Powell River Project
Reclamation Guidelines for Surface-Mined Land in Southwest Virginia

Reclaiming Mined Lands as Industrial Sites

Carl E. Zipper, Extension Specialist, Department of Crop and Soil Environmental Sciences, Virginia Tech; and Charles Yates, Director, Virginia Coalfield Economic Development Authority, Lebanon, Virginia.

Publication Number 460-132, posted May 1999

Table of Contents

Introduction Conclusion
Guidelines for Reclaiming Mined Lands as Industrial Sites Acknowledgments
Experimental Practice
References

Introduction

With the decline of coal-mining jobs in Virginia's coalfields, availability of local employment opportunities in high-wage industries has become a major concern. One factor that hinders high-wage manufacturing industries from locating in the coalfield region is a shortage of suitable sites. In some cases, however, operating surface coal mines can create sites suitable for industrial use through reclamation while meeting all Surface Mining Control and Reclamation Act (SMCRA) requirements.

Reclamation of mined areas to support use by industry provides benefits. First of all, industrial use potential will increase the mined land's market value, compared to woodlands and pastures typically established on reclaimed mines in Virginia's coalfields. An increase in the reclaimed land's market value will benefit the landowner.

Second, it is reasonable to expect that the value of lands adjacent to the industrial site will also increase, especially if such lands are suitable for residential or commercial use, or for use by supporting industries.

Third, if the site is reclaimed in a manner that is suitable for industrial use, there is a potential for the mining operator to obtain quicker release from performance bonding requirements. For example, SMCRA's five-year period for vegetative persistence with "non-augmentation" would not apply to an area reclaimed for industrial use.

And finally, such sites can serve to aid location of new industry in the Virginia coalfield.

This publication provides guidelines for use by the Virginia coal mining industry in reclaiming mined lands to support industrial development.

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Guidelines for Reclaiming Mined Lands as Industrial Sites

If a mining company or landowner is considering an opportunity to mine coal on a site where the reclaimed land might be suitable for industrial development, we recommend the following procedures.

1. Determine the site's potential suitability for industrial use.

This can be accomplished most easily by contacting a local economic development agency. A number of agencies serve in this role, including county industrial development authorities, Lenowisco and Cumberland Plateau Planning District Commissions, and the Virginia Coalfield Economic Development Authority (CEDA).

If a mine operator has a serious intent to produce a reclaimed area suitable for industrial development, we recommend contacting CEDA as early in the process as possible. The initial contact should occur prior to filing the mining permit. When mining is completed, acceptance of the reclaimed site by CEDA into its industrial site inventory will allow Virginia Department of Mines, Minerals and Energy (DMME) to conclude that the SMCRA's post-mining land use requirements have been met and, when all other SMCRA requirements have been satisfied, to release the operator's performance bond.

CEDA works closely with the DMME; CEDA can be contacted by the mine developer directly or by working through DMME. Upon request by either the permit applicant or the property owner, Virginia DMME will communicate an industrial development interest to CEDA. Virginia DMME or the mine operator may arrange a meeting of parties representing CEDA, and the property owner and/or the permit applicant to discuss the site's potential for industrial use. Such a meeting can take place either at the site itself, Virginia DMME offices, or another location. At such a meeting, the operator can discuss with DMME and CEDA the site's industrial development potential.

Proximity to major roads and utilities is a factor that will be considered by CEDA and DMME in their assessment of a mine site's potential to be reclaimed in a manner that is suitable for industrial post-mining land use. If CEDA and DMME determine that the site can be made suitable for industrial use through appropriate mining and reclamation, CEDA will issue a letter to the permit applicant and/or the property owner to that effect. In its review of permit application documents, Virginia DMME will consider such a letter to be evidence of the site's industrial use potential.

It is critical that the above procedures take place as early in the permit-application process as possible.

If CEDA determines that a site's potential to serve industrial use in the short-term is not favorable, it may still be possible for the mine operator to develop a reclamation plan to enable the site to support an industrial use at a future time (see below).

2. Establish a post-mining land use strategy.

There are at least two major strategies available to a mine operator who has the desire to reclaim land to establish an industrial site.

