
The applicant for a coal option contract shall submit
				a plan of activities which shall include but is not limited to the
				following:
(1) The type,
			 location, and schedule of exploratory drilling and trenching
			 activities;
(2) Location
			 of other significant activities, including type and depth of
			 drilling, trenching, and adit construction;
(3) Proposed roads;
(4) Reclamation, including method
			 of plugging and sealing drill holes and adits;
(5) Proposed erosion control plans
			 for roads, landings, drilling platforms, and trenches; and
(6) Proximity to surface water
			 including proposed stream crossings.
If the holder of a coal option contract desires
				changes to the approved plan of activities, department approval is
				required.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-170, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-180 - Plan of development/operation/reclamation - Coal mining lease

Current through Register Vol. 24-14, July 15, 2024
The successful bidder for a coal mining lease
				pursuant to RCW 79.01.672 shall submit a plan for mining to include a
				fully detailed plan for orderly development and extraction of coal
				and reclamation of the premises. The plan will be used as a basis for
				SEPA analysis and evaluation of environmental
				impacts.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-180, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-190 - Reclamation - Federal permit required

Current through Register Vol. 24-14, July 15, 2024
All surface mining and reclamation activities shall
				be in accordance with the terms of a surface mine reclamation permit
				obtained from the U.S. Department of the Interior, Office of Surface
				Mining and Enforcement or a federally approved state
				permit.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-190, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-200 - Diligence and forfeiture

Current through Register Vol. 24-14, July 15, 2024
The holder of any coal mining lease shall expend at
				least fifty thousand dollars per year in exploration, mine
				development, mine operation, or reclamation activities on the
				premises, or on the logical mining unit of which the lands are a part
				unless a written waiver is issued by the department. Proof of such
				expenditure shall be submitted to the department on the anniversary
				date of the lease. By mutual agreement the diligence requirement may
				be met by an in lieu payment of said amount to the state. Failure to
				expend this amount of money may result in forfeiture of the coal
				lease. Applicants for coal leases shall identify the logical mining
				unit in which the lands applied for lie. In the event the department,
				after investigation and examination, finds that the proposed logical
				mining unit will be in the best interest of the state, such
				designation of a logical mining unit will be approved. In the event
				the department finds that the proposed logical mining unit will not
				be in the best interest of the state, the diligence requirements
				shall apply only to the lands included within the lease. The
				boundaries of a designated logical mining unit may be adjusted if a
				coal lease is renewed.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-200, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-210 - Assignments

Current through Register Vol. 24-14, July 15, 2024
Coal mining leases are assignable in accordance with
				RCW 79.01.292. Coal option contracts are not
				assignable.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-210, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-220 - Timber

Current through Register Vol. 24-14, July 15, 2024
No timber owned by the state shall be cut, removed or
				destroyed by a holder of a coal option contract or coal mining lease
				prior to approval by the department. Holder shall mark all timber
				proposed to be cut, removed or destroyed and the department shall
				appraise the timber. The department shall have the option of selling
				the timber or allowing the holder to cut, remove or destroy it upon
				payment of the appraised value.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-220, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-230 - Use of premises

Current through Register Vol. 24-14, July 15, 2024
On premises consumption and blending, commingling,
				washing or storage of coal may be authorized as a part of an approved
				plan of development and mining without payment of additional
				compensation to the department.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-230, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-240 - Right to audit business records

Current through Register Vol. 24-14, July 15, 2024
The department may, during normal business hours,
				examine the premises, improvements, operations or production
				facilities and may inspect books, records or federal income tax
				returns of the lessee in order to ascertain the production of coal
				and to determine compliance with the terms and conditions of the coal
				lease, approved development, mining or reclamation plans or these
				regulations.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-240, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-250 - Plugging and abandonment procedures for exploration drill holes

