Mine-Scarred Lands (MSL) Initiative Tool Kit


Mine-Scarred Lands (MSL) Initiative Tool Kit
Table of Contents

Overview of the MSL Toolkit	2

MSL Initiative and Demonstration Projects	2

Creating a Vision for Revitalization	6

Building Project Teams	8

Building a Core Project Team	8

Identifying and Engaging Partners and Stakeholders	9

Involving the Larger Community	11

Obtaining External Support.	13

Involving Subject Matter Experts	13

Using Outside Assistance with Project Planning and Coordination	14

Developing a Revitalization Plan	15

Determining Reuse Goals	15

Developing and Implementing Project Plans	17

Technical Considerations	18

Overview of Technical Challenges and Resources	18

Compendium of Technical Resources	19

Obtaining Information on Water Quality Treatment Alternatives	20

Legal Considerations	21

Statutory Framework for Mine Revitalization and Related Challenges	21

Privately or Publicly-Owned Properties	23

Liability Concerns	25

Funding Revitalization Projects	26

Identifying and Applying for Funding and Technical Assistance	26

Federal Programs	29

State Programs	29

Tax Incentives	29

Private Sector Tools	30

Non-Profit Organizations	31

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Overview of the MSL Toolkit

The Mine-Scarred Lands (MSL) Initiative is an effort to improve coordination and collaboration on the
cleanup and redevelopment of both hard rock and coal mine-scarred lands. The MSL Initiative has
partnered with six communities on demonstration projects. The purpose of this tool kit is to help other
communities cleanup and revitalize former mines by sharing models from the six projects and links to
a range of resources.

Although the projects have not completed their cleanup and revitalization work, their experiences to
date have provided information which might be useful to other mining communities.

The MSL Initiative Partners have been working on mine cleanup and reuse projects for decades, and
their experience shows that there is no set strategy for mine revitalization. This resource follows the
general phases through which many mine-scarred land projects progress and general considerations,
which include:

•	Creating a Vision for Revitalization

•	Building Project Teams

•	Obtaining External Support

•	Developing a Revitalization Plan

•	Technical Considerations

•	Legal Considerations

•	Funding Revitalization Projects

Disclaimer: The purpose of this document is to incorporate all the information from the online MSL
Tool Kit into a print ready version. In some cases, information may be repetitive as writing for the
internet is different from writing a print document. The online version is available at:
http://www.epa.gov/aml/revital/msl/index.htm

MSL Initiative and Demonstration Projects

This tool kit shares what the MSL Initiative partners have learned to date working with six
demonstration projects. This tool kit also incorporates information shared during the Mining
Communities in Transition Workshop that was sponsored by EPA Region 8 as part of the EPA
Brownfields 2005 national conference. This resource is a work in progress and will be updated
periodically.

The MSL Initiative

The MSL Initiative is an effort established in 2003 to explore opportunities for multiple federal
agencies to coordinate and collaborate with each other and with state partners and local mining
communities on the cleanup and redevelopment of mine-scarred lands. The establishment of this
interagency partnership was created in response to the passage of the Small Business Liability Relief
and Brownfields Revitalization Act (referred to as the Brownfields Law) in 2002, which provides new
legal and financial tools for the cleanup and revitalization of mining properties. The law uses the term

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"mine-scarred lands" to describe mining-related brownfields properties.
http ://www. epa. gov/brownfields/ sblrbra. htm

The following agencies established the MSL Initiative:

• Appalachian Regional Commission (ARC)

• U.S. Army Corps of Engineers (US ACE)

• U.S. Department of Agriculture (USD A)

• U.S. Department of Housing and Urban Development (HUD)

• U.S. Department of the Interior (DOI)

• U.S. Environmental Protection Agency (EPA)

Since its inception, new partnerships have developed with other federal and state agencies, local
governments, communities, and non-profit and private sector organizations.

Demonstration Projects

The MSL Initiative partners sought communities to participate in the MSL Initiative as Demonstration
Projects. The six participating communities reflect the variety and scale of challenges that are shared
by mining communities across the country. The communities include:

Bullfrog Mine, Beatty, Nevada

An 81-acre portion of the Bullfrog Mine in Beatty, Nevada was transferred to the Beatty Economic
Development Corporation in 2005 from the Barrick Gold Corporation. The community is interested in
using this property and surrounding public lands to develop a solar, wind and/or geothermal renewable
energy facility. The key challenge for this community is to develop relationships with partners that are
integral to energy development decisions, especially the Bureau of Land Management (BLM), which
manages lands that would likely be involved in the project. The Nevada Energy Office provided
significant leadership in convening stakeholders including the Nevada Energy Task Force, Department
of Energy, BLM, research labs and utilities. The MSL Initiative partners and the community project
team organized an information sharing gathering in July 2005 in Reno, Nevada, to discuss renewable
energy opportunities and next steps. This information was used to develop an action plan that outlines
steps needed to develop a renewable energy power park.

Project Contact
Dr. James Marble

Director, Nye County Natural Resources Office

nyenro@co.nye.nv.us

(775) 482-7238

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Cranberry Creek Corridor, Hazleton, Pennsylvania

The Cranberry Creek Gateway Park is a 366-acre former anthracite coal mine. The community is
interested in revitalizing this site into a multi-reuse park with commercial, residential and recreational
components. The key challenge for this project is integrating cleanup, compaction, infrastructure and
other site development activities. The community held a convening of federal and state partners to
outline potential funding sources and phases of redevelopment activities. To ensure the community
was informed and engaged in the revitalization process, a community engagement plan was also
developed.

Project Contact
Kevin O'Donnell
President, CAN DO, Inc
kodonnell@hazeltoncando. com
(570)455-1508

Animas River Corridor, San Juan County, Colorado

The Animas River Corridor project focuses on two mixed public and private ownership sites: a two-
mile section of the Animas River through the Town of Silverton and the Eureka Townsite, an
abandoned mining town eight miles upriver from Silverton. The community is interested in revitalizing
the corridor for recreational reuse that incorporates art, historic preservation and ecological restoration.
The key challenge for this project is to negotiate mixed use land ownership issues and develop reuse
goals that are supported by the entire community. The community is working closely with the Bureau
of Land Management and Sunnyside Gold to negotiate a three-party land trade at the Eureka Townsite.
The project partners used a comprehensive public engagement process to determine reuse goals, and
federal and state partners met to begin identifying financial and technical assistance resource
opportunities.

Project Contact
Willy Tookey

Administrator, San Juan County
sanj uancounty @frontier. net
(970) 387-5766

Kelly's Creek Watershed, Kanawha County, West Virginia

The Kelly's Creek Watershed project is focused on innovatively integrating three activities:
development of wastewater infrastructure, remediation of acid mine drainage, and revitalization of
privately owned land into residential housing. The community outlined an action plan for moving
forward with all three separate, but related activities. It has been working closely with the private land
owner and county to determine how public and private funding sources can be combined to support
infrastructure and housing development. The community has also been working closely with the West
Virginia Department of Environmental Protection and Office of Surface Mining to identify sources of
mine contamination in order to obtain remediation funding.

Project Contact
Ruth Ann Starks

President, Kelly's Creek Communities Association
kccainc@charter. net
(304) 595-4293

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Pennsylvania Mine, Summit County, Colorado

The Pennsylvania Mine project is focused on improving water quality in the Snake River Watershed.
The key challenges for this project are significant water treatment liability concerns associated with the
Clean Water Act and Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), and technical difficulties due to the isolated location of the adit and extreme climate. The
community has been working closely with EPA to explore innovative options to address liability
concerns. It has also researched technical remediation alternatives.

