MINE-SCARRED
LANDS REVITALIZATION
Models Through Partnerships
The Year Oi
,
*
The Year One Report oil the Brownfields Federal Partnership
Mine-Scarred Lands Initiative
r
BACKGROUND PHOTO: HOLLY LEES
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This report provides an update of the Brownfields Federal
Partnership Mine-Scarred Lands Initiative (MSL Initiative)an
interagency partnership designed to explore approaches to mine-
scarred lands cleanup and community revitalization by supporting six
Demonstration Projects. It is hoped that other mining communities will
benefit from the experiences, lessons learned, and financial and technical
resources identified through these projects. The six Demonstration
Projects featured in this report are: Bullfrog Mine, Beatty, Nevada;
Cranberry Creek Corridor, Hazleton, Pennsylvania; Eureka Town Site,
San Juan County, Colorado; Kelly's Creek Watershed, Kanawha County,
West Virginia; Pennsylvania Mine, Summit County, Colorado; and
Stone Creek Tipple Site, Lee County, Virginia.
The purpose of this report is to:
Document the unique challenges and opportunities for MSL reuse
Describe the MSL Initiative and its future activities
Provide a discussion of the objectives and accomplishments of each
of the six Demonstration Projects
Eureka township, one of the many communities which has been
affected by mine-scarred lands
Mine-scarred lands are lands, associated waters, and surrounding watersheds where extraction,
beneflciation, or processing of ores and minerals (including coal) has occurred.
On January I 1,2002, President Bush signed into law the Small Business Liability Relief and Brownfields
Revitalization Act (Public Law 107-1 18; H.R. 2869). The Brownfields Law expands the definition of
brownfields to include mine-scarred lands, providing a new legal and financial tool for cleanup and
revitalization of mining properties and communities (Section IOI(39)(D)(ii)(lll)).
MINE-SCARRED LANDS OPPORTUNITIES
As a centerpiece of American history and industrial expansion, our mining heritage has left a legacy of more than 500,000
abandoned hard rock and coal mining sites throughout the United States. For impacted communities, these properties
present revitalization opportunities since many sites are located on large, flat tracts of land, often in otherwise rugged
landscapes. The cleanup and revitalization of mine-scarred lands creates positive environmental impacts such as cleaner
water, healthier ecosystems, and increased safety for residents, and often involves economic development and historical
restoration.
Although mining properties offer significant revitalization
opportunities, there are a number of complicating
factors associated with cleanup and reuse activities. These
factors include regulatory complexities (a myriad of
applicable laws), economic factors (resource management
infrastructure and land ownership), and environmental,
public health, and safety concerns (acid mine drainage and
waste tailings). The perception of contamination, both
locally and regionally, also inhibits the reuse of mining
sites. However, as these issues are interconnected, there
is an opportunity to develop an integrated approach to
cleanup and revitalization.
Abandoned coal-loading facilities are often close to transportation assets and
residential communities
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THE MINE-SCARRED
LANDS INITIATIVE
WHY THE MSL INITIATIVE
WAS CREATED
Across the country, communities are working to clean
up and revitalize mine-scarred lands. With the passage
of the Brownfields Law, the federal partners recognized
the opportunity to better coordinate their support to
these communities. Mine-scarred lands cleanup and reuse
projects differ from traditional urban brownfields; the
MSL initiative formed to develop tools and strategies to
meet these unique challenges.
Mission of the MSL Initiative
To foster the cleanup and sustainable revitalization
of mine-scarred lands and affected communities.
Goals of the MSL Initiative
Develop a collaborative, integrated approach
among federal partners
Select MSL Demonstration Projects
Identify and coordinate federal resources
Facilitate information exchange and replication
of successful approaches
MSL Initiative Federal Partners
Appalachian Regional Commission
U.S.Army Corps of Engineers
U.S. Department of Agriculture
U.S. Department of Housing and Urban Development
U.S. Department of the Interior
U.S. Environmental Protection Agency
The federal partners decided to work with local
communities on six Demonstration Projects. These
projects represent the variety and scale of challenges
shared by mining communities across the country, which
include, but are not limited to: coordinating cleanup
and revitalization funding; expanding infrastructure for
development; addressing mixed ownership of lands;
coordinating multi-stakeholder revitalization
efforts; addressing complex liability issues;
and identifying feasible economic development options to
replace mining.
MSL INITIATIVE'S COLLABORATIVE AND COMMUNITY ORIENTED APPROACH
A key factor of the MSL Initiative's success is that the partners have worked collaboratively throughout the process. After
project selection, the group gathered information by visiting community members and other stakeholders to learn more
about their reuse visions, background of revitalization activities, and specific challenges. By asking for local input at the
beginning of the process, the federal partners more accurately understood each community's challenges and identified
specific opportunities for federal support.
As the projects have transitioned from
learning about communities' challenges
to providing direct support, the federal
partners continue to work with local,
regional, and state stakeholders. By
building partnerships that include
stakeholders with varying expertise
(e.g., local understanding, technical, and
economic expertise), the federal partners
are engaging in discussions on complex
o o o 1
challenges that local communities are
facing. These partnerships will continue
to be a key driver in developing workable
solutions and models for mining
communities across the country.
Acid mine drainage remediation using a pa
\g a passive treatment system
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Beatty, Nevada
This project illustrates haw developing diverse partnershi
can support innovative and sustainable reuse opportunitii
*
.