Current through Register Vol. 24-14, July 15, 2024
All exploration drill holes shall be properly plugged
				and abandoned by the holder of any coal option contract or coal
				mining lessee according to the following requirements:
(1) No drill holes shall be plugged
			 and abandoned until the method and manner of plugging has been
			 approved by the department. Drill holes not necessary for
			 hydrological monitoring measurements shall be plugged and abandoned
			 as soon as practical following drilling and probing. Hydrological
			 monitoring holes shall be cased and capped while in use.
(2) All drill holes in which gas is
			 present, or which exhibit artesian ground water flow, or which
			 encounter ground water zones, shall be plugged with grout, cement or
			 approved gel. These plugs shall extend a minimum of 100 feet above
			 and below all ground water zones or to the top and bottom of the
			 hole.
(3) Plugs below the
			 water level of the drill hole must be made by a method which
			 precludes dilution of the plugging material.
(4) All exploration drill holes
			 must have surface plugs sufficient to effect a permanent seal. The
			 top of the plug must be installed deeper than three feet below the
			 original surface with a permanent identification monument in the soil
			 above the plug.
(5)
			 Unused drilling supplies and debris extraneous to drilling operations
			 must be removed from the premises and the excavation must be
			 backfilled to its approximate original land surface. Each drill site
			 shall be graded to its approximate original contour and shall be left
			 in a stable condition. Within thirty days after completion of all
			 exploration activities, the lessee shall file a sworn statement on a
			 form provided by the department setting forth in detail the methods
			 used in sealing all drill holes and restoring the premises to a
			 stable condition.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-250, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-260 - Access road construction and maintenance standards

Current through Register Vol. 24-14, July 15, 2024
Access roads authorized to be constructed and/or
				maintained on state lands or under right of way easement agreements
				shall conform to standards approved by the
				department.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-260, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-270 - Exploration reports - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
A coal option contract holder or a coal mining lessee
				shall submit a semi-annual report to the department of all
				geophysical, geologic and qualitative coal data, analyses and maps
				which are gathered or prepared during exploration activities on the
				premises. This report shall include sampling information, geologic,
				geophysical and driller's logs and all analytical results. Sampling
				or drilling points shall be referenced by bearing and distances from
				identifiable land marks or by legal description. Such data, analyses
				or maps shall be confidential and not available for public inspection
				or copying for five years from the date of filing the
				report.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-270, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-280 - Compliance with other laws

Current through Register Vol. 24-14, July 15, 2024
All development or production activities authorized
				by the lease shall be conducted in accordance with applicable federal
				and state laws, rules and regulations. Compliance shall be the sole
				responsibility of the holder of any coal option contract or coal
				mining lessee and not the responsibility of the
				department.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-280, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-035 - Prospecting leases and mining contracts - Rental rates, advance minimum royalty, prospecting work requirement, development work requirement and production royalty

Current through Register Vol. 24-14, July 15, 2024
The annual rental for years one through three of a
				mineral prospecting lease shall be $2.00 per acre, or $100.00,
				whichever is greater. The annual rental for years four through seven
				of the lease shall be $3.00 per acre, or $120.00, whichever is
				greater. The department may require that more than one year's annual
				rental be paid in advance prior to issuing the lease.
The annual prospecting work requirement for a mineral
				prospecting lease shall be $3.00 per acre.
The annual advance minimum royalty for years one
				through five of a mining contract shall be $5.00 per acre, or
				$250.00, whichever is greater. The annual advance minimum royalty for
				years six through ten of a mining contract shall be $10.00 per acre,
				or $500.00, whichever is greater. The annual advance minimum royalty
				for years eleven through twenty of a mining contract shall be $20.00
				per acre, or $1,000.00, whichever is greater.
The production royalty rate for mining contracts
				shall be 5% of the gross receipts. The rate to be incorporated into a
				mining contract issued upon conversion from a prospecting lease shall
				be the rate in effect on the date the prospecting lease was
				issued.
The annual development work requirement for a mining
				contract shall be $5.00 per acre.
All annual rental payments and annual advance minimum
				royalty payments must be made in advance, and lack of notice of
				payment due does not relieve the lessee of the obligation to make
				payments when due.
Statutory Authority: RCW 79.01.618, 79.01.088 and
				  79.01.720. 87-21-005 (Order 523, Resolution No. 571), §
				  332-16-035, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-045 - Recreational prospecting permit fee

Current through Register Vol. 24-14, July 15, 2024
The fee for an annual permit for prospecting and
				collecting in designated recreational prospecting areas shall be
				$10.00.
Statutory Authority: RCW 79.01.618, 79.01.088 and
				  79.01.720. 87-21-005 (Order 523, Resolution No. 571), §
				  332-16-045, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-055 - Application for prospecting lease

