Mine-scarred lands are lands, associated waters, and surrounding watersheds where extraction, 

beneficiation, or processing of ores and minerals (including coal) has occurred. 

On January 11, 2002, President Bush signed into law the Small Business Liability Relief and Brownfields 

Revitalization Act (Public Law 107-118; H.R. 2869). The Brownfields Law expands the definition of 

brownfields to include mine-scarred lands, providing a new legal and financial tool for cleanup and 

revitalization of mining properties and communities (Section 101(39)(D)(ii)(III)). 

MINE-SCARRED LANDS OPPORTUNITIES 

This report provides an update of the Brownfields Federal 

Partnership Mine-Scarred Lands Initiative (MSL Initiative)—an 

interagency partnership designed to explore approaches to minescarred lands cleanup and community revitalization by supporting six 

Demonstration Projects. It is hoped that other mining communities will 

benefit from the experiences, lessons learned, and financial and technical 

resources identified through these projects.The six Demonstration 

Projects featured in this report are: Bullfrog Mine, Beatty, Nevada; 

Cranberry Creek Corridor, Hazleton, Pennsylvania; Eureka Town Site, 

San Juan County, Colorado; Kelly’s Creek Watershed, Kanawha County, 

West Virginia; Pennsylvania Mine, Summit County, Colorado; and 

Stone Creek Tipple Site, Lee County,Virginia. 

The purpose of this report is to: 

• Document the unique challenges and opportunities for MSL reuse 

• Describe the MSL Initiative and its future activities 

• Provide a discussion of the objectives and accomplishments of each 

of the six Demonstration Projects 

As a centerpiece of American history and industrial expansion, our mining heritage has left a legacy of more than 500,000 

abandoned hard rock and coal mining sites throughout the United States. For impacted communities, these properties 

present revitalization opportunities since many sites are located on large, flat tracts of land, often in otherwise rugged 

landscapes.The cleanup and revitalization of mine-scarred lands creates positive environmental impacts such as cleaner 

water, healthier ecosystems, and increased safety for residents, and often involves economic development and historical 

restoration. 

1 

Although mining properties offer significant revitalization 

opportunities, there are a number of complicating 

factors associated with cleanup and reuse activities.These 

factors include regulatory complexities (a myriad of 

applicable laws), economic factors (resource management 

infrastructure and land ownership), and environmental, 

public health, and safety concerns (acid mine drainage and 

waste tailings).The perception of contamination, both 

locally and regionally, also inhibits the reuse of mining 

sites. However, as these issues are interconnected, there 

is an opportunity to develop an integrated approach to 

cleanup and revitalization. 

Abandoned coal-loading facilities are often close to transportation assets and 

residential communities 

Eureka township, one of the many communities which has been 

affected by mine-scarred lands 
• 

• 

• 

• 

THE MINE-SCARRED 

LANDS INITIATIVE 

WHY THE MSL INITIATIVE 

WAS CREATED 

Across the country, communities are working to clean 

up and revitalize mine-scarred lands.With the passage 

of the Brownfields Law, the federal partners recognized 

the opportunity to better coordinate their support to 

these communities. Mine-scarred lands cleanup and reuse 

projects differ from traditional urban brownfields; the 

MSL initiative formed to develop tools and strategies to 

meet these unique challenges. 

The federal partners decided to work with local 

communities on six Demonstration Projects.These 

projects represent the variety and scale of challenges 

shared by mining communities across the country, which 

include, but are not limited to: coordinating cleanup 

and revitalization funding; expanding infrastructure for 

development; addressing mixed ownership of lands; 

coordinating multi-stakeholder revitalization 

efforts; addressing complex liability issues; 

and identifying feasible economic development options to 

replace mining. 

Mission of the MSL Initiative 

To foster the cleanup and sustainable revitalization 

of mine-scarred lands and affected communities. 