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KEY CHALLENGES AND STRATEGIES AT-A-GLANCE
Limited available land: By building a partnership with Barrick Gold, the Town of Beatty was able to
acquire 81 acres of land for reuse.
partnerships, the Beatty community has received commitments from key partners to plan for the
development of renewable energy production.
' -.
REUSE OPPORTUNITIES IN BEATTY
Beatty, Nevada is a small community surrounded by
approximately 10,000 acres of federal Bureau of Land
Management (BLM) land that is located 110 miles
northwest of Las Vegas and eight miles east of Death Valley
National Park. During its 100-year history, the economic
livelihood of the town has relied upon the cyclical nature
of the mining, railroad, and federal industries. The most
recent gold mining operations ended in 1999 at the
Community Overview
Beatty Area
Population 1,200
Area 175 sq. mi.
Unemployment Rate 4%
98% of land in Nye County is federally-owned.
*Demographic information is approximated
Bullfrog Mine. Barrick Gold, Inc., the former owner of
the mine, transferred two mining properties (67-acres
and 14-acres) for reuse to Beatty in June 2005. Since the
majority of usable land in the area is federally-owned, this
land acquisition provides a unique economic opportunity.
Reuse ideas that have been considered include: renewable
energy production (e.g. wind and solar); tourism;
residential; light and clean manufacturing; warehousing;
an industrial park; and automotive testing.
PARTNERSHIPS LEAD TO
RENEWABLE ENERGY
POSSIBILITIES
Given the region's high concentrations of natural solar
and wind power, renewable energy production has
emerged as a primary potential reuse option for this
former mining area. The Nevada Energy Office has
provided significant leadership in convening energy-
related stakeholders (e.g., Nevada Energy Task Force,
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the Department of Energy (DOE), BLM, research labs
and utilities) to research opportunities related to solar,
wind, and geothermal resources. With assistance from the
MSL Initiative, stakeholders gathered for an Information
Exchange Forum in July 2005 to share information about
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renewable energy possibilities in Beatty, discuss issues and
opportunities, and develop a plan for moving forward.
Previous studies show that the Beatty area has solar energy
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potential that ranks among the highest in the United
States and has potential for wind power generation.
Additionally, Nevada offers a government and business
climate that supports renewable energy. Existing policies
include a property tax exemption favoring developments
that utilize renewable energy, a green pricing program,
and renewable energy legislation that calls for 15 percent
of total electricity to be renewable by 2013. Furthermore,
$4 million per year has been earmarked for renewable
energy research at Nevada universities. The feasibility
and economic benefits of renewable energy development
in Beatty need further research, including analysis of
energy potential, transmission possibilities, management
options, and incentives. Feasibility research will include
possibilities on the 81 acres of Beatty properties,
surrounding BLM lands, and other Barrick Gold mining
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properties. At the Information Exchange Forum,
stakeholders expressed their commitment to the project
and outlined a general plan for moving forward that will
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be more clearly outlined in the coming months.
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MOVING FORWARD
With the acquisition of the mining properties and targeted
federal and state assistance, Beatty plans to take advantage
of its location by creating an economic development plan
that recognizes and builds upon its natural assets as well
as other economic influences in the area.The renewable
energy concept has enabled Beatty to work closely with
regional, state, and federal partners, and will serve as
a basis for collaborative land recycling and economic
development planning in the future. This Demonstration
Project will serve as a model on how to coordinate
partnerships at all levels to develop a creative, sustainable
reuse that meets all parties' interests.
MSL INITIATIVE PROJECT CONTACT
Steve Simanonok, EPA Region 9
(415)972-3249
simanonok.steve@epa.gov
Aerial view oj\he Bullfrog Mine
RESOURCES
The following resources have supported mine-scarred
lands revitalization efforts:
U.S. Department of Energy: Provided support in
convening energy-related stakeholders to discuss
feasibility of renewable energy production.
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U.S. Environmental Protection Agency: Interviewed local
stakeholders, identifying potential reuse options and
federal assistance. Worked with Beatty to engage
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stakeholders interested in renewable energy production
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opportunities, facilitate planning meetings, and provide
collaborative coordination support.
U.S. EPA Brownfields Assessment Grant ($650,000):
Awarded Nye County three Brownfields Assessment
grants and a greenspace grant (in 2002 and 2005)
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to target and assess brownfields in towns across the
county. The county used a portion of these EPA funds
to perform due diligence of the Barrick parcels being
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transferred to the town of Beatty for economic
development.
Critical Stakeholders
Beatty Economic Development Council
Barrick Gold, Inc.
Nye County
Nevada Energy Office
Nevada Energy Task Force
Nevada Division of Minerals and Mines
Utility companies
Desert Research Institute
National Renewable Energy Labs
U.S. Department of Energy
U.S. Department of the Interior,
Bureau of Land Management
U.S. Department of the Interior,
Office of Surface Mining
U.S. Environmental Protection Agency
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developmen
importance of coordinating citizen engagement.
eanup, coi
ties. It also illustrates the
KEY CHALLENGES AND STRATEGIES AT-A-GLANCE
In addition to cleanuo and reclamation, mine-scarred lands often reauire soil comoaction to suooort
redevelopment projects: The MSL Working Group partners are identifying potential local, state, and
federal funding programs that can be tailored to address the full life cycle from mine-scarred land
reclamation through reuse.
engagement strategy is under development.