Current through Register Vol. 24-14, July 15, 2024
Applications for prospecting leases will be received
				during business hours in the office of the Department of Natural
				Resources, Olympia, Washington. Applications must be submitted on
				forms prescribed by the department and accompanied by the application
				fee.
All applications received by any means other than
				United States mail will be stamped with the date and time of receipt
				in the Olympia office. Applications received by United States mail
				will be considered received as of the close of business on that day.
				Applications will be accepted in the order received and priority of
				leasing will be established on this basis. The priority among
				applications filed simultaneously will be by drawing of lots.
If an application is rejected by the department, the
				application fee will be refunded and the applicant informed of the
				reason for rejection. If a portion of the lands applied for are
				encumbered or otherwise not available, such portion will be deleted
				from the application and the applicant notified of the
				change.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-055, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-065 - Conversion of a prospecting lease to a mining contract

Current through Register Vol. 24-14, July 15, 2024
An application to convert a prospecting lease to a
				mining contract must be submitted to the department at least one
				hundred eighty days prior to the expiration of the prospecting lease,
				together with the application fee.
The application shall include a plan of development
				which describes the development, operation and reclamation of the
				property, an environmental checklist and evidence that the
				prospecting work requirements of the lease have been
				met.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-065, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-075 - Prospecting lease not renewable

Current through Register Vol. 24-14, July 15, 2024
A prospecting lease not converted to a mining
				contract shall not be renewable. The holder of an expired prospecting
				lease, or the holder's agents, shall not be entitled to a new lease
				on the premises covered by the prior lease for one year from the date
				of the expired prospecting lease.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-075, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-085 - Failure to execute prospecting leases and mining contracts

Current through Register Vol. 24-14, July 15, 2024
When an applicant fails to sign a lease or contract
				and return the signed document with the rental or minimum royalty
				within thirty days, the application will be rejected and the
				application fee forfeited. Additional time for compliance with this
				section may be granted by the department if the applicant submits a
				written request for additional time to the department within the
				thirty day period.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-085, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-095 - Renewal of mining contract

Current through Register Vol. 24-14, July 15, 2024
The lessee may apply for renewal of a mining
				contract, except placer gold mining contracts issued pursuant to RCW
				79.01.617, by submitting an application, and the application fee,
				within the ninety days prior to the expiration of the
				contract.
The terms of the renewal contract shall be the same
				as those contained in the previous contract unless valuable minerals
				or specified materials are not being produced. The terms of a renewal
				contract on a nonproducing lease shall be governed by the rules and
				rates in effect at the time the renewal contract is
				issued.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-095, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-105 - Performance security

Current through Register Vol. 24-14, July 15, 2024
The department may, at its option, require the lessee
				to file a cash bond, savings account assignment, approved corporate
				surety bond or other form of security satisfactory to the department
				in an amount sufficient to guarantee performance of the terms and
				conditions of the lease or contract. Such security, if required,
				shall be submitted prior to the commencement of prospecting or mining
				operations. The department may reduce or increase the amount of the
				security as a result of operational changes requiring different
				levels of performance. The department may allow a lessee to file a
				single security device, acceptable to the state, in an amount set by
				the department covering all of the lessee's state
				leases.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-105, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-115 - Timber

Current through Register Vol. 24-14, July 15, 2024
No forest products owned by the department shall be
				cut, removed or destroyed unless approved in advance by the
				department. The lessee shall appropriately mark all forest products
				proposed to be cut. Unless the department elects to directly dispose
				of the forest products, the department will appraise the forest
				products and the lessee shall pay the appraised value of such forest
				products within thirty days of billing unless there is a written
				extension of time by the department, and in any event, prior to their
				cutting.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-115, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-125 - Surface rights

Current through Register Vol. 24-14, July 15, 2024
Where the surface rights for the lands described in
				the prospecting lease or mining contract are held by a third party,
				the holder of the prospecting lease or mining contract shall make
				arrangements with the holder of the surface rights to protect the
				surface interests and submit to the department evidence of such
				arrangements, prior to the commencement of prospecting or mining
				activities, in one of the following forms:
(1) Waiver of damages executed by
			 the holder(s) of the surface rights;
(2) Agreement in the form of a
			 letter, contract or memorandum of understanding executed by both the
			 mineral lessee and the holder(s) of the surface rights which provides
			 for the settlement of all disputes and damages;
(3) A court order resolving the
			 issues of access, damage claims and any other disputes.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-125, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-135 - Use of leased premises