Project Contact
Mary Davis Hamlin

Snake River Watershed Task Force Facilitator, Keystone Center
mhamlin@keystone. org
(970)513-5802

Stone Creek Tipple Site, Lee County, Virginia

The Stone Creek Tipple Site project is a 1.5-acre site that is going to be revitalized into an outdoor
classroom. It is one of approximately 70 abandoned coal loading facilities in Appalachia. These sites
are not eligible for reclamation funding through the Surface Mining Control and Reclamation Act
(SMCRA). The community has ensured stakeholders support reuse into an outdoor classroom,
negotiated with property owner, obtained a range of funding sources, conducted an environmental
assessment, and outlined next steps for development.

Project Contact
Richard Davis

Reclamation Inspector, VA Department of Mines, Minerals and Energy

richard.davis@dmme.virginia.gov

(276)523-8218

Additional information on the Mine-Scarred Lands Initiative and the Demonstration Projects is
available in the Mine-Scarred Lands Year One Report.
http://www.epa.gOv/brownfields/policv/initiatives_sb.htm#msl

The federal partners have been working with the projects since the summer of 2004. The experiences
learned through this Initiative have helped the federal partners develop a more integrated approach to
assisting local communities with mining property cleanup and revitalization.

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Creating a Vision for Revitalization

Soliciting stakeholders' input at project onset allowed the MSL Initiative communities to identify
innovative and realistic options for reuse. The MSL Initiative partners gathered information both
through informal conversations and more formal interviews and meetings.

People to Talk To

The MSL Initiative partners collected a broad range of perspectives by interviewing stakeholders such
as:

•	Individual citizens

•	Local government officials

•	Civic groups, such as watershed organizations

•	Homeowners associations

•	Historic and cultural organizations

•	Social service organizations

•	Environmental organizations

•	Recreation and tourism interests

•	Faith-based organizations

•	Business and industry interests

•	State and tribal environmental and economic development officials

•	Federal officials

•	Mine owners

In many cases, obtaining stakeholders' perspectives at the beginning of the project and continuing to
work with stakeholders throughout the process contributed to the success of the project.

Questions to Ask

The type of information that was gathered to identify revitalization opportunities includes:
Community Background

•	What are the economic drivers of the community (e.g., manufacturing, tourism)?

•	How close is the community to other population centers, transportation corridors, or other
amenities?

•	What kind of assets do individuals and organizations have (e.g., technical skills, political
influence, fundraising experience)?

•	Are there any key landmarks or historical and cultural areas that should be preserved?

•	What are the groups or organizations that help create a sense of community and how do they
invite citizens to participate?

•	What are the demographics of the community (e.g., age, income, education)?

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Previous Revitalization Efforts

•	What was the scope of previous efforts?

•	What resources were used?

•	What partners and stakeholders were involved?

•	What lessons were learned?

Community Revitalization Priorities

•	What are the revitalization goals of the community?

•	Are the goals identified and accepted by the community and what are the associated concerns?

•	Are there any challenges with this reuse option(s)?

•	Who are some potential partners to engage and what role might they play?

Mine Parcel Questions

•	Has an environmental assessment been conducted?

•	What kind of contamination does the site have?

•	Who owns the property and are they engaged in reuse planning?

•	Are there any liability issues at the site?

•	What kind of infrastructure does the site have?

Project Examples for Creating a Vision for Revitalization

Understanding Community Assets and Needs through a Formal Interview Process

Representatives of the MSL Initiative visited each of the six demonstration project communities to tour
the mine-scarred land properties and meet with other federal and state partners and community
members. MSL Initiative representatives gathered information on community background, previous
revitalization efforts, visions for revitalization, and challenges to achieving these goals. They
developed a "Reuse Inventory Report" to share information for each project. The Stone Creek Tipple
Site Reuse Inventory Report (PDF, 206K, 14pp ) provides an example of the scope and content of
these reports. These reports were helpful in determining next steps for each project and engaging new
partners, especially federal partners, http://www.epa.gov/aml/revital/msl/pdfs/stoneinv.pdf

Resources for Creating a Vision for Revitalization

EPA Green Communities

http ://www. epa. gov/ greenkit/

Through a 5-step planning process, this resource provides tools and information to help a community
help itself become more sustainable. The process includes a community assessment to help identify the
current state of the community.

National Park Service River, Trails, and Conservation Assistance (RTCA) Program Community
Tool Box

http://www.nps.gov/phso/rtcatoolbox

This resource outlines tried and true public participation methods RTCA has learned from the
communities where it work works.

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Appalachian Regional Commission Online Resource Center

http ://www. arc, gov/index. do?nodeId=48

ARC provides resources for community strategic planning, including understanding a community's
assets and needs.

Building Project Teams
Building a Core Project Team

The demonstration projects have shown that establishing core project teams can foster innovative
thinking and maintain momentum for a project over the long amount of time it takes to revitalize
former mine sites. There is no single formula for building the right core project team. In some
communities, a project team developed naturally among people focusing on a problem of common
concern. In others, a visionary project leader engaged community members and other stakeholders in a
specific revitalization vision. Some considerations learned through the projects include:

Seek members with varied skills and expertise

Having a team with a variety of skills and expertise (e.g., technical, leadership, communication,
education) contributes to successful decision making.

Establish a sense of need and direction

Teams with a common understanding of their goals and the various roles of team members are more
likely to be successful.

Utilize natural leaders

During many projects, a project leader emerged as the community assembled their core team. These
leaders often have status in the community and can become the "face" of the project. Effective leaders
are able to communicate, generate enthusiasm for the project,-engage volunteers, and delegate
responsibility efficiently.

Sustain engagement

Some communities have identified a coordinator to ensure that mining revitalization activities stay on
track and that partners are engaged in the right actions at the right time. This person is often the project
leader, but does not have to be.

Project Examples Related to Building a Core Project Team

Obtaining Needed Expertise to Develop a Well-Rounded Project Team:

The Beatty Renewable Energy Project

The Nye County Natural Resources Office was integral to Nye County receiving an EPA Brownfields
grant and foresaw the possibility of using the Bullfrog Mine property for renewable energy
development. However, the Nye County Natural Resources Office recognized that it needed the
assistance of an economic development specialist and a local community leader to identify and reach
out to potential project partners. New partners like the Nye County Economic Development Office and
the Beatty Economic Development Corporation, a community organization, are bringing the broad-
based expertise necessary for this project to succeed.

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Project Leadership to Coordinate Stakeholders:

The Stone Creek Project

The Daniel Boone Soil and Conservation District serves as the coordinator among project partners and
stakeholders. It is also responsible for motivating project activities to ensure they are conducted in a
timely manner. Some of the activities Daniel Boone has conducted include: briefed Lee County staff to
obtain county support for an outdoor classroom on the former tipple site, held public meetings and
open houses to inform the community about and gain support for the project, and served as the liaison
between the MSL Initiative federal partners and the Lee County community.

Identifying and Engaging Partners and Stakeholders

Partners are individuals or organizations that are willing to lend their resources and skills to a project,
while stakeholders are individuals or groups who are potentially affected by the project and have the
power to block or delay project activities. Since partners and stakeholders may change during the
different phases of the projects, the MSL Initiative communities found it important to engage them
both throughout the revitalization process.

Engage a broad network of partners

MSL communities engaged partners by describing how supporting the project helped partners achieve
their goals or satisfy their interests. Examples of potential partners and stakeholders included:

•	Active community residents

•	Local subject matter experts

•	Members of existing citizen organizations that are concerned with the property in question or
the goals of the revitalization effort

•	Business and industry

•	Chamber of Commerce

•	Local, state, tribal and federal government representatives ranging from environmental
regulatory agencies to agencies that finance infrastructure development

•	Local colleges and research institutions

•	Volunteer organizations

•	Mine owners

Engage state, tribal and federal partners

Many communities have a long history of working with government partners, which often include
local/state/tribal environmental protection and economic/community development agencies. Local
county planners can help to identify government contacts, if they are not already engaged.