APPLYING ECONOMIC
DEVELOPMENT EXPERTISE
TO MINE-SCARRED LANDS
REDEVELOPMENT
Stakeholders in the Greater Hazleton area have developed
new industrial and corporate parks, successfully reducing
the economic dependence on the coal industry. CAN DO
(Community Area New Development Organization), the
area's economic development driver, has brought new
Community Overview
Hazleton Area
Population
Area 6 sq. mi.
Unemployment Rate 7%
industry and jobs to the area for more than 50 years.
However, the hundreds of acres of mine-scarred lands at
the community gateway are a barrier to future economic
success. The blight and perception of contamination
deters potential investors and the development of new
businesses. Though CAN DO has historically developed
open space, it has recently realized the potential to
reclaim the mine-scarred lands that plague the region in
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order to eliminate visual blight and productively reuse
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property.
Recently, CAN DO purchased two mine-scarred lands
properties at the community gateway, the Cranberry
Creek Corridor and Harwood Innovations site.The 366-
acre Cranberry Creek Corridor is slated for a mixed-use
center with commercial, residential, and recreational
components.The 82-acre Harwood Innovations site will
host a business incubator or an education center.
*Demographic information is approximated
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SITE DEVELOPMENT CHALLENGES
CAN DO stakeholders are exploring innovative
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approaches to site compaction. Current funding sources
can be used for filling the land so that it can be used for
greenspace. However, this funding does not support
compacting the land to ensure that it is stable enough
to support the weight of redevelopment construction
projects. Because compaction is such an expensive
process, and CAN DO has had difficulty identifying
sources that fund compaction, the remediation and
redevelopment process has been slowed.
To help CAN DO address the compaction issues, the
MSL Initiative partners are exploring the possibilities
and restrictions of local, state, and federal funding
programs, as well as private sector tools. A network of
specific technical and financial programs, contacts, and
resources will be established to help CAN DO and its
local government partners develop a funding plan for the
Cranberry Creek Corridor Project.
ENGAGING THE COMMUNITY
The proposed mixed-use development on the
Cranberry Creek Corridor property will provide a
number of community benefits such as entertainment
venues and athletic fields. CAN DO has limited
experience in conducting community engagement
activities required by such projects. There fore, the
MSL Initiative is providing support to help CAN DO
design a collaborative community engagement strategy
that informs stakeholders on contamination issues and
invites community members to join in the visioning and
redevelopment process.
MSL INITIATIVE PROJECT CONTACT
Kristeen Gaffney, EPA Region 3
(215)814-2092
gaffney.kristeen@epa.gov
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Artist's rendition afthe Cranberry Creek Corridor Redevelopment Project
©Quad 3 Group
MOVING FORWARD
With its expertise in economic development initiatives,
CAN DO is well suited to undertake mine-scarred
lands revitalization projects. Although the cleanup and
redevelopment of mine-scarred lands presents new
funding and community engagement challenges, CAN
DO has outlined a plan for moving forward. This project
will serve as a model for communities across the county
on how to develop a funding plan and engage community
stakeholders.
RESOURCES
The following resources have supported mine-scarred
lands revitalization efforts:
Appalachian Regional Commission: Provided support to
identify funding sources tailored to address the full
cleanup and reuse life cycle and develop a community
engagement plan.
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U.S. Environmental Protection Agency: Interviewed local
stakeholders, identifying potential reuse options and
federal assistance.
Critical Stakeholders
CAN DO
Hazleton Chamber of Commerce
Luzerne County Community College
Penn State Hazleton
City of Hazleton
Hazle Township
Pennsylvania Department of Environmental
Protection, Bureau of Mine Reclamation
Pennsylvania Department of Community and
Economic Development
Appalachian Regional Commission
U.S. Department of the Interior,
Office of Surface Mining
U.S. Economic Development Administration
U.S. Environmental Protection Agency
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San J
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Cblora
Tms project demonstrates the jphallenges of achieving a
win- win solution in 'mixed ownership situations -I S L f
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KEY CHALLENGES AND STRATEGIES AT-A-v^
"latching cleanuo and reuse with communitv-based interests: The Animas River Stakeholder
_iroup (ASRG) provides a forum to discuss diverse and sustainable reuse options.
Mixed ownership of lands: A multi-party land trade is underway.
EUREKA TOWN SITE REUSE
OPPORTUNITIES
The 180-acre Eureka Town Site is one of the few flat
areas in mountainous San Juan County that lends itself to
development, though the lands are partially contaminated
by mill tailings and have mixed ownership. Public
lands managed by the Bureau of Land Management
(BLM) co-exist with lands owned by San Juan County
and Sunnyside Gold Corporation (Sunnyside) in a
checkerboard pattern (i.e., the lands are not contiguous
to one another). A three-party land trade is underway
that will promote the reuse goals for the area. This land
Community Overview
San Juan County
Population
Area
Unemployment Rate
600
400 sq. mi.
14%
There is only one active town in the county and
26 ghost towns.
*Demographic information is approximated
trade will support the community's efforts to: document
history by preserving what is left of the ghost town;
develop camping facilities to attract tourists; create gravel
harvesting to supply infrastructure needs; and restore the
natural functions of the floodplain.
