Publication Number 460-129, Posted June 1997
Introduction
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Regulatory Concerns
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Benefits Provided by Wetlands on Reclaimed Mine Areas
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Acknowledgments
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Wetland Construction Research
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Bibliography
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Wetland Design and Construction Guidelines
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The purpose of this publication is to provide guidelines for use by mine operators in constructing wetlands on surface coal mines. During mine reclamation, heavy equipment moves large quantities of earth and stone while producing a landscape that conforms to the dictates of federal law. Wetlands can be constructed during this process at very little (if any) additional cost to the mining operator.
Wetlands constructed on mine sites can provide benefits to mine operators and landowners as well as to the general public. In addition to serving as wildlife habitat, wetlands trap sediments, store rainwater, recharge groundwater, and reduce flood potentials. These benefits are of particular importance in Appalachian coal-mining areas where steep slopes create flooding dangers, usable groundwater resources are limited, and lack of available water limits wildlife abundance on many reclaimed-mine areas.
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As wetlands develop, they trap sediments, organic materials, and nutrients carried by water from upstream areas. These resources contribute to wetlands' high levels of biological productivity. Water held in wetlands also moistens nearby soils, thus improving the biological productivity of adjacent lands. As a result, organic materials accumulate over time both within and adjacent to the wetland. These materials allow the fully developed wetland to act like a sponge, absorbing runoff waters during heavy rains and then releasing it slowly afterwards to surface streams. Wetlands improve water quality by trapping sediments and chemical water contaminants, thus protecting fish and wildlife resources downstream.
Mine operators can benefit from the ability of wetlands to trap sediments and promote healthy vegetative growth. Erosion can occur on recently mined acreages, especially if vegetation is slow to establish. The presence of wetlands can help mine operators minimize erosion-control problems and expenses in several ways. First of all, sediments produced by areas above a constructed wetland often become trapped within the wetland. Thus, these sediments are kept out of the sediment pond, which reduces the operator's pond-cleaning expenses.
Wetlands can also reduce erosion within drainage channels and on adjacent areas. Because the presence of a wetland tends to increase moisture within adjacent soils, vegetation survival and growth on such areas will be improved. Lush vegetative growth will help to minimize erosion while acting as a barrier to movement of soils eroded from upland areas into the water course. The presence of wetlands in drainage channels also tends to reduce flow velocities and peaks, thus reducing erosion within the channel itself. Vigorous plant growth within the wetland also tends to slow water flow rates, thus aiding in the capture of sediments that might be carried by waters flowing through the wetland.
Landowners can benefit from wetland construction during mine reclamation in several ways. The presence of wildlife will be an asset to many post-mining land uses. Wetlands provide water sources for wildlife, and thus increase wildlife presence. The presence of a wetland will also increase the site's capability to produce vegetation in the immediate vicinity. Since the area actually covered by a wetland is generally small (effective wetlands can be constructed in areas of one acre or less), the presence of wetlands will provide only minimal interference with other land uses.
The general publicbenefits from constructed wetlands, especially in areas such as southwestern Virginia. Wetlands created as catchments on surface mines enhance groundwater recharge; many southwestern Virginia residents depend upon groundwater for their household water supplies. The presence of wetlands can also reduce flood potentials by temporarily storing surface runoff during heavy rains.
Wetlands also improve the ability of downstream waters to serve as habitat for fish (including game species) and other animals, especially after the wetlands have fully developed and reclamation is complete. By trapping sediments, wetlands improve water quality downstream. As wetlands release their waters slowly to streams after a rain, dry-weather "base flows" are increased. Some of the organic material produced in the wetland will be carried downstream; these materials act as a food resource for aquatic organisms, improving these streams as habitat for fish and other game species.
A single wetland will improve a mined site's wildlife habitat potential while providing other service benefits, but construction of several wetlands in series will have a greater effect. The hydrologic benefits discussed above (such as flood peak reduction and groundwater recharge) will be most noticeable if several wetlands are constructed within a single watershed.
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Developing construction procedures designed to replicate natural wetlands would seem, at first, to be a sensible way to begin answering this question. However, several factors limit the potential for replicating natural wetlands on reclaimed mine sites. Only 6 percent of Virginia's wetlands occur west of the Blue Ridge Mountains, and many of these have been altered by timber harvesting and pre-1977 mining. Thus, data on natural, undisturbed wetland conditions in the coalfield region are difficult to obtain.
However, hundreds of small wetlands were formed accidentally on coal surface mine sites before the Surface Mining Control and Reclamation Act (SMCRA) was passed in 1977. Most were constructed on mine benches that were sloped back towards the highwall, a common pre-1970 reclamation practice. Many of these wetlands have been in existence for 25 years or more. Because they were constructed by mining operations, these wetlands may be more easily copied than "natural" wetland systems. We called these systems "accidental wetlands" while studying twelve in detail from 1991 through 1994 (Figure 1). We learned several important facts about wetland design during this portion of our study.