Engage stakeholders early in the project

•	Communities reduced the likelihood that stakeholders would block project efforts by involving
them early in the process. In many cases, stakeholders provided new perspectives that helped to
solve project challenges.

•	Consider funding and technical assistance needs when identifying partners to engage.

•	Continue to ask for support and create energy around the project by highlighting progress.

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Project Examples Related to Identifying and Engaging Partners and Stakeholders

Engaging Partners to Develop a Weil-Rounded Project Team:

The Beatty Renewable Energy Project

The possibility of developing solar power in southern Nye County, Nevada had been discussed for a
long time. The Nye County Natural Resources Office proposed using the Bullfrog Mine property for
renewable energy development early in 2004. However, the project did not take shape until partners
like the Nevada Energy Office, U.S. Department of Energy, Bureau of Land Management and
renewable energy laboratories became involved. The MSL Initiative partners engaged a few critical
partners who became excited about the project and discussed it with their colleagues. The list of
partners continued to expand as information about the project was shared broadly by word of mouth.

Project Leadership to Coordinate Stakeholders:

The Stone Creek Project

The Daniel Boone Soil and Conservation District and the Virginia Department of Mines, Minerals and
Energy, were instrumental in coordinating the support of state and local agencies and stakeholders to
provide resources for the Stone Creek revitalization project. Collectively, they coordinated with and
obtained support from the following project partners:

• Office of Surface Mining (OSM) and the Fish and Wildlife Service (FWS) cooperated to fund
an intern to apply for a Brownfields Assessment grant for the broader region.

• U.S. EPA conducted a Phase I and II Targeted Brownfields Assessment on the property.

• U.S. Fish and Wildlife Service to provide funds for purchasing the property, and cleanup and
redevelopment.

• National Fish and Wildlife Foundation to provide funds for constructing the outdoor classroom.

• Virginia Department of Transportation to perform stream bank restoration.

• Lee County Board of Supervisors and Lee County School Board to write a letter of
commitment to use the property for an outdoor classroom.

• The Virginia Department of Forestry to provide seedling for a riparian zone planting.

Resources Related to Identifying and Engaging Partners and Stakeholders

EPA, Getting In Step: A Guide for Conducting Watershed Outreach Campaigns and Getting in
Step: Engaging and Involving Stakeholders in Your Watershed

http://www.epa.gov/owow/watershed/outreach/documents/

These stakeholder guides provide the tools needed to effectively identify, engage and involve
stakeholders throughout a watershed project.

EPA Green Communities

http ://www. epa. gov/ greenkit/

Through a 5-step planning process, this resource provides tools and information to help a community
help itself become more sustainable. Step 1 includes tools on how to involve the community.

Trout Unlimited Grassroots Guide

http://www.tu.org/site/apps/lk/content2.aspx?c=7dJEKTNuFmG&b=478363

A resource guide to assist communities in identifying mine-related problems, organizing communities
and working to improve water quality and wildlife habitat.

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EPA, Environmental Justice Collaborative Model

http://www.epa.gov/compliance/environmentaliustice/

This resource provides an overview of some of the key aspects for any collaborative process including
issue identification, building partnerships, strategic planning and project implementation.

EPA, Community Action for a Renewed Environment (CARE) Resource Guide

http:// cfpub. epa. gov/ care/

This guide is designed to help communities in the CARE program, who go through a multi-step
process: getting organized, analyzing risks, reducing risks, and tracking progress. It can be used by
anyone interested in any aspect of working with communities.

OSM Intern Program

http://www.osinre.uov/acsi/internindex.htin)

This site provides an index to applications and sponsorship information for individuals interested in the
Office of Surface Mining's Watershed Intern Program.

Involving the Larger Community

Many of the MSL Initiative communities found that it was advantageous to inform and involve the
broader community in their revitalization projects. This not only helped to build community support
for projects, it also produced new ideas and minimized the potential for conflict and delays. Some
considerations learned through the projects include:

Ensure that all stakeholder issues and groups are identified early in the project

Some MSL communities enlisted the help of facilitation experts in this effort.

Provide clear and factual information about the project on a predictable and consistent basis

Make use of existing communication channels in addition to developing new ones

For example, some MSL communities provided an update of the project at other organizations'
meetings or added a written update within a community newsletter.

Use a variety of outreach tools and mechanisms to provide information about the project

Some project teams: wrote fact sheets, newsletters, press releases, and issue papers; created Web sites;
gave presentations and briefings; and held focus groups and public meetings.

Identify opportunities for public input associated with project milestones

Project teams learned that it is important to be clear about the kind of information they needed from
their community, how they hoped to get it, and what they intended to do with it. They reported back to
the community to describe how their feedback was used and how it influenced the project plan or
decision. Be open and transparent in making decisions.

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Project Examples for Involving the Larger Community

Informing and Involving the Community:

The Cranberry Creek Gateway Park Project

The Cranberry Creek Gateway Park project is a 360-acre site that is envisioned to result in a gateway
park featuring housing, commercial facilities and recreational opportunities. This project will take
place in multiple phases (i.e., reclamation, redevelopment, sustained use). The Cranberry Creek
Committee realized that obtaining community support and maintaining it over the lengthy duration of
the project was essential for the project to succeed. The project team developed the Cranberry Creek
Gateway Park Community Eneaeement Plan (PDF. 934 K. 27v) to provide a framework for planning
and implementing community engagement activities. The plan is divided into four essential steps:
http ://www. epa. gov/ aml/revital/msl/pdfs/crancep. pdf

Identify the community, stakeholders and partners - defines the differences between and among
these groups and the roles each may play in the project.

Implement communications and outreach - describes a range of approaches and mechanisms for
keeping the community informed.

Obtain and using input - describes a variety of mechanisms for obtaining input and reporting back to
the community on how the input was used.

Evaluate and Adapt - provides strategies for evaluating community engagement activities and
making changes to meet the needs of the community.

Creative Community Engagement Ideas:

The San Juan County Project

Plans are underway to revitalize a 2-mile stretch of the Animas River Corridor and the Eureka
Townsite for recreational reuse in Silverton, Colorado. To develop support from community members
and obtain their feedback on types of reuse, the core project team encouraged its community to get
involved in a variety of ways. For example, the team developed a scrapbook to capture the oral history
and portray the community's experiences with the river, began to publish the Animas River Corridor
Revitalization Plan Newsletter (PDF, 324 K, 2 pp), held public meetings focused on the project, and
provided updates and solicited input on reuse ideas by attending other community groups' meetings.
The Animas River Stakeholders Group assisted the core project team in planning the Animas River
Festival, a critical component in mobilizing the community to value the river corridor and volunteer to
help with its cleanup and future revitalization. http://www.epa.gov/aml/revital/msl/pdfs/animas.pdf

Resources for Involving the Larger Community

International Association for Public Participation Tool Box

http://www.iap2.org/associations/4748/files/toolbox.pdf

This guide provides a brief overview of different outreach with associated general tips.

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EPA, Getting In Step: A Guide for Conducting Watershed Outreach Campaigns and Getting in
Step: Engaging and Involving Stakeholders in Your Watershed

http://www.epa.gov/owow/watershed/outreach/documents/

These stakeholder guides provide the tools needed to effectively identify, engage and involve
stakeholders throughout a watershed project.