INITIAL RECLAMATION SUCCESS
The key driver for revitalization efforts in the community
is the Animas River Stakeholders Group (ARSG). ARSG is
a collaboration of community and mining representatives,
citizen interest groups, and state and federal agencies
O 1 ' O
that focus on cleanup options of the Animas River in
a community and watershed risk-based approach. The
stakeholders provide input on the cleanup strategy and
water quality standards applied to the reclamation of
mines in the watershed. The group formed in 1994
O 1
in response to the Colorado Water Quality Control
Division's reevaluation and upgrading of standards and
classifications for segments of the upper Animas River
watershed. An EPA proposal, that suggested the entire
upper watershed be designated a Superfund site, was
another impetus for forming ARSG. Through a series of
informal negotiations and discussions, EPA agreed not to
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take any formal Superfund action as long as reclamation is
in progress.
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The formation of ARSG has enabled the community to
participate in a collaborative decision making process at
both the state and federal levels. ARSG has characterized
remediation efforts on the upper Animas River watershed
and will continue to provide a public review forum
for Eureka stakeholders to explore the opportunities
presented by reclamation and redevelopment of area
mine-scarred lands. Group members have obtained more
than $29 million for watershed assessment and mine
reclamation, and the watershed has begun to respond in
improved downstream fisheries.
Sunnyside reclaimed several historical and permitted
mining sites, including removal of some mill tailings
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from the Eureka Town Site. The mill tailings were not
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generated by the company, yet it assumed responsibility
for portions of the cleanup. Sunnyside has spent
approximately $12 million in the watershed. However,
some mill tailings remain on the surface in the Eureka
o
Town Site. To redevelop this site, the remaining mill
tailings must be cleaned up.
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REVITALIZATION CHALLENGES
Though the community has made progress in cleaning up
the watershed, the following challenges remain:
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Cleanup Goal: There is the question of whether to
remove all the mill tailings from the Town Site, only
the surface tailings, or only those tailings negatively
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affecting the Animas River.
Land Reclamation: Finding a disposal area for
hazardous mill tailings is complicated because there
are few suitable locations in San Juan County, and
there is the question of who will take long term
responsibility for the mill tailings repository.
Complex Land Negotiations: While all parties
involved in the proposed land trade wish to complete
the trade, multi-party negotiations are moving slowly
because of varied interests and potential liabilities.
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Remains of the historic Eureka Mill
MOVING FORWARD
The community has made significant characterization and
remediation progress through the efforts of ARSG and
Sunnyside Gold Corporation. The MSL Initiative partners
will continue to work with local stakeholders as they
develop a reuse vision and plan for moving forward.
RESOURCES
The following resources have supported mine-scarred
lands revitalization efforts:
U.S. Environmental Protection Agency: Interviewed local
stakeholders, identifying potential reuse options and
federal assistance.
MSL INITIATIVE PROJECT CONTACT
George Stone, BLM
(202)557-3573
george m stone(5Jblm.gov
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Critical Stakeholders
Animas River Stakeholder Group
San Juan County
Sunnyside Gold Corporation
U.S. Department of the Interior,
Bureau of Land Management
U.S. Environmental Protection Agency
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KELL
.....
Tnir: project illuctivster: mnovrttivrt appro?5chcr: ^ccoci^terj witJi;
development of w^dewster infrastructure; remediation of coal acid
mine drainage and collaboration with a private land owner to explore
red evelopinent of a Iarf*e tract of previously mined land,
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*. «.*
KEY CHALLENGES AND STRATEGIES AT-A-GLANCE
has been created to address wastewater infrastructure, acid mine drainage, and development initiatives
concurrently.The community has begun to engage related partners and to identify funding options.
AMD and other mining contamination: Kelly's Creek Communities Association (KCCA), the Office
of Surface Mining (OSM) and the West Virginia Department of Environmental Protection (WVDEP)
conducted research to determine critical discharge points.
Most available land for development is privately-owned: A preliminary redevelopment study funded by
private land owners was conducted in 2002 as a result of initial discussions led by OSM. Opportunities
for expanded land use studies were identified in facilitated planning sessions.
HIGHLIGHTING
THE COMMUNITY DRIVER
Along with Kanawha County, the Kelly's Creek
Communities Association (KCCA) has been the key
driver for revitalization efforts in the area since 1999
when it was created to "sustain, restore, and revitalize
all that pertains to the watershed." The group is focused
on watershed cleanup efforts including the
development of wastewater infrastructure and acid
mine drainage (AMD) remediation.
Kelly's Creek Watershed
Population 6,000
Area 25 sq. mi.
Unemployment Rate 11%
The Kelly's Creek Watershed encompasses seven
communities within Kanawha County, including two
that are incorporated.
*Demographic information is approximated
COLLABORATING WITH
PRIVATE LAND OWNERS ON
REDEVELOPMENT OPPORTUNITIES
KCCA is focusing its efforts on working with private
land owners to redevelop a portion of a 7,000-acre
property (which includes previously mined lands) into
residential housing. The Kelly's Creek community is only
20 miles southeast of Charleston, the state capital, and is
a desirable location for a bedroom community.
~~~~/\7 As a result of initial discussions led by the Office
of Surface Mining (OSM), the property owners
funded a preliminary land use study focused on
residential redevelopment options. The MSL Initiative
facilitated discussions between the private owners and
community regarding development options, and outlined
a comprehensive plan for concurrently addressing
development initiatives, wastewater infrastructure, and
AMD in an integrated way. A solution for each component
needs to be considered in light of the entire project.
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OVERCOMING
WATER QUALITY CHALLENGES
The Kelly's Creek area has significant water quality
challenges related to wastewater and mining
contamination.