Current through Register Vol. 24-14, July 15, 2024
The holder of a prospecting lease may use the leased
				premises as provided in the lease and the approved plan of
				operations, subject to existing rights and payments as otherwise
				provided. Such uses shall be those reasonably necessary for the
				exploration of the premises.
The holder of a prospecting lease may remove valuable
				minerals or specified materials of a value not exceeding $100 for the
				purpose of testing and assaying. The removal of valuable minerals or
				specified materials in excess of this amount requires prior written
				approval of the department, and may be subject to the payment of
				royalties.
The holder of a mining contract may use the leased
				premises as provided in the contract and the approved plan of
				operations, subject to existing rights and payments as otherwise
				provided. Such uses shall be those reasonably necessary for the
				exploration, development, operation and production of valuable
				minerals or specified materials.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-135, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-145 - Prospecting and development work

Current through Register Vol. 24-14, July 15, 2024
Prospecting leases shall require that the lessee
				perform the required annual prospecting work that contributes to the
				mineral evaluation of the premises. The lessee may make payment to
				the department in lieu of prospecting work for not more than three
				years during the term of the lease.
Mining contracts, except those issued for placer gold
				mining pursuant to RCW 79.01.617, shall require that the lessee
				perform the required annual development work that contributes to the
				mineral development of, and production from, the property. The lessee
				may make payment to the department in lieu of the performance of
				development work.
Prospecting work or development work actually
				accomplished during any one lease or contract year in excess of the
				lease or contract requirements may be applied toward the next
				succeeding year only, provided that the work is reported to the
				department at the end of the year in which it was performed,
				accompanied by a written request that the excess be applied to the
				next succeeding year.
All prospecting and development work reported is
				subject to evaluation and confirmation by the department. Work that
				does not directly contribute to the mineral evaluation or development
				of the property will not be accepted. The department shall have the
				right to inspect the work done and to examine all books and records
				pertaining to prospecting and development work reported. Prospecting
				and development work reports shall contain sufficient information,
				including adequate maps, plans, diagrams, locations, and costs to
				indicate the location, amount and type of work accomplished on or
				adjacent to the property and an explanation of how this work
				contributed to the mineral evaluation or development of the
				property.
Upon the written request of the lessee at the time
				the prospecting or development work report is submitted to the
				department, the report shall be considered confidential until a
				written release is obtained from the lessee or the termination,
				cancellation, surrender or expiration of the lease or
				contract.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-145, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-155 - Production royalty

Current through Register Vol. 24-14, July 15, 2024
Production royalties shall be payable as provided in
				the mining contract upon all valuable minerals, specified materials
				or any products whatever which are mined, saved, sold or removed from
				the leased premises.
The production royalty shall be calculated on the
				gross receipts, including all bonuses and allowances paid, earned, or
				received, at the point of sale of the first marketable valuable
				mineral(s) produced from the leased premises, whether or not such
				valuable mineral(s) are produced through chemical or mechanical
				processes, subject only to the deduction of transportation costs
				which transportation costs are part of the development plan approved
				by the department.
The department may set or calculate the production
				royalty in the case of specified materials and other products
				produced from the leased premises based on the volume of material
				removed from the leased premises.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-155, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-165 - Field inspections and audits

Current through Register Vol. 24-14, July 15, 2024
Any person designated by the department shall have
				the right at any time to inspect and examine the lease premises and
				the facilities thereon, and shall have the right during lessee's
				business hours to examine such books, records, tax returns, and
				accounts of the lessee as are directly connected with the
				determination of royalties.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-165, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-175 - Technical data