National Park Service River, Trails, and Conservation Assistance (RTCA) Program Community
Tool Box

http://www.nps.gov/phso/rtcatoolbox/

This resource outlines tried and true public participation methods RTCA has learned from the
communities where it works.

EPA Superfund Community Involvement Handbook

http ://www. epa. gov/ superfund/tools/index. htm

Though this resource is written specifically for communities with Superfund sites, it provides general
information that is valuable for any project.

EPA Tools for Public Involvement

http://www.epa.gov/publicinvolvement/

This site lists a variety of resources to support any public participation activity.

Obtaining External Support
Involving Subject Matter Experts

The Demonstration Projects have shown that even the most well-rounded project teams sometimes
have to seek expert assistance to deal with the multi-disciplinary issues and challenges associated with
revitalizing former mines. For example, some of the MSL Initiative communities found that they
needed an environmental consultant to understand contamination issues, an engineer to assess cleanup
options, an attorney to help explore liability management approaches, or a community planner to
evaluate economic development possibilities. Careful selection of subject matter experts and clear
expectations about the tasks they were to perform was essential to project success. Considerations
learned from these projects include:

• Be clear about what services the expert should provide and identify the points in the project
where those services would provide the greatest benefit.

• Ensure experts can demonstrate relevant experience (e.g., have they done this kind of work
before; can they provide project descriptions and references, etc.).

• Explain to the experts how their assistance fits into the overall project context. Be clear about
the desired product, when it needs to be completed to meet related deadlines, and what role the
expert will play in project team decisions.

• Jointly draft a statement of work with the expert so there is a shared understanding of tasks,
timelines and deliverables.

• Have the expert present information to the broader community on what he is doing, when
appropriate.

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Resources for Involving Subject Matter Experts

CAL-EPA Guide to Selecting an Environmental Consultant

http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/PUB_SMP_Guide-to-Selecting-a-
Consultant.pdf

Though this resource contains some California-specific information, it provides general information
for any party on developing an RFP and selecting an appropriate environmental consultant.

Using Outside Assistance with Project Planning and Coordination

Some MSL communities found that using outside support allowed project team members to focus
more on the substance of their efforts rather than worrying about managing the project process. A
facilitator is a neutral third party who can provide this support. In many cases the MSL Initiative
communities used a local facilitator who had the right skills and was trusted by all participants. In
other cases, they used a facilitator from outside of the community. Outside assistance can be helpful
for activities such as:

•	Managing and coordinating the overall revitalization process

•	Identifying or working with stakeholders or partners and designing a process for community
involvement

•	Facilitating an exchange of information

•	Assisting parties in reaching an agreement

•	Managing conflicts that arise

Project Examples Related to Using Outside Assistance with Project Planning and
Coordination

Long-term Facilitation Support for a Watershed Group:

Pennsylvania Mine Project

The Snake River Watershed Task Force was established in 1999 to improve water quality in the Snake
River Watershed in Summit County, Colorado. Since that time, The Keystone Center has provided
ongoing facilitation support. The Keystone Center helped the Task Force form a diverse group with
representatives from the business community, local, state and federal government agencies, non-profit
organizations and local residents. It continues to motivate and coordinate project activities. This
support has allowed the Task Force members to analyze technical issues of the site instead of
managing process oriented activities.

Facilitation Support for an Information Exchange:

Beatty Renewable Energy Project

A neutral consultant provided facilitation support for a key one-day information exchange meeting
among partners and stakeholders involved in the Beatty Renewable Energy Project. This meeting
proved to be a timely opportunity for partners to come together to:

•	Share information on the background of the project

•	Discuss the potential for using the former mine site and surrounding areas for renewable energy
development

•	Identify the challenges associated with renewable energy development

•	Identify steps needed to conduct a feasibility study

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• Establish an organization structure to support the project into the future

The facilitator was critical to helping the partners develop a realistic agenda, keeping the participants
focused and on schedule during the meeting, and helping participants outline key next steps for the
project.

Facilitation Support for a Planning Meeting:

The Cranberry Creek Gateway Park Project

Neutral consultants provided facilitation support for a Cranberry Creek Steering Committee meeting
focused on developing a community engagement plan for their project. The facilitators reviewed the
draft plan with the Committee and worked with the Committee to outline key messages that needed to
be shared with the community; who the key partners and stakeholders were; and a timeline of
community engagement activities. By having the facilitators lead the meeting, participants were able to
focus solely on brainstorming. The facilitators also ensured that all participants had an equal
opportunity to share their ideas.

Developing a Revitalization Plan
Determining Reuse Goals

Among the six Demonstration Projects, a range of reuse goals were identified including a renewable
energy park, residential reuse, recreational reuse, outdoor environmental classroom, and multi-reuse
with commercial, residential and recreational components. Many of the MSL Initiative communities
gathered a broad range of stakeholders' perspectives and held visioning sessions to brainstorm and
determine reuse goals.

Some considerations learned from the Demonstration Projects include:

• Align reuse goals with economic transition needs by understanding how the community fits
into the regional economy.

• Consider a variety of reuse ideas including industrial, residential, commercial, recreational,
historical preservation and multi-reuse options.

• Involve stakeholders and the community in the reuse planning effort through public meetings
or other strategies. Often, MSL community members contributed unexpected and innovative
reuse and revitalization ideas.

• Assess how property size, location, zoning and infrastructure support reuse ideas.

• Consider hiring a consultant to conduct a market feasibility study to help determine the
project's likelihood of success by analyzing demographic, economic and market data.

• Choose a reuse option based on the ideas shared through the planning process rather than on
what funding resources are available at the time.

Note that sometimes reuse goals changed over the life of a project.

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Project Examples for Determining Reuse Goals

Collecting Public Feedback:

The San Juan County Project

The San Juan County project is revitalizing a segment of the Animas River Corridor for recreational
reuse. The planning team has collected public ideas and concerns in a variety of ways including:

• Attending local community groups' meetings.

• Holding public forums focused on the project.

• Collecting stories and memories of the Animas River. Goshen College students interviewed
community residents. These shared experiences helped shape the San Juan County reuse plan
and will eventually be incorporated into an exhibit about the Animas River. . Sharing water
quality data and assessments of mine related impacts. This information was provided by the
Animas River Stakeholders Group. Students from Fort Lewis College helped gather associated
data.

• Hosting river walks and a river cleanup to encourage community members to investigate the
corridor and participate in immediate actions to improve it.

Public input was recorded in the Animas River Corridor Revitalization Project: Technical and
Financial Assistance Workshop (PDF, 752 K, 31 pp). This document outlines the community's reuse
goals, provides concept plans that show what the area could look like in the future, describes the
specific activities that need to be completed, and provides initial ideas on potential financial and
technical assistance support. The document provided background information for a convening of
federal, state and local agency representatives in Silverton, Colorado in August 2006, whereby partners
had the opportunity to identify financial and technical assistance opportunities and discuss how they
can be integrated, http://www.epa. gov/aml/revital/msl/pdfs/animwkshp.pdf

Including a Market Feasibility Study into Reuse Planning:

Cranberry Creek Gateway Park Project

The Cranberry Creek Board of Directors is working to ensure the revitalization project will improve
regional economic competitiveness. They funded a marketability and feasibility analysis that is
currently underway to:

• Characterize real estate and economic market conditions.

• Identify feasible development options.

• Establish a business-oriented strategic plan for successful redevelopment.

Resources for Determining Reuse Goals

USDA Rural Information Center

http://www.nal.usda.gov/ric/ricpubs/ricpubs.htm

This resource provides general advice and resource recommendations for a range of reuse ideas such as
tourism, historical preservation and housing.

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EPA Green Communities

http ://www. epa. gov/ greenkit/

Through a 5-step planning process, this resource provides tools and information to help a community
help itself become more sustainable. A visioning process is included with tools to help identify an end
goal.

