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Kentucky Coal
and the Environment
The Good News About Reclamation
The Return of the Great American Chestnut Tree
Old Mine Lands Offer New Opportunities for Wildlife
Mountaintop Mining, and More
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Note from the Editor
Welcome to the first
editionofKentuckyCoal
and the Environment!
Many misconceptions
surround coal mining,
an important part of
Kentucky’s economy
and heritage. Our
mission is to simply
lay the facts on the table. We hope
you enjoy the issue, and discover that
there are many good aspects related
to the coal industry. I want to thank
the KCA supporters who funded this
effort by their generous contributions.
Please feel free to send me your
comments. Dr. Carl Heltzel, Director of
Environmental Chemistry and Education,
Environmental Risk Management
Consulting Company, 2265 Harrodsburg
Road, Suite 200, Lexington, KY, 40504.
cheltzel@ermc2.us
Production Team
Dr. Carl Heltzel, Editor-in-Chief
Eugene Williams, Sr. Graphic Designer
Audrey Keown, Copy Editor
Administrative Team
Bill Caylor, P.E., J.D., President KCA
David Moss, Director of GovernmentAffairs
Roberta James, Administrative Associate
Technical Reviewers
Mike Ricci, P.E., ErMC2, Inc.
Dr. Christopher Barton, University of Ky.
Don Gibson, ICG, LLC
Kentucky Coal and the Environment is a
special, freely distributed publication of
the Kentucky Coal Association at 340
South Broadway, Suite 100, Lexington,
KY 40508-2553. Any mailings sent via
the U.S. Postal Service paid at Lexing-
ton, Ky.
Omnivert, LLC assumes no responsibility for
the content of this publication. Views, state-
ments, and opinions expressed do not neces-
sarily represent those of the design staff.
All rights reserved. No part of this publication
may be reproduced, stored in a retrieval sys-
tem, or transmitted in any form by any means,
now known or later developed, including, but
not limited to electronic, mechanical, photo-
copying, recording, or otherwise, without the
express permission of the copyright owner.
Requests for permission should be directed
in writing to Kentucky Coal and the Environ-
ment, KCA, 340 South Broadway, Suite 100,
Lexington, KY 40508-2553.
Kentucky Coal and the Environment
Volume 1, January 2008
4	 Reclamation and Restoration: Old Mine
Lands Offer New Opportunities for Wildlife
Reclaimed mine lands offer a unique opportunity for many species of wildlife. Read about
scientific advances that are making it possible for the significant re-emergence of terrestrial
and mammal species.
6	 Permits, Burdens, and
Requirements for Mining Coal
Modern mining regulations make coal mining one of the most heavily regulated industries in
the United States. Numerous laws and hundreds of regulations must be complied with before
coal companies can deliver the affordable electricity with which most of us have become ac-
customed and may even take for granted.
10	 Streams and Coal Mining
There is public confusion about how coal mining affects Kentucky’s beautiful streams. Stream
reconstruction and mitigation including buffer zones allows our restored streams to function
the same as pre-mining streams.
12	 Mountaintop Mining in Kentucky
The truth is that there is no level land outside of the floodplain in Appalachia that hasn’t
been created by human efforts. Areas of level land will help to create a sustainable economy
long after the coal is gone, providing the economic hub of Appalachia for the next 150 to
200 years.
14	 Coal Mine Reclamation
In Kentucky, coal mining reclamation efforts have resulted in numerous state and national
reclamation awards. A resurgence of wildlife is taking place right now, and there is more
wildlife now than ever in Kentucky.
16	 Reclaimed Mine Lands and
Wildlife: It’s Not Just for Elk
One of the top priorities for the Rocky Mountain Elk Foundation is to restore and improve
wildlife habitat living on reclaimed mine sites. See how their efforts have made great strides
in increasing the numbers of a wide range of wildlife species.
18	 Could Surface Mines Help to
Restore the American Chestnut?
The American chestnut tree once dominated the Kentucky landscape. Billions of these mam-
moth, valuable trees grew in vast stands across our state until a blight began to decimate
them in 1905. Researchers in the Department of Forestry at the University of Kentucky show
that the chestnut tree grows particularly well in reclaimed mine areas.
23	 Overview of the Forestry Reclamation Approach
What were the effects of the Surface Mining Control and Reclamation Act (SMCRA)? New
research and scientific studies by leading universities show cost-effective methods for gener-
ating value for landowners while providing watershed protection, wildlife habitat, and other
environmental advances.
26	 Photo Gallery: Restoration Sites in Kentucky
Beautifully restored landscapes and the many uses of reclaimed mine lands.
© Copyright 2008, Kentucky Coal Association
Printed in the U.S.A 3
Reclamation and Restoration:	
Old Mine Lands Offer New Opportunities for Wildlife
By Sunni Carr
As early settlers forged ahead and crossed the
Cumberland Gap into Kentucky, they were greeted by
a deciduous forest dominated by enormous American
chestnut trees. The sounds of wolves, elk, wild turkey,
drumming grouse, and the song of many different
woodland songbirds filled the air. Two hundred and
fifty years later the landscape of eastern Kentucky
has certainly changed. Large-scale logging, chestnut
blight, commercial and housing development, coal
mining, and even some farming has altered the face of
this area.
In our society electricity is no
longer a luxury, it is a necessity
and coal continues to supply
much of our energy needs.
Using our natural deposits of
coal decreases our dependence
on foreign oil, ultimately
improving our national security.
As long as coal remains a primary
energy source for much of the world,
coal mining operations will continue.
But new regulations regarding bonding
and insurance, reclamation, and
emerging scientific research are
placing a new face on the coal
industry. This is good news, so long as
we are open-minded to these recent advances.
Many environmental issues are associated with mining,
but unique opportunities are emerging. Reclaimed mine
land can make large-scale habitat available for wildlife
dependent on grasslands and shrub lands. Kentucky
Department of Fish and Wildlife Resources (KDFWR)
targets both bond released and newly prepared mine
reclamation sites for wildlife habitat enhancement.
With creative planning prior to reclamation taking
place, plants that are wildlife friendly can be added
to, or replace traditional vegetation used in mine
reclamation activities. These projects have fostered
working relationships between the Department and
industry representatives which benefit both wildlife
and business interests.
Terrestrial and Habitat Gains
Reclamation research on mine sites play a crucial role in
dictating which plant species will flourish. Therefore,
in 1995, KDFWR and the Kentucky Department
of Surface Mining worked to enhance reclamation
practices by minimizing compaction and promoting
wildlife friendly planting mixes.
Wildlife biologists have been working with coal
companies and land managers to explore the use of
higher quality plants that not only help control erosion
and provide ground cover, but offer greater wildlife
benefits as well. Plantings have consisted of vegetation
native to Kentucky such as Indian grass, switchgrass,
big bluestem, Virginia wild rye and sideoats grama,
among others. The native grasses that are now being
incorporated into many reclamation mixes grow in
large clumps. They have sturdy stems that remain
upright under the weight of snow and ice. These
“bunch grasses” provide overhead cover and access
to bare ground and seeds, allowing ground dwelling
animals travel corridors, brooding, and feeding areas.
In addition, legumes and wildflowers
are also being incorporated into
traditional planting mixes. Legumes
are plants that fix nitrogen in the
soil and produce valuable seeds
and attract insects. Species such
as Partridge Pea, beggarweeds,
tick trefoil and various Lespedezas are
important food sources for wildlife and
are readily being incorporated into these
wildlife friendly mixes.
Restoration projects have created
vast blocks of grasslands and shrub
lands within the forested landscape
creating wildlife habitat for a wide array of species.
For example, in the spring of 2007 one survey for
golden-winged warblers, showed 15 species of birds
on a single mine site along with several game species
including elk, deer, turkey, and quail.
Birds listed in Table 1 are considered species of concern
on a state level, which means their numbers are steadily
4
decreasing across the landscape. Species of concern are
closely monitored and management actions are taken to
ensure their numbers increase.
The vast grasslands and shrub lands created during coal
mining reclamation processes have allowed these species
to expand their range into eastern Kentucky. Many species
are well established and thriving throughout these human-
altered areas. Today, sites
that were once dominated
by mature hardwood tree
species are now part of a
dynamic system comprised
of grasses, shrubs, and
woody vegetation.
Kentucky’s wildlife are
not the only benefactors
of the thousands of acres
of reclaimed mine ground
across the state. KDFWR is
diligently working to ensure
thatoutdoorenthusiastshave
ample opportunities to reap
the benefits of these unique
areas. The KDFWR now
offers landowners elk tags
in return for public hunting
privileges on large blocks of land, including reclaimed
mine areas. These efforts have led to the creation of the
Ataya, Begley, and Howard Wildlife Management Areas
in southeast Kentucky. In addition, bird watching, elk
viewing, and numerous other opportunities are available to
those that enjoy all that the great outdoors has to offer.
While surface mining techniques have certainly changed
a portion of Kentucky’s landscape, land use planners and
managers are taking aggressive steps to maximize benefits
for wildlife and public use. So, next time you are in mining
country, take a moment to look and listen. You might just
hear the bugle of an elk, the gobble of a turkey, or see the
stately flight of the northern harrier!
Sunni L. Carr, Certified Wildlife
Biologist, Wildlife Diversity Coordinator,
Kentucky Department of Fish and Wildlife
Resources. Sunni enjoys bird watching,
fishing, and hunting with her family.
References:
Ingold, D. J. Use of a Reclaimed
Strip-mine by Grassland Nesting
Birds in East-Central Ohio. The
Ohio Journal of Science 102 (3) 2002,
pp 56-62.
Missouri Department of Natural Resources.
Establishing and Managing Warm-Season, Na-
tive Grasses on Reclaimed Minelands, 2002.
Table 1: Bird Species of
Concern
Grasshopper SparrowÐÐ
Henslow’s SparrowÐÐ
Northern HarrierÐÐ
Bob-o-linkÐÐ
Golden-winged WarblerÐÐ
Blue-winged WarblerÐÐ
Palm WarblerÐÐ
Prairie WarblerÐÐ
Hooded WarblerÐÐ
Blackburnian WarblerÐÐ
American RedstartÐÐ
Rose-breasted GrosbeakÐÐ
Blue-winged TealÐÐ
Blue-winged Warbler, Begley WMA
Photo by Laura Patton, Ky. Dept. of
Fish and Wildlife Resources
5
Coal mining is one of the most extensively regulated
industries in the United States. Coal producers are
required to go through a complicated process for
obtaining local, state, and federal permits to mine.
Before one shovel of earth can be turned, or one ton of
coal removed from the ground, a company must comply
with numerous laws and hundreds of regulations.
Meeting all the regulatory requirements is arduous
and timeconsuming, even for the most efficient and
well-managed companies. Typically, several years can
elapse between the start of planning a
mine and mining the first ton of coal.
Every mining site in the country is
regulated by multiple state and
federal agencies, sometimes
with conflicting regulations
between agencies. There
is an abundance of regulations, taxes, and permits that
apply in some form to every mine site.
Before one shovel of earth can be
turned a company must comply with
numerous laws and hundreds of
regulations
Pre-mining Issues
Planning for a mine site must begin years in
advance. The permitting costs are
considerable. If a consultant is
hired to obtain the necessary
permits, costs typically exceed
Five points favoring coal:
AbundantÐÐ —250 years supply.
