State-funded Abandoned Mine Land Reclamation Program

A state-funded abandoned mine land reclamation program for Ohio was realized with the establishment of the Unreclaimed Lands Fund in 1972.

The fund is utilized to complete reclamation projects on public and private lands affected by strip and surface mining prior to April 10, 1972. A state severance tax is imposed on active strip and surface mine operators who extract coal and industrial minerals respectively. This state severance tax provides approximately $1.0 million annually to the Unreclaimed Lands Fund to alleviate the adverse environmental effects of past mining.

Environmental Effects
Much of the land disturbed by strip mining for coal prior to 1948 was not reclaimed after mining. While most of Ohio’s strip mining took place after enactment of the state’s first strip mining law in 1948, reclamation requirements were not adequate by today’s standard. Prior to 1972 Ohio’s statutes did not require restoration of desirable environmental conditions to the strip mined areas. Likewise, land disturbed by the surface mining of industrial minerals such as shale, limestone, and sand and gravel prior to 1975 was not restored to current standards.

The most common (and most serious) physical damage attributed to abandoned underground mines and strip mines is pollution of streams with acid mine drainage. Degradation of water by the addition of hardness, iron, sulfates, aluminum, dissolved solids and suspended solids is a major problem in the coal mining region. The erosion of sediments from strip mine and surface mine surfaces can be as much as 1,000 times greater than sediment loadings from similar undisturbed land. These sediments also disrupt the natural ecosystem of these streams by smothering bottom life and destroying vital segments of the aquatic food chain. Post mining land use of unreclaimed sites are also restricted.

MINED LAND RECLAMATION PROGRAM MECHANISMS

The Division of Mineral Resources Management’s charge is to alleviate the highest priority unreclaimed land problems in Ohio. The program’s staff identify problem areas and propose reclamation projects to the Council on Unreclaimed Strip Mined Lands. The Council then approves or disapproves the project areas and sets applicable expenditure limits.

Most reclamation under the program is carried out to abate environmental problems. Sites creating the worst pollution problems will be given priority. Other priority considerations include cost/benefit ratios, availability of additional funding, project feasibility, remining feasibility and geographic location.

Several program mechanisms have been created for the reclamation of public and private lands utilizing severance tax monies. Traditional reclamation efforts including grading, resoiling and revegetation can be undertaken through landowner cost-sharing, direct contracting with adjacent mine operators, and state initiated projects. A non-traditional mechanism is the reforestation program.

Cost-Share Program
The Division of Mineral Resources Management may cost-share on reclamation projects with owners of unreclaimed mined lands. Upon receipt of an application for a grant, the Council on Unreclaimed Strip Mined Lands may fund up to 75 percent of engineering and construction costs for the proposed reclamation project. To be eligible, the lands to be reclaimed must presently or potentially pollute waters of the state or damage adjacent property. In addition, the likelihood of remining the affected area in the foreseeable future must be remote.

Contracts entered into with each grant recipient may contain provisions for reimbursement to the state of a portion of the reclamation costs. The amount of reimbursement will be equal to the increase in the fair market value of the property attributable to the reclamation, if the increase is substantial. This is determined by pre- and post- reclamation appraisals. For reimbursement purposes, the contract may include provisions for:

• public use for soil, water, forest or wildlife conservation, or public recreation purposes
• payment to the state the share of the income from the crops or timber produced on the land reclaimed
• imposition of a lien in the amount of such increase in fair market value payable upon transfer of the property to a new owner
• payment to the state in the amount of such increase in fair market value. Such payment may be made immediately following reclamation completion.

Direct Negotiated Contract with Adjacent Mine Operators
The Division may negotiate directly with operators actively mining adjacent to abandoned mine lands to complete the reclamation work on those lands. Interested operators may submit proposals consisting of feasible reclamation plans for review by the Abandoned Mine Land Program. Lands eligible for reclamation under the direct contract mechanism must also presently or potentially pollute waters of the state or damage adjacent property.

Written consent of the landowner is necessary. The property owner is also required to enter into a written agreement with the chief of the Division of Mineral Resources Management for reimbursement purposes. The same payback procedures previously outlined are applicable.

Under a no-cost contract, the Division allows a mine operator to utilize an adjacent abandoned mined land area for the purpose of spoil placement or other general usage off the permit area. In return, the operator reclaims the area at no cost to the state. No bond is required for the abandoned mined land area. As reclamation is performed at no cost to the state, reimbursement by the landowner is not required.

State Initiated Projects
The Abandoned Mine Land Program also initiates development of state-funded projects on public and private lands. Lands qualify only when there is little or no likelihood that the area will be mined within the foreseeable future; reclamation is feasible at reasonable cost with available funds; and either:

• the pollution of state waters and damage to adjacent property are most severe and widespread
• reclamation will enable public use for soil, water, forest or wildlife conservation; public recreation purposes; or will facilitate the use or improve the enjoyment of nearby public conservation or recreation lands
• Payback methods for reimbursement purposes are applicable here as well.

Reforestation Program
In addition to sponsoring traditional reclamation efforts, the Division promotes a reforestation program. Eligible sites are planted with inoculated seedlings capable of flourishing in a harsh environment. Reforestation sites are typically abandoned strip and surface mines that contribute minor sediment to streams, degrade aesthetics, lack adequate ground cover, and are not considered for traditional reclamation under federal or state guidelines. The Division provides the seedlings and pays the planting cost for each site. Landowners must enter an agreement with the State allowing access to the planting area and agree not to use the land in a manner detrimental to the growth of the trees for a seven year period.