EPA, SMARTe

http://www.smarte.org/smarte/home/index.xml

A Web-based decision support system for developing and evaluating future reuse scenarios for
potentially contaminated land. SMARTe contains guidance and analysis tools for all aspects of the
revitalization process including planning, environmental, economic and social concerns.

Appalachian Regional Council Online Resource Center http://www.arc. gov/index.do?nodeId=48
ARC provides resources for community strategic planning.

The Vintondale, PA AMD&ART project

http://www.amdandart.info

This project is a model of revitalizing a mine-scarred land into a recreation area with public art pieces
that explore and honor community history. The Web site describes all aspects of the project from
initial planning through acid mine drainage reclamation and wetlands development. It includes
information on all funding sources used.

National Park Service River, Trails, and Conservation Assistance (RTCA) Program Community
Tool Box

http://www.nps.gov/phso/rtcatoolbox

This resource outlines tried and true public participation methods RTCA has learned from the
communities where it works.

Developing and Implementing Project Plans

Many of the MSL Initiative communities developed project plans that recorded their reuse goals and
outlined associated tasks, timelines and expected project costs. In some cases they described how the
outlined tasks would be implemented. For example, some project teams decided to break into
committees by type of activity (e.g., advisory, fundraising, community engagement, and technical).

The Beatty Area Renewable Energy Action Plan (PDF, 1.3M, 23 pp) is a detailed plan that describes
the steps necessary to engage stakeholders and partners, obtain funding, and conduct a feasibility study
on renewable energy opportunities. It outlines specific roles and responsibilities, an expected timeline
of activities, and projected costs. The Stone Creek Work Plan (PDF, ?) is a less detailed plan, but
provides an overview of project activities such as assessment, acquisition, cleanup and redevelopment.
http://www.epa.gov/aml/revital/msl/pdfs/beattv.pdf

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Using Maps and Charts to Describe the Project:

The Kelly's Creek Flow Chart of Project Activities (PDF, 118 K, 2 pp) is an example of how a flow
chart can show how project activities fit together and highlight decision points. This guide helps to
measure progress and maintain motivation over the long time it often takes to complete a mine
revitalization project. The San Juan County Animas River Corridor Silverton Concept Plan (PDF,
143, lpp) and Eureka Townsite Revitalization Concept Plan (PDF, 138K, lpp) are examples of visual
concept plans that show what the project may look like in the future.
http://www.epa.gov/aml/revital/msl/pdfs/kellvs_flow.pdf
http://www.epa.gov/aml/revital/msl/pdfs/animasplan.pdf
http://www.epa.gov/aml/revital/msl/pdfs/eurekaplan.pdf

Resources for Developing and Implementing Project Plans

Appalachian Regional Commission Online Resource Center

http ://www. arc, gov/index. do?nodeId=48

ARC provides resources for community strategic planning.

EPA Green Communities

http ://www. epa. gov/ greenkitA)

Through a 5-step planning process, provides tools and information to help a community help itself
become more sustainable. An action planning process is included in the "How Do We Get Their"
section.

National Park Service River, Trails, and Conservation Assistance (RTCA) Program Community
Tool Box

http://www.nps.gov/phso/rtcatoolbox/

This resource outlines tried and true public participation methods RTCA has learned from the
communities where it work works.

Technical Considerations

Overview of Technical Challenges and Resources

Revitalizing former mines involves a number of technical challenges including, but not limited to the
following:

Acid Mine Drainage (AMD)

Acid water discharge with elevated metal content seeps into streams. This can degrade ecosystems and
threaten public water supplies.

Stockpiled Waste Rock and Tailings

Wastes from mining operations are often left behind in large gob piles or waste dumps. These can
contribute to metal loading in streams and rivers.

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Other Contamination

Other mining-related contaminants may include chemicals from leaking containers left behind after a
mine has closed, chemicals involved in mining operations such as cyanide and arsenic, and PCBs from
electrical transformers used at mining operation sites. These can seep into the ground water and soil.

Degraded Physical Structures

Open shafts, rotting support structures, equipment, electrical transformers, and open pits pose a safety
threat.

Insufficient Infrastructure

Rural mining communities often have complex runoff management issues and inadequate wastewater
treatment and drinking water facilities.

Isolated Properties

Some mining properties are isolated in areas that are difficult to reach due to the topography or
climatic conditions. These properties may be unable to connect to electrical power or other
infrastructure systems.

Compendium of Technical Resources

EPA Abandoned Mine Lands Team Technical Resources http://www.epa. gov/aml/tech/index.htm
This page contains technical reports, studies and meeting proceedings covering such topics as: AML
contamination assessment and characterization techniques; types of waste found at AMLs;
technologies used to remediate contamination found at AMLs; modeling and forecasting impacts from
mining; and financial and bonding studies. This site also includes the AML Technology Research
Summaries, which enable the user to input property information in order to search for appropriate
technologies.

The Brownfields and Land Revitalization Technology Support Center

http://www.brownfieldstsc.org/miningsites.cfm

This site provides an overview of mining site redevelopment, as well as new and innovative
approaches to more efficiently characterize and cleanup those sites. One of their key resources is the
Mine Site Cleanup for Brownfields Redevelopment: A Three-Part Primer.

Office of Surface Mining Research and Technology and AMD Treatment

http: //www, ott. wrcc. o smre. gov/librarv/hbmanual. htm

OSM provides a listing of resources on technical developments to assist with addressing acid mine
drainage treatment and other associated environmental concerns.

Bureau of Land Management Abandoned Mine Land Program Technical Resources

http://www.blm.gov/aml/ap_techresource.htm

This page contains technical reports on topics such as passive treatment technologies, abandoned mine
waste repositories and risk management criteria.

Cleaning up Abandoned Hardrock Mines in the West: Prospecting for a Better Future

http ://www. centerwest. org/acidmine. htm

This resource provides technical information associated with the cleanup of environmental impacts for
hardrock mine-scarred lands.

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Trout Unlimited Grassroots Guide

http://www.tu.org/site/apps/lk/content2.aspx?c=7dJEKTNuFmG&b=478363

A resource guide to assist communities in identifying mine-related problems, organizing communities,
and working to improve water quality and wildlife habitat.

EPA, Road Map to Understanding Innovative Technology Options for Brownfields Investigation
and Cleanup

http://www.brownfieldstsc.org/roadmap/home.cfm

The Road Map outlines the steps involved in site investigation and cleanup and introduces stakeholders
to the range of technology options and available resources.

EPA, SMARTe

http://www.smarte.org/smarte/home/index.xml

A Web-based decision support system for developing and evaluating future reuse scenarios for
potentially contaminated land. SMARTe contains guidance and analysis tools for all aspects of the
revitalization process including planning, environmental, economic and social concerns.

Obtaining Information on Water Quality Treatment Alternatives

Treatment of acid mine drainage and metal loading into watersheds is site specific as each mining site
has unique flow rates, contaminants and site location. There are, however, common types of water
quality treatment systems:

Source control

Methods that prevent the drainage from a mining adit to occur or improve the quality of the discharge.
Active treatment

Methods which use ongoing inputs of artificial energy and/or chemicals to improve water quality.
Off-site treatment

Active treatment methods that are applied off-site. For example, a treatment center could be
constructed that pumps contaminated water from a variety of mines to one central treatment plant.

Semi-passive treatment

Methods that involve natural physical, biochemical and geochemical actions and reactions. For
example, an adjacent wetland could help restore water quality.

There is a significant amount of technical information on the Internet such as technical reports and case
studies of treatment alternatives. Conducting Internet research is a good way to understand the
technical issues. These are complicated issues and in many cases, an environmental consultant may
need to be brought in to analyze the options.