Goals of the MSL Initiative 

Develop a collaborative, integrated approach 

among federal partners 

Select MSL Demonstration Projects 

Identify and coordinate federal resources 

Facilitate information exchange and replication 

of successful approaches 

MSL Initiative Federal Partners 

Appalachian Regional Commission 

U.S. Army Corps of Engineers 

U.S. Department of Agriculture 

U.S. Department of Housing and Urban Development 

U.S. Department of the Interior 

U.S. Environmental Protection Agency 

MSL INITIATIVE’S COLLABORATIVE AND COMMUNITY ORIENTED APPROACH 

A key factor of the MSL Initiative’s success is that the partners have worked collaboratively throughout the process.After 

project selection, the group gathered information by visiting community members and other stakeholders to learn more 

about their reuse visions, background of revitalization activities, and specific challenges. By asking for local input at the 

beginning of the process, the federal partners more accurately understood each community’s challenges and identified 

specific opportunities for federal support. 

As the projects have transitioned from 

learning about communities’ challenges 

to providing direct support, the federal 

partners continue to work with local, 

regional, and state stakeholders. By 

building partnerships that include 

stakeholders with varying expertise 

(e.g., local understanding, technical, and 

economic expertise), the federal partners 

are engaging in discussions on complex 

challenges that local communities are 

facing.These partnerships will continue 

to be a key driver in developing workable 

solutions and models for mining 

communities across the country. 

Acid mine drainage remediation using a passive treatment system 2 
• 

• 

Beatty,Nevada

This project illustrates how developing diverse partnerships 

can support innovative and sustainable reuse opportunities. 

Beatty,Nevada 

can support innovative and sustainable reuse opportunities.

BULLFROG MINE BULLFROG MIN ULLFROG MINE

3 

REUSE OPPORTUNITIES IN BEATTY 

Beatty, Nevada is a small community surrounded by 

approximately 10,000 acres of federal Bureau of Land 

Management (BLM) land that is located 110 miles 

northwest of LasVegas and eight miles east of DeathValley 

National Park. During its 100-year history, the economic 

livelihood of the town has relied upon the cyclical nature 

of the mining, railroad, and federal industries.The most 

recent gold mining operations ended in 1999 at the 

Bullfrog Mine. Barrick Gold, Inc., the former owner of 

the mine, transferred two mining properties (67-acres 

and 14-acres) for reuse to Beatty in June 2005. Since the 

majority of usable land in the area is federally-owned, this 

land acquisition provides a unique economic opportunity. 

Reuse ideas that have been considered include: renewable 

energy production (e.g. wind and solar); tourism; 

residential; light and clean manufacturing; warehousing; 

an industrial park; and automotive testing. 

Community Overview

Beatty Area 

Population 1,200 

Area 175 sq. mi. 

Unemployment Rate 4% 

98% of land in Nye County is federally-owned. 

*Demographic information is approximated 

PARTNERSHIPS LEAD TO 

RENEWABLE ENERGY 

POSSIBILITIES 

Given the region’s high concentrations of natural solar 

and wind power, renewable energy production has 

emerged as a primary potential reuse option for this 

former mining area.The Nevada Energy Office has 

provided significant leadership in convening energyrelated stakeholders (e.g., Nevada Energy Task Force, 

KEY CHALLENGES AND STRATEGIES AT-A-GLANCE 

Limited available land: By building a partnership with Barrick Gold, the Town of Beatty was able to 

acquire 81 acres of land for reuse. 

Collaborative partnering for the planning of a renewable energy project: Through its diverse 

partnerships, the Beatty community has received commitments from key partners to plan for the 

development of renewable energy production. 
• 

• 

• 

• 

• 

• 

the Department of Energy (DOE), BLM, research labs 

and utilities) to research opportunities related to solar, 

wind, and geothermal resources.With assistance from the 

MSL Initiative, stakeholders gathered for an Information 

Exchange Forum in July 2005 to share information about 

renewable energy possibilities in Beatty, discuss issues and 

opportunities, and develop a plan for moving forward. 

Previous studies show that the Beatty area has solar energy 

potential that ranks among the highest in the United 

States and has potential for wind power generation. 

Additionally, Nevada offers a government and business 

climate that supports renewable energy. Existing policies 

include a property tax exemption favoring developments 

that utilize renewable energy, a green pricing program, 

and renewable energy legislation that calls for 15 percent 

of total electricity to be renewable by 2013. Furthermore, 

$4 million per year has been earmarked for renewable 

energy research at Nevada universities.The feasibility 

and economic benefits of renewable energy development 

in Beatty need further research, including analysis of 

energy potential, transmission possibilities, management 

options, and incentives. Feasibility research will include 

possibilities on the 81 acres of Beatty properties, 

surrounding BLM lands, and other Barrick Gold mining 

properties.At the Information Exchange Forum, 

stakeholders expressed their commitment to the project 

and outlined a general plan for moving forward that will 

be more clearly outlined in the coming months. 