AffordableÐÐ —Kentucky has the 4th
cheapest electrical rate in the nation
because of coal.
Reliable/SecureÐÐ —American made, and
mining is not subject to unreliable weather or
climate conditions; lessens our dependence
on foreign oil.
JobsÐÐ —The mining, transportation, and
burning of coal employs many more workers
than any other energy industry.
CleanÐÐ —Coal can be burned cleanly using
clean coal technology.
Permits, Burdens, and
Requirements for Mining Coal
By Tracy Goff
6
Reclaimed mountaintop removal mine site, Perry County
$100,000 for smaller sites and can triple this amount
for large surface mining sites.
In addition to consultant fees, significant initial costs
are incurred for reclamation bonding of disturbed areas
and fees for mitigation of stream impacts. Bonding and
mitigation fees together can range from several hundred
thousand dollars to millions of dollars. This situation
is further exasperated by leases and right‑of‑entry
agreements. Payment of advance royalties must often
be in place prior to submitting permit applications.
Inspection, Taxation, and Fees
Furthermore, there is a multitude of monitoring,
inspection, certification, and training activities for
a mine site to remain in full compliance with all
the regulatory requirements. The coal industry is
heavily burdened with tax liabilities. In addition to
the traditional taxes for income, property, sales, motor
vehicle use, fuel, and local issues, taxes and fees are
also levied against the coal industry for the value of
unmined coal, coal severance, and reclamation of
abandoned mine lands.
According to Mr. Joe Zaluski of Wyatt, Tarrant &
Combs, distance waivers, and local building and zoning
approvals may also be required.
The minimum permits and approvals
required to mine coal:
An extensive exploration permitÐÐ
from the Kentucky Division of Mine
Reclamation and Enforcement to core,
drill, or cut channel samples.
Mining permit from the KentuckyÐÐ
Division of Mine Permits that includes
the mining and reclamation plan, as well
as bonding for the disturbed area, and
a 401 Water Quality Certification.
United States Army Corps ofÐÐ
Engineers 404 permit that delineates
proposed stream impacts, and provides
a plan to mitigate, if needed.
Kentucky Pollutant DischargeÐÐ
Elimination System permit from the
Kentucky Division of Water to sample
and monitor discharges from the site.
Mine license and state file numberÐÐ
from the Kentucky Office of Mine Safety
and Licensing.
7
Hazard subdivision built on reclaimed mine land
Over time, a variety of factors have contributed to the abundance of
regulatory requirements affecting the coal industry. The coal mining
industry is a much maligned industry, stereotyped by both the media and
environmental groups as unfriendly to citizens and the environment. The
vast majority of coal producers work hard to minimize adverse effects to the
environment and conduct good reclamation. Operators understand that the
right to remove coal carries with it a great responsibility.
Tracy Goff, P.E. is the Vice President of Environmental Services at Summit
Engineering, Inc. in Pikeville, Ky. He lives in Jenkins, Ky. with his wife
Angie and his two children, Ali and Tanner.
Further items may
be required:
Blasting must be ap-
proved by the Kentucky
Division of Mine Per-
mits.
Use of explosives re-
quires a permit and li-
cense from the Bureau
of Alcohol, Tobacco,
Firearms and Explo-
sives.
Awater withdrawal per-
mit from the Kentucky
Division of Water.
An air quality permit
will be required from
the Kentucky Division
of Air Quality if coal is
processed in any way at
the site.
Mine Safety and
Health Administration
(MSHA) approval for
ventilation, roof control
plans, and coal slurry
impoundments.
MSHA and EPA ap-
proval for injection of
coal slurry or water into
an underground mine.
Kentucky Department
of Highways permit.
This is a thorough but not nec-
essarily an all inclusive list of
permits and authorizations re-
quired for a typical mine site
in Kentucky.
Farmland on reclaimed mine land at the Peabody Gibraltar site, west Kentucky
8
Reclaimed mine, now pastureland, west Kentucky
Coal...
Part of the Energy Independence Puzzle
Pineville, KY 40977 (606)248-4711 www.TheCombsGroupInc.com
9
Coal mining fills
Every method of mining—surface or underground—
generates excess rock and dirt, which is required to be
placed in an engineered fill.
When the earth above a coal seam is removed during
surface mining, it “swells” or expands, typically around
20 percent. The engineering terminology for excess or
left-over rock and dirt is “spoil,” “waste,” or “fill.” The
“spoil” and “waste” words may imply something sinister
to this material, but it is nothing more than rock and dirt.
While the majority of the rock and dirt can be returned
to the mining site, many times the coal operator must
find areas to place this excess material. These sites are
called fills.
Coal companies are required by EPA and the Corps of
Engineers to minimize the footprint (or size) of any fill
area. Excess rock and dirt must be placed in a permitted
and engineered area—typically at the head of a hollow
in eastern Kentucky.
Wherever engineered fills affect a stream, the water
flow is maintained through reconstruction of the stream
bed so water flows around the side of the fills. In
addition, sediment ponds are constructed below the
fills. Rainwater drains into the sediment pond and the
suspended dirt settles to the bottom of the pond. Once
the mining is completed and the fill area has been
revegetated, the sediment pond is removed as it is no
longer needed.
Fills in streams: Myths and Facts
Because of the legal definition of a stream, it is
practically impossible to have an engineered fill that
doesn’t impact an intermittent or ephemeral stream, even
though engineering practices try to avoid or minimize
this. Without the ability to have fills, it would be
difficult, if not impossible, to mine coal—either surface
or underground. The following two paragraphs are
representative of some common misconceptions.
“Burying streams with waste.” When fills are constructed
in streams, the stream is always reconstructed. Water
still flows just like it did prior to mining. The inference
of the stream being “buried” and thus blocking water
flow is simply not true. The “waste” is only excess rock
and dirt.
“Stream flows are adversely affected by valley fills.”
In fact, the U.S. Department of the Interior and the
U.S. Geological Survey released a Water Resources
Investigations Report on mountaintop mining and valley
fills. The report concluded with these positive results
from valley fill sites:
More stream flow during dry periods.ÐÐ
Less storm flow volume.ÐÐ
More stable water temperatures.ÐÐ
While coal mining draws the most attention, there are a
number of other activities which have similar effects on
streams. These include: highway construction, farming,
real estate development, commercial development, and
any other human activity which occurs on a stream.
While similar to mining, these activities are not subject
Streams and Coal Mining
By Bill Caylor
Typical pre-mining stream
Typical valley fill, Floyd County
10
to the strict environmental safeguards that mining has
for sediment control.
Stream reconstruction and mitigation
During reclamation, the coal company reconstructs any
stream impacted by mining. Reconstructed streams
function the same as the pre-mining stream. The
biological function of reconstructed streams continues
to improve with time. After many years, it is hard to
distinguish a reconstructed stream from a natural,
undisturbed stream.
Stream mitigation may include rehabilitating an impaired
stream, paying an equivalent fee to the Kentucky
Department for Fish and Wildlife (so it can conduct
stream restoration), or hopefully, providing sewer
infrastructure to eliminate raw sewage straight pipe
discharges in the coal fields. The Corps of Engineers is
encouraged to allow sewer infrastructure as mitigation.
Stream buffer zones
There are claims the coal industry routinely violates
the “stream buffer zone” requirement. This is very
misleading. When the 1977 federal surface mining law
was passed, the law did not contain any stream buffer
zone requirements—those were added by the Federal
Office of Surface Mining (OSM) when it issued the
regulations. These requirements were primarily meant
to protect flowing streams outside the mining area from
sedimentation, but also to provide protection for certain
limited streams within the mining area. The rules were
never intended to stop mining activities through minor
stream channels.
The law clearly anticipated placing excess spoil
material into the waters of the United States. For the
past 30 years, OSM has routinely allowed mining and
fills in ephemeral and intermittent streams. Recent rule
changes recognize this practice.
Bill Caylor is President of the Kentucky Coal
Association, which is headquartered in Lexington, Ky.
Learn more about the Kentucky Coal Association at
www.kentuckycoal.com.
References: Wiley J.B. et al. Reconnaissance of Stream Geomorphol-
ogy, Low Streamflow, and Stream Temperature in the Mountaintop
Coal-Mining Region, Southern West Virginia, 1999-2000, US
Department of the Interior, the USGS, Water Resources Investigations
Report 01-4092, 2001.
Reconstructed stream, Floyd County
Stream reconstruction in progress
Reconstructed stream, Floyd County
11
Overview
People living in the flatlands take level land for
granted. There is no level land outside the floodplain in
Appalachia that hasn’t been created by humans. These
areas of level land will help to create a sustainable
economy long after the coal is gone. These areas will
be the economic hub of Appalachia for the next 150 to
200 years.
You hear claims that mountaintop removal is flattening
Appalachia. In fact, most of Appalachia will remain
untouched, because only a small proportion, seven
percent, of mountaintop coal fields is mineable.
Did you know a coal company cannot mine land without
the surface owner’s permission? Typically, the first
question an operator will hear from an eastern Kentucky
surface owner is, “Will you leave me some level land?”
The coal company can leave the land level or return it
to its pre-mining shape in accordance with the
surface owner’s directives.
Value for landowners
Even if the landowner is not fortunate enough
to own the mineral rights, he still is well
compensated. Typically, 50 cents a ton is paid
for the use of the surface. That can be well
over $3,000 per acre for land that may have
been originally valued at $400 per acre. What
was once steep, inaccessible hillside now has
some level land on top, wide access roads,
ponds, and unlimited potential for use. The
landowner realizes increased property value.
Mountaintop Mining in Kentucky
By Bill Caylor
StoneCrest Golf Course, Floyd County
Cross-section of steep east Kentucky terrain, showing why
level land is needed in eastern Kentucky
12
Because of the difficulties of getting a permit, coal
operators have now begun to return the land to its
original shape (not leaving as much level land). In
2007, there were only eight active mountaintop removal
permits in Kentucky, and between
2005 and 2007, only two mountaintop
removal permits were issued.
Reclamation Needs
Finally, some words about our
reclamation. Some favor eliminating
surface mining altogether. If this
happens, you will eliminate potential
future farms, airports, housing
subdivisions, industrial parks,
recreational areas, commercial sites,
golf courses, and a host of other actual
uses of reclaimed coal mine lands.
One must have the vision to see the
many positives and the unlimited
potential of level land for only a small
part of eastern Kentucky.
Common sense can often be swayed by broad-brushing,
emotional statements. Mining is about the future of
eastern Kentucky, not about remembrances of the
past.
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13
Coal Mine Reclamation
By Bill Caylor
The coal industry does an excellent job reclaiming the
land after mining. In Kentucky, we have won numerous state
and national reclamation awards. The coal industry’s efforts
over the years to encourage fish and wildlife growth has resulted in
a resurgence of wildlife — a direct result of leaving open spaces, trees,
and shrubs that provide nourishment for wildlife and
ponds that contain water year round.
There is more wildlife than ever in
Kentucky, in part because of
reclaimed coal lands. It is on
reclaimed land where moun-
tain elk are now thriving.