Wastewater Infrastructure: Kelly's Creek was
once a community with 1,000 homes, small stores,
and even an opera house. When the coal company left
the area in the 1950s, the town soon declined. Today,
approximately 220 households in Kelly's Creek have
inadequate public wastewater treatment. Straight-pipe
domestic waste discharges and failing septic systems
are prevalent, and water quality sampling has shown
high fecal coli form values. A wastewater feasibility
study funded by the Canaan Valley Institute in 2001
provided critical information on cost estimates for
several treatment options. Its findings show that the
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cost of a wastewater treatment system is prohibitively
expensive, estimated between $3-5 million.The
community has initiated wastewater planning with the
county and adjacent communities that could expand
their treatment centers to serve residents.
Mining-Related Contamination: Kelly's
Creek has high levels of AMD and coal mine waste
o
sedimentation in the creeks, as well as coal-waste
piles from abandoned mines. KCCA, with support
from OSM and West Virginia Department of
Environmental Protection (WVDEP), conducted
water monitoring of Kelly's Creek to determine
which tributaries are the most critical to remediate,
the AMD discharge points, and who is responsible for
associated costs. Remediation planning is underway.
1 O J
MOVING FORWARD
Kelly's Creek stakeholders understand that addressing
wastewater infrastructure, AMD, and development
initiatives is crucial to achieving their cleanup and
revitalization goals. With the support of the MSL Initiative
federal partners and other state and local partners, they
will continue to move forward with the comprehensive
plan. This project will serve as a model for communities
across the county on how to work collaboratively
with private land owners, develop infrastructure, and
remediate AMD by engaging and coordinating a network
J o o o o
of partners.
MSL INITIATIVE PROJECT CONTACTS
Allan Comp, OSM, (202) 208-2836
TCOMP@osmre.gov
Andrew Kreider, EPA Region 3, (215) 814-3301
kreider.andrew@epa.gov
KCCA advisory board meeting
RESOURCES
The following resources have supported mine-scarred
lands revitalization efforts:
Regional Intergovernmental Council: Provided technical
support to develop grant applications and request
for proposals for wastewater treatment and AMD
remediation initiatives.
Canaan Valley Institute: Researched wastewater
treatment alternatives.
West Virginia Department of Environmental
Protection: Researched acid mine drainage sources.
Appalachian Regional Commission: Worked with KCCA
to develop a strategy that addresses wastewater
treatment planning, land use planning, and AMD
activities.
U.S. Department of the Interior, Office of Surface
Mining: Researched acid mine drainage sources and
committed three full-time OSM VISTA (Volunteers In
Service To America) to KCCA over the past several
years.
U.S. Environmental Protection Agency: Interviewed local
stakeholders, identifying potential reuse options and
federal assistance.
U.S. EPA Brownflelds Assessment Grant ($200,000): EPA
awarded Kanawha County, WV this grant in 2002 to
target and assess brownfields properties in the Kelly's
Creek Watershed.
Critical Stakeholders
Kelly's Creek Communities Association
Kanawha County
Private landowners
Public Service Districts
Regional Intergovernmental Council
West Virginia Department of
Environmental Protection
Appalachian Regional Commission
U.S. Department of the Interior,
Office of Surface Mining
U.S. Environmental Protection Agency
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SYLVANIA
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Summit County, Colorado ^
This project illustrates how mining-related cleanup and reuse issues
associated with CERCLA and CWA liability are being explored to
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achieve innovative solutions.
CHALLENGES AND STRATEGIES AT-A-GLANCE
Liability issues associated with the Clean Water Act (CWM and the Comorehensive
Resoonse.
innovative solutions and conducted related environmental studies.The MSL Initiative partners have engaged
key federal representatives and are working with the SRWTF to outline a facilitated, collaborative process to
address liability issues.
BACKGROUND OF SUMMIT COUNTY
Summit County is known for its variety of outdoor
recreational opportunities such as skiing, hiking, biking,
and fishing. The ski resorts in the areaKeystone,
Arapahoe Basin (A-Basin), and Breckenridgeare among
the region's largest employers, and provide key sources
of tax revenue. They are also among the region's primary
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water users; the contamination of the Snake River
Watershed presently limits snow making and increases
operation costs.
WATERSHED STAKEHOLDERS
EXPLORE ENVIRONMENTAL
SOLUTIONS
The local champion for the watershed is the Snake
River Watershed Task Force (SRWTF). Formed in 1999,
the task force includes members of the local business
Community Overview
Summit County
Population ^
Area (.
Unemployment Rate ^
25,000
600 sq.
*Demographic information is approximated
community, representatives of state, local, and federal
agencies, and other citizens concerned with the quality
of the water in the water shed. The Keystone Center (a
nonprofit not affiliated with the Keystone ski resort)
facilitates and provides collaboration support for the
SRWTF by bringing together stakeholders with an interest
in the watershed.
Studies suggest that a primary source of the metals
and acid in the greater watershed is the draining adit
(discharge point) of the Pennsylvania Mine. Acid mine
drainage (AMD) flows from this adit at 30-100 gallons per
minute directly into Peru Creek, resulting in conditions
that are too acidic to sustain aquatic life. This single
orphaned mine is also responsible for a substantial portion
of the metals in the watershed. In 1998, both Peru Creek
and the Snake River were placed on the Clean Water Act's
(CWA) Section 303(d) list of impaired waters due to the
high concentration of zinc, copper, and other metals.