MOVING FORWARD 

With the acquisition of the mining properties and targeted 

federal and state assistance, Beatty plans to take advantage 

of its location by creating an economic development plan 

that recognizes and builds upon its natural assets as well 

as other economic influences in the area.The renewable 

energy concept has enabled Beatty to work closely with 

regional, state, and federal partners, and will serve as 

a basis for collaborative land recycling and economic 

development planning in the future.This Demonstration 

Project will serve as a model on how to coordinate 

partnerships at all levels to develop a creative, sustainable 

reuse that meets all parties’ interests. 

MSL INITIATIVE PROJECT CONTACT 

Steve Simanonok, EPA Region 9 

(415) 972-3249 

simanonok.steve@epa.gov 

Aerial view of the Bullfrog Mine 

RESOURCES 

The following resources have supported mine-scarred 

lands revitalization efforts: 

• 	 U.S. Department of Energy: Provided support in 

convening energy-related stakeholders to discuss 

feasibility of renewable energy production. 

• 	 U.S. Environmental Protection Agency: Interviewed local 

stakeholders, identifying potential reuse options and 

federal assistance.Worked with Beatty to engage 

stakeholders interested in renewable energy production 

opportunities, facilitate planning meetings, and provide 

collaborative coordination support. 

• 	 U.S. EPA Brownfields Assessment Grant ($650,000): 

Awarded Nye County three Brownfields Assessment 

grants and a greenspace grant (in 2002 and 2005) 

to target and assess brownfields in towns across the 

county.The county used a portion of these EPA funds 

to perform due diligence of the Barrick parcels being 

transferred to the town of Beatty for economic 

 development. 

Critical Stakeholders 

• Beatty Economic Development Council 

• Barrick Gold, Inc. 

• Nye County 

• Nevada Energy Offi ce 

• Nevada Energy Task Force


Nevada Division of Minerals and Mines


• Utility companies


Desert Research Institute


National Renewable Energy Labs


U.S. Department of Energy 

U.S. Department of the Interior,


Bureau of Land Management


U.S. Department of the Interior,


Office of Surface Mining


• U.S. Environmental Protection Agency 

4 
Hazleton, Pennsylvania 

This project illustrates the challenge of integrating cleanup, compaction,

infrastructure, and other site development activities. It also illustrates the 

importance of coordinating citizen engagement.

• 

• 

Hazleton,Pennsylvania 

This project illustrates the challenge of integrating cleanup, compaction, 

infrastructure, and other site development activities. It also illustrates the 

importance of coordinating citizen engagement. 

CRANBERRY CREEK 

CORRIDOR 

Community Overview

Hazleton Area 

Population 55,000 

Area 6 sq. mi. 

Unemployment Rate 7% 

*Demographic information is approximated 

KEY CHALLENGES AND STRATEGIES AT-A-GLANCE 

In addition to cleanup and reclamation, mine-scarred lands often require soil compaction to support 

redevelopment projects: The MSL Working Group partners are identifying potential local, state, and 

federal funding programs that can be tailored to address the full life cycle from mine-scarred land 

reclamation through reuse. 

Limited community engagement in reclamation and redevelopment process: A community 

engagement strategy is under development. 

5 

CRANBERRY CREEK 

CORRIDOR

APPLYING ECONOMIC 

DEVELOPMENT EXPERTISE 

TO MINE-SCARRED LANDS 

REDEVELOPMENT 

Stakeholders in the Greater Hazleton area have developed 

new industrial and corporate parks, successfully reducing 

the economic dependence on the coal industry. CAN DO 

(Community Area New Development Organization), the 

area’s economic development driver, has brought new 

industry and jobs to the area for more than 50 years. 

However, the hundreds of acres of mine-scarred lands at 

the community gateway are a barrier to future economic 

success.The blight and perception of contamination 

deters potential investors and the development of new 

businesses.Though CAN DO has historically developed 

open space, it has recently realized the potential to 

reclaim the mine-scarred lands that plague the region in 

order to eliminate visual blight and productively reuse 

property. 