To insure the land will be
properly reclaimed, the state
surface mining agency requires the coal
operator to post a reclamation bond. This bond is
not released for five years. This five-year period starts when the land is
backfilled, graded and revegetated. Reclamation bonds insure timely
and successful reclamation.
14
Post-Mining Land Uses
The law requires the reclaimed mine land to support the
land after mining, often a higher or better use. Examples
of post-mining land uses include industrial, fish and
wildlife, commercial, residential, or public use (including
recreational facilities). The surface owner must approve
the post-mining land use.
The regulatory agencies and the coal industry have
learned over the past 30 years what works and what does
not work. Operators are now planting native species of
grasses and trees. See Reclamation and Restoration on
page 4 of this issue.
Research has recently shown that over-compaction
impedes reclamation. Compaction is required for
stability purposes, but too much compaction can result in
lower survival rates for many tree species. Government
agencies are now promoting the Appalachian Regional
Reforestation Initiative (see page 23 of this issue), which
calls for minimal compaction of mine spoil. Research
has shown tree growth dramatically improves in low-
compacted mine spoil.
15
The reclaimed southeastern coal fields of Kentucky
are home to the largest elk herd east of the Rocky
Mountains, nearing the population goal of 10,000
animals. But the abundance and diversity of other
wildlife species found on reclaimed mine sites is also
remarkable. Working to restore and improve wildlife
habitat on mine sites was one of, and still is, the top
priorities for the Rocky Mountain Elk Foundation
(The Elk Foundation).
When visiting reclaimed mine sites in
southeastern Kentucky, it is common
to see an abundance of elk, white-
tailed deer, and wild turkeys.
However, a closer look can reveal
an abundance of species such
as Grasshopper Sparrows,
Bobwhite Quail, Northern
Harriers, Short-Eared Owls,
IndigoBuntings,Waterfowl,
Prairie Warblers, Yellow-
billed Cuckoos, and even
Golden-winged Warblers.
All of these bird species
except waterfowl are
considered imperiled
because of the loss
of grass and shrub
habitat throughout their
natural range. A recent article
in the Journal of Wildlife
Management1
addressed the
opportunities for grassland
song bird conservation on
reclaimed surface mines in
the Appalachians. The article
demonstrates the increasing
priority of grassland bird
conservation.
Coal mining, especially surface mining,
has a profound effect on the landscape and
wildlife within, and adjacent to the footprint
of the mine site. Everyone agrees that an
active mine site is barren and resembles a
moonscape. However, within the context of
geologic time and long term wildlife habitat
conservation, the temporal effect of active mining is
not even a blip on the time scale. Compound that with a
well-designed and innovative mine reclamation plan,
and an improved upland habitat for just about any
wildlife species imaginable can be created. While it
does not happen overnight after a mine is reclaimed,
over the span of five to ten years after planting, these
sites can provide outstanding habitat for multiple
species.
The Elk Foundation is working on habitat conservation
opportunities with the mining industry, the Kentucky
Department of Fish and Wildlife Resources, and with
state and federal regulatory agencies. This resulted
in new partnerships, and cost share assistance to 13
different mining companies for the design and planting
Reclaimed Mine Lands and
Wildlife: Its Not Just for Elk
By David Ledford
Elk on reclaimed mountaintop
mining land, Breathitt County
Elk on reclaimed mountaintop
mining land, Breathitt County
16
of over 2,000 acres of reclaimed
mine sites. The Elk Foundation
has consulted with other companies
to help them design and prescribe
revegetation for several hundred acres
of reclamation projects.
The target wildlife objective for
these projects has been elk and
grassland birds. However, it has been
discovered that grassland bird habitat
also makes outstanding habitat for
elk, white-tailed deer, turkeys, and
Bobwhite quail.
Looking to the future, The Elk
Foundation envisions an even larger
role in partnering with the mining
industry on reclamation projects and
other wildlife habitat conservation
opportunities. The prescription for a
reclamation project should be driven
by a specific wildlife habitat objective.
Mines can be selectively reclaimed for
elk and birds, beavers and wood ducks,
or for bats and warblers. Making this
determination is the first step, driven
by the desires of the landowner.
Once the landowner and mining
company conclude the best plan, The
Elk Foundation can help prescribe a
unique reclamation project
to achieve that specific
objective.
The opportunities
for reclaiming mine
land for specific wildlife are limited
only by human imagination. The
Rocky Mountain Elk Foundation is
committed to working with industry
and regulators to develop mine sites
that support an abundance and wide
diversity of wildlife species.
To learn more about The Elk Foundation,
or for help with a mine reclamation
program, contact David Ledford,
Director of the RMEF Appalachians
Wildlife Initiative. Ledford lives in
London, Ky., and can be reached by
e-mail at: dledford@rmef.org, or by
telephone at 606-330-0179.
Reference:
1. Brennan and Kuvlesky. NorthAmerican
Grassland Birds:An Unfolding Conservation
Crisis? Journal of Wildlife Management. 69(1)
2005, pp 1-13.
Goose Pond, Perry County
Reclaimed mountaintop mining
land, Breathitt County
17
Loggers pose inside a massive American chestnut.
The forests of eastern North America
were once home to vast stands of the
American chestnut tree (Castanea dentata
(Marsh.) Borkh.). The hardwood species
was so large that it came to be known as
the “redwood of the east”. These giants
averaged nearly five feet in diameter, and
could attain heights greater than 100 feet
tall, and some were much larger. The
largest reported chestnut tree was found
in Francis Cove, North Carolina and was
measured at 17 feet in diameter.
Could Surface Mines Help to
Restore the American Chestnut?
By Michael E. French, Christopher D. Barton, Donald Graves, Songlin Fei, and Kathryn Adank
18
Chestnuts and their protective burs that were harvested
as a seed source for future plantings. The spiny burs
protect the nuts from animals which will allow them to
mature and ripen.
So dominant was this tree that it grew in pure stands up
to 100 acres, numbered in the billions, and accounted
for nearly one out of every four trees throughout its
range. Of the seven or so chestnut species worldwide,
the American chestnut was by far the best timber
producer. They grew straight, fast, and often produced
three or four 16 foot logs before the first branch
was reached. Chestnut timber was prized due to its
straightness, beauty, workability, and resistance to rot,
even when in contact with soil. These characteristics
made it useful for fence posts, railroad ties, telegraph
poles, and building construction as well as furniture
and musical instruments. So numerous were its uses,
that it has been referred to as a “cradle to the grave”
species, because one’s crib and casket might both have
been constructed from chestnut wood.
As a nut producer, chestnut was
unrivalled. Unlike other nut producing
trees such as beech and oaks which flower
early, chestnuts flower in late spring and
early summer, when the blooms are in
no danger from frost, so every year the
trees would produce a nut crop that could
be relied upon by humans and wildlife
alike. Each fall, the trees would bear an
abundant crop of small, sweet nuts that
were consumed by rodents, raccoons,
bears, turkey, grouse, deer, livestock, and
people. Railroad cars would be loaded
with bushels of chestnuts that would
be shipped to cities so that pedestrians
could purchase freshly roasted chestnuts
from street vendors.
Farmers would turn their hogs loose in the hills so that
they could fatten up on the chestnut crop, which not only
added to their weight, but also lent the pork a sweeter
flavor. Virtually everyone in Appalachia, the heart of
the chestnuts range, has a story about this once mighty
tree. American chestnut was so universally known and
loved, that more than 900 places were named after
chestnut (e.g. Chestnut Ridge, Chestnut Run, Chestnut
Church, etc.), not to mention the numerous Chestnut
Streets found throughout the United States.
In 1904, a forester at the New York Zoological Park
noticed that some of the chestnuts on the grounds were
dying from a disease which was previously unknown to
him. It was also previously unknown to the American
chestnut tree. The chestnut blight, or Cryphonectria
parasitica, as the fungal disease eventually came
to be known, was of Asian import, likely coming to
America on infected Chinese or Japanese chestnuts.
It was spread through the forests by wind, insects,
and animals, including humans. Traveling about fifty
miles each year, the blight left decimated forests in its
wake. By the 1950’s, the entire range of the chestnut
had been affected, and approximately 4 billion trees
had perished. We lost an important wildlife and timber
tree and nearly one-quarter of the canopy cover of
our forests. Many consider the loss of the American
chestnut to be the greatest ecological disaster of the
20th century.
The blight fungus infects the American chestnut
through wounds of the bark. The pathogen then grows
in the bark and attacks the vascular tissues of the tree,
creating a canker which effectively cuts off circulation
By the 1950’s, the entire range of the chestnut had been
affected, approximately 4 billion trees had perished.
19
Containerized American chestnut seedlings grown at the University
of Kentucky for use in mine land reforestation experiments
to the branches above the canker, while leaving the
root system alive. It is fortunate that the disease does
not attack the roots; young chestnuts with healthy root
systems have the capacity to produce stump sprouts.
The ability to sprout has retained the American
chestnut’s presence in eastern forests, but what was
once a dominant overstory tree has been reduced to
occasional understory shrub.
There’s Hope
Since 1983, employees and members of The American
Chestnut Foundation (TACF) have taken on the task
of restoring this once dominant tree throughout its
native range. By crossing the few surviving American
chestnuts that reach the flowering stage with blight-
resistant Asiatic chestnuts, TACF is creating a tree that
will fill the void in our forests that was created by the
loss of American chestnut.
By conducting controlled pollinations through a series
of crosses, backcrosses, and intercrosses, TACF is
producing hybrid chestnuts that incorporate Asiatic
chestnuts’ blight resistance, while retaining the
desirable timber and nut producing characteristics of
the American chestnut. Essentially, TACF would like
to breed all Asian chestnut characteristics out of its
backcross trees, with the exception of blight resistance.
Each family line within a generation is selected for
blight resistance by inoculating the trees with strains
of the blight and only using those that show high levels
of resistance during successive stages of crossing. In
this manner, TACF is currently producing trees that are
approximately 15
/16 American chestnut in characteristic
and 1
/16 Chinese chestnut. TACF hopes to begin
widespread testing of their final product around 2010.
A tale of two pathogens
While the blight was decimating the chestnut from the
north, a second, lesser known disease had already been
killing chestnuts in its southern range. The disease,
a Phytophthora root rot known as “ink disease” or
“ink stain disease” due to the black lesions on the
roots and stems of infected trees, likely played a
role in the rapid decline of the American chestnut
and may influence future stands. Whereas chestnut
blight is a canker disease that leaves the tree with a
functioning root system, Phytophthora attacks the
roots, killing the entire tree and rendering it unable to
sprout. Phytophthora are categorized as water molds
and favor poorly drained soils. While TACF has been
aggressively breeding against the blight, breeding
and screening TACF family lines for Phytophthora
resistance is still in its early stages, and represents the
next hurdle for TACF restoration efforts.
20
Surface mines as a springboard
for restoration
The use of reclaimed surface mines
for chestnut reestablishment has
recently gained attention as the Office
of Surface Mining (OSM) continues
to promote the Forestry Reclamation
Approach (FRA). Numerous reasons
abound for planting chestnuts on
fresh mine spoils.