By addressing environmental issues, local stakeholders
hope to achieve the following revitalization objectives:
Delisting Peru Creek and Snake River from the CWA
o
Section 303 (d) list of impaired waters
Facilitating economic growth by improving water
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quality
Establishing a trailhead for the Continental Divide
National Scenic Trail
Establishing a trout fishery
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COMPLEX CWA AND CERCLA
LIABILITY CHALLENGES
Liability challenges and the significant cleanup costs
continue to hamper revitalization efforts. The Clean
Water Act (CWA) and the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA)
pose liability concerns regarding water treatment,
especially in light of long-term costs. Additionally, there
are some issues regarding past and present land ownership
of the Pennsylvania Mine that may need clarification. The
challenges these laws pose are:
CWA: The CWA prohibits the discharge of pollutants
into a broad range of waters unless the discharge is
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authorized by a permit. Such a permit would likely
require treatment by any party that acquires land,
and could potentially subject them to perpetual
liability. Significantly, the law has a provision that
allows individuals adversely affected by discharges
of contaminated water to bring a citizen suit for
o
violations.
CERCLA (Superfund): Past and current owners
and operators of contaminated properties may be
potentially responsible parties (PRP) and therefore
may be subject to CERCLA liability for the cost or
performance of a cleanup.
Any proposed remediation solution for the Pennsylvania
Mine must address legal requirements of federal and
state laws, and local ordinances. Remediation may take
between 20 and 50 years to ensure the water body does
not return to the list of impaired waters, and treatment
may last into perpetuity.
COLLABORATIVE DECISION-
MAKING PROCESS TO ADDRESS
LIABILITY CHALLENGES
Key federal and regional representatives critical to
resolving liability issues are optimistic that an innovative
solution to address liability issues can be developed
through a facilitated decision-making process. The
process will focus not only on achieving an agreement
to addresses the cleanup of the mine and surrounding
watershed, but also on putting mechanisms in place
to ensure a clear delineation of roles, timeframes, and
accountability, while leaving flexibility for future events.
MSL INITIATIVE PROJECT CONTACT
Blake Velde, USDA
(202) 205-0906
blake. velde @usda. gov
Metal deposits in Peru Creek
MOVING FORWARD
All partners support a facilitated decision-making process
so that the community can achieve its revitalization
objectives. The MSL Initiative will provide monetary
support to initiate a process, which will include all
affected parties. Ideally, this project will serve as a
model for communities across the country on how to
collaboratively coordinate partnerships and develop
innovative solutions to environmental liability challenges.
RESOURCES
The following resources have supported mine-scarred
lands revitalization efforts:
Keystone Center: Provides facilitation support to Snake
River Watershed Task Force.
U.S. Environmental Protection Agency: Interviewed local
stakeholders, identifying potential reuse options and
federal assistance, and facilitated initial discussions
with representatives that are critical to resolving
liability issues.
U.S. EPA Erownfields Assessment Grant ($200,000): EPA
awarded Summit County this grant in 2001 to target
and assess brownfields properties.
Critical Stakeholders
Snake River Watershed Task Force
Ski resorts
Summit County
Colorado Department of Public
Health and Environment
U.S. Department of Agriculture, Forest Service
U.S. Environmental Protection Agency
U.S. Forest Service
Environmental groups
12
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NE CREEK
Lee County, Virginia
This project seeks to establis|i a reuse example for abandon
facilities scattered throughout Appalachia.
JLJ ff- *.
coal loading
KEY CHALLENGES AND STRATEGIES AT-A-GLANCE
*
?K
I HI
lu-
Lack of reuse examples for hundreds of abandoned coal tipple sites in Appalachian coalfields:
Stakeholders have outlined a strategic plan for cleanup and reuse of the property; this will serve
an example for other tipple sites across the region.
TIPPLE SITES ACROSS THE REGION
The Stone Creek Tipple site is one of approximately 70
abandoned tipple sites in Southwest Virginia. At tipple
sites, coal is loaded for transportation to processing
facilities. Abandoned sites can pose safety hazards from
degraded physical structures and possible contamination.
Because actual extraction does not occur at tipple sites
themselves, they are not eligible for reclamation funding
through the Abandoned Mine Land fund, a program set
up under the Surface Mining Control and Reclamation
Act (SMCRA). Abandoned tipple sites are typically well
suited for redevelopment because they are relatively small
(Stone Creek Tipple site is 1.5 acres), flat, and located
near transportation corridors and
existing infrastructure.
Community Overview
Pennington Gap,VA
Population 1,800
Area 2 sq. mi.
Unemployment Rate 3%
*Demographic information is approximated
DEVELOPING AN OUTDOOR
CLASSROOM THROUGH
CLEANUP AND REUSE
In cooperation with the Lee County School System, the
Stone Creek Tipple site will be redeveloped into an outdoor
classroom where students will learn about public health and
environmental issues related to mine-scarred lands.
Local stakeholders focused on securing funding for all
o o
phases of cleanup and redevelopment. These efforts
have been rewarded as funding for each phase of the
o 1
project (e.g., assessment, property transfer, cleanup,
and redevelopment) has been procured either
through in-kind services or grant funding. Local
o o o
stakeholders also developed a strategic reuse
plan including the following steps: conducting
the property assessment; facilitating property
transfer; establishing education agreements;
and designing, developing, and implementing
a cleanup and reuse plan. The MSL Initiative partners
helped the community outline these steps and will provide
technical support throughout the process. To date, an EPA
Targeted Brownfields Assessment has been initiated and
o
stakeholders have made progress on the property transfer.