The twelve accidental wetlands chosen for detailed study were located in Wise County, Virginia, and averaged 25 years of age; all were found to be performing key ecosystem services. Two distinct types of plant communities were found to be present in many accidental wetlands. One community type was dominated by species such as cattail, which are considered obligate wetland species (species that occur in wetland habitats greater than 99 percent of the time); this community type tended to occur in areas that were under water most or all of the time. The other type of wetland community was dominated by species such as woolgrass and needle rush, most of which are considered facultative wetland plants (species that occur in wetlands between 67 and 99 percent of the time).
Wetland plant communities are critical to the wetland's ability to provide ecosystem-service benefits. In particular, biological productivity and species richness (a component of diversity) are essential elements of wildlife habitat. Plant species richness was found to be quite high in the accidental wetlands -- over 94 plant species (including 2 species of orchids) were identified in the 12 accidental wetlands that we studied.
Biological productivity levels of the accidental wetlands were found to be comparable to productivity levels of wetlands that occur naturally in other areas. We measured aboveground plant biomass as an indicator of biological productivity in 1993 and 1994 at the 12 accidental wetlands, finding both facultative and obligate wetland-vegetation communities to be productive (Figure 2). We also assessed the effect of 14 environmental variables on plant productivity and found that the two most important are sediment depth and water depth. Plant growth tended to be greatest in the wetlands containing deeper sediments and shallower water. Sediment concentrations of phosphorus, and to some extent nitrogen, also influenced the biological productivity of these wetland areas.
Twenty-six animal wildlife species, including several species of, rabbits, raccoons, deer, turkeys, bears, and a number of amphibians and reptile species were found to be using these 12 accidental wetlands (Table 1). In addition, a great variety of birds (including wood ducks, turkeys, redwing blackbirds, and several other songbirds) were observed at the accidental wetlands.
Controlled observations designed to assess and compare vertebrate species richness at four types of sites found species richness in the accidental wetlands to be comparable to richness at the natural "reference wetland" sites (Figure 3). The constructed wetlands were only two years old at the time of sampling.
Weather conditions during the summer of 1993 provided further support for the use of accidental wetlands as models for wetland construction during reclamation, as the biological communities within the accidental wetlands easily survived the extreme drought of that year. Based on these findings, accidental wetlands were used as models for constructing six experimental wetlands through cooperation with active mines.
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We found that wildlife began using the constructed wetlands shortly after construction. By the second year after construction, more vertebrate species were found near the constructed wetlands than on reclaimed areas away from wetlands. However, more species of wildlife were using pre-1977 accidental wetlands than the newly-constructed experimental wetlands. The difference in wildlife usage appeared to result from two factors: (i) the biological communities within accidental wetlands were more developed than the constructed wetland communities, and (ii) the vegetation adjacent to the accidental wetlands was more diverse and mature than the vegetation adjacent to the constructed wetlands. We believe that wildlife use of constructed wetlands will increase as their plant communities continue to develop.
The findings of the research described above were used to generate the wetland design and construction guidelines that follow.
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Reclaimed-mine wetlands are constructed as surface depressions in areas of either seasonal or permanent water flows. The depression should be formed while equipment is engaged in reclamation so as to avoid the unnecessary costs of an "add-on" procedure. Our recommendations for wetland construction are summarized in Figure 4. Additional detail follows.
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Where site conditions make use of a barrier or berm a practical necessity for wetland construction, the berm should be constructed to conform with regulatory requirements for permanent impoundments. Even if rock rip-rap is used to construct the discharge channel, berms may erode after several years. The durability of a constructed wetland can be improved by building it in a depression rather than by constructing a berm.
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In constructing the area to include the wetland and adjacent lands, a zone of loose spoil or soil should then be placed above the compacted spoil layer as needed to prepare an uncompacted land-surface with favorable qualities for plant growth. The uncompacted spoil/soil layer is typically constructed by end-dumping closely placed piles of materials suitable for plant growth over the compacted layer. The placement of a 4-to-6-foot thickness of uncompacted soil or spoil at the reclaimed minesite's surface is consistent with Powell River Project reclamation guidelines (e.g., see VCE Publications 460-121 and 460-136)
Whenever possible, the wetland should be constructed by forming a depression within this uncompacted surface material. Dozer time for excavation can be eliminated by preplanning - the depression can be left during operational grading, rather than excavated afterwards.
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As discussed above, a moderate accumulation of sediments will aid wetland development. As surface runoff deposits sediments in a wetland depression, the accumulated sediments enhance the depression's ability to hold water and provide a rooting medium for wetland vegetation.
