HD15 - Surface Mining Other than Coal

  • Published: 1968
  • Author: Virginia Advisory Legislative Council
  • Enabling Authority: House Joint Resolution 31 (Regular Session, 1966)

Executive Summary:

The 1964 General Assembly in House Joint Resolution No. 52 directed the Virginia Advisory Legislative Council to make a study of the problems associated with surface mining with a view to determining the need for laws requiring restoration of surface mined areas and to control surface mining operations in such a way as to minimize their harmful effects on the future use of mined areas. At the conclusion of its study, the VALC in its report recommended legislation requiring strip mining operators of coal to obtain a permit to engage in such operations and as a condition precedent to the issuance of such a permit, the operator was required to file a plan of reclamation for the strip mined areas to be approved by the Director of the Department of Conservation and Economic Development. A bond to guarantee the reclamation as proposed and approved was required. The 1966 General Assembly enacted this recommended legislation for coal strip mining operations in Chapter 15 of Title 45.1.

At the conclusion of its report to the 1966 General Assembly the Virginia Advisory Legislative Council stated as follows: "Because the study of surface coal mining operations was so extensive and necessitated considerable time, sufficient information could not be gathered on problems arising from stone quarries, gravel pits and surface mining operations other than coal. These forms of surface mining create separate problems which merit the undivided attention of the Council. A thorough examination of the mining practices and techniques of these industries will be necessary before intelligent conclusions can be reached on what legislation, if any, is needed to solve soil erosion and siltation problems arising therefrom. Also included is the unnecessary destruction of the State's scenic beauty. Such a study will be quite an extensive one and we believe should be undertaken immediately."

Following this recommendation, the 1966 General Assembly adopted House Joint Resolution No. 31.

The Council selected Samuel E. Pope, Drewryville, member of the House of Delegates and of the Council, to be Chairman of the Committee to make the initial study and report to the Council. The following were selected by Mr. Pope to serve as members of the Committee for this purpose: D. Woodrow Bird, member of the Senate of Virginia, Bland; Samuel D. Broadhurst, Industrial Development, Norfolk and Western Railway Company, Roanoke; Russell M. Carneal, member of the House of Delegates, Williamsburg; J. V. Clarke, Director of Operations, State Department of Highways, Richmond; George W. Dean, State Forester, Charlottesville; Lyman C. Harrell, Jr., member of the House of Delegates, Emporia; Thomas C. Johnstone, executive, Krauser Company, Arlington; Lawrence D. Langley, Chesapeake and Potomac Telephone Company, Arlington; C. S. Luck, III, President, Luck Quarries, Richmond; and W. A. Pennington, member of the House of Delegates, Buckingham.

At the organizational meeting of the Committee, Senator D. Woodrow Bird was elected Vice-Chairman. G. M. Lapsley and Frank R. Dunham served as Secretary and Recording Secretary, respectively, to the Committee.

The Committee made a thorough study of all surface mining activities other than coal strip mining throughout the State including on-site inspections of mines located in the Richmond area and from Roanoke to Pulaski. These inspections were held at the time of and in conjunction with public hearings in Richmond and Pulaski. Several surface mining operators, including a representative of the Virginia Association of Crushed Stone, Gravel and Sand Producers, Inc. and a representative of the Virginia Brick Association, Inc. appeared and gave the Committee an insight into the status of operation of surface mines in the Commonwealth.