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COMMUNITY-BASED VISIONING
AND PLANNING PROCESS
To ensure broad support for their revitalization efforts,
local project leaders and the MSL Initiative partners
invited community members and stakeholders from other
successful mine-scarred lands redevelopment projects
within the region to help establish a cleanup and reuse
vision. Community meetings and open houses were held
to share information on reuse options and funding sources
with the broader community.
MOVING FORWARD
As local stakeholders, with the technical support provided
by the MSL Initiative, complete each phase of the cleanup
and redevelopment process, they are building their
expertise. The success achieved at the Stone Creek Tipple
site will act as an example of tipple site reuse that can be
applied to tipple sites in Appalachia, as well as small mine-
scarred land properties across the country.
RESOURCES
The following resources have supported mine-scarred
lands revitalization efforts:
VA Department of Transportation: Committed to
performing over 300 feet of stream bank restoration
1 o
as part of its wetlands program. Stream bank erosion
at the Stone Creek Tipple Site releases mining-related
sediment into the surrounding creek adversely
o J
impacting the watershed's ecology.
Appalachian Regional Commission: Provided technical
contractor support for cleanup and reuse planning.
National Fish andWildlife Foundation 5 Star Grant
($10,000): Provided grant for the construction of the
Outdoor Classroom and for a portion of the stream
bank restoration.
U.S. Department of the Interior, Office of Surface Mining:
Supporting an internship sponsored by the Upper
Tennessee River Roundtable to develop a Brownfields
Grant Application. If awarded, the grant would be
used to assist in reuse of all tipple sites within four
watersheds in the Stone Creek region.
o
U.S. Environmental Protection Agency: Interviewed local
stakeholders, identifying potential reuse options and
federal assistance.
EPA Region 3 Targeted Brownfields Assessment ($25,000):
Committed to conduct a targeted brownfields
o
assessment on the property.
Deteriorating stream bank
MSL INITIATIVE PROJECT CONTACT
Eric Stockton, ARC
(202) 884-7752
estockton(o),arc. gov
i
Critical Stakeholders
Daniel Boone Soil and Water
Conservation District
Lee County
Virginia Department of Mines
Minerals and Energy
Virginia Department of
Environmental Quality
Virginia Department of Transportation
Appalachian Regional Commission
U.S. Department of the Interior,
Fish andWildlife Service
U.S. Department of the Interior,
Office of Surface Mining
U.S. Environmental Protection Agency
14
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DEVELOPING STRATEGIES FOR SUCCESS
Applying a collaborative approach, the MSL Initiative federal partners will continue to support the Demonstration Projects
in building partnerships, identifying funding resources, and providing expertise in cleanup approaches and redevelopment
strategies. Local leaders will build upon the foundational work of the MSL Initiative, the local resources they have developed
(e.g., skills, knowledge, partnerships, funding), and the support of identified federal and state programs to further
revitalization efforts.
The MSL Initiative's partners will use the Demonstration Projects as platforms for other reuse projects by developing models
that can be applied to a range of challenges. For example, the Kelly's Creek Demonstration Project will illustrate strategies
associated with developing infrastructure and working with private land owners, while the Pennsylvania Mine Demonstration
Project will demonstrate how to convene a range of stakeholders to resolve complex liability issues.
15
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RESOURCES FOR MINE-SCARRED
LANDS COMMUNITIES
To capture the lessons learned through the Demonstration
Projects, the MSL Initiative partners will produce a toolkit that
can be used by communities with associated mine-scarred lands
challenges. The toolkit will include:
Demonstration Project Case Studies: Document the
challenges faced, strategies used, and lessons learned.
Partnership Building Strategies: Illustrate how to build
partnerships, engage stakeholders, and develop reuse
visions.
MSL Technical Information: Review relevant federal and
state laws, outline how laws impact local redevelopment
efforts, highlight innovative technologies, identify possible
economic development strategies, and list support options
from the Brownfields Land Revitalization and Technology
Technical Support Center.
MSL Financial Resources: Provide key information about
federal funding opportunities and share ideas about how
local stakeholders can creatively leverage support for
projects.
LESSONS OF COLLABORATION AND INNOVATION
.ocks stained by acid mine draina*
The initial successes of the Demonstration Projects illustrate that collaborative and innovative approaches to complex
technical and economic challenges can effectively address mine-scarred lands cleanup and revitalization issues. The MSL
federal partners and Demonstration Project community members will build on current partnerships to develop practical
solutions and replicable models for other mining communities. An integral part of our history and community, mining
continues to fuel our nation's economic expansion. By learning from and building upon the approaches taken by the MSL
Demonstration Projects, former and future mining lands and communities will be equipped with the tools and insights that
benefit communities, the environment, and our economies.
Newly planted trees as part of a reclamation project |o
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BACKGROUND ON MSL CLEANUP AND REVITALIZATION
Stakeholders face a number of considerations
related to mine-scarred lands cleanup and
revitalization.
The key environmental, economic development
and statutory considerations of relevance to
mine-scarred lands cleanup and revitalization
stakeholders are outlined below.
ENVIRONMENTAL
CONSIDERATIONS
Acid Mine Drainage (AMD): Acidic water
discharge with elevated metal content seeps
o 1
into streams, degrading ecosystems and
7 o o J
threatening public water supplies.
Stockpiled Waste Rock and Tailings: Wastes
from mining operations are left behind in large gob piles or waste dumps, often contributing to metal loading in streams
and rivers.