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Project Example Related to Obtaining Information on Water Quality Treatment
Alternatives

How to Determine Treatment Options:

The Pennsylvania Mine Project

Pennsylvania Mine stakeholders researched preliminary treatment design considerations and developed
the Pennsylvania Mine MSL Demonstration Project Technology Alternatives Assessment.
Information was collected from a range of technical reports that describe best available technologies
for sites similar to Pennsylvania Mine. The following criteria were used to develop a list of treatment
alternatives that meet the water quality goals, are practical, and have acceptable costs:
http://instaar.colorado.edu/SRWTF/reports.htm

• Effectiveness: The potential for the treatment option to achieve remedial goals established for
the site.

• Area required

• Sludge production

• Complexity: The amount of human intervention that would be required.

• Reliability: The ability of the treatment option to perform as indicated by similar systems.

• Cost: Major costs are construction, operation and maintenance, required chemicals, and sludge
management.

• Community and Regulatory Acceptance: This is especially important with this project due to
associated liability concerns.

The Snake River Watershed Task Force intends to develop a Request for Proposals (RFP) to conduct
site specific design to properly size the various components and assure workability.

Legal Considerations

Statutory Framework for Mine Revitalization and Related Challenges

The key federal statutes that are applicable to the cleanup and reuse of former mines are described
below. Sometimes these laws overlap or there are gaps in revitalization assistance. Some of the MSL
communities have had to address regulatory complexities involving potential liability for innocent
parties and gaps in what reclamation assistance will provide.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

http ://www. epa. gov/ superfund/action/law/ cercla. htm

Provides funding for cleanups, either through payment for or implementation of cleanups by
responsible parties.

Surface Mining Control and Reclamation Act (SMCRA)

http://www.osmre.gov/smcra.htm

Created the Abandoned Mine Land (AML) Fund to pay for remediation associated with pre-1977 coal
mining activities, and regulates current coal mining activity and reclamation.

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Clean Water Act (CWA)

http://www.epa.gov/r5water/cwa.htm

Regulates discharge of pollutants into navigable waters, including those associated with mine-scarred
lands.

Small Business Liability and Brownfields Revitalization Act (Brownfields Law)

http ://www. epa. gov/brownfields/ sblrbra. htm

Authorizes funding to assess and clean up mine-scarred lands and provides certain liability
clarifications.

General Mining Law of 1872

http://www.blm.gov/ca/bakersfield/1872.html

Granted free access to prospect for minerals on public lands and allows for the purchase of these lands.

Clean Air Act (CAA)

http://www.epa.gov/oar/caa/

Establishes federal air quality standards and regulates polluting emissions through state
implementation plans.

Resource Conservation and Recovery Act (RCRA) http://www.epa.gov/region5/defs/html/rcra.htm
Governs the management of solid and hazardous waste, including those associated with mine-scarred
lands.

Project Examples Related to Statutory Framework for Mine Revitalization and
Related Challenges

Potential Liability for Innocent Parties:

The Pennsylvania Mine Project

The Snake River Watershed Task Force is a group that was established in 1999 to improve water
quality in the Snake River watershed in Summit County, Colorado. The group has broad representation
from the business community, local, state and federal governments, non-profit organizations, and
community residents. Despite the fact that it has developed extensive expertise on the site's
contamination issues and treatment options, it is unable to move forward due to liability concerns
associated with the Clean Water Act. This law has a provision that requires a permit to discharge any
pollutants into the watershed. The permit would likely require any party that acquires the land to
conduct treatment. Because current treatment technologies cannot meet the cleanup levels required, the
owner could potentially be subject to perpetual liability. Additionally, the law has a provision that
allows individuals adversely affected by the discharges of contaminated water to bring a citizen suit for
violations. The Task Force continues to explore innovative solutions to having an innocent party clean
up the mine without being held liable.

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Limitations of SMCRA Reclamation Activities:

The Cranberry Creek Gateway Park Project

Compaction of land is necessary to support the weight of buildings on reclaimed mines. SMCRA
funding is the main resource coal communities use to fund reclamation. However, this funding allows
land to be filled, but not compacted. The costs for site compaction can be greatly reduced if it can be
done in conjunction with the filling of land. At the Cranberry Creek site, the project team is hoping to
combine the SMCRA Reclamation Funds with other funding sources that can support compaction such
as the Department of Housing and Urban Development (HUD) Section 108/Community Development
Block Grant (CDBG) Program or a state economic development program. Compaction will only be
conducted on portions of the 366-acre property that are targeted for redevelopment. Early consultation
with the state mining office is essential in determining how to incorporate SMCRA funds into
compaction activities.

Combining Brownfields Assessment and SMCRA Reclamation Activities:

The Kelly's Creek Project

The Kelly's Creek community has a significant acid mine drainage problem. Funding is available
through SMCRA to clean up the acid mine areas that were polluted before 1977. However, since the
community included both pre- and post-1977 mining activities, an assessment needed to be completed
to determine the source of contamination. Since SMCRA funds can only be used for the actual
reclamation and not assessment, the community used its EPA Brownfields Assessment grant to
determine where the contamination originated. SMCRA funding will be used to remediate the pre-
1977 critical discharge points and the West Virginia Department of Environmental Protection will
provide funding to reclaim the post-1977 critical discharge points.

Privately or Publicly-Owned Properties

Many former mine properties are owned by private land owners or the federal government. In order for
their projects to move forward, some of the MSL communities have had to engage federal and private
property landowners. Some considerations learned through these projects include:

•	Respect the rights of the owners (i.e., do not trespass).

•	Describe how the reuse will benefit the private or federal property owner. For example, by
supporting the project, a coal company may improve its community relations or a
redevelopment may bring it financial gains.

•	Consider ways to support the land owners. For example, if the private land owner invests in the
redevelopment project, the county may agree to fund associated infrastructure and provide tax
incentives. The federal government is working to clean up the country's mine-scarred lands,
but due to funding limitations it can only support a limited number of projects at anytime. If it
can be shown that the public supports the project and resources can be leveraged, the federal
government partners may be able to prioritize the project.

•	Identify possible legal considerations to ease any liability fears the land owner may have. It is
helpful to develop a relationship with regulatory partners (e.g., EPA and state environmental
protection departments) so they can provide an overview of liability management approaches.
After initial conversations with the land owners, suggest a meeting with the regulatory partner
to answer any questions the owner may have.

Be patient! Working with government or private land owners can be a lengthy and complex process.

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Project Examples Related to Privately or Publicly-Owned Properties

Engaging Private Land Owners:

The Kelly's Creek Project

Kelly's Creek, West Virginia is a community approximately 20 miles from Charleston, West Virginia
that is hoping to develop residential housing and a retirement community on a portion of a 3,000-acre
privately-owned property. Representatives from the project team held a meeting with the private
owners to provide an overview of the project. They developed an overview of the project fact sheet
(PDF, 555 K, 2pp) that focused on the owner's needs. The project team described how redeveloping
this property would be a significant financial benefit to the owner, especially since the land did not
appear to be mineable in the future. Additionally, there is a need for residential housing for
Charleston's workforce and the number of retirees is projected to increase significantly in the coming
years. A study conducted by an Office of Surface Mining (OSM) intern gave preliminary ideas on
where this housing could be sited, http://www.epa.gov/aml/revital/msl/pdfs/kellvs_overview.pdf

At the time of these initial conversations, the community had resources to support an environmental
assessment of the proposed redevelopment area and a market feasibility study to further assess the
projected costs and benefits of the project. The county, federal and state partners were willing to
provide significant support in developing the necessary infrastructure, including a wastewater
treatment system that is very expensive. Negotiations are currently underway with the private owner.