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When water courses are sufficiently broad, wetlands and the rock drains that connect them can be constructed to meander across the water course. This type of construction will maximize ecosystem services such as sediment entrapment and wildlife habitat.
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Allowable depth and berm dimensions for areas intended for post-mining land use as wetlands were established during meetings with the Division of Mined Land Reclamation (DMLR). Those dimensions are (1) a maximum total depth of 4.0 feet, and (2) a maximum berm height of 2.0 feet.
A recent directive from the U.S. Office of Surface Mining Reclamation and Enforcement (OSM) clarifies OSM policy regarding construction of wetlands during reclamation to "supplement and enhance postmining land use" (TSR-14, 31 January 1995). This document was developed by OSM based on the research results reported in this paper. (As used by OSM in this document, the term "wetlands" does not refer to areas providing biological treatment of acid mine drainage.) The OSM directive establishes minimal criteria for success of wetlands, requiring only that the definition of a wetland be met. The federal definition of a wetland is given in the Federal Register (1980) 33 C.F.R. Sec. 328.3(7)(b):
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
One year after wetlands were constructed by cooperating mining operators in association with this research, all of our sites met the wetland definition. Those wetlands were constructed using the design specifications presented in this publication.
Landowners often cite one major disadvantage to wetland construction during mine reclamation: the potential for a voluntarily constructed wetland to become "jurisdictional" under the Clean Water Act. Jurisdictional wetlands are subject to the "no-net-loss" requirements of federal law, meaning that the landowner would be required to mitigate (or offset) any future disturbance of the reclaimed-mine wetland by constructing a substitute wetland area. The practical result is that an owner of mined land who allows voluntary wetland construction to occur during reclamation, when not required by federal statute, effectively loses some control over future landuse within the voluntary wetland area.
A recent Army Corps of Engineers policy change [Federal Register, 13 December 1996 - Nationwide Permit 27] relaxes this restriction for wetlands constructed voluntarily "on reclaimed surface coal mined lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining or the applicable state agency." Under the terms of this nationwide permit, "reversion of the area to its documented prior condition and use" is allowable during the period when the mining permit is in force. This language was developed with the intent of providing an incentive for voluntary wetland construction under SMCRA. The language does not apply to wetlands constructed for mitigation purposes, or to wetlands that are created as mitigation banks. Unfortunately, the term "reversion" has not been defined formally by the Army Corps, but efforts currently underway within the agency are intended to define this term explicitly. The Army Corps is also in discussion with OSM regarding the potential to establish a means of extending the period during which voluntarily constructed wetlands would be eligible for reversion under Nationwide Permit 27.
The opportunity to "bank" wetlands constructed during reclamation creates a potential incentive for construction. If a wetland is constructed voluntarily and entered into a wetland "bank," the rights to use that wetland to offset wetland loss at some other location and some future date may be held by the landowner. If a future land development project imperils a natural wetland area, the banked wetland may be used to offset that wetland destruction. If the land development which imperils the natural wetland is being conducted by a party other than the banked-wetland owner, that owner can sell rights for mitigation use of the banked wetland to the land developer. Federal regulations defining wetland banks are in the Federal Register [28 November 1995, 58605-614]. The fact that no entity has established a wetland bank in western Virginia acts as a barrier to cost-effective wetland banking by the state's mined-land owners and mining firms.
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Atkinson, R.B. and J. Cairns, Jr. 1994. "Possible use of wetlands in ecological restoration of surface mined lands." Journal of Aquatic Ecosystem Health 3:139-144.
Atkinson, R.B., W.L. Daniels, and John Cairns, Jr. 1996. "Ontogeny of accidental wetlands and hydric soil development in surface mined landscapes." p. 516-528, in: Proceedings, 1996 Annual Meeting of the American Society for Surface Mining and Reclamation. Knoxville, Tennessee.
Atkinson, R.B., and R.T. Belcher. 1996. Wetland mitigation banking opportunities in southwestern Virginia. p. 64-74, in: 1996 Powell River Project Research and Education Program Reports. Virginia Tech, Blacksburg.
Cairns, J. Jr. and R.B. Atkinson. 1994. "Constructing ecosystems and determining their connectivity to the larger landscape." p. 111-119 In (R.E. Hester, ed.) Issues in Environmental Science and Technology. Royal Society of Chemistry, Cambridge, England.
Cairns, John Jr., R.B. Atkinson, W.L. Daniels, and P.V. McCormick. 1995. Evaluating the Potential for Created Wetland Establishment on Restored Surface Mine Sites. Final report submitted to fulfill OSM Cooperative Agreement GR 196511 (OSM Project Officer: Vann Weaver).
Note: Robert Atkinson's current address: Department of Biology, Chemistry, and Environmental Science, Christopher Newport University, Newport News, Virginia 23606-2998.
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