First, loose mine spoils reclaimed
using FRA techniques have shown
good growth and high survival
rates for other native Appalachian
hardwood species and may also be
suitable for chestnuts. Second, many
surface mines exhibit light and
soil chemical characteristics that
are similar to higher elevation and
ridgetop positions where chestnuts
were dominant. Third, loose mine spoils are initially
devoid of vegetative competition, a hindrance to many
reforestation efforts. Fourth, fresh mine spoils may
initially be devoid of pathogenic microbial communities
such as Phytophthora, which have hindered TACF’s
breeding and restoration efforts elsewhere. Moreover,
loose mine spoils are well-drained, which may hinder
establishment of Phytophthora. Lastly, theAppalachian
coal region falls almost entirely within the natural
distribution of American chestnut. If loose mine spoils
prove conducive to chestnut survival and growth,
then the establishment and dispersal from founder
populations of blight resistant hybrids throughout the
range of the Appalachian coal region would aid TACF’s
goal of restoring the chestnut throughout its range.
In anticipation of the release of the blight resistant
hybrids, research efforts are underway to evaluate the
suitability of loose mine spoils
in the Appalachian coal region
for chestnut establishment.
Pure American chestnuts
and excess TACF backcross
seedlings are being grown
at the Bent Mountain Mine
(Appalachian Fuels) in Pike
County, Kentucky to serve as
proxies for the true-breeding
blight resistant backcrosses
which are not yet being
produced in sufficient numbers
for widespread testing. We
have planted container-grown
seedlings into three types of
spoil material to determine
which parent material fosters
the best growth and survival.
The three spoil types are:
weathered brown sandstone,
Evaluating the growth of a chestnut seedling.
Photo courtesy of USDA.
Collecting pollen from a rare mature American chestnut
21
unweathered gray sandstone, and a mixture of shale
and brown and gray sandstones (mine-run spoil).
Seedlings are measured for height and diameter growth,
and causes of mortality are being assessed. After
one growing season, survival was high on all spoil
types, with the lowest around 80 percent on the brown
sandstone plots (Table 1). The three different spoil
types are also being baited for Phytophthora to see if
it can establish on these sites. Thus far, Phytophthora
has not been detected, and chestnuts have shown the
best height growth in the brown sandstone, but the
highest survival rates in the mixed spoil plots.
A second study is aimed at determining the best
way to establish Phytophthora-free plantings. Most
operationally planted reclamation projects use dormant,
bareroot nursery stock. However, Phytophthora
are present in the soil at many nurseries and may be
transported to planting sites on the roots of seedlings.
Chestnuts can be established from seed on the mine
site to avoid Phytophthora contamination, but rodent
predation of the seeds can be as detrimental to survival
as Phytophthora. As such, different planting techniques
are being evaluated. Twenty-four plots were established
to test growth and survival of direct-seeded chestnuts
versus those that were transplanted from containers
while actively growing. All seeds and seedlings were
protected from herbivores by 15” tree shelters that
were staked to the ground. Preliminary findings show
no significant differences between the two planting
techniques in terms of height growth, diameter growth,
or survival. Survival after one growing
season is approximately 80 percent for both
planting treatments, however, indicators of
stress (i.e. formation of a second leader,
multiple stems, and blight infection) were
higher on transplanted seedlings than those
that were direct-seeded (40 percent vs. 6
percent).
These promising results and other studies
by our group will continue and the results
will hopefully guide restoration efforts of
this important tree.
For more information on American
chestnut restoration, visit www.acf.org and
www.bae.uky.edu/UKReclamation.
This article was originally published in
Reclamation Matters Magazine (vol 4,
#2), and the KCA acknowledges their generosity for
granting permission to republish herein.
Table 1. Growth and survival of American chestnut seedlings on differing mine spoils
Type of spoil
Survival
(%)
Avg. height
growth (cm)
Avg. RCC
(mm)
Mixed Sandstone and Shale
(mine spoil)
100 a 25.5 a † 4.5 a
Unweathered Gray Sandstone 93.2 ab 24.0 a 4.5 a
Weathered Brown Sandstone 79.5 b 27.1 a 4.5 a
† Values followed by the same letter within a column are not statistically significant at p=0.05 level.
Sprouts from an old chestnut stump
22
The Federal Surface Mining Control and Reclamation
Act (SMCRA) was intended to improve surface-mined
landforms by increasing stability, improve water
quality, and enhance human safety. Unfortunately,
early implementation of SMCRA discouraged the
replacement of forests and instead encouraged hay
and pasturelands for post-mining land use. Natural
succession will eventually restore native forests but
this process is slow.
Before the Federal law was implemented in 1978, tree
planting efforts on surface mines were very successful.
In fact, prior to the Federal law, forestry was the
post‑mining land use of choice. Photo 1 shows the line
commonly called the May 3, 1978 Transition Line. It
marks, at this location, the exact date that SMCRA was
implemented. To the upper left is typical of pre-law
reclamation to trees. To the bottom right is typical of
post-law reclamation with grasslands.
Following SMCRA’s implementation, regulators
focused on stability of landforms created by mining
at the expense of restoring forest land capability. This
approach was caused by a desire to solve the problems
such as severe erosion, sedimentation, landslides,
and instability witnessed with pre-SMCRA surface
mining. Excessive soil compaction was common
and aggressive, and non-native ground covers were
generally planted. Furthermore, both regulators and
mine operators were challenged by the technical
complexities of implementing SMCRA in the years
following its passage.
Early efforts by mine operators to reforest under
SMCRA proved problematic, in part because these
efforts were conducted without the benefit of scientific
knowledge available today. As a result, mine operators
and regulators came to believe that post-mining land
uses such as hay and pastureland were easier and
cheaper to achieve than forests; thus, reforestation was
discouraged.
Overview of the Forestry
Reclamation Approach
By J. Steven Gardner, P.E., P.S.
Photo 1. May 3, 1978 Transition Line
Star Fire Mine test plot
Seedlings planted in rough grated area
23
These factors and others contributed to forests being
under used for post-mining land use, especially in
Appalachia. Highly productive forestland can be
created on reclaimed mine lands under existing laws
and regulations by using the Forestry Reclamation
Approach. The current reforestation initiative is an
effort to increase knowledge and change attitudes of
regulators, coal operators, and surface owners about
planting trees on reclaimed surface mines.
Appalachian Regional Reforestation
Initiative
The Appalachian Regional Reforestation Initiative
(ARRI) is a coalition of citizens, the coal industry, and
state government agencies. It is dedicated to restoring
forests on lands impacted by coal mining in the Eastern
United States.
ARRI advocates using the Forestry Reclamation
Approach, or FRA, to plant trees on reclaimed coal
mined lands.
5 Steps of the FRA:
1.  Create a suitable rooting medium for good tree
growth that is no less than five feet deep and comprised
of topsoil, weathered sandstone, and/or the best
available material.
2.  Loosely grade the topsoil or topsoil substitutes
established in step one to create a non-compacted
growth medium.
3.  Use ground covers that are compatible with the
type of tree planted.
4.  Plant two types of trees – one early succession
species for wildlife and soil stability, and one
commercially valuable crop trees.
5.  Use proper tree planting techniques.
Source: The text under “Appalachian Regional Reforestation Initia-
tive” was adapted from http://arri.osmre.gov/FRApproach.htm.
Results
Pictured in Figure 1 are cross sections of trees, all the
same age, and cut the same distance from the ground.
The bottom right tree grew in a natural Appalachian
forest that was never mined.
Figure 1. 17-year old white pines
The bottom left tree grew on a former mine site where
the soil was heavily compacted using the traditional
reclamation techniques advocated for the last 30 years.
The largest section is from a tree planted using the FRA.
When proper planting techniques are used, tree growth
can be increased exponentially.
Star Fire Mine test plot, White Ash trees, 7 years after planting
24
Conclusion
The Forestry Reclamation Approach technique is based
on the forestry research and scientific studies of several
leading universities, including work by Dr. Don Graves
at the University of Kentucky. Current federal and state
regulations support the FRA technique for establishing
forests for post-mining land use. The ARRI Core Team
has determined that when FRA is implemented, bond
releases are not unnecessarily delayed. When mining and
reclamation operations are conducted using the FRA, results
can include both cost-effective regulatory compliance
by the coal operator and productive post-mining forests.
Productive forests generate value for their owners and
provide watershed protection, wildlife habitat, and other
environmental services.
This project has resulted in a successful public-private
partnership that demonstrated how mining can be conducted,
and have the land reclaimed in a sustainable manner. This
creates numerous future opportunities in the process.
J. Steven Gardner, P.E., P.S., is president of Engineering
Consulting Services, Inc., which is headquartered
in Lexington, with offices in Corbin, Pikeville, and
Williamson, West Virginia. Learn more about ECSI at
www.engrservices.com.
References:
PatrickAngel, Office of Surface Mining, U.S. Department of Interior,
London, Kentucky, Vic Davis, Office of Surface Mining, U.S.D.I.,
Knoxville, Tennessee, Dr. James Burger, Virginia Polytechnic Institute
and State University, Blacksburg, Virginia, Dr. Donald Graves, Uni-
versity of Kentucky, Lexington, Kentucky, Dr. Carl Zipper, Virginia
Polytechnic Institute and State University, Blacksburg, Virginia. The
Appalachian Regional Reforestation Initiative, Forest Reclamation
Advisory No.1, December 2005.
Gold Supporters
Silver Supporters Bronze Supporters
BlackMountain Resources LLC
Summit Engineering Inc.
