Page 296 - Advances In Productive, Safe, and Responsible Coal Mining

272 Advances in Productive, Safe, and Responsible Coal Mining

14.2 Legal and regulatory context

Coal mining is a multifaceted and complex landscape disturbance. As such, it is reg-
ulated by a variety of laws and policies, and is subject to numerous reclamation
requirements.

14.2.1 Surface mining control and reclamation act
In 1977, the Surface Mining Control and Reclamation Act (SMCRA) was enacted in
the USA. The Act stipulates that in order to mine coal legally, a mining firm must
apply for and obtain an SMCRA permit. Almost every activity of any coal-mining
operation is affected by this law’s provisions.
In particular, the SMCRA governs land reclamation operations of surface coal
mines. In order to obtain an SMCRA permit, mine operators are required to prepare
a reclamation plan that describes lands targeted for mining operations, and plans for
reclamation operations that will restore those lands to a condition that will comply
with SMCRA requirements. Important provisions include the requirement to return
the land to its “approximate original contour” (AOC) unless a variance from that
requirement is obtained. The mine operator is also required to “restore the land
affected to a condition capable of supporting those uses which it was capable of
supporting prior to any mining, or higher or better uses of which there is reasonable
likelihood …,” which is often stated as a requirement that the reclaimed mine land use
should support an “equal or better” land-use capability than that which was present
prior to mining.
In addition, the law requires the mine operator to “effectively control erosion and
attendant air and water pollution,” and, if an unmanaged postmining land use is
planned, to establish “a diverse, effective, and permanent vegetative cover of the same
seasonal variety native to the area of land to be affected and capable of self-
regeneration and plant succession.”
The SMCRA also includes numerous other requirements that concern documenta-
tion of premining conditions, the mining operation’s influence on the “hydrologic
balance,” disposal of excess spoil that is generated by the disturbed materials’ physical
expansion, and numerous other mining impacts. These requirements are reviewed in
greater detail by Skousen and Zipper [1].

14.2.2 Clean water act
The Federal Water Pollution Control Act of 1948 was amended in 1972 and became
commonly known as the Clean Water Act (CWA). As per promulgations of the CWA,
coal mine operators must also comply with requirements of the CWA that regulate the
quality of surface waters. The CWA’s stated purpose is to “restore and maintain the
chemical, physical, and biological integrity of the nation’s waters.” The CWA’s per-
mitting requirements are based on the concept of “designated use,” meaning that sur-
face water bodies are expected to remain suitable for beneficial uses, including but not