Working with a Federal Land Owner:

The San Juan County Project

San Juan County has been working closely with the Bureau of Land Management (BLM) to undergo a
land trade that would consolidate the current checkerboard land ownership. This will make it easier to
accomplish reuse goals such as protecting historic mining features, developing camping facilities,
removing mining impacts on wetlands, and restoring natural functions to the floodplain. BLM has
spent more than $500,000 on site investigation associated with the land trade and has supported two
interns to help develop the revitalization plan and apply for a Colorado Department of Public Health
and Environment Targeted Brownfields Assessment Grant.

Easing Private Owner Liability Fears:

The Beatty Renewable Energy Project

Barrick Gold, Inc, the former owner of the Bullfrog Mine, transferred 81 acres of former mine property
to the Beatty Economic Development Corporation. Before the property transaction took place, an EPA
Targeted Brownfields Assessment was conducted to ensure there were no contamination issues at the
site. The Nye County Natural Resources Office and EPA held several conversations with Barrick Gold
managers to assure them that the future use of the property would not pose a liability risk to the former
mine operator. In the end, restrictions were included in the deed to prevent certain uses of the land.

During the conversations with Barrick Gold managers, the project team described how the transaction
would benefit Barrick. For example, a renewable energy project may make it feasible for them to
develop renewable energy on their remaining adjacent properties. Their corporation has gas-fired
generation plants elsewhere and could use the renewable energy credits.

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Resources Related to Privately or Publicly-Owned Properties

GeoCommunicator

http ://www. geocommunicator. gov/

This site enables the user to search and map federally-owned lands

Liability Concerns

Some of the Demonstration Projects involve liability concerns involved with SMCRA, CERCLA and
the Clean Water Act. Each regulation has its own distinctions. The project teams have learned that it is
critical to understand associated issues before moving forward because communities or individuals
could be held responsible for significant costs, even if the liability is connected to an outside party.
MSL communities have gained some insight on how to deal with these sites:

Identify an attorney to explore liability management approaches.

This person can understand and help explain the magnitude of the problem, whether a partial or
complete solution is possible, and the expected timeline.

Determine if there is any linkage to liability funding from potentially responsible parties (PRPs)

If there is a connection, the PRP may be held responsible for the cleanup costs. Contact EPA
Superfund staff to help with this process.

Determine if it is possible to manage liability if land owners enter a state Voluntary Cleanup
Program (VCP)

Contact the state VCP representative for more information. Use a neutral third party to coordinate and
mediate liability complexities.

Project Examples Related to Liability Concerns

Overcoming Liability Concerns:

The Stone Creek Project

The Stone Creek site is an abandoned coal loading facility that is owned by a private property owner.
In order for the county to feel comfortable acquiring and revitalizing the site, it needed some liability
protections. Subject matter experts met with the key parties and outlined the steps that are necessary
for liability protection. These include:

• The county secures an option to buy the property at a specified price that is contingent on the
outcome of an environmental assessment.

• An environmental assessment of the site is conducted. In this case, an EPA Targeted
Brownfields Assessment was completed.

• The county acquires the site.

• If cleanup is required, the county enters the site into Virginia's Voluntary Remediation
Program (VRP). This program provides a comfort letter after cleanup is completed that protects
the county against liability. Though every state's voluntary program is different, they have
similar liability protection provisions. For more information on each state, go to EPA's State of
the State Report, http://www.epa.gov/brownfields/pubs/st_res_prog_report.htm

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Resources Related to Liability Concerns

EPA, Office of Enforcement and Compliance Assurance

http ://www. epa. gov/ compliance/

Provides an overview of laws associated with mine cleanup and reuse and provides a wide-range of
guidance documents.

EPA, SMARTe

http://www.smarte.org/smarte/home/index.xml

Funding Revitalization Projects

Identifying and Applying for Funding and Technical Assistance

Every mine revitalization project needs funding to succeed. Though the MSL Initiative communities
are at varying stages of their projects, they all have begun identifying and applying for funding. Some
of the considerations learned through the projects include:

• Build partnerships with state economic development agencies, local non-profit organizations
and foundations. Typically these organizations have significant experience in identifying and
applying for funding and will be a valuable resource.

• Discuss the project with a variety of agency representatives even if no funding is currently
available. Not all federal and state agencies will be able to provide support during the
timeframe for the project, but they may be able to provide other contacts or innovative
financing ideas.

• Hold an in-person meeting of potential funding and technical assistance representatives.
Federal, state and local funding and technical assistance representatives may be able to better
understand what role they can play in the project and think creatively about how to help
combine a variety of resources if they are able to tour the project and have a dialogue with a
range of partners.

• Understand the eligible entities for funding resources. Some sources of funds can only be
utilized by non-profit organizations or county governments.

• Learn the timetables for federal and state grant and loan programs. Some applications may
require a pre-application or screening process to determine if the project meets the funding
criteria for the program.

• Plan accordingly as many federal and state funding opportunities take time to apply for and
receive funding. Projects may need to get on the funding priority list of some federal or state
programs.

• Identify grants that may be used to help with loan payments. For example, a Department of
Housing and Urban Development (HUD) Brownfields Economic Development Grant (BEDI)
can be used to make interest payments on a HUD Section 108 loan for a certain period of time
until the redevelopment project generates its own revenue.

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•	Establish relationships with local county/municipality business development agencies as they
may be able to assist with other state or federal funding sources. For example, a county would
need to pledge its Community Development Block Grant (CDBG) funds for a project to receive
a HUD Section 108 loan guarantee.

Project Examples for Identifying and Applying for Funding and Technical Assistance

Federal Agencies Providing Technical Support for Applications through OSM Interns

Each federal agency has its own guidance on whether it can help applicants apply for funding. A
significant resource provided to several of the projects was a volunteer to help apply for a Brownfields
grant for assessment or cleanup. The Office of Surface Mining (OSM) Watershed Intern Program
helped coordinate interns at the following projects, with support provided by other agencies and
organizations, as indicated:

•	Southwest Virginia: One intern was supported by OSM and the Fish and Wildlife Service

•	San Juan County, Colorado: Two interns were supported by OSM, the Bureau of Land
Management, and the Mountain Studies Institute

Convening to Discuss Funding and Technical Assistance Opportunities:

Cranberry Creek Gateway Park Project

The Cranberry Creek Gateway Park project is a 360-acre site that is envisioned to result into a gateway
park featuring housing, commercial facilities, and recreational opportunities. This project will take
place in multiple phases (i.e., reclamation, redevelopment, sustained use). In May 2006, the project
team and a number of federal, state and local agency representatives held a convening in Hazleton,
Pennsylvania to discuss potential financial and technical assistance that would be applicable to the
project. Although exact redevelopment plans for the site were not identified at the time, the convening
provided an opportunity for federal, state and local representatives to begin a dialogue on ways they
can integrate their support in the future. The Cranberry Creek Financial and Technical Assistance
Plan (PDF, 879 K, 29pp) is a targeted strategy that describes how the project can optimize the
available mix of resources. It is based on preliminary research and interviews that were conducted and
the convening dialogue. The Plan includes: http://www.epa.gov/aml/revital/msl/pdfs/cranberrv.pdf

•	A timetable of financial and technical assistance

•	An overview of project specific activities and strategies

•	A matrix of federal, state and local programs for mine-scarred lands revitalization in
Pennsylvania

•	Funding examples

Resources Related to Identifying and Applying for Funding and Technical Assistance

Grants.gov

http ://www. grants, gov

Allows organizations to electronically find and apply for more than $400 billion in federal grants.

