Surface Mining Reclamation Permit
What is the purpose of this permit?
A Surface Mine Reclamation Permit is required for each mine that: (1) results in more than 3 acres of mine-related disturbance, or (2) has a high-wall that is both higher than 30 feet and steeper than 45 degrees. "Reclamation" means "rehabilitation for the appropriate future use of disturbed areas resulting from surface mining including areas under associated mineral processing equipment, areas under stockpiled materials, and aboveground waste rock and tailing facilities, and all other surface disturbances associated with underground mines" (RCW 78.44.031(12)). The basic objective of reclamation is to reestablish on a perpetual basis the vegetative cover, soil stability, and water conditions appropriate to the approved subsequent use of the surface mine and to prevent or mitigate future environmental degradation. To ensure high quality reclamation after mining, the Department of Natural Resources (DNR) requires a reclamation plan that specifies the operators' methods for achieving the following reclamation goals:
- Segmental reclamation where possible (reclaiming portions of the mine site as mining of those portions is completed).
- Preservation of subsoil and topsoil.
- Slope restoration so mined faces are stable and are sinuous, rather than linear, so that features appear natural rather than manmade.
- Final topography with rolling mounds and hills, sinuous contours, chutes, buttresses and spurs that blend with adjacent topography.
- Effective re-vegetation with multi-species ground cover, trees and shrubs.
- Water and erosion control as it pertains to reclamation.
Local governments must formally approve mine siting and/or the subsequent use of the mine site before a reclamation permit can be issued. Zoning and mine operations like fencing, excavation, blasting, operational water and erosion control, noise and dust emission control, public safety, mineral processing, and batching, are primarily regulated by various jurisdictions other than DNR. A bond for reclamation is required before the reclamation permit can be issued and before mining related disturbance can exceed the thresholds of a surface mine as set forth in
RCW 78.44.031(17)(a).
Who issues this permit?
Department of Natural ResourcesWhat activities require this permit?
Surface mining. A reclamation permit is required by DNR for any area or areas in close proximity to each other, as determined by the department, where extraction of minerals results in:
- More than three acres of disturbed area, or
- Surface mined slopes greater than 30 feet high and steeper than 1.0 foot horizontal to 1.0 foot vertical, or more than one acre of disturbed area within an 8 acre area, when the disturbed area results from mineral prospecting or exploration activities.
How much will this permit cost?
An applicant applying for a new permit, for expanding an existing permit, or for combining existing permits is charged $4,500. Permit holders submitting for a revision to an existing permit are charged a $2,500 application fee. An annual fee of $2000 is payable to DNR prior to the reclamation permit being issued and on the anniversary of the permit date each year thereafter. Permit holders are required to post an adequate performance security prior to issuance of a permit for the estimated cost to reclaim the upcoming 36 months of planned mining disturbance and any previously disturbed areas that have not been reclaimed. DNR's general performance security estimate rate is set at $19,500 for the initial 3 acres of disturbance and $4000 an acre for every additional acre of mining disturbance. The performance security will be periodically adjusted up or down in order to accommodate additional mining disturbance or completed reclamation.Where can I get the application for this permit?
The application is called '
Form SM-8A: Application for Surface Mining Reclamation Permit' is online and can be accessed at
http://www.dnr.wa.gov/programs-and-services/geology/energy-mining-and-minerals/rules-regulations-and-forms.
Do I need to include anything with my application?
A complete permit application submittal includes:
- A written narrative describing the proposed mining and reclamation scheme.
- Form SM-8A: Application for Reclamation Permit and Plan.
- Application Fee.
- Form SM-6: County or Municipality Approval for Surface Mining.
- Performance Security Forms.
- State Environmental Policy Act (SEPA) Forms.
- Maps and at least two cross sections of the surface mine.
- Other supporting data and documents regarding the surface mine as reasonably required by DNR.
Is the decision on my permit dependent on anything besides the information in my application?
Issues related to other federal, state, and local permits as well as immitigable adverse environmental factors could affect whether DNR can issue a reclamation permit.How long will it take to review my application?
Within sixty days after receipt of an application for a new or modified permit, the department shall advise applicants of any information necessary to successfully complete the application (RCW 78.44.085(9)).Where do I submit my application?
Email:
Mail to:
Department of Natural Resources
Washington Geological Survey
1111 Washington Street SE
PO Box 47007
Olympia, WA 98504-7007
How long is my permit valid?
The reclamation permit shall be granted for the period required to deplete essentially all minerals that can be taken under the terms of the reclamation permit, except minerals required to accomplish reclamation according to the approved reclamation plan, and until the reclamation is complete unless the permit is canceled by DNR.What is the appeal process for the permit?
If the department refuses to approve a complete reclamation plan within 120 days, the applicant or permit holder may appeal this determination to the Pollutions Control Hearings Board.Notes / Comments:
A regulatory guide specific to surface mining, titled "Surface Mining in Washington: Regulatory Responsibilities of Federal, State, and Local Government Agencies" is available from DNR, Washington Geological Survey and regional offices. Additional literature and guides to reclamation are also available.Permit Timeliness Results
Permit Timeliness data collection is in response to a State Auditor’s Performance Audit and RCW 43.42A. Each regulatory agency developed a plan to improve permit clarity, predictability, and timeliness. Each agency considers the customers experience to ensure permit assistance is simple to use, easy to access, and designed in a customer-friendly manner. Agencies report progress to the Governor’s Office for Regulatory Innovation and Assistance (ORIA). ORIA prepares and distributes reports, with participation from the State Auditor’s Office and Results Washington. See latest report here: https://www.oria.wa.gov/ORIA-2020-PermitTimelinessProgressReport.pdf.
All permits submitted for reporting were entered into this Regulatory Handbook. Here are the results of the performance data:
Estimated Time Required By the Agency to Process a Permit Application (Definition)Average number of days from Receipt to Complete: 47.5Maximum number of days from Receipt to Complete: 1749Estimated Time Required By the Agency to Issue a Permit Decision (Definition)Average number of days from Complete Application to Decision: 437.3Maximum number of days from Complete Application to Decision: 2560(Summary results based on 23 submittals in 2024)
Where can I get permitting assistance?
Web page URL:
http://www.dnr.wa.gov/programs-and-services/geology/energy-mining-and-minerals/rules-regulations-and-formsHelpdesk phone: (360) 902-1450
Subject matter expert phone:
Subject matter expert email:
nicole.damer@dnr.wa.govTriggering Questions:
- Will you own or operate a surface mine?
* Permit information last updated 2/21/2025