Other Contamination: Chemicals from leaking containers left behind and contaminants involved in mining operations
such as cyanide and arsenic, as well as PCBs from electrical transformers can seep into the groundwater and soil.
Degraded Physical Structures: Open shafts, rotting support structures, equipment, electrical transformers, and open pits
pose a safety threat.
ECONOMIC DEVELOPMENT CONSIDERATIONS
Insufficient Infrastructure: Rural mining communities often have complex runoff management issues and inadequate
waste water treatment and drinking water facilities.
Complex Land Ownership: Large tracts of federally or privately-owned land constrain development possibilities.
Resource Management Infrastructure: Coordination and integration are needed to identify and manage funding and
other resources for redevelopment. Reuse planning and funding management require a blend of expertise and a
multidisciplinary approach that is often not available in smaller communities.
Open mine pits and deteriorating structures create safety hazards
SOME APPLICABLE FEDERAL STATUTES
Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law) Authorizes funding to assess and
clean up mine-scarred lands and provides certain liability clarifications.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Provides funding for cleanups,
either through payment for or implementation of cleanups by responsible parties.
Clean Water Act (CWA) Regulates discharge of pollutants into navigable waters, including those associated with mine-
scarred lands.
Resource Conservation and Recovery Act (RCRA) Governs the management of solid and hazardous waste, including
those associated with mine-scarred lands.
Surface Mining Control and Reclamation Act (SMCRA) Created the Abandoned Mine Land (AML) Fund to pay for
remediation associated with pre-1977 mining activities, and regulates current coal mining activity and reclamation.
1 o o o J
* General Mining Law of 1872 Granted free access to prospect for minerals on public lands and allows for the purchase
of these lands.
17
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MSL INITIATIVE FEDERAL PARTNERS
Appalachian Regional Commission (ARC)
Creates opportunities for self-sustaining economic
development and provides technical support for the
Appalachian region.
Eric Stockton
(202) 884-7752
estockton@arc.gov
U.S. Army Corps of Engineers (USAGE)
Provides engineering services to foster environmental
o o
protection and flood control and shares knowledge about
watershed approaches.
Jane Mergler
(202)761-0314
jane.a.mergler@HQ02.USACE.Army.mil
U.S. Department of Agriculture (USDA)
Forest Service
Provides support by coordinating cleanup of mine-
scarred lands on National Forests that are adjacent
to mine-scarred land communities. Also provides
technical expertise in mine site cleanup and assistance
through the State and Cooperative Forestry Program.
Rural Development
Provides extensive grant and loan programs
o 1 o
for community development in small and rural
communities including business, community
infrastructure, utilities, and housing.
Natural Resource Conservation Service
Provides support to local Resource Conservation and
Development corporations (RC&Ds) to accelerate
the conservation, development, and utilization
of natural resources, improve the general level of
economic activity, and enhance the environment and
standard of living in designated RC&D areas. These
o o
501(c )(3) organizations cover most of the United
States and are supported by USDA employees.
Departmental Administration
Coordinates USDA support for brownfield
communities.
Blake Velde
(202) 205-0906
Blake. Velde(5)usda.gov
v o
U.S. Department of Housing
and Urban Development (HUD)
Provides grants to support community planning and
development and creates affordable housing.
Steve Rhodeside
(202)708-1322x7375
stephen_m_rhodeside@hud.gov
U.S. Department of the Interior (DOI)
Bureau of Land Management (BLM)
Manages 261 million acres of land, primarily in
the west, and sustains the health, diversity and
productivity of the public lands for the use and
enjoyment of present and future generations.
George Stone
(202)557-3573
george_m_stone @blm. gov
Office of Surface Mining (OSM)
Ensures coal mines are operated in a manner that
protects citizens and the environment during mining
and assures that the land is restored to beneficial use
following mining, and to mitigate the effects of past
o o7 o 1
mining by aggressively pursuing reclamation of
o J oo J 1 o
abandoned coal mines.
Allan Comp
(202) 208-2836
tcomp@osmre.gov
Office of Environmental Policy
and Compliance (OEPC)
Provides for a coordinated and unified approach and
response to environmental issues that affect multiple
DOI bureaus and acts as an advocate for programs
that enable the bureaus to accomplish their missions
in an efficient and effective manner.
Ruth Lodder
(202) 208-3302
ruth_lodder@ios. doi.gov
U.S. Environmental Protection Agency (EPA)
Office of Brownfields Cleanup and
Redevelopment (OBCR)
Provides funding for the assessment and cleanup of
brownfields throughout the nation.
Jennifer Bohman
(202)566-2771
bohman. j ennifer @epa. gov
Conflict Prevention and Resolution Center
(CPRC)
Provides alternative dispute resolution and
collaboration support and technical assistance in
coordinating stakeholders.
o
Lee Scharf
(202)564-5143
scharf.lee@epa.gov
Office of Superfund Remediation and
Technology Innovation (OSRTI)
Provides technical expertise on Superfund-related
liability and technology needs.
Shahid Mahmud
(703) 603-8789
mahmud.shahid@epa.gov
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Prepared by:
SRA International
{Contract No. 68-W-01-048)
2801 Clarendon Boulevard, Suite 100
Arlington, VA 22201
United States
Environmental Protection
Agency
Office of Solid Waste and
Emergency Response
EPA-560-R-05-003
September/October 2005
www.epa.gov/brownfields/
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