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Standards and Methods for Evaluating the Success of Reclamation Contents Chapter 7 Standards and Methods for Evaluating the Success of Reclamation Contents Page Chapter Overview . 207 Performance Bonds and the Bond Release Process . 208 Standards and Methods Used To Judge Reclamation Success . 209 Types of Standards: Performances. Design . 209 Federal and State Standards . 209 State Experience With Reclamation Evaluation and Bond Release . 222 North Dakota . 222 Montana . 223 Wyoming . 224 Colorado . 225 New Mexico . 226 Chapter7 References . 226 List of Tables Table No. Page 7-1. Selected Performance Requirements and Standards in SMCRA . 210 7-2. State Revegetation performance Standards by Land Use Category . 212 7-3. Maximum Recommended Total Dissolved Solids Concentrations in Water for Various Uses . 218 List of Figures Figure No. Page 7-1. Reference Area . 214 7-2. Control Area . 216 Chapter 7 Standards and Methods for Evaluating the Success of Reclamation CHAPTER OVERVIEW Few aspects of the process for evaluating the impractical to actually measure spoils water qual- success of reclamation have been firmly estab- ity. Therefore, evaluations will have to be made lished under the Federal and State regulatory with incomplete knowledge and available predic- programs, leaving many uncertainties and is- tive tooIs. Similarly, some reconstructed surface sues. None of the five States examined during this drainage systems are unlikely to experience peak assessment has established bond release criteria flow events during the liability period, and predic- for Phases II and Ill. Most existing evaluation tech- tive techniques and design criteria must be used niques and standards which the States could draw to evaluate these drainages. on to develop Phase II and I I I criteria have seri- ous limitations. These limitations are particularly There also is uncertainty about whether suc- problematic in revegetation and hydrology–the cessful revegetation and hydrologic restoration two areas emphasized in the Surface Mining Con- are sufficiently reliable indicators of success for trol and Reclamation Act (SMCRA) performance soils, overburden, and wildlife. Of particular standards. concern is the time factor involved i n spoi Is oxi- dation and the potential for deleterious overbur- To date, no method for evaluating revegeta- den material to cause problems in the root zone tion adequately addresses both changes over after regraded spoils sampling. time and spatial diversity over a large area. There is general agreement that revegetation Legal questions about liability under the mix standards should accommodate the climatic and of performance and design standards currently temporal variations that affect all aspects of vege- used by regulatory authorities are unresolved. If tation. However, the most widespread method regulatory authorities require a certain reclama- for doing this–reference areas–assumes that tion design, and that design fails, are operators vegetation on a few acres wiII vary in the same still liable for repairing the reclamation failure? manner as, and thus can adequately represent, A recent slump in Colorado (see below) raises this vegetation over thousands of acres. question. Evaluation of hydrologic restoration is even I n addition, there are practical questions about more unclear. Although the SMCRA performance the relative effectiveness of performance and de- standards emphasize hydrology, most reclama- sign standards. Performance standards better en- tion evaluations have focused on revegetation courage innovation and selection of the most success. As a result, neither operators nor regu- cost-effective reclamation methods. However, latory authorities have much experience with they also have a greater potential for reclamation applying hydrologic success standards, and the failure if innovation is not conducted responsi- few standards currently in place are of question- bly and if monitoring data are not routinely used able practicality. The greatest uncertainties in to track and modify new practices. On the other evaluation of hydrologic restoration are insur- hand, while design standards seem to provide mountable, and will simply have to be recog- greater protection against failures and operator nized in the evaluation process. The hundreds irresponsibility, they can stifle innovation and of years predicted to be necessary for resatura- may not ensure achievement of the desired per- tion of many spoils-aquifers in the West make it formance. 207 208 . Western Surface Mine Permitting and Reclamation PERFORMANCE BONDS AND THE BOND RELEASE PROCESS SMCRA requires that surface mined lands be proved reclamation plan, he may apply for restored to a condition capable of supporting the the release of up to 60 percent of the bond premining land uses or to higher or better uses for that area. Topsoiling maybe required for (24). All of the data collection and analysis con- the release of this phase, at the regulatory ducted by operators and regulators described in authority’s discretion. the preceding chapters is directed toward meet- ● Phase II: A second portion of the bond may ing this requirement. This chapter examines the be released after vegetation has been es- criteria and methods used to judge the success tablished on the regraded mined lands and of reclamation efforts. those lands are not contributing suspended The Federal regulations define “reclamation” solids to streamflow or runoff outside of the permit area in excess of the regulatory re- as “those actions taken to restore mined land as required by this chapter to a postmining land use quirements. The amount of this second re- lease usually is 15 to 25 percent. The pre- approved by the regulatory authority”(l7). The cise amount is left to the discretion of the basic reclamation requirements in the Federal regulations provide only a general outline of rec- State regulatory authority, which must retain lamation performance standards, however; they a sufficient amount of the bond to cover the can rarely be applied without substantial inter- cost of hiring a third party to reestablish vege- pretation and refinement by State regulatory au- tation should the operator forfeit. thorities. This fits with the intent of SMCRA, that ● Phase III: The remaining bond monies are the primary governmental responsibility for reg- released only after the operator has success- ulating surface mining and reclamation should fully completed all surface coal mining and rest with the States (see ch. 4) (23). reclamation activities in accordance with regulatory requirements and with his permit. In order to receive a surface mining permit SMCRA specifies that, in areas where the under SMCRA, operators must put up a perform- average annual precipitation is less than 26 ance bond. A bond may either cover an entire inches (virtually all of the study area), the op- permit area or may be filed in increments as the erator must assume responsibility and liabil- mine progresses. The amount of the bond is set ity for successful revegetation for 10 years by the regulatory authority and must be sufficient after the last year of augmented seeding, to pay for completion of the reclamation plan in fertilizing, irrigating, or other work. Final the event of forfeiture. For the very large surface success evaluation and final bond release mines prevalent in the West, this usually means cannot occur until this liability period has bonds of millions of dollars. elapsed. In practice, evaluation of reclamation success To date, none of the five State regulatory au- has become virtually synonymous with bond re- thorities has formulated criteria for all phases lease. Therefore, the procedures for bond release of bond release. Moreover, because permitting outlined in SMCRA have shaped the way recla- and bonding under SMCRA only began in the West mation success is evaluated. Instead of keeping in 1979 and 1980, very few operators are suffi- the entire bond until reclamation has been judged ciently advanced in their reclamation activities a complete success, which would be financially to apply for any type of bond release. There have burdensome for an operator, the Act provides for been a few Phase I releases (discussed further be- a phased release of the bond in portions that re- low), but no Phase II or final releases of any bonds flect the operator’s reclamation costs (25). The posted under SMCRA. In the next few years, how- phases of bond release described in SMCRA are: ever, more and more operators will be filing for ● phase I: When an operator completes the release of various portions of their bonds. Regu- backfilling, regrading, and drainage control latory authorities will then have to decide wheth- of a bonded area in accordance with the ap- er they need to develop more specific criteria for Ch. 7—Standards and Methods for Evaluating the Success of Reclamation ● 209 evaluating reclamation. Preliminary indications their criteria and evaluations. This means, how- are that criteria will differ significantly among the ever, that operators must proceed on the assump- States, depending on environmental and mining tion that bond release criteria will be the same conditions and regulatory philosophies. as the revegetation and other performance and design standards in SMCRA and the regulatory The State regulatory authorities are drawing up programs. Regulators’ flexibility to establish standards for judging reclamation as those stand- more detailed criteria may be limited by ap- ards are needed. By waiting until applications for proved reclamation plans that establish de facto bond release
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