Current through Register Vol. 24-14, July 15, 2024
In the interest of further developing the mineral
				resources of the state of Washington, lessees shall submit to the
				department copies of all geological, geophysical, geochemical,
				engineering and metallurgical data relating to the property held
				under lease or contract within ninety days of the termination,
				cancellation, surrender or expiration of the lease or contract. All
				of the following data, collected or prepared, are to be
				submitted:
(1) Geologic
			 maps;
(2) Geochemical
			 surveys, including sample location maps and results of tests for each
			 sample;
(3) Geophysical
			 surveys, including accurate station maps, measurements for each
			 station and the results of data reduction, but not proprietary
			 interpretations;
(4)
			 Lithologic logs and geochemical analyses for exploratory drill
			 holes;
(5) Map showing
			 the location and orientation of exploratory drill holes;
(6) Results of metallurgical tests
			 performed on samples from the premises;
(7) Results of engineering studies
			 relating to the competence and stability;
(8) Surveyed level maps for
			 underground workings.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-175, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-185 - Assignments

Current through Register Vol. 24-14, July 15, 2024
The assignment of any lease or contract may be made,
				subject to written approval by the department, upon submitting the
				request on the prescribed form to the department, together with the
				required assignment fee. The assignee shall be subject to and
				governed by the terms and conditions of the lease or contract. The
				approval of an assignment by the department shall not waive
				compliance with any terms and conditions of the lease or contract. No
				assignment of a lease or contract will be approved if any
				delinquencies exist with respect to any of the terms or provisions of
				the lease or contract.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-185, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-195 - Consolidation of mining contracts

Current through Register Vol. 24-14, July 15, 2024
The holder or holders of two or more mining contracts
				may apply to the department for the consolidation of their contracts
				under a common management to facilitate operation of larger-scale
				development.
If the department finds the consolidation to be in
				the best interests of the state, the consolidation will be
				approved.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-195, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-205 - Plan of operations

Current through Register Vol. 24-14, July 15, 2024
Prior to the commencement of prospecting activities
				which disturb the surface, the holder of a prospecting lease shall
				submit a plan of operations which shall include but is not limited to
				the following;
(1) The type,
			 location, and schedule of exploratory drilling and trenching
			 activities;
(2) Location
			 of other significant activities, including type and depth of
			 drilling, trenching, and underground development;
(3) Proposed roads;
(4) Proposed erosion control plans
			 for roads, landings, drilling locations, and trenches; and
(5) Reclamation, including the
			 method of plugging and sealing drill holes and underground openings.
Prior to the commencement of exploration, development
				or mining activities, the holder of a mining contract shall submit a
				plan of operations which includes items (1) through (5), above, and
				the implementation of the plan of development and reclamation
				submitted as part of the application for the mining contract.
If the lessee desires changes to the approved plan of
				operations, department approval is required.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-205, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-215 - Notice of intent to conduct prospecting or operations

Current through Register Vol. 24-14, July 15, 2024
The department must be notified at least fifteen days
				in advance of the commencement of work that includes activities
				approved as part of the lessee's plan of operations, which disturb
				the surface. If the surface rights on all or a portion of the leased
				premises are held by a third party, that party shall be provided a
				copy of the notification of intent to conduct prospecting or
				operations at the same time the department is notified.
Activities which are not part of the lessee's
				approved plan of operations cannot be included in the notice of
				intent.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-215, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-225 - Plugging and abandonment procedures for exploration drill holes

Current through Register Vol. 24-14, July 15, 2024
All exploration drill holes shall be properly plugged
				and abandoned by the lessee in accordance with procedures approved by
				the department.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-225, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-235 - Public auction of known deposits of valuable minerals or specified materials

Current through Register Vol. 24-14, July 15, 2024
The department may offer mining contracts at public
				auction on lands for which the department has information for the
				existence of commercially significant mineral
				deposits.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-235, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-245 - Public auction of placer gold mining contracts

Current through Register Vol. 24-14, July 15, 2024
The department may offer contracts for the mining of
				placer gold at public auction. Mining contracts for placer gold
				issued at public auction shall be for a term of five years and be
				nonrenewable. Payment shall be by bonus bid, if any, and an annual
				rental.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-245, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-16 - Mineral prospecting leases and mining contracts › Section 332-16-255 - Recreational prospecting areas

