Reinterpreting SMCRA: {open_quotes}Permitting{close_quotes} phased postmining land use
Conference
·
OSTI ID:588872
- Univ. of Kentucky, Lexington, KY (United States)
The coal producing area of Appalachian Kentucky has a shortage of developable land. The majority of mined land in this region has been reclaimed to pastureland or hayland, while narrow interpretation of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and regulations, especially regarding bond release, has limited alternative postmining land uses which could support economic development. A study of Federal and State of Kentucky laws and regulations shows that postmining land use regulations and their implementation have focussed on preventing and minimizing environmental damage. Land use and land use planning concepts are not well understood, thus permit applications inadequately address land use needs and the {open_quotes}highest and best use{close_quotes} of a site. Required information about pre-mining conditions is not collected and analyzed in a way useful for determining appropriate postmining land use. More comprehensive, higher quality land use information, with information about regional factors such as transportation, utilities, labor market, etc., should be included in the permit application to identify sites with strong development potential. This, combined with a broader interpretation of the law recognizing the validity of a phased implementation of postmined land use, would continue environmental protection while preparing reclaimed land to meet potential future land use needs. The mining plan can be designed so that appropriate areas are prepared and laid out for future buildings or roads, yet are conducive to interim use for pasture, wildlife or recreation. Reclamation to the interim use, sufficient to protect the public and allow bond release, maintains the potential for later development. Land later can be made available in response to development demands, contributing to a more diversified economy.
- OSTI ID:
- 588872
- Report Number(s):
- CONF-9605286--
- Country of Publication:
- United States
- Language:
- English
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