SD10 - Surface Mining of Minerals Other Than Coal

  • Published: 1974
  • Author: Virginia Advisory Legislative Council
  • Enabling Authority: Senate Joint Resolution 78 (Regular Session, 1973)

Executive Summary:

In 1966 the General Assembly of Virginia adopted House Joint Resolution Number 31, which directed the Virginia Advisory Legislative Council to "study all forms of surface mining other than strip coal mining, with a view to determining the need for laws requiring restoration of mined areas and control of mining operations in such a way as to minimize their harmful effects on the future use of such areas." As a result of the Council's report to the 1968 Session of the General Assembly, comprehensive legislation was enacted dealing with the surface mining of minerals other than coal.

At its 1973 Session, the General Assembly directed the Virginia Advisory Legislative Council to undertake a further study of surface mining of minerals other than coal, because "lands which were mined prior to the adoption of the legislation ... have not been reclaimed," and "for the benefit of future generations, it is deemed that the time has come for a reexamination of the laws regulating the surface mining of minerals other than coal and an examination of the ways and means of reclaiming the orphaned lands." Senate Joint Resolution Number 78, which directed this study, was introduced by Senators Dalton, Buchanan and Barnes.

Jerry H. Geisler, a member of the House of Delegates and of the Council, was selected as Chairman of the Committee to make the preliminary study and report to the Council. The following persons were selected to serve as members of the Committee: Claude W. Anderson, a member of the House of Delegates, Buckingham; L. Ray Ashworth, a member of the House of Delegates, Wakefield; George F. Barnes, a member of the Senate, Tazewell; John C. Buchanan, a member of the Senate, Wise; Clive L. Du Val, 2d, a member of the Senate, McLean; Walther B. Fidler, a member of the House of Delegates, Warsaw; Samuel Broadhurst, Roanoke; Mr. or Mrs. Hill Carter, Charles City County; Robert T. Dennis, Fairfax; Monroe W. Williamson, Falls Church; and Allen R. Potts, Norfolk. The Division of Legislative Services, represented by Robert B. Cousins, Jr. and Janet Miri, served as counsel and secretariat to the Committee.

The Committee was organized and elected Mr. Anderson as Vice-Chairman. At a subsequent meeting, the Committee heard testimony from representatives of the Department of Conservation and Economic Development, including William O. Roller of the Division of Mined Land Reclamation, Oliver Lineberg, also of the Division, and Adolf U. Honkala, a member of the Board of Conservation and Economic Development. The Committee also received valuable assistance from other personnel of the Department in the preparation of its report.

As a result of the deliberations and report by this Committee, the Council offers the following recommendations.

RECOMMENDATIONS

1. That the study directed by Senate Joint Resolution Number 78 of 1973 be continued for an additional year.

2. That legislation be enacted to increase the current bonding requirements of $50 per acre for mining of minerals other than coal to a scale of from $200 to $1,000 per acre, in the discretion of the Director of the Department of Conservation and Economic Development.

3. That legislation be enacted to transfer responsibility for the issuance of permits and the collection of fees for mining of minerals other than coal from the Division of Mines and Quarries of the Department of Labor and Industry to the Department of Conservation and Economic Development.