This is another installment in a series digging into common permit violations at mountaintop removal mining operations. See also this post on common water related violations. This one considers all things "ground" related - which includes issues with sediment, soil, earth, etc.
Drone videos can reveal sediment ditches in violation of permits. Sediment ditches catch runoff and contain sediment on site, and can have issues including: dips, cracks, collapse, and overfill (ditches have a maximum percentage fill in permits). You can also look for things in the footage that look like gulleys that are either full of water (overfill) or have lots of debris in them. Sediment pond leaks are another point of concern. Highwall collapse or slips, offsite or downslope spoil disposal, mud on roads, and flyrock are other common violations in this category.
These issues all constitute permit violations, and are often observable via drones. And unlike blasting or water violations, they aren't as prone to drifting or flowing away and are therefore more enforceable. In cases where these violations don't yield citations, they can still make companies divert money and labor to remediation, which slows them down and is costly. All of the above issues are worth submitting complaints about!
Relevant Policies + Regulations
For the most part, relevant policy around ground-related permit violations can be found in the following places:
Federal:
SMCRA - Surface Mining Control and Reclamation Act (1977)
WV Code:
Surface Coal Mining and Reclamation Act
In particular, regulations around sediment, soil, and earth working can be found in §22-3-13, "General environmental protection performance standards for surface mining; variances."
There is quite a bit in the code relevant to sediment control, highwalls, etc. that is specific to reclamation. More on that in a future note!
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Appendix: Relevant Policies
###Sediment Ditches
| Code / Regulation | Official Language | Common Language / Notes |
|---|---|---|
| WV Code §22-3-13. General environmental protection performance standards for surface mining; variances | (4) Stabilize and protect all surface areas, including spoil piles, affected by the surface mining operation to effectively control erosion and attendant air and water pollution; | This language is sufficiently broad to refer to sediment ditches - compromised sediment ditches affect water pollution and could constitute a failure to effectively control erosion |
| SMCRA - Section 515 – Environmental Protection Performance Standards 30 U.S.C. 1265 | (8) create, if authorized in the approved mining and reclamation plan and permit, permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that – A- the size of the impoundment is adequate for its intended purposes; B- the impoundment dam construction will be so designed as to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 U.S.C. 1006); D- the level of water will be reasonably stable; E- final grading will provide adequate safety and access for proposed water users; | While not quite a sediment ditch, impoundment ponds are common sources of violations in this category related to earth working and water management |
###Spoil Disposal
| Code / Regulation | Official Language | Common Language / Notes |
|---|---|---|
| WV Code §22-3-13. General environmental protection performance standards for surface mining; variances | (4) Stabilize and protect all surface areas, including spoil piles, affected by the surface mining operation to effectively control erosion and attendant air and water pollution; (5) Remove the topsoil from the land in a separate layer, replace it on the backfill area or, if not utilized immediately, segregate it in a separate pile from other spoil and, when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful vegetative cover by quick growing plants or by other similar means in order to protect topsoil from wind and water erosion and keep it free of any contamination by other acid or toxic material: Provided, That if topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate and preserve in a like manner any other strata which is best able to support vegetation; | State code with specific guidance on spoil disposal. Note that the language is quite vague, though, and leaves room for companies to determine best practices. |
| WV Code §22-3-13. General environmental protection performance standards for surface mining; variances | (21) Protect off-site areas from slides or damage occurring during surface mining operations and not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area: Provided, That spoil material may be placed outside the permit area if approved by the secretary after a finding that environmental benefits will result from the placing of spoil material outside the permit area; (22) Place all excess spoil material resulting from surface mining activities in a manner that: (A) Spoil is transported and placed in a controlled manner in position for concurrent compaction and in a way as to assure mass stability and to prevent mass movement; (B) the areas of disposal are within the bonded permit areas and all organic matter is removed immediately prior to spoil placements; © appropriate surface and internal drainage system or diversion ditches are used to prevent spoil erosion and movement; (D) the disposal area does not contain springs, natural water courses or wet weather seeps, unless lateral drains are constructed from the wet areas to the main under drains in a manner that filtration of the water into the spoil pile will be prevented; (E) if placed on a slope, the spoil is placed upon the most moderate slope among those upon which, in the judgment of the secretary, the spoil could be placed in compliance with all the requirements of this article, and is placed, where possible, upon, or above, a natural terrace, bench or berm, if placement provides additional stability and prevents mass movement; (F) where the toe of the spoil rests on a downslope, a rock toe buttress, of sufficient size to prevent mass movement, is constructed; (G) the final configuration is compatible with the natural drainage pattern and surroundings and suitable for intended uses; (H) the design of the spoil disposal area is certified by a qualified registered professional engineer in conformance with professional standards | More specific guidance on structural considerations with spoil disposal |
###High Walls
| Code / Regulation | Official Language | Common Language / Notes |
|---|---|---|
| SMCRA | (2) Complete backfilling with spoil material shall be required to cover completely the highwall and return the site to the appropriate original contour, which material will maintain stability following mining and reclamation. (3) The operator may not disturb land above the top of the highwall unless the regulatory authority finds that such disturbance will facilitate compliance with the environmental protection standards of this section: Provided, however, That the land disturbed above the highwall shall be limited to that amount necessary to facilitate said compliance. | Federal guidance on highwalls, specific to steep slope mining. Throughout federal and state code, highwall stability is emphasized as a basic requirement. |
###Misc.
| Code / Regulation | Official Language | Common Language / Notes |
|---|---|---|
| WV Code §22-3-13. General environmental protection performance standards for surface mining; variances | Provided, That in surface mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit and the thickness of the coal deposits relative to the volume of the overburden is large and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade and compact, where advisable, using all available overburden and other spoil and waste materials to attain the lowest practicable grade, but not more than the angle of repose… That in surface mining where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the operator shall, after restoring the approximate contour, backfill, grade and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade, but not more than the angle of repose | This deals with post mining grading - might be hard to capture with drone monitoring, but worth noting. |
| WV Code §22-3-13. General environmental protection performance standards for surface mining; variances | (25) Retain a natural barrier to inhibit slides and erosion on permit areas where outcrop barriers are required: Provided, That constructed barriers may be allowed where: (A) Natural barriers do not provide adequate stability; B- natural barriers would result in potential future water quality deterioration; and C- natural barriers would conflict with the goal of maximum utilization of the mineral resource: Provided, however, That at a minimum, the constructed barrier shall be of sufficient width and height to provide adequate stability and the stability factor shall equal or exceed that of the natural outcrop barrier: Provided further, That where water quality is paramount, the constructed barrier shall be composed of impervious material with controlled discharge points. | On natural / constructed barriers |
| WV Code §22-3-13. General environmental protection performance standards for surface mining; variances | d) In addition to those general performance standards required by this section, when surface mining occurs on slopes of twenty degrees or greater, or on lesser slopes as may be defined by rule after consideration of soil and climate, no debris, abandoned or disabled equipment, spoil material or waste mineral matter will be placed on the natural downslope below the initial bench or mining cut: Provided, That soil or spoil material from the initial cut of earth in a new surface mining operation may be placed on a limited specified area of the downslope below the initial cut if the permittee can establish to the satisfaction of the secretary that the soil or spoil will not slide and that the other requirements of this section can still be met. | More requirements for steep slope mining - downslope store of waste material could be seen via drone, though slopes would be estimated. |
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