Star Fire Mine test site after 8 years, Perry County
Elkhorn-Hazard Coal Land, LLC
25
Cattle farm, east Kentucky D&D Ranch, Perry County
Wendell H. Ford Regional Airport, Perry County
Phoenix Subdivision, Perry County
Big Sandy Regional Airport, Martin County
Pastureland, Lost Mountain Job #1, Perry County
Photo Gallery: Restoration Sites in Kentucky
Clubhouse, StoneCrest Golf Course, Floyd County StoneCrest Golf Course, Floyd County
StoneCrest Golf Course, Floyd County
Mountaintop reclamation site, Breathitt County
Raven Rock Golf Course, Letcher County
Pine Branch Coal Company’s cattle farm, Perry County
Commercial site, Hazard Hazard subdivision
Prison, Floyd County
Topsoil at 25-year-old Lost Mountain Job #1,
Perry County
2 year-old chestnut tree in mine spoil
Topsoil, 20-year old reclaimed Branham & Baker
mine, Floyd County
Reclaimed land, west Kentucky Pikeville Airport
Wildlife area, Breathitt County
Farm, Knott County
Snails from 22-year-old reconstructed stream,
Floyd County
Wash Ridge, east Kentucky reclaimed farmland
Wildlife area, Breathitt County Horses grazing on reclaimed mine land, Breathitt County
New reclamation, east Kentucky
Forest and pasture, east Kentucky
Pasture and pond, west Kentucky
Recreation area, Pike County
Elk viewing station, Breathitt County
Sykes Building, Coal Fields Industrial Park,
Perry County
Wildlife area, Breathitt County
Inside the Knott County Sportsplex
Trus Joist MacMillan, Coal Fields Industrial Park,
Perry County
Knott County Sportsplex
Pastureland, Wolfe County Housing subdivision, Perry County
Reclaimed land, east Kentucky
Commercial buildings, Hazard
The Meadows Subdivision, Knott County
Cattle grazing on pastureland, east Kentucky
Reclaimed sediment pond, Magoffin County Wildlife area, Breathitt County
Raven Rock Golf Course, Letcher County
Reforested area, Floyd County
American Woodmark, Coal Fields Industrial Park,
Perry County
Pastureland, Wolfe County
StoneCrest subdivision, Floyd County Hay land, east Kentucky
Pikeville Airport
Recreational area, Floyd County
Fish and wildlife pond, Breathitt County
Reconstructed stream, Letcher County
2265 Harrodsburg Rd, Ste 200, Lexington, KY 40504 Phone (859)313-5070 Fax: (859)381-1005
Coal Mining Reclamation Bonds  Property & Casualty Insurance
Identification and Management of Hidden Environmental Risks
Balancing the needs of
Society and the Environment

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Kentucky Coal and the Environment Explores Wildlife Gains on Reclaimed Mine Lands

  • 1. Kentucky Coal and the Environment The Good News About Reclamation The Return of the Great American Chestnut Tree Old Mine Lands Offer New Opportunities for Wildlife Mountaintop Mining, and More
  • 2. Member FDICEqual Housing Lender Your full-service community bank
  • 3. Note from the Editor Welcome to the first editionofKentuckyCoal and the Environment! Many misconceptions surround coal mining, an important part of Kentucky’s economy and heritage. Our mission is to simply lay the facts on the table. We hope you enjoy the issue, and discover that there are many good aspects related to the coal industry. I want to thank the KCA supporters who funded this effort by their generous contributions. Please feel free to send me your comments. Dr. Carl Heltzel, Director of Environmental Chemistry and Education, Environmental Risk Management Consulting Company, 2265 Harrodsburg Road, Suite 200, Lexington, KY, 40504. cheltzel@ermc2.us Production Team Dr. Carl Heltzel, Editor-in-Chief Eugene Williams, Sr. Graphic Designer Audrey Keown, Copy Editor Administrative Team Bill Caylor, P.E., J.D., President KCA David Moss, Director of GovernmentAffairs Roberta James, Administrative Associate Technical Reviewers Mike Ricci, P.E., ErMC2, Inc. Dr. Christopher Barton, University of Ky. Don Gibson, ICG, LLC Kentucky Coal and the Environment is a special, freely distributed publication of the Kentucky Coal Association at 340 South Broadway, Suite 100, Lexington, KY 40508-2553. Any mailings sent via the U.S. Postal Service paid at Lexing- ton, Ky. Omnivert, LLC assumes no responsibility for the content of this publication. Views, state- ments, and opinions expressed do not neces- sarily represent those of the design staff. All rights reserved. No part of this publication may be reproduced, stored in a retrieval sys- tem, or transmitted in any form by any means, now known or later developed, including, but not limited to electronic, mechanical, photo- copying, recording, or otherwise, without the express permission of the copyright owner. Requests for permission should be directed in writing to Kentucky Coal and the Environ- ment, KCA, 340 South Broadway, Suite 100, Lexington, KY 40508-2553. Kentucky Coal and the Environment Volume 1, January 2008 4 Reclamation and Restoration: Old Mine Lands Offer New Opportunities for Wildlife Reclaimed mine lands offer a unique opportunity for many species of wildlife. Read about scientific advances that are making it possible for the significant re-emergence of terrestrial and mammal species. 6 Permits, Burdens, and Requirements for Mining Coal Modern mining regulations make coal mining one of the most heavily regulated industries in the United States. Numerous laws and hundreds of regulations must be complied with before coal companies can deliver the affordable electricity with which most of us have become ac- customed and may even take for granted. 10 Streams and Coal Mining There is public confusion about how coal mining affects Kentucky’s beautiful streams. Stream reconstruction and mitigation including buffer zones allows our restored streams to function the same as pre-mining streams. 12 Mountaintop Mining in Kentucky The truth is that there is no level land outside of the floodplain in Appalachia that hasn’t been created by human efforts. Areas of level land will help to create a sustainable economy long after the coal is gone, providing the economic hub of Appalachia for the next 150 to 200 years. 14 Coal Mine Reclamation In Kentucky, coal mining reclamation efforts have resulted in numerous state and national reclamation awards. A resurgence of wildlife is taking place right now, and there is more wildlife now than ever in Kentucky. 16 Reclaimed Mine Lands and Wildlife: It’s Not Just for Elk One of the top priorities for the Rocky Mountain Elk Foundation is to restore and improve wildlife habitat living on reclaimed mine sites. See how their efforts have made great strides in increasing the numbers of a wide range of wildlife species. 18 Could Surface Mines Help to Restore the American Chestnut? The American chestnut tree once dominated the Kentucky landscape. Billions of these mam- moth, valuable trees grew in vast stands across our state until a blight began to decimate them in 1905. Researchers in the Department of Forestry at the University of Kentucky show that the chestnut tree grows particularly well in reclaimed mine areas. 23 Overview of the Forestry Reclamation Approach What were the effects of the Surface Mining Control and Reclamation Act (SMCRA)? New research and scientific studies by leading universities show cost-effective methods for gener- ating value for landowners while providing watershed protection, wildlife habitat, and other environmental advances. 26 Photo Gallery: Restoration Sites in Kentucky Beautifully restored landscapes and the many uses of reclaimed mine lands. © Copyright 2008, Kentucky Coal Association Printed in the U.S.A 3
  • 4. Reclamation and Restoration: Old Mine Lands Offer New Opportunities for Wildlife By Sunni Carr As early settlers forged ahead and crossed the Cumberland Gap into Kentucky, they were greeted by a deciduous forest dominated by enormous American chestnut trees. The sounds of wolves, elk, wild turkey, drumming grouse, and the song of many different woodland songbirds filled the air. Two hundred and fifty years later the landscape of eastern Kentucky has certainly changed. Large-scale logging, chestnut blight, commercial and housing development, coal mining, and even some farming has altered the face of this area. In our society electricity is no longer a luxury, it is a necessity and coal continues to supply much of our energy needs. Using our natural deposits of coal decreases our dependence on foreign oil, ultimately improving our national security. As long as coal remains a primary energy source for much of the world, coal mining operations will continue. But new regulations regarding bonding and insurance, reclamation, and emerging scientific research are placing a new face on the coal industry. This is good news, so long as we are open-minded to these recent advances. Many environmental issues are associated with mining, but unique opportunities are emerging. Reclaimed mine land can make large-scale habitat available for wildlife dependent on grasslands and shrub lands. Kentucky Department of Fish and Wildlife Resources (KDFWR) targets both bond released and newly prepared mine reclamation sites for wildlife habitat enhancement. With creative planning prior to reclamation taking place, plants that are wildlife friendly can be added to, or replace traditional vegetation used in mine reclamation activities. These projects have fostered working relationships between the Department and industry representatives which benefit both wildlife and business interests. Terrestrial and Habitat Gains Reclamation research on mine sites play a crucial role in dictating which plant species will flourish. Therefore, in 1995, KDFWR and the Kentucky Department of Surface Mining worked to enhance reclamation practices by minimizing compaction and promoting wildlife friendly planting mixes. Wildlife biologists have been working with coal companies and land managers to explore the use of higher quality plants that not only help control erosion and provide ground cover, but offer greater wildlife benefits as well. Plantings have consisted of vegetation native to Kentucky such as Indian grass, switchgrass, big bluestem, Virginia wild rye and sideoats grama, among others. The native grasses that are now being incorporated into many reclamation mixes grow in large clumps. They have sturdy stems that remain upright under the weight of snow and ice. These “bunch grasses” provide overhead cover and access to bare ground and seeds, allowing ground dwelling animals travel corridors, brooding, and feeding areas. In addition, legumes and wildflowers are also being incorporated into traditional planting mixes. Legumes are plants that fix nitrogen in the soil and produce valuable seeds and attract insects. Species such as Partridge Pea, beggarweeds, tick trefoil and various Lespedezas are important food sources for wildlife and are readily being incorporated into these wildlife friendly mixes. Restoration projects have created vast blocks of grasslands and shrub lands within the forested landscape creating wildlife habitat for a wide array of species. For example, in the spring of 2007 one survey for golden-winged warblers, showed 15 species of birds on a single mine site along with several game species including elk, deer, turkey, and quail. Birds listed in Table 1 are considered species of concern on a state level, which means their numbers are steadily 4
  • 5. decreasing across the landscape. Species of concern are closely monitored and management actions are taken to ensure their numbers increase. The vast grasslands and shrub lands created during coal mining reclamation processes have allowed these species to expand their range into eastern Kentucky. Many species are well established and thriving throughout these human- altered areas. Today, sites that were once dominated by mature hardwood tree species are now part of a dynamic system comprised of grasses, shrubs, and woody vegetation. Kentucky’s wildlife are not the only benefactors of the thousands of acres of reclaimed mine ground across the state. KDFWR is diligently working to ensure thatoutdoorenthusiastshave ample opportunities to reap the benefits of these unique areas. The KDFWR now offers landowners elk tags in return for public hunting privileges on large blocks of land, including reclaimed mine areas. These efforts have led to the creation of the Ataya, Begley, and Howard Wildlife Management Areas in southeast Kentucky. In addition, bird watching, elk viewing, and numerous other opportunities are available to those that enjoy all that the great outdoors has to offer. While surface mining techniques have certainly changed a portion of Kentucky’s landscape, land use planners and managers are taking aggressive steps to maximize benefits for wildlife and public use. So, next time you are in mining country, take a moment to look and listen. You might just hear the bugle of an elk, the gobble of a turkey, or see the stately flight of the northern harrier! Sunni L. Carr, Certified Wildlife Biologist, Wildlife Diversity Coordinator, Kentucky Department of Fish and Wildlife Resources. Sunni enjoys bird watching, fishing, and hunting with her family. References: Ingold, D. J. Use of a Reclaimed Strip-mine by Grassland Nesting Birds in East-Central Ohio. The Ohio Journal of Science 102 (3) 2002, pp 56-62. Missouri Department of Natural Resources. Establishing and Managing Warm-Season, Na- tive Grasses on Reclaimed Minelands, 2002. Table 1: Bird Species of Concern Grasshopper SparrowÐÐ Henslow’s SparrowÐÐ Northern HarrierÐÐ Bob-o-linkÐÐ Golden-winged WarblerÐÐ Blue-winged WarblerÐÐ Palm WarblerÐÐ Prairie WarblerÐÐ Hooded WarblerÐÐ Blackburnian WarblerÐÐ American RedstartÐÐ Rose-breasted GrosbeakÐÐ Blue-winged TealÐÐ Blue-winged Warbler, Begley WMA Photo by Laura Patton, Ky. Dept. of Fish and Wildlife Resources 5
