For example,  operators must identify the area to be permitted, provide technical  descriptions of how mining operations will be conducted, and describe  how the land will be reclaimed. Similarly, the acres associated with  open permits are sometimes referred to as “acres under open permit” or  “open acres.” If a permit is closed because the bond associated with it was  completely released, the permit is referred to as a “released permit,” and  the acres associated with the released permit are sometimes referred to as  “released acres.” If the permit is closed because the bond was forfeited,  the permit is referred to as a “forfeited permit,” and the acres associated  with the permit are sometimes referred to as “forfeited acres.”

	Characteristics of Surface Coal Mining in Mountainous Areas in Kentucky and West Virginia

Based on data provided to us by Kentucky and West Virginia, we are  reporting on three characteristics in surface mining in the mountainous  areas of these two states. The average annual growth rate from January 1990 through July  2008 was about 2.2 percent in Kentucky and 1.7 percent in West Virginia. Fourth, nearly half of the permitted acres in West Virginia are  concentrated in 28 contiguously permitted areas. Mining in Kentucky and West Virginia Has Become More Geographically Concentrated

According to the two states’ databases, mining activity in the mountainous  areas of Kentucky is concentrated in the southeastern part of the state,  while mining in West Virginia is concentrated in the southwestern part of  the state. The length of time these permits  were open ranged from less than 1 year to more than 18 years and  averaged about 7-1/2 years. Characteristics of Reclaimed Lands That Were Disturbed by Surface Coal Mining in Mountainous Areas of Kentucky and West Virginia

In summary, the states’ data for permits issued from January 2000 through  July 2008 provides information on three important characteristics of land  reclaimed after being disturbed by surface mining: the approved post- mining land use (PMLU), the extent to which the land is restored to its  original contour, and the number and size of fills created from excess  spoil. First, fish and wildlife habitat and forestland were the most common  types of PMLU approved in Kentucky and West Virginia, respectively. Most of the AOC variances granted were “remining”  variances, meaning that the variance was granted because the land had  been previously mined but not reclaimed, leaving insufficient spoil to  restore AOC. Finally, Kentucky and West Virginia collectively approved  nearly 2,000 fills to be placed in nearby valleys and hollows, with a storage  volume of at least 4.85 billion cubic yards of excess spoil, on permits  issued from January 2000 through July 2008. Figure 16 shows these data, including the number of permits that  did not identify a pre-mining land use type. Most Operations Are Required to Recl aim the Land to AOC, but There Are Exceptions

SMCRA generally requires surface-mined land to be reclaimed to AOC. The  agencies generally agreed with our findings. This  report focuses on surface coal mining in the mountainous areas of  Appalachia—often referred to as mountaintop mining—because of the  controversy that mountaintop mining generates. GAO Comments

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Why GAO Did This Study

Surface coal mining in the mountainous areas of Appalachia--often called "mountaintop mining"--generates controversy, in part because of its scale and the post-mining appearance of the land. Yet there is limited public access to information on the size, location, and life span of these operations, or on how the land can be expected to look afterward. The Government Accountability Office (GAO) was asked to report on the characteristics of (1) surface coal mining and (2) reclaimed lands that were disturbed by surface coal mining in the mountainous, eastern part of Kentucky and in West Virginia, where most such mining occurs. Federal and state law requires mining operators to obtain permits before mining. Among other things, the permits identify the acres under open permit (the acres subject to mining associated with a permit that has not been closed) and how the land will be reclaimed--including the post-mining land use, whether the approximate original contour (AOC) of the land will be restored, and the extent to which excess earth, rock, and other materials (known as "spoil") are placed in nearby valleys. For this study, GAO relied on electronic databases of mining permits maintained by Kentucky and West Virginia. This report makes no recommendations. In commenting on a draft of this report, the Department of the Interior and the two state mining agencies generally agreed with our findings

What GAO Found

Surface coal mining in Kentucky and West Virginia had the following important characteristics, based on permits issued from January 1990 through July 2008: (1) The number of acres under open permit increased by an average annual rate of 2.2 percent in Kentucky and 1.7 percent in West Virginia; (2) the number of acres under open permit became more geographically concentrated; (3) the length of time that permits were open varied from less than a year to more than 18 years; (4) in West Virginia, 28 contiguously permitted areas contained nearly half of the permitted acres, as of July 2008. Reclaimed lands had the following important characteristics, based on permits issued from January 2000 through July 2008: (1) The most common type of post-mining land use in Kentucky was fish and wildlife habitat and, in West Virginia, it was forestlandl; (2) most permits required operators to reclaim the land to AOC, but there were some exceptions (called variances). Most of the variances were for lands where there was insufficient spoil to restore AOC because the land had been previously mined but not reclaimed; (3) Kentucky and West Virginia collectively approved nearly 2,000 fills to store at least 4.9 billion cubic yards of excess spoil in nearby valleys.