In some cases, it may be necessary for the mining operator to obtain a variance from approximate original contour (AOC) in order to achieve either a short-term or a long-term industrial post-mining land use. If the approved permit specifies an industrial post-mining land use, the permit may also include a variance from SMCRA's AOC requirements.

If the mine developer takes a long-term-strategy approach, approval by DMME of either an agricultural or a commercial forestry post-mining land use may allow the operator to obtain an AOC variance. If the mining operation will be conducted as mountaintop removal, an agricultural post-mining land use (including hayland - pasture) will allow the operator to obtain variance from AOC. Under the Virginia regulatory program, commercial forestry is defined as a commercial land use and thus is eligible for variance from AOC. Reclamation procedures recommended to achieve commercial forestry post-mining land use are described in VCE Publication 460-136.

3. Develop a reclamation plan.

In order for a reclaimed mine site to be suitable for industrial use, several features are necessary. Critical factors that should be considered by the reclamation plan are listed and described below.

The procedures required to stabilize a reclaimed mine site are described in VCE Publication 460-130. The soil placement procedures required to produce a reclaimed landform that will be suitable for industrial use shortly after mining will be more costly than typical mine reclamation procedures. In some cases, CEDA may be willing to reimburse the mine operator for the additional costs required to assure site stabilization. If the mining operator or landowner has an interest in obtaining such reimbursement, CEDA should be contacted as early in the mine planning process as possible.

If the mine planner chooses a long-term industrial use strategy, it is unlikely that CEDA will be willing to share the cost of site stabilization. Thus, a less-costly site stabilization procedure will be desirable. In such situations, a post-mining surface stabilization procedure such as deep dynamic compaction (see VCE Publication 460-130) may be necessary at some future time to make the site suitable for high-value industrial development. Placement of a spoil stockpile that is accessible to the intended industrial site and potentially available for use in surface regrading will reduce the future cost of deep dynamic compaction should this procedure prove necessary. Such a stockpile should contain spoil that is free of large boulders, easily handled and graded, and suitable for revegetation.

In either case, the reclamation plan should include the following elements:

4. At the conclusion of mining, implement declared post-mining land use. If the mine is permitted to achieve an industrial post-mining land use, the operator should maintain contact with CEDA to assure entry of the site into CEDA's industrial site inventory so the site may be considered by DMME for bond release.

If the permitted post-mining land use is commercial forestry, suitable timber species should be established, the mining operator must conduct reclamation in a manner that assures a high level of forest productivity, and the mine operator or land owner should be prepared to manage that species in a manner that is consistent with DMME's commercial forestry land use requirements. Preparation of mined lands to support productive timber stands can reduce mine reclamation costs, compared to common practices that include "tracking in" of spoils and high levels of fertilization (see VCE Publication 460-136). Lands reclaimed in this manner can support highly productive timber stands, thus producing future economic value for the land owner (see VCE Publication 460-138).

If the permitted post-mining land use is agricultural, the mining operator and/or land owner should be prepared to comply with relevant SMCRA and DMME requirements.

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Experimental Practice

Section 711 of SMCRA allows experimental practices, variances from the SMCRA's general requirements, "to encourage advances in mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use ..." In some states, experimental practice variances from SMCRA's approximate original contour and highwall elimination requirements have been approved as a means of achieving an industrial post-mining land use. Mining operators who believe an experimental practice variance is necessary to allow a mining site to serve an industrial post-mining land use may discuss this possibility with Virginia DMME.

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Conclusion

This document outlines procedures for use in preparing a reclaimed mine site to support an industrial post-mining land use, over either the short or the long term. Reclamation of mine sites to serve industrial uses can benefit the landowner and the community.

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Acknowledgments

Thanks to Virginia Department of Mines, Minerals, and Energy for the agency's assistance in preparing this publication.

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References

Burger, J.A., D. Kelting, and C.E. Zipper. 1998. Maximizing the Value of Forests on Reclaimed Mined Land. VCE Publication 460-138.

Torbert, J.L., J.A. Burger, and J. Johnson. 1994. Commercial Forestry as a Post-Mining Land Use. VCE Publication 460-136.

Zipper, C, and S. Winter. 1997. Stabilizing Reclaimed Mines to Support Buildings and Development. VCE Publication 460-130. 12 pages.

(Note: Above publications are available from Virginia Cooperative Extension or Powell River Project).

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