USDA Rural Information Center

http://www.nal.usda.gOv/ric/ruralres/funding.htm#GWR

This resource provides links to a range of funding opportunities and provides guidance on grant
writing.

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Office of Surface Mining

http://www.osmre.gov/grantsindex.htm

OSM offers a listing of agencies and organizations that may provide technical assistance or funding for
mine-scarred lands projects.

Appalachian Regional Council Online Resource Center http://www.arc.gov/index.do?nodeId=45
ARC provides resources for identifying funding opportunities for projects within the Appalachian
region.

Trout Unlimited Grassroots Guide

http://www.tu. org/site/apps/lk/content2.aspx?c=7dJEKTNuFmG&b=478363

A resource guide to assist communities in identifying mine-related problems, organizing communities,
and working to improve water quality and wildlife habitat.

Non-Profit Guides, Grant Writing Tool

http://www.npguides.org

This tool provides guidance on how to write a grant proposal.

The Vintondale, PA AMD&ART Project

http: //www, amdandart. or g/funder s. html

This project is a model of a project that was creative in identifying resources and was
range of resources from federal, state, foundation and non-profit resources.

OSM/VISTA Program

http://accwt.org

This site provides information about the Office of Surface Mining VISTA Watershed
known as the Appalachian Coal Country Watershed Team. This program can provide
volunteer to mine-scarred land watersheds for up to three years.

OSM Intern Program

http://www.osmre.gov/acsi/internindex.htm
This site provides an index to applications and sponsorship information for individuals interested in the
Office of Surface Mining's Watershed Intern Program

EPA 2005 Brownfields Federal Programs Guide

http://www.epa.gov/brownfields/partners/bf_fed_pr_gd.htm

This document provides funding information for numerous federal agencies and programs related to
cleanup and redevelopment projects.

EPA, SMARTe

http://www.smarte.org/smarte/home/index.xml

able to obtain a

Team, also
a VISTA

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Federal Programs

Federal funding sources cover a broad scope of activities associated with mine revitalization. Some
provide planning support, while others can be used for assessment, cleanup, infrastructure
development or recreational development.

The Catalog of Federal Domestic Assistance provides access to a database of all federal assistance
programs available. It includes grants, loans and technical assistance such as training. You cannot
apply for an assistance program through this Web site, but instead must contact the office that
administers the program and find out how to apply, http://12.46.245.173/cfda/cfda.html

The six Demonstration Projects highlight a range of resources that are described within tables on the
Tool Kit Web site. These tables include resources for:

http://punixl.sradev.com/oerrpage/web/superfund/programs/aml/revital/msl/programs.htm

• Planning

• Assessment

• Reclamation

• Remediation

• Building Construction

• Infrastructure

• Recreation and Greenspace

State Programs

States have a range of resources that can be used for mine-scarred lands revitalization. Although state
programs vary, almost every state has a Brownfields program and infrastructure programs. Information
about programs is generally available on state Web sites. Another helpful resource is EPA '.s State of
the State Report, http://www.epa. gov/brownfields/pubs/st_res_prog_report.htm

Tax Incentives

Tax incentives vary greatly in their amount, sponsoring organization or agency, and uses. Additionally,
they vary according to the mining community's location. Some example of tax incentives include:

Tax Credits.

Federal or state tax credits reduce the amount of income tax owed.

Tax Abatements.

Cities or counties may agree to reduce taxes owed or exempt property owners from paying taxes for a
period of time.

Forgiveness of Back Taxes.

Cities or counties may agree to waive back taxes on contaminated properties in hopes of spurring
revitalization efforts.

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Enterprise Zones/Enterprise Communities/Renewal Communities.

Cities, counties or states may have Enterprise Zones/Enterprise Communities/Renewal Communities
that offer tax advantages or incentives to businesses locating in the zone boundaries.

Tax-Increment Financing (TIF) Districts.

Cities create TIF Districts to make public improvements within those districts that will generate
private-sector development. During the development period, the current tax rate for a certain number
of years is frozen but taxes derived from increases in property assessment values after the
redevelopment occurs either go into a special bond fund or are used for future growth in the district.

Private Sector Tools

The private sector is beginning to recognize the advantages of investing the revitalization of former
mines. The following resources may be possible for specific projects:

Community Reinvestment Act (CRA)

The Community Reinvestment Act was enacted to encourage federally-insured lending institutions to
meet the credit needs of their communities, including low- and moderate-income neighborhoods.
Brownfields stakeholders applying for private financing may want to contact their lending institution
to determine if CRA loans are possible. The EPA Community Reinvestment Act Web site provides
more information, http://www.epa. gov/brownfields/other_bf_related_laws.htm#cra

New Markets Tax Credits (NMTC) Program

The NMTC Program is a development tool designed to stimulate the economies of low-income
communities. Each year, the U.S. Department of Treasury allocates a certain amount of tax credits to
qualified Community Development Entities (CDEs). These CDEs secure investors to make
investments in low-income communities, including brownfields redevelopment projects. Mining
communities may want to identify CDEs in their community and educate them about the revitalization
project. This many encourage the CDEs to invest in the project. The Brownfields Solution Series:
New Markets Tax Credit Program (PDF, 189 K, 4pp) provides more information.
http://www.epa.gov/swerosps/bf/pubs/nmtxcr_0605.pdf

Environmental Insurance

Environmental insurance is a growing private sector tool used to transfer risks related to contaminated
land from project stakeholders to an insurance company. Insurance can be purchased for a variety of
uses such as cleanup cost overruns (i.e., the cleanup ends up costing more than projected) and third
party claims. Though environmental insurance can be very expensive, it can also be a helpful tool in
ensuring investors, developers and other partners are comfortable moving forward with the
revitalization project. The EPA Environmental Insurance Web site provides more information.
http ://www. epa. gov/brownfields/insurebf. htm

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Private Developers

Private developers are becoming more interested in cleaning up and redeveloping contaminated
properties because they often present a greater return on their investment. In rural areas, it is
sometimes difficult to engage developers because the land value tends to be lower than urban areas. In
order to engage developers, it may be necessary for the community to provide benefits such as
infrastructure development, low property price and tax incentives.

Non-Profit Organizations

Among the six Demonstration Projects, non-profit organizations have been instrumental in completing
project activities. The following support was provided:

The Canaan Valley Institute provided facilitation support and strategic planning support to the Kelly's
Creek Communities Association. The Institute supports local efforts in stream restoration and
decentralized wastewater treatment throughout the Mid-Atlantic Highlands of Maryland, Pennsylvania,
Virginia and West Virginia. Services may include group facilitation and project planning, fundraising
and grant writing, applied research, mapping and remote sensing, watershed assessment and planning,
project design and management, and construction supervision, http://www.canaanvi.org/

The Keystone Center has provided facilitation support to the Snake River Watershed Task Force
(associated with the Pennsylvania Mine Project) for many years. They not only lead meetings, but also
coordinate partners, and motivate project activities, http://www.kevstone.org/

The Mountain Studies Institute supported the San Juan County Project by providing coordination
support for the community planning process, obtaining input from the community on recreational reuse
ideas and developing a concept plan that outlines reuse goals, associated project activities and potential
resources, http://www.mountainstudies.org/

Trout Unlimited provides coordination support to the Snake River Watershed Task Force, which is
associated with the Pennsylvania Mine Project. Trout Unlimited shares its experience in cleaning up
mines through the Trout Unlimited Grassroots Guide, a resource guide to assist communities in
identifying mine-related problems, organizing communities, and working to improve water quality and
wildlife habitat, http://www.tu.org;

http://www.tu.org/site/apps/lk/content2.aspx?c=7dJEKTNuFmG&b=478363

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