  • 6. Coal mining is one of the most extensively regulated industries in the United States. Coal producers are required to go through a complicated process for obtaining local, state, and federal permits to mine. Before one shovel of earth can be turned, or one ton of coal removed from the ground, a company must comply with numerous laws and hundreds of regulations. Meeting all the regulatory requirements is arduous and timeconsuming, even for the most efficient and well-managed companies. Typically, several years can elapse between the start of planning a mine and mining the first ton of coal. Every mining site in the country is regulated by multiple state and federal agencies, sometimes with conflicting regulations between agencies. There is an abundance of regulations, taxes, and permits that apply in some form to every mine site. Before one shovel of earth can be turned a company must comply with numerous laws and hundreds of regulations Pre-mining Issues Planning for a mine site must begin years in advance. The permitting costs are considerable. If a consultant is hired to obtain the necessary permits, costs typically exceed Five points favoring coal: AbundantÐÐ —250 years supply. AffordableÐÐ —Kentucky has the 4th cheapest electrical rate in the nation because of coal. Reliable/SecureÐÐ —American made, and mining is not subject to unreliable weather or climate conditions; lessens our dependence on foreign oil. JobsÐÐ —The mining, transportation, and burning of coal employs many more workers than any other energy industry. CleanÐÐ —Coal can be burned cleanly using clean coal technology. Permits, Burdens, and Requirements for Mining Coal By Tracy Goff 6
  • 7. Reclaimed mountaintop removal mine site, Perry County $100,000 for smaller sites and can triple this amount for large surface mining sites. In addition to consultant fees, significant initial costs are incurred for reclamation bonding of disturbed areas and fees for mitigation of stream impacts. Bonding and mitigation fees together can range from several hundred thousand dollars to millions of dollars. This situation is further exasperated by leases and right‑of‑entry agreements. Payment of advance royalties must often be in place prior to submitting permit applications. Inspection, Taxation, and Fees Furthermore, there is a multitude of monitoring, inspection, certification, and training activities for a mine site to remain in full compliance with all the regulatory requirements. The coal industry is heavily burdened with tax liabilities. In addition to the traditional taxes for income, property, sales, motor vehicle use, fuel, and local issues, taxes and fees are also levied against the coal industry for the value of unmined coal, coal severance, and reclamation of abandoned mine lands. According to Mr. Joe Zaluski of Wyatt, Tarrant & Combs, distance waivers, and local building and zoning approvals may also be required. The minimum permits and approvals required to mine coal: An extensive exploration permitÐÐ from the Kentucky Division of Mine Reclamation and Enforcement to core, drill, or cut channel samples. Mining permit from the KentuckyÐÐ Division of Mine Permits that includes the mining and reclamation plan, as well as bonding for the disturbed area, and a 401 Water Quality Certification. United States Army Corps ofÐÐ Engineers 404 permit that delineates proposed stream impacts, and provides a plan to mitigate, if needed. Kentucky Pollutant DischargeÐÐ Elimination System permit from the Kentucky Division of Water to sample and monitor discharges from the site. Mine license and state file numberÐÐ from the Kentucky Office of Mine Safety and Licensing. 7
  • 8. Hazard subdivision built on reclaimed mine land Over time, a variety of factors have contributed to the abundance of regulatory requirements affecting the coal industry. The coal mining industry is a much maligned industry, stereotyped by both the media and environmental groups as unfriendly to citizens and the environment. The vast majority of coal producers work hard to minimize adverse effects to the environment and conduct good reclamation. Operators understand that the right to remove coal carries with it a great responsibility. Tracy Goff, P.E. is the Vice President of Environmental Services at Summit Engineering, Inc. in Pikeville, Ky. He lives in Jenkins, Ky. with his wife Angie and his two children, Ali and Tanner. Further items may be required: Blasting must be ap- proved by the Kentucky Division of Mine Per- mits. Use of explosives re- quires a permit and li- cense from the Bureau of Alcohol, Tobacco, Firearms and Explo- sives. Awater withdrawal per- mit from the Kentucky Division of Water. An air quality permit will be required from the Kentucky Division of Air Quality if coal is processed in any way at the site. Mine Safety and Health Administration (MSHA) approval for ventilation, roof control plans, and coal slurry impoundments. MSHA and EPA ap- proval for injection of coal slurry or water into an underground mine. Kentucky Department of Highways permit. This is a thorough but not nec- essarily an all inclusive list of permits and authorizations re- quired for a typical mine site in Kentucky. Farmland on reclaimed mine land at the Peabody Gibraltar site, west Kentucky 8
  • 9. Reclaimed mine, now pastureland, west Kentucky Coal... Part of the Energy Independence Puzzle Pineville, KY 40977 (606)248-4711 www.TheCombsGroupInc.com 9
  • 10. Coal mining fills Every method of mining—surface or underground— generates excess rock and dirt, which is required to be placed in an engineered fill. When the earth above a coal seam is removed during surface mining, it “swells” or expands, typically around 20 percent. The engineering terminology for excess or left-over rock and dirt is “spoil,” “waste,” or “fill.” The “spoil” and “waste” words may imply something sinister to this material, but it is nothing more than rock and dirt. While the majority of the rock and dirt can be returned to the mining site, many times the coal operator must find areas to place this excess material. These sites are called fills. Coal companies are required by EPA and the Corps of Engineers to minimize the footprint (or size) of any fill area. Excess rock and dirt must be placed in a permitted and engineered area—typically at the head of a hollow in eastern Kentucky. Wherever engineered fills affect a stream, the water flow is maintained through reconstruction of the stream bed so water flows around the side of the fills. In addition, sediment ponds are constructed below the fills. Rainwater drains into the sediment pond and the suspended dirt settles to the bottom of the pond. Once the mining is completed and the fill area has been revegetated, the sediment pond is removed as it is no longer needed. Fills in streams: Myths and Facts Because of the legal definition of a stream, it is practically impossible to have an engineered fill that doesn’t impact an intermittent or ephemeral stream, even though engineering practices try to avoid or minimize this. Without the ability to have fills, it would be difficult, if not impossible, to mine coal—either surface or underground. The following two paragraphs are representative of some common misconceptions. “Burying streams with waste.” When fills are constructed in streams, the stream is always reconstructed. Water still flows just like it did prior to mining. The inference of the stream being “buried” and thus blocking water flow is simply not true. The “waste” is only excess rock and dirt. “Stream flows are adversely affected by valley fills.” In fact, the U.S. Department of the Interior and the U.S. Geological Survey released a Water Resources Investigations Report on mountaintop mining and valley fills. The report concluded with these positive results from valley fill sites: More stream flow during dry periods.ÐÐ Less storm flow volume.ÐÐ More stable water temperatures.ÐÐ While coal mining draws the most attention, there are a number of other activities which have similar effects on streams. These include: highway construction, farming, real estate development, commercial development, and any other human activity which occurs on a stream. While similar to mining, these activities are not subject Streams and Coal Mining By Bill Caylor Typical pre-mining stream Typical valley fill, Floyd County 10
  • 11. to the strict environmental safeguards that mining has for sediment control. Stream reconstruction and mitigation During reclamation, the coal company reconstructs any stream impacted by mining. Reconstructed streams function the same as the pre-mining stream. The biological function of reconstructed streams continues to improve with time. After many years, it is hard to distinguish a reconstructed stream from a natural, undisturbed stream. Stream mitigation may include rehabilitating an impaired stream, paying an equivalent fee to the Kentucky Department for Fish and Wildlife (so it can conduct stream restoration), or hopefully, providing sewer infrastructure to eliminate raw sewage straight pipe discharges in the coal fields. The Corps of Engineers is encouraged to allow sewer infrastructure as mitigation. Stream buffer zones There are claims the coal industry routinely violates the “stream buffer zone” requirement. This is very misleading. When the 1977 federal surface mining law was passed, the law did not contain any stream buffer zone requirements—those were added by the Federal Office of Surface Mining (OSM) when it issued the regulations. These requirements were primarily meant to protect flowing streams outside the mining area from sedimentation, but also to provide protection for certain limited streams within the mining area. The rules were never intended to stop mining activities through minor stream channels. The law clearly anticipated placing excess spoil material into the waters of the United States. For the past 30 years, OSM has routinely allowed mining and fills in ephemeral and intermittent streams. Recent rule changes recognize this practice. Bill Caylor is President of the Kentucky Coal Association, which is headquartered in Lexington, Ky. Learn more about the Kentucky Coal Association at www.kentuckycoal.com. References: Wiley J.B. et al. Reconnaissance of Stream Geomorphol- ogy, Low Streamflow, and Stream Temperature in the Mountaintop Coal-Mining Region, Southern West Virginia, 1999-2000, US Department of the Interior, the USGS, Water Resources Investigations Report 01-4092, 2001. Reconstructed stream, Floyd County Stream reconstruction in progress Reconstructed stream, Floyd County 11
  • 12. Overview People living in the flatlands take level land for granted. There is no level land outside the floodplain in Appalachia that hasn’t been created by humans. These areas of level land will help to create a sustainable economy long after the coal is gone. These areas will be the economic hub of Appalachia for the next 150 to 200 years. You hear claims that mountaintop removal is flattening Appalachia. In fact, most of Appalachia will remain untouched, because only a small proportion, seven percent, of mountaintop coal fields is mineable. Did you know a coal company cannot mine land without the surface owner’s permission? Typically, the first question an operator will hear from an eastern Kentucky surface owner is, “Will you leave me some level land?” The coal company can leave the land level or return it to its pre-mining shape in accordance with the surface owner’s directives. Value for landowners Even if the landowner is not fortunate enough to own the mineral rights, he still is well compensated. Typically, 50 cents a ton is paid for the use of the surface. That can be well over $3,000 per acre for land that may have been originally valued at $400 per acre. What was once steep, inaccessible hillside now has some level land on top, wide access roads, ponds, and unlimited potential for use. The landowner realizes increased property value. Mountaintop Mining in Kentucky By Bill Caylor StoneCrest Golf Course, Floyd County Cross-section of steep east Kentucky terrain, showing why level land is needed in eastern Kentucky 12
  • 13. Because of the difficulties of getting a permit, coal operators have now begun to return the land to its original shape (not leaving as much level land). In 2007, there were only eight active mountaintop removal permits in Kentucky, and between 2005 and 2007, only two mountaintop removal permits were issued. Reclamation Needs Finally, some words about our reclamation. Some favor eliminating surface mining altogether. If this happens, you will eliminate potential future farms, airports, housing subdivisions, industrial parks, recreational areas, commercial sites, golf courses, and a host of other actual uses of reclaimed coal mine lands. One must have the vision to see the many positives and the unlimited potential of level land for only a small part of eastern Kentucky. Common sense can often be swayed by broad-brushing, emotional statements. Mining is about the future of eastern Kentucky, not about remembrances of the past. ENGINEERING CONSULTING SERVICES, INC. CIVIL  ENVIRONMENTAL  MINING  SAFETY ENGINEERING CONSULTING SERVICES, INC. CIVIL  ENVIRONMENTAL  MINING  SAFETY ECSI HEADQUARTERS 340 S. BROADWAY, SUITE 200 / LEXINGTON, KY 40508 PHONE 859.233.2103 / FAX 859.259.3394 BRANCH OFFICES CORBIN, KY / 606.526.6396 PIKEVILLE, KY / 606.432.2443 WILLIAMSON, WV / 304.235.1885 Visit our NEW Website! www.engrservices.com Celebrating Years of ServiceCelebrating Years of Service2525 Housing subdivision, Hazard 13