Recently, CAN DO purchased two mine-scarred lands 

properties at the community gateway, the Cranberry 

Creek Corridor and Harwood Innovations site.The 366-

acre Cranberry Creek Corridor is slated for a mixed-use 

center with commercial, residential, and recreational 

components.The 82-acre Harwood Innovations site will 

host a business incubator or an education center. 
• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

Critical Stakeholders 

CAN DO 

Hazleton Chamber of Commerce 

Luzerne County Community College 

Penn State Hazleton 

City of Hazleton 

Hazle Township 

Pennsylvania Department of Environmental 

Protection, Bureau of Mine Reclamation 

Pennsylvania Department of Community and 

Economic Development 

Appalachian Regional Commission 

U.S. Department of the Interior, 

Office of Surface Mining 

U.S. Economic Development Administration 

U.S. Environmental Protection Agency 

6 

SITE DEVELOPMENT CHALLENGES 

CAN DO stakeholders are exploring innovative 

approaches to site compaction. Current funding sources 

can be used for filling the land so that it can be used for 

greenspace. However, this funding does not support 

compacting the land to ensure that it is stable enough 

to support the weight of redevelopment construction 

projects. Because compaction is such an expensive 

process, and CAN DO has had difficulty identifying 

sources that fund compaction, the remediation and 

redevelopment process has been slowed. 

To help CAN DO address the compaction issues, the 

MSL Initiative partners are exploring the possibilities 

and restrictions of local, state, and federal funding 

programs, as well as private sector tools. A network of 

specific technical and financial programs, contacts, and 

resources will be established to help CAN DO and its 

local government partners develop a funding plan for the 

Cranberry Creek Corridor Project. 

ENGAGING THE COMMUNITY 

The proposed mixed-use development on the 

Cranberry Creek Corridor property will provide a 

number of community benefits such as entertainment 

venues and athletic fields. CAN DO has limited 

experience in conducting community engagement 

activities required by such projects.Therefore, the 

MSL Initiative is providing support to help CAN DO 

design a collaborative community engagement strategy 

that informs stakeholders on contamination issues and 

invites community members to join in the visioning and 

redevelopment process. 

MSL INITIATIVE PROJECT CONTACT 

Kristeen Gaffney, EPA Region 3 

(215) 814-2092 

gaffney.kristeen@epa.gov 

MOVING FORWARD 

With its expertise in economic development initiatives, 

CAN DO is well suited to undertake mine-scarred 

lands revitalization projects. Although the cleanup and 

redevelopment of mine-scarred lands presents new 

funding and community engagement challenges, CAN 

DO has outlined a plan for moving forward.This project 

will serve as a model for communities across the county 

on how to develop a funding plan and engage community 

stakeholders. 

RESOURCES 

The following resources have supported mine-scarred 

lands revitalization efforts: 

• Appalachian Regional Commission: Provided support to 

identify funding sources tailored to address the full 

cleanup and reuse life cycle and develop a community 

engagement plan. 

• U.S. Environmental Protection Agency: Interviewed local 

stakeholders, identifying potential reuse options and 

federal assistance. 

Artist’s rendition of the Cranberry Creek Corridor Redevelopment Project 

©Quad 3 Group 
• 

• 

EUREKA TOWN SITE 

San Juan County, Colorado

This project demonstrates the challenges of achieving a 

win-win solution in mixed ownership situations. 

EUREKA TOWN SITE

San Juan County, Colorado

This project demonstrates the challenges of achieving a 

win-win solution in mixed ownership situations.

EUREKA TOWN SITE REUSE 

OPPORTUNITIES 

The 180-acre Eureka Town Site is one of the few flat 

areas in mountainous San Juan County that lends itself to 

development, though the lands are partially contaminated 

by mill tailings and have mixed ownership. Public 

lands managed by the Bureau of Land Management 

(BLM) co-exist with lands owned by San Juan County 

and Sunnyside Gold Corporation (Sunnyside) in a 

checkerboard pattern (i.e., the lands are not contiguous 

to one another). A three-party land trade is underway 

that will promote the reuse goals for the area.This land 

7 

KEY CHALLENGES AND STRATEGIES AT-A-GLANCE 

Matching cleanup and reuse with community-based interests: The Animas River Stakeholders 

Group (ASRG) provides a forum to discuss diverse and sustainable reuse options. 

Mixed ownership of lands: A multi-party land trade is underway. 

