SMCRA Surface Mining Reclamation and Control Act of 1977 imposed uniform standards of what was required for reclamation Title II of Act Sets up Office Surface Mining and Reclamation Enforcement (OSM) Title V sets up National framework for Mining Permits –Permits are 5 year Renewable –Requires Operator to Post Bond for Reclamation

Title IV Sets Performance Must Maintain Stratigraphy of Sites –Requires prior removal and separate storage of topsoil materials Ended Strip Mining Practices that pick of everything and turn it over or dump it down a hill –Must replace topsoil or best available subsoil for establishment of vegetation –In prime farm land each soil horizon must be reconstructed

Title 4 Standards Bury Nasties Provisions –bury or dispose of acid forming, toxic (usaully salty or Cation Exchange Capacity problems - ie toxic to plants), or combustible material to avoid water pollution or sustained combustion Law sets limits on iron, manganese, total dissolved Solids and pH to 6 to 9 for discharge

Hydrologic Balance Most protect and preserve hydrologic balance –Cannot create significant alteration of stream flows or drainage channels Must control erosion and siltation from disturbed areas, roads, spoil piles etc. –provision that requires Sedimentation ponds down drainage of disturbances Create Stable Water Impoundments (Dam design restrictions - Buffalo Creek Syndrome)

Restoration of Land Must Support Pre-mining Use or “higher and better use” –Often used now for creation of parks, wildlife habitat and wetlands Revegetate Lands to Pre-mining Standards with a 5 to 10 year minimum performance period prior to bond release Reclaim Lands concurrently - reclamation now follows strip mining

The Original Contour Battle SMCRA allowed variances to be given to original contour –How does one restore to a 1 to 10 slope under a law that doesn’t allow slopes over 3 to 1? - The Appalachian Problem –Provision has been used to permit form of mining called Mountain Top Removal –Federal Court just ruled against Mountian Top Removal in WV - likely rider bills will amend SMCRA

Underground Mining Surface Structures for Surface or Underground must be removed Underground Mine Subsidence must be controlled –If allowed must be predictable uniform and controlled –remember the hydrologic balance issue Seal Mine Openings and Exploratory Holes

More Underground Regs Return as much processing waste as economically feasible to underground workings –Technology has not been there for this in past but SIU work may be shifting the balance Eliminate Fire Hazards Drifts cannot gravity drain in AMD areas

Abandoned Mined Lands Established fund to reclaim lands disturbed prior to enactment (called pre law) –Funded through tax of 35cents/ton on surface mined coal 15 cents per ton underground –Amount is above lease rental fees and royalties Weakness is that Creates Fund but Congress Still has to release - Congress has been dipping

Also Resource Review and Evaluation Mining methods should maximize resource recovery Government Planning and Programs should maximize recovery Requires review and designation of lands as unsuitable for mining –incompatible with existing land use plans –cannot be properly restored –damage historic or wilderness

State Primacy Title 4 Provides for States to Set up parallel programs and assume primacy –Most active mining states including Illinois, Indiana, and Kentucky have done this –Mining Permits Issue from State Frequent Criticism of SMCRA is that it applies only to coal mines –Most state programs extend structure and standards to hardrock, aggregate, indust. Min.

Lack of a Federal Program With Hardrock Mining regulated under states some lack of uniformity - this primary rationale for rallying best state regs into SMCRA Been much debate about hardrock SMCRA Probably been derailed by poor performance of SMCRA

The Downside of Federal Programs Wanted detailed standards and uniformity Problem was state standards differed because climate and topography differed –wound up with requirements to restore to original slopes that were illegal in Appalachia –wound up with TSS limitations that disturbed hydrologic balance in badlands –created soil compaction that prevents revegetation and stops forest plantings

The Dilemma State Standards are inconsistent Uniform Standards Often Become the Friend of the Environment that supplants the need for Enemies The Open Pit Problem –structure that must remain open during entire mining –inherently uneconomic to fill –The Wisconsin porphyry copper waste Hardrock law can’t protect resource recovery and original contour

Limitations on Use of Land for Mining Endangered Species Act of 1973 –Limits ability to construct or disturb habitat for species designated as endangered Reviews for Historical Artifacts that might be destroyed by Mining –Antiquities Act 1906 –National Historic Preservation Act of 1966 –Antiquities Act of 1974