  • 14. Coal Mine Reclamation By Bill Caylor The coal industry does an excellent job reclaiming the land after mining. In Kentucky, we have won numerous state and national reclamation awards. The coal industry’s efforts over the years to encourage fish and wildlife growth has resulted in a resurgence of wildlife — a direct result of leaving open spaces, trees, and shrubs that provide nourishment for wildlife and ponds that contain water year round. There is more wildlife than ever in Kentucky, in part because of reclaimed coal lands. It is on reclaimed land where moun- tain elk are now thriving. To insure the land will be properly reclaimed, the state surface mining agency requires the coal operator to post a reclamation bond. This bond is not released for five years. This five-year period starts when the land is backfilled, graded and revegetated. Reclamation bonds insure timely and successful reclamation. 14
  • 15. Post-Mining Land Uses The law requires the reclaimed mine land to support the land after mining, often a higher or better use. Examples of post-mining land uses include industrial, fish and wildlife, commercial, residential, or public use (including recreational facilities). The surface owner must approve the post-mining land use. The regulatory agencies and the coal industry have learned over the past 30 years what works and what does not work. Operators are now planting native species of grasses and trees. See Reclamation and Restoration on page 4 of this issue. Research has recently shown that over-compaction impedes reclamation. Compaction is required for stability purposes, but too much compaction can result in lower survival rates for many tree species. Government agencies are now promoting the Appalachian Regional Reforestation Initiative (see page 23 of this issue), which calls for minimal compaction of mine spoil. Research has shown tree growth dramatically improves in low- compacted mine spoil. 15
  • 16. The reclaimed southeastern coal fields of Kentucky are home to the largest elk herd east of the Rocky Mountains, nearing the population goal of 10,000 animals. But the abundance and diversity of other wildlife species found on reclaimed mine sites is also remarkable. Working to restore and improve wildlife habitat on mine sites was one of, and still is, the top priorities for the Rocky Mountain Elk Foundation (The Elk Foundation). When visiting reclaimed mine sites in southeastern Kentucky, it is common to see an abundance of elk, white- tailed deer, and wild turkeys. However, a closer look can reveal an abundance of species such as Grasshopper Sparrows, Bobwhite Quail, Northern Harriers, Short-Eared Owls, IndigoBuntings,Waterfowl, Prairie Warblers, Yellow- billed Cuckoos, and even Golden-winged Warblers. All of these bird species except waterfowl are considered imperiled because of the loss of grass and shrub habitat throughout their natural range. A recent article in the Journal of Wildlife Management1 addressed the opportunities for grassland song bird conservation on reclaimed surface mines in the Appalachians. The article demonstrates the increasing priority of grassland bird conservation. Coal mining, especially surface mining, has a profound effect on the landscape and wildlife within, and adjacent to the footprint of the mine site. Everyone agrees that an active mine site is barren and resembles a moonscape. However, within the context of geologic time and long term wildlife habitat conservation, the temporal effect of active mining is not even a blip on the time scale. Compound that with a well-designed and innovative mine reclamation plan, and an improved upland habitat for just about any wildlife species imaginable can be created. While it does not happen overnight after a mine is reclaimed, over the span of five to ten years after planting, these sites can provide outstanding habitat for multiple species. The Elk Foundation is working on habitat conservation opportunities with the mining industry, the Kentucky Department of Fish and Wildlife Resources, and with state and federal regulatory agencies. This resulted in new partnerships, and cost share assistance to 13 different mining companies for the design and planting Reclaimed Mine Lands and Wildlife: Its Not Just for Elk By David Ledford Elk on reclaimed mountaintop mining land, Breathitt County Elk on reclaimed mountaintop mining land, Breathitt County 16
  • 17. of over 2,000 acres of reclaimed mine sites. The Elk Foundation has consulted with other companies to help them design and prescribe revegetation for several hundred acres of reclamation projects. The target wildlife objective for these projects has been elk and grassland birds. However, it has been discovered that grassland bird habitat also makes outstanding habitat for elk, white-tailed deer, turkeys, and Bobwhite quail. Looking to the future, The Elk Foundation envisions an even larger role in partnering with the mining industry on reclamation projects and other wildlife habitat conservation opportunities. The prescription for a reclamation project should be driven by a specific wildlife habitat objective. Mines can be selectively reclaimed for elk and birds, beavers and wood ducks, or for bats and warblers. Making this determination is the first step, driven by the desires of the landowner. Once the landowner and mining company conclude the best plan, The Elk Foundation can help prescribe a unique reclamation project to achieve that specific objective. The opportunities for reclaiming mine land for specific wildlife are limited only by human imagination. The Rocky Mountain Elk Foundation is committed to working with industry and regulators to develop mine sites that support an abundance and wide diversity of wildlife species. To learn more about The Elk Foundation, or for help with a mine reclamation program, contact David Ledford, Director of the RMEF Appalachians Wildlife Initiative. Ledford lives in London, Ky., and can be reached by e-mail at: dledford@rmef.org, or by telephone at 606-330-0179. Reference: 1. Brennan and Kuvlesky. NorthAmerican Grassland Birds:An Unfolding Conservation Crisis? Journal of Wildlife Management. 69(1) 2005, pp 1-13. Goose Pond, Perry County Reclaimed mountaintop mining land, Breathitt County 17
  • 18. Loggers pose inside a massive American chestnut. The forests of eastern North America were once home to vast stands of the American chestnut tree (Castanea dentata (Marsh.) Borkh.). The hardwood species was so large that it came to be known as the “redwood of the east”. These giants averaged nearly five feet in diameter, and could attain heights greater than 100 feet tall, and some were much larger. The largest reported chestnut tree was found in Francis Cove, North Carolina and was measured at 17 feet in diameter. Could Surface Mines Help to Restore the American Chestnut? By Michael E. French, Christopher D. Barton, Donald Graves, Songlin Fei, and Kathryn Adank 18
  • 19. Chestnuts and their protective burs that were harvested as a seed source for future plantings. The spiny burs protect the nuts from animals which will allow them to mature and ripen. So dominant was this tree that it grew in pure stands up to 100 acres, numbered in the billions, and accounted for nearly one out of every four trees throughout its range. Of the seven or so chestnut species worldwide, the American chestnut was by far the best timber producer. They grew straight, fast, and often produced three or four 16 foot logs before the first branch was reached. Chestnut timber was prized due to its straightness, beauty, workability, and resistance to rot, even when in contact with soil. These characteristics made it useful for fence posts, railroad ties, telegraph poles, and building construction as well as furniture and musical instruments. So numerous were its uses, that it has been referred to as a “cradle to the grave” species, because one’s crib and casket might both have been constructed from chestnut wood. As a nut producer, chestnut was unrivalled. Unlike other nut producing trees such as beech and oaks which flower early, chestnuts flower in late spring and early summer, when the blooms are in no danger from frost, so every year the trees would produce a nut crop that could be relied upon by humans and wildlife alike. Each fall, the trees would bear an abundant crop of small, sweet nuts that were consumed by rodents, raccoons, bears, turkey, grouse, deer, livestock, and people. Railroad cars would be loaded with bushels of chestnuts that would be shipped to cities so that pedestrians could purchase freshly roasted chestnuts from street vendors. Farmers would turn their hogs loose in the hills so that they could fatten up on the chestnut crop, which not only added to their weight, but also lent the pork a sweeter flavor. Virtually everyone in Appalachia, the heart of the chestnuts range, has a story about this once mighty tree. American chestnut was so universally known and loved, that more than 900 places were named after chestnut (e.g. Chestnut Ridge, Chestnut Run, Chestnut Church, etc.), not to mention the numerous Chestnut Streets found throughout the United States. In 1904, a forester at the New York Zoological Park noticed that some of the chestnuts on the grounds were dying from a disease which was previously unknown to him. It was also previously unknown to the American chestnut tree. The chestnut blight, or Cryphonectria parasitica, as the fungal disease eventually came to be known, was of Asian import, likely coming to America on infected Chinese or Japanese chestnuts. It was spread through the forests by wind, insects, and animals, including humans. Traveling about fifty miles each year, the blight left decimated forests in its wake. By the 1950’s, the entire range of the chestnut had been affected, and approximately 4 billion trees had perished. We lost an important wildlife and timber tree and nearly one-quarter of the canopy cover of our forests. Many consider the loss of the American chestnut to be the greatest ecological disaster of the 20th century. The blight fungus infects the American chestnut through wounds of the bark. The pathogen then grows in the bark and attacks the vascular tissues of the tree, creating a canker which effectively cuts off circulation By the 1950’s, the entire range of the chestnut had been affected, approximately 4 billion trees had perished. 19
  • 20. Containerized American chestnut seedlings grown at the University of Kentucky for use in mine land reforestation experiments to the branches above the canker, while leaving the root system alive. It is fortunate that the disease does not attack the roots; young chestnuts with healthy root systems have the capacity to produce stump sprouts. The ability to sprout has retained the American chestnut’s presence in eastern forests, but what was once a dominant overstory tree has been reduced to occasional understory shrub. There’s Hope Since 1983, employees and members of The American Chestnut Foundation (TACF) have taken on the task of restoring this once dominant tree throughout its native range. By crossing the few surviving American chestnuts that reach the flowering stage with blight- resistant Asiatic chestnuts, TACF is creating a tree that will fill the void in our forests that was created by the loss of American chestnut. By conducting controlled pollinations through a series of crosses, backcrosses, and intercrosses, TACF is producing hybrid chestnuts that incorporate Asiatic chestnuts’ blight resistance, while retaining the desirable timber and nut producing characteristics of the American chestnut. Essentially, TACF would like to breed all Asian chestnut characteristics out of its backcross trees, with the exception of blight resistance. Each family line within a generation is selected for blight resistance by inoculating the trees with strains of the blight and only using those that show high levels of resistance during successive stages of crossing. In this manner, TACF is currently producing trees that are approximately 15 /16 American chestnut in characteristic and 1 /16 Chinese chestnut. TACF hopes to begin widespread testing of their final product around 2010. A tale of two pathogens While the blight was decimating the chestnut from the north, a second, lesser known disease had already been killing chestnuts in its southern range. The disease, a Phytophthora root rot known as “ink disease” or “ink stain disease” due to the black lesions on the roots and stems of infected trees, likely played a role in the rapid decline of the American chestnut and may influence future stands. Whereas chestnut blight is a canker disease that leaves the tree with a functioning root system, Phytophthora attacks the roots, killing the entire tree and rendering it unable to sprout. Phytophthora are categorized as water molds and favor poorly drained soils. While TACF has been aggressively breeding against the blight, breeding and screening TACF family lines for Phytophthora resistance is still in its early stages, and represents the next hurdle for TACF restoration efforts. 20