Community Overview

San Juan County 

Population 600 

Area 400 sq. mi. 

Unemployment Rate 14% 

There is only one active town in the county and 

26 ghost towns. 

*Demographic information is approximated 

trade will support the community’s efforts to: document 

history by preserving what is left of the ghost town; 

develop camping facilities to attract tourists; create gravel 

harvesting to supply infrastructure needs; and restore the 

natural functions of the floodplain. 

INITIAL RECLAMATION SUCCESS 

The key driver for revitalization efforts in the community 

is the Animas River Stakeholders Group (ARSG). ARSG is 

a collaboration of community and mining representatives, 

citizen interest groups, and state and federal agencies 

that focus on cleanup options of the Animas River in 

a community and watershed risk-based approach.The 

stakeholders provide input on the cleanup strategy and 

water quality standards applied to the reclamation of 

mines in the watershed.The group formed in 1994 

in response to the ColoradoWater Quality Control 

Division’s reevaluation and upgrading of standards and 

classifications for segments of the upper Animas River 

watershed. An EPA proposal, that suggested the entire 

upper watershed be designated a Superfund site, was 

another impetus for forming ARSG.Through a series of 

informal negotiations and discussions, EPA agreed not to 

take any formal Superfund action as long as reclamation is 

in progress. 
• 

• 

• 

• 

• 

8 

Critical Stakeholders 

Animas River Stakeholder Group 

San Juan County 

Sunnyside Gold Corporation 

U.S. Department of the Interior, 

Bureau of Land Management 

U.S. Environmental Protection Agency 

The formation of ARSG has enabled the community to 

participate in a collaborative decision making process at 

both the state and federal levels. ARSG has characterized 

remediation efforts on the upper Animas River watershed 

and will continue to provide a public review forum 

for Eureka stakeholders to explore the opportunities 

presented by reclamation and redevelopment of area 

mine-scarred lands. Group members have obtained more 

than $29 million for watershed assessment and mine 

reclamation, and the watershed has begun to respond in 

improved downstream fisheries. 

Sunnyside reclaimed several historical and permitted 

mining sites, including removal of some mill tailings 

from the Eureka Town Site. The mill tailings were not 

generated by the company, yet it assumed responsibility 

for portions of the cleanup. Sunnyside has spent 

approximately $12 million in the watershed. However, 

some mill tailings remain on the surface in the Eureka 

Town Site.To redevelop this site, the remaining mill 

tailings must be cleaned up. 

REVITALIZATION CHALLENGES 

Though the community has made progress in cleaning up 

the watershed, the following challenges remain: 

• Cleanup Goal:There is the question of whether to 

remove all the mill tailings from the Town Site, only 

the surface tailings, or only those tailings negatively 

affecting the Animas River. 

• Land Reclamation: Finding a disposal area for 

hazardous mill tailings is complicated because there 

are few suitable locations in San Juan County, and 

there is the question of who will take long term 

responsibility for the mill tailings repository. 

• Complex Land Negotiations:While all parties 

involved in the proposed land trade wish to complete 

the trade, multi-party negotiations are moving slowly 

because of varied interests and potential liabilities. 

MSL INITIATIVE PROJECT CONTACT 

George Stone, BLM 

(202) 557-3573 

george_m_stone@blm.gov 

MOVING FORWARD 

The community has made significant characterization and 

remediation progress through the efforts of ARSG and 

Sunnyside Gold Corporation.The MSL Initiative partners 

will continue to work with local stakeholders as they 

develop a reuse vision and plan for moving forward. 

RESOURCES 

The following resources have supported mine-scarred 

lands revitalization efforts: 

• U.S. Environmental Protection Agency: Interviewed local 

stakeholders, identifying potential reuse options and 

federal assistance. 

Remains of the historic Eureka Mill 
Kanawha County, West Virginia

This project illustrates innovative approaches associated with:

development of wastewater infrastructure; remediation of coal acid 

mine drainage and collaboration with a private land owner to explore 

redevelopment of a large tract of previously mined land.

• 

• 

• 

Kanawha County,West Virginia

This project illustrates innovative approaches associated with: 

development of wastewater infrastructure; remediation of coal acid 

mine drainage and collaboration with a private land owner to explore 

redevelopment of a large tract of previously mined land. 

