This is a forfeited permanent program contour/auger mining operation located in Letcher County, Kentucky. The permit was issued in August 1984 for a 13.75 acre permit area, located on the Whitesburg & Fireclay Coal Seams. A performance bond of $34,900 was posted to cover the reclamation cost of the minesite. A total of two non-compliances and cessation orders had been issued against the permit during the course of mining. The permit was forfeited in March 1986. The Division of Abandoned Lands in the State received the permit package April 25, 1986. This site has not been included in any group contracts due to a problem in getting a landowner's right of entry form signed. A site investigation was conducted on 11/13/86. The site is located in an area adjacent other abandoned mine sites. The average slope in the area ranges from 20° to 26°. Two large slides have developed on this area causes by improper placement of spoil and topsoil stockpiles. Spoil material has been placed on the downslope. Two separate coal seams were worked and abandoned. Approximately 900 feet of highwall has not backfilled ranging up to 45 feet in height. The access road is severely eroding. A total of $17,735 of civil penalties was assessed against this permit. The penalties are still outstanding. The permittee has been barred from obtaining another permit. No other actions have been taken against the permittee at this time. A bond calculation comparison was completed by the Eastern Field Operations (EFO) to determine the adequacy of its original bond. The bond calculated by EFO was $59,991, compared to the $34,900 performance bond posted for a 172% difference. The EFO calculation would not include allowances for the major slides caused by the improper spoil and topsoil placement and might also be inadequate for this site. 83-763-88 - 5 3/21/84 NC 03-2422 issued for the following violations: 8/1/84 1/31/85 1) 405 KAR 16:030 - No permit sign or perimeter markers 2) 405 KAR 16:050 - Topsoil has not been salvaged 3) 405 KAR 16:080 - Diversions 4) 405 KAR 20:060 Spoil on the downslope CO 03-0306 issued for the following violations: NC 05-1918 issued for the following violations: 3) 405 KAR 16:080 Diversion not maintained & 5:065 - Water monitoring Ponds not certified *Violations #1, 5, & 6 abated 2/20/85 CO 05-0099 issued for the following violations: 4/29/85 1) Failure to abate violations #2, #3, & #4 of NC 05-1918 EDITORIALS Orphan mines, Chapter 2 HE MORE things change, the more they remain the same, as a French writer said in the last century. The French have never had to contend much with strip mining, but the saying fits the American strip mine industry like a well-tailored glove. Old evils persist in the face of every new reform effort. The latest evidence of that was brought forth by U.S. Rep. Frank McCloskey of Indiana. He obtained information from the U.S. Office of Surface Mining that bankruptcies among bonding companies that are supposed to guarantee mine reclamation have left more than 31,000 mined-over acres in 16 states with no reclamation in sight. That includes more than 11,500 acres in Kentucky and more than 4,000 in Indiana. " from the days of unregulated mining. A fee levied on coal producers has generated about $1.9 billion to restore those old mine sites. Neither Kentucky nor Indiana has taken any effective steps to deal with the new "orphan mines." Indiana has made a stab in that direction by placing all of its fines for strip-mine violations into a fund for emergency reclamation. But a recent General Accounting Office report shows Indiana assesses fines for only 10 per cent of strip-mine violations it cites and collects only 7 per cent of the fines it has levied. Kentucky's record is similarly bad. It assessed fines for 31 per cent of violations cited, but actually collected only about 5 per cent of the fines. Clearly, further federal legislation is needed to cope with this problem. Regulating the bonding companies seems beyond the scope of individual states, because many of the companies spread the risk by reinsuring with companies in other states. It may be necessary to require states to set up guaranteed funds for stripmine reclamation, or to make post1977 mines eligible for the same kind of relief given the older abandoned mines. Whatever happens, Rep. McCloskey deserves praise for bringing to light a situation that is clearly intolerable. The Courier-Journal 7-20-87 STAFF PHOTO Strip-mining devastation The bonds were posted to serve as a financial backstop when coal operators failed to perform their duty to reclaim the land after mining. But in many cases, the bonding companies have met their responsibilities as poorly as the irresponsible "rip-and-run" miners. So, ironically, there's less hope for lands mined and left unreclaimed after passage of the 1977 federal strip-mine law than for the so-called orphan lands left over Working for the Nature of Tomorrow NATIONAL WILDLIFE FEDERATION 1412 Sixteenth Street, N.W., Washington, D.C. 20036-2266 (202) 797-6800 TESTIMONY OF THE NATIONAL WILDLIFE FEDERATION ON THE 10TH ANNIVERSARY OF THE SURFACE MINING CONTROL AND RECLAMATION ACT · BEFORE THE HOUSE INTERIOR AND INSULAR AFFAIRS AUGUST 3, 1987 Submitted by: Cathy Carlson Surface Mining Project Coordinator Mr Chairman, Members of the Interior Committee, my name is Cathy Carlson, Surface Mining Project Coordinator at the National Wildlife Federation in Washington, D.C. I appreciate the opportunity to come before you today on this occasion of the 10th Anniversary of the Surface Mining Act. The National Wildlife Federation (NWF) has been involved in the strip mining regulatory program since the passage of this landmark legislation back in 1977. Many of our members were adversely affected by irresponsible mining practices in the past, and continue to be concerned about the effects of strip mining on the enviroment and on their homes and property. We have devoted a great deal of effort toward making the Act's promise of better reclamation a reality in the coal fields. We have seen a general improvement in reclamation practices in many coalfield areas, and advances in improved reclamation techniques. The principles embodied in the Surface Mining Act have proven to be sound. Unfortunately, the promise of better land reclamation has not been achieved in many communities. Coal operators continue to haul coal from the ground without regard for the citizens and the natural resources that lay in their path. And since the |