  • 21. Surface mines as a springboard for restoration The use of reclaimed surface mines for chestnut reestablishment has recently gained attention as the Office of Surface Mining (OSM) continues to promote the Forestry Reclamation Approach (FRA). Numerous reasons abound for planting chestnuts on fresh mine spoils. First, loose mine spoils reclaimed using FRA techniques have shown good growth and high survival rates for other native Appalachian hardwood species and may also be suitable for chestnuts. Second, many surface mines exhibit light and soil chemical characteristics that are similar to higher elevation and ridgetop positions where chestnuts were dominant. Third, loose mine spoils are initially devoid of vegetative competition, a hindrance to many reforestation efforts. Fourth, fresh mine spoils may initially be devoid of pathogenic microbial communities such as Phytophthora, which have hindered TACF’s breeding and restoration efforts elsewhere. Moreover, loose mine spoils are well-drained, which may hinder establishment of Phytophthora. Lastly, theAppalachian coal region falls almost entirely within the natural distribution of American chestnut. If loose mine spoils prove conducive to chestnut survival and growth, then the establishment and dispersal from founder populations of blight resistant hybrids throughout the range of the Appalachian coal region would aid TACF’s goal of restoring the chestnut throughout its range. In anticipation of the release of the blight resistant hybrids, research efforts are underway to evaluate the suitability of loose mine spoils in the Appalachian coal region for chestnut establishment. Pure American chestnuts and excess TACF backcross seedlings are being grown at the Bent Mountain Mine (Appalachian Fuels) in Pike County, Kentucky to serve as proxies for the true-breeding blight resistant backcrosses which are not yet being produced in sufficient numbers for widespread testing. We have planted container-grown seedlings into three types of spoil material to determine which parent material fosters the best growth and survival. The three spoil types are: weathered brown sandstone, Evaluating the growth of a chestnut seedling. Photo courtesy of USDA. Collecting pollen from a rare mature American chestnut 21
  • 22. unweathered gray sandstone, and a mixture of shale and brown and gray sandstones (mine-run spoil). Seedlings are measured for height and diameter growth, and causes of mortality are being assessed. After one growing season, survival was high on all spoil types, with the lowest around 80 percent on the brown sandstone plots (Table 1). The three different spoil types are also being baited for Phytophthora to see if it can establish on these sites. Thus far, Phytophthora has not been detected, and chestnuts have shown the best height growth in the brown sandstone, but the highest survival rates in the mixed spoil plots. A second study is aimed at determining the best way to establish Phytophthora-free plantings. Most operationally planted reclamation projects use dormant, bareroot nursery stock. However, Phytophthora are present in the soil at many nurseries and may be transported to planting sites on the roots of seedlings. Chestnuts can be established from seed on the mine site to avoid Phytophthora contamination, but rodent predation of the seeds can be as detrimental to survival as Phytophthora. As such, different planting techniques are being evaluated. Twenty-four plots were established to test growth and survival of direct-seeded chestnuts versus those that were transplanted from containers while actively growing. All seeds and seedlings were protected from herbivores by 15” tree shelters that were staked to the ground. Preliminary findings show no significant differences between the two planting techniques in terms of height growth, diameter growth, or survival. Survival after one growing season is approximately 80 percent for both planting treatments, however, indicators of stress (i.e. formation of a second leader, multiple stems, and blight infection) were higher on transplanted seedlings than those that were direct-seeded (40 percent vs. 6 percent). These promising results and other studies by our group will continue and the results will hopefully guide restoration efforts of this important tree. For more information on American chestnut restoration, visit www.acf.org and www.bae.uky.edu/UKReclamation. This article was originally published in Reclamation Matters Magazine (vol 4, #2), and the KCA acknowledges their generosity for granting permission to republish herein. Table 1. Growth and survival of American chestnut seedlings on differing mine spoils Type of spoil Survival (%) Avg. height growth (cm) Avg. RCC (mm) Mixed Sandstone and Shale (mine spoil) 100 a 25.5 a † 4.5 a Unweathered Gray Sandstone 93.2 ab 24.0 a 4.5 a Weathered Brown Sandstone 79.5 b 27.1 a 4.5 a † Values followed by the same letter within a column are not statistically significant at p=0.05 level. Sprouts from an old chestnut stump 22
  • 23. The Federal Surface Mining Control and Reclamation Act (SMCRA) was intended to improve surface-mined landforms by increasing stability, improve water quality, and enhance human safety. Unfortunately, early implementation of SMCRA discouraged the replacement of forests and instead encouraged hay and pasturelands for post-mining land use. Natural succession will eventually restore native forests but this process is slow. Before the Federal law was implemented in 1978, tree planting efforts on surface mines were very successful. In fact, prior to the Federal law, forestry was the post‑mining land use of choice. Photo 1 shows the line commonly called the May 3, 1978 Transition Line. It marks, at this location, the exact date that SMCRA was implemented. To the upper left is typical of pre-law reclamation to trees. To the bottom right is typical of post-law reclamation with grasslands. Following SMCRA’s implementation, regulators focused on stability of landforms created by mining at the expense of restoring forest land capability. This approach was caused by a desire to solve the problems such as severe erosion, sedimentation, landslides, and instability witnessed with pre-SMCRA surface mining. Excessive soil compaction was common and aggressive, and non-native ground covers were generally planted. Furthermore, both regulators and mine operators were challenged by the technical complexities of implementing SMCRA in the years following its passage. Early efforts by mine operators to reforest under SMCRA proved problematic, in part because these efforts were conducted without the benefit of scientific knowledge available today. As a result, mine operators and regulators came to believe that post-mining land uses such as hay and pastureland were easier and cheaper to achieve than forests; thus, reforestation was discouraged. Overview of the Forestry Reclamation Approach By J. Steven Gardner, P.E., P.S. Photo 1. May 3, 1978 Transition Line Star Fire Mine test plot Seedlings planted in rough grated area 23
  • 24. These factors and others contributed to forests being under used for post-mining land use, especially in Appalachia. Highly productive forestland can be created on reclaimed mine lands under existing laws and regulations by using the Forestry Reclamation Approach. The current reforestation initiative is an effort to increase knowledge and change attitudes of regulators, coal operators, and surface owners about planting trees on reclaimed surface mines. Appalachian Regional Reforestation Initiative The Appalachian Regional Reforestation Initiative (ARRI) is a coalition of citizens, the coal industry, and state government agencies. It is dedicated to restoring forests on lands impacted by coal mining in the Eastern United States. ARRI advocates using the Forestry Reclamation Approach, or FRA, to plant trees on reclaimed coal mined lands. 5 Steps of the FRA: 1.  Create a suitable rooting medium for good tree growth that is no less than five feet deep and comprised of topsoil, weathered sandstone, and/or the best available material. 2.  Loosely grade the topsoil or topsoil substitutes established in step one to create a non-compacted growth medium. 3.  Use ground covers that are compatible with the type of tree planted. 4.  Plant two types of trees – one early succession species for wildlife and soil stability, and one commercially valuable crop trees. 5.  Use proper tree planting techniques. Source: The text under “Appalachian Regional Reforestation Initia- tive” was adapted from http://arri.osmre.gov/FRApproach.htm. Results Pictured in Figure 1 are cross sections of trees, all the same age, and cut the same distance from the ground. The bottom right tree grew in a natural Appalachian forest that was never mined. Figure 1. 17-year old white pines The bottom left tree grew on a former mine site where the soil was heavily compacted using the traditional reclamation techniques advocated for the last 30 years. The largest section is from a tree planted using the FRA. When proper planting techniques are used, tree growth can be increased exponentially. Star Fire Mine test plot, White Ash trees, 7 years after planting 24
  • 25. Conclusion The Forestry Reclamation Approach technique is based on the forestry research and scientific studies of several leading universities, including work by Dr. Don Graves at the University of Kentucky. Current federal and state regulations support the FRA technique for establishing forests for post-mining land use. The ARRI Core Team has determined that when FRA is implemented, bond releases are not unnecessarily delayed. When mining and reclamation operations are conducted using the FRA, results can include both cost-effective regulatory compliance by the coal operator and productive post-mining forests. Productive forests generate value for their owners and provide watershed protection, wildlife habitat, and other environmental services. This project has resulted in a successful public-private partnership that demonstrated how mining can be conducted, and have the land reclaimed in a sustainable manner. This creates numerous future opportunities in the process. J. Steven Gardner, P.E., P.S., is president of Engineering Consulting Services, Inc., which is headquartered in Lexington, with offices in Corbin, Pikeville, and Williamson, West Virginia. Learn more about ECSI at www.engrservices.com. References: PatrickAngel, Office of Surface Mining, U.S. Department of Interior, London, Kentucky, Vic Davis, Office of Surface Mining, U.S.D.I., Knoxville, Tennessee, Dr. James Burger, Virginia Polytechnic Institute and State University, Blacksburg, Virginia, Dr. Donald Graves, Uni- versity of Kentucky, Lexington, Kentucky, Dr. Carl Zipper, Virginia Polytechnic Institute and State University, Blacksburg, Virginia. The Appalachian Regional Reforestation Initiative, Forest Reclamation Advisory No.1, December 2005. Gold Supporters Silver Supporters Bronze Supporters BlackMountain Resources LLC Summit Engineering Inc. Star Fire Mine test site after 8 years, Perry County Elkhorn-Hazard Coal Land, LLC 25
  • 26. Cattle farm, east Kentucky D&D Ranch, Perry County Wendell H. Ford Regional Airport, Perry County Phoenix Subdivision, Perry County Big Sandy Regional Airport, Martin County Pastureland, Lost Mountain Job #1, Perry County Photo Gallery: Restoration Sites in Kentucky
  • 27. Clubhouse, StoneCrest Golf Course, Floyd County StoneCrest Golf Course, Floyd County StoneCrest Golf Course, Floyd County Mountaintop reclamation site, Breathitt County Raven Rock Golf Course, Letcher County Pine Branch Coal Company’s cattle farm, Perry County
  • 28. Commercial site, Hazard Hazard subdivision Prison, Floyd County Topsoil at 25-year-old Lost Mountain Job #1, Perry County 2 year-old chestnut tree in mine spoil Topsoil, 20-year old reclaimed Branham & Baker mine, Floyd County
  • 29. Reclaimed land, west Kentucky Pikeville Airport Wildlife area, Breathitt County Farm, Knott County Snails from 22-year-old reconstructed stream, Floyd County Wash Ridge, east Kentucky reclaimed farmland
  • 30. Wildlife area, Breathitt County Horses grazing on reclaimed mine land, Breathitt County New reclamation, east Kentucky Forest and pasture, east Kentucky Pasture and pond, west Kentucky Recreation area, Pike County
  • 31. Elk viewing station, Breathitt County Sykes Building, Coal Fields Industrial Park, Perry County Wildlife area, Breathitt County Inside the Knott County Sportsplex Trus Joist MacMillan, Coal Fields Industrial Park, Perry County Knott County Sportsplex
  • 32. Pastureland, Wolfe County Housing subdivision, Perry County Reclaimed land, east Kentucky Commercial buildings, Hazard The Meadows Subdivision, Knott County Cattle grazing on pastureland, east Kentucky
  • 33. Reclaimed sediment pond, Magoffin County Wildlife area, Breathitt County Raven Rock Golf Course, Letcher County Reforested area, Floyd County American Woodmark, Coal Fields Industrial Park, Perry County Pastureland, Wolfe County
  • 34. StoneCrest subdivision, Floyd County Hay land, east Kentucky Pikeville Airport Recreational area, Floyd County Fish and wildlife pond, Breathitt County Reconstructed stream, Letcher County
  • 35.
  • 36. 2265 Harrodsburg Rd, Ste 200, Lexington, KY 40504 Phone (859)313-5070 Fax: (859)381-1005 Coal Mining Reclamation Bonds  Property & Casualty Insurance Identification and Management of Hidden Environmental Risks Balancing the needs of Society and the Environment