The Surface Mining Control and Reclamation Act (SMCRA) regulations require mining companies to have a reclamation plan in place prior to any mining activities occurring. Reclamation plans require the land be restored either to its Approximate Original Contour (AOC), or to a better or higher intended use.
The landowner and the mining company decide prior to mining what the post-mining land use will be. Should the decision be to restore the land to a better or higher intended use, the mining company must apply for an AOC Variance.
AOC Variance
An AOC Variance allows the mining company to reclaim the land in a manner other than what is normally required by the AOC determination. SMCRA limits the alternatives to:
“a higher and better use reclamation standard whereby the variance from AOC demonstrates significant public or economic benefit.”
Post Mining Land Use (PMLU)
The PMLU is defined as use of the land after mining and reclamation is complete and must be designated for all mined property before mining begins. The property must be reclaimed (shaped and replanted) to achieve the PMLU called for in the permit. Companies are required to post bonds to ensure that reclamation meets requirements outlined in the mining permit.
In the Surface Mining Control and Reclamation Act (SMCRA), Congress required that land be returned to AOC (Approximate Original Contour) in most instances. However, exceptions are provided when a community is in need of flat or gently rolling terrain for industrial, commercial, or residential uses, or for the development of public facilities such as airports, schools or hospitals.
Long-term benefits of mining
Mining can benefit society not only during mining operations but also long after mining operations are completed:
- During mining: by providing an important energy source, while paying taxes and providing high-paying jobs; and
- After mining: as an economic benefit to communities by providing improved land conditions for projects that otherwise might not be possible.