KELLY’S CREEK 

COLLABORATING WITH 

PRIVATE LAND OWNERS ON 

REDEVELOPMENT OPPORTUNITIES 

KCCA is focusing its efforts on working with private 

land owners to redevelop a portion of a 7,000-acre 

property (which includes previously mined lands) into 

residential housing.The Kelly’s Creek community is only 

20 miles southeast of Charleston, the state capital, and is 

a desirable location for a bedroom community. 

As a result of initial discussions led by the Office 

of Surface Mining (OSM), the property owners 

funded a preliminary land use study focused on 

residential redevelopment options.The MSL Initiative 

facilitated discussions between the private owners and 

community regarding development options, and outlined 

a comprehensive plan for concurrently addressing 

development initiatives, wastewater infrastructure, and 

AMD in an integrated way. A solution for each component 

needs to be considered in light of the entire project. 

KELLY’S CREEK ELLY’S CREEK

Community Overview

Kelly’s CreekWatershed 

Population 6,000 

Area 25 sq. mi. 

Unemployment Rate 11% 

The Kelly’s CreekWatershed encompasses seven 

communities within Kanawha County, including two 

that are incorporated. 

*Demographic information is approximated 

KEY CHALLENGES AND STRATEGIES AT-A-GLANCE 

Approximately 220 households do not have adequate wastewater treatment: A comprehensive plan 

has been created to address wastewater infrastructure, acid mine drainage, and development initiatives 

concurrently.The community has begun to engage related partners and to identify funding options. 

AMD and other mining contamination: Kelly’s Creek Communities Association (KCCA), the Office 

of Surface Mining (OSM) and the West Virginia Department of Environmental Protection (WVDEP) 

conducted research to determine critical discharge points. 

Most available land for development is privately-owned: A preliminary redevelopment study funded by 

private land owners was conducted in 2002 as a result of initial discussions led by OSM. Opportunities 

for expanded land use studies were identified in facilitated planning sessions. 

HIGHLIGHTING 

THE COMMUNITY DRIVER 

Along with Kanawha County, the Kelly’s Creek 

Communities Association (KCCA) has been the key 

driver for revitalization efforts in the area since 1999 

when it was created to “sustain, restore, and revitalize 

all that pertains to the watershed.” The group is focused 

on watershed cleanup efforts including the 

development of wastewater infrastructure and acid 

mine drainage (AMD) remediation. 

9 
• 

• 

• 

• 

• 

• 

• 

• 

• 

OVERCOMING 

WATER QUALITY CHALLENGES 

The Kelly’s Creek area has significant water quality 

challenges related to wastewater and mining 

contamination. 

• 	 Wastewater Infrastructure: Kelly’s Creek was 

once a community with 1,000 homes, small stores, 

and even an opera house.When the coal company left 

the area in the 1950s, the town soon declined.Today, 

approximately 220 households in Kelly’s Creek have 

inadequate public wastewater treatment. Straight-pipe 

domestic waste discharges and failing septic systems 

are prevalent, and water quality sampling has shown 

high fecal coli form values.A wastewater feasibility 

study funded by the Canaan Valley Institute in 2001 

provided critical information on cost estimates for 

several treatment options. Its findings show that the 

cost of a wastewater treatment system is prohibitively 

expensive, estimated between $3-5 million.The 

community has initiated wastewater planning with the 

county and adjacent communities that could expand 

their treatment centers to serve residents. 

• 	 Mining-Related Contamination: Kelly’s 

Creek has high levels of AMD and coal mine waste 

sedimentation in the creeks, as well as coal-waste 

piles from abandoned mines. KCCA, with support 

from OSM and West Virginia Department of 

Environmental Protection (WVDEP), conducted 

water monitoring of Kelly’s Creek to determine 

which tributaries are the most critical to remediate, 

the AMD discharge points, and who is responsible for 

associated costs. Remediation planning is underway. 

MOVING FORWARD 

Kelly’s Creek stakeholders understand that addressing 

wastewater infrastructure,AMD, and development 

initiatives is crucial to achieving their cleanup and 

revitalization goals.With the support of the MSL Initiative 

federal partners and other state and local partners, they 

will continue to move forward with the comprehensive 

plan.This project will serve as a model for communities 

across the county on how to work collaboratively 

with private land owners, develop infrastructure, and 

remediate AMD by engaging and coordinating a network 

of partners. 

MSL INITIATIVE PROJECT CONTACTS 

Allan Comp, OSM, (202) 208-2836 

TCOMP@osmre.gov 

Andrew Kreider, EPA Region 3, (215) 814-3301 

kreider.andrew@epa.gov 

KCCA advisory board meeting 

RESOURCES 

The following resources have supported mine-scarred 

lands revitalization efforts: 

• 	 Regional Intergovernmental Council: Provided technical 

support to develop grant applications and request 

for proposals for wastewater treatment and AMD 

remediation initiatives. 

• 	 Canaan Valley Institute: Researched wastewater 

 treatment alternatives. 

• 	 West Virginia Department of Environmental 

Protection: Researched acid mine drainage sources. 

• 	 Appalachian Regional Commission:Worked with KCCA 

to develop a strategy that addresses wastewater 

treatment planning, land use planning, and AMD 

activities. 

• 	 U.S. Department of the Interior, Office of Surface 

Mining: Researched acid mine drainage sources and 

committed three full-time OSM VISTA (Volunteers In 

Service To America) to KCCA over the past several 

years. 

• 	 U.S. Environmental Protection Agency: Interviewed local 

stakeholders, identifying potential reuse options and 

federal assistance. 

• 	 U.S. EPA Brownfields Assessment Grant ($200,000): EPA 

awarded Kanawha County,WV this grant in 2002 to 

target and assess brownfields properties in the Kelly’s 

Creek Watershed. 

Critical Stakeholders 

Kelly’s Creek Communities Association 

Kanawha County 

Private landowners 

Public Service Districts 

Regional Intergovernmental Council 

West Virginia Department of 

 Environmental Protection 

Appalachian Regional Commission 

U.S. Department of the Interior,


 Office of Surface Mining


U.S. Environmental Protection Agency 

10 
• 

Summit County,Colorado

This project illustrates how mining-related cleanup and reuse issues 

associated with CERCLA and CWA liability are being explored to 

achieve innovative solutions. 

PENNSYLVANIA 

MINE 

PENNSYLVANIA ENNSYLVANIA

MINE

11

Community Overview

Summit County 

Population 25,000 

Area 600 sq. mi. 

Unemployment Rate 4% 

*Demographic information is approximated 

CHALLENGES AND STRATEGIES AT-A-GLANCE 

Liability issues associated with the CleanWater Act (CWA) and the Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA): The Snake RiverWatershedTask Force (SRWTF) explored 

innovative solutions and conducted related environmental studies.The MSL Initiative partners have engaged 

key federal representatives and are working with the SRWTF to outline a facilitated, collaborative process to 

address liability issues. 

BACKGROUND OF SUMMIT COUNTY 

Summit County is known for its variety of outdoor 

recreational opportunities such as skiing, hiking, biking, 

and fishing.The ski resorts in the area—Keystone, 

Arapahoe Basin (A-Basin), and Breckenridge—are among 

the region’s largest employers, and provide key sources 

of tax revenue.They are also among the region’s primary 

water users; the contamination of the Snake River 

Watershed presently limits snow making and increases 

operation costs. 

WATERSHED STAKEHOLDERS 

EXPLORE ENVIRONMENTAL 

SOLUTIONS 

The local champion for the watershed is the Snake 

RiverWatershedTask Force (SRWTF). Formed in 1999, 

the task force includes members of the local business 

community, representatives of state, local, and federal 

agencies, and other citizens concerned with the quality 

of the water in the watershed.The Keystone Center (a 

nonprofit not affiliated with the Keystone ski resort) 

facilitates and provides collaboration support for the 

SRWTF by bringing together stakeholders with an interest 

in the watershed. 

Studies suggest that a primary source of the metals 

and acid in the greater watershed is the draining adit 

(discharge point) of the Pennsylvania Mine. Acid mine 

drainage (AMD) flows from this adit at 30-100 gallons per 

minute directly into Peru Creek, resulting in conditions 

that are too acidic to sustain aquatic life.This single 

orphaned mine is also responsible for a substantial portion 

of the metals in the watershed. In 1998, both Peru Creek 

and the Snake River were placed on the CleanWater Act’s 

(CWA) Section 303(d) list of impaired waters due to the 

high concentration of zinc, copper, and other metals. 

By addressing environmental issues, local stakeholders 