Current through Register Vol. 24-14, July 15, 2024
The department may consider and evaluate written
				requests to designate specific areas as recreational prospecting
				areas. The criteria for the evaluation of such proposals shall
				include, but not be limited to, use conflicts, the presence of
				minerals in noncommercial quantities, public access and environmental
				sensitivity.
The department shall establish the amount of
				collecting, type of equipment and method(s) of collecting and/or
				prospecting to be allowed in each designated recreational prospecting
				area. Such rules will be based on the character of each area, the
				mineral or minerals sought, and regulations imposed by other state
				agencies.
Following the determination by the department a site
				may be suitable for designation as a recreational prospecting area,
				the department shall hold a public hearing in the county where the
				lands are located. At least fifteen days but not more than thirty
				days before the hearing, the department shall publish a public notice
				setting forth the date, time, and place of the hearing, at least once
				in one or more daily newspapers of general circulation in the county
				and at least once in one or more weekly newspapers circulated in the
				area.
After a recreational prospecting area has been
				designated by the department, the boundaries of the area will be
				marked.
A recreational prospecting permit issued by the
				department of natural resources is required by all persons sixteen
				years of age and older for the use of designated recreational
				prospecting areas for prospecting and mineral collecting. The term of
				the permit shall be a calendar year.
Statutory Authority: RCW 79.01.618. 87-21-007
				  (Order 528), § 332-16-255, filed
				  10/9/87.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-010 - Inspection

Current through Register Vol. 24-14, July 15, 2024
The department shall inspect all geothermal
				operations for the purpose of obtaining compliance with the rules,
				regulations, and orders promulgated by authority of the Geothermal
				Resources Act, chapter 43, Laws of 1974 ex. sess.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-010, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-020 - General rules

Current through Register Vol. 24-14, July 15, 2024
General rules shall be statewide in application
				unless otherwise specifically stated and shall be applicable to all
				lands within the jurisdiction of the state of
				Washington.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-020, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-030 - Supremacy of special rules and orders

Current through Register Vol. 24-14, July 15, 2024
Special rules and orders will be issued as required
				and shall prevail as against general rules if in conflict
				therewith.
Statutory Authority: RCW 79.76.050(2). 79-02-001
				  (Order), § 332-17-030, filed
				  1/4/79.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-17 - Geothermal drilling rules and regulations › Section 332-17-100 - Application for permit to commence drilling, redrilling or deepening

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or operator of any
			 well, or proposed well, before commencing the drilling, redrilling,
			 or deepening of any wells shall file with the department a written
			 application in triplicate of the intention to commence such drilling,
			 redrilling or deepening accompanied by a fee of two hundred dollars
			 as prescribed in RCW 79.76.070, except no fee is required for the
			 drilling of core holes. The application shall be on forms as
			 prescribed by the department and contain the following:
(a) The name of operator or company
			 and address.
(b)
			 Description of the lease or property including acres together with
			 the name and address of the owner or owners of surface and mineral
			 rights.
(c) The proposed
			 location of the well or wells including a typical layout showing the
			 position of mud tanks, reserve pits, cooling towers, pipe racks,
			 etc.
(d) Existing and
			 planned access and lateral roads.
(e) Location and source of water
			 supply and road building material.
(f) Location of supporting
			 facilities.
(g) Other
			 areas of potential surface disturbances.
(h) The topographic features of the
			 land, including drainage patterns.
(i) Methods for disposing of waste
			 materials.
(j) The
			 proposed drilling and casing plan.
(k) A surveyed plat showing the
			 surface and expected bottom-hole locations and the distances from the
			 nearest section or tract lines as shown on the official plat of
			 survey or protracted surveys of each well or wells. The scale shall
			 not be less than 1:24,000.
(l) A narrative statement
			 describing the proposed measures to be taken for protection of the
			 environment, including, but not limited to, the prevention or control
			 of:
(i) Fires,
(ii) Soil erosion,
(iii) Pollution of surface and
			 groundwaters,
(iv) Damage
			 to fish and wildlife or other natural resources,
(v) Air and noise pollution,
			 and
(vi) Hazards to
			 public health and safety during operational activities.
(m) Such other pertinent
			 information or data which the department may require to support the
			 application for the development of geothermal resources and the
			 protection of the environment.
Provisions for monitoring may be required as deemed
				necessary by the department to ensure compliance with these
				regulations.
The collection of data concerning existing air and
				water quality, noise, seismic and land subsidence activities, and the
				ecological system of the area may be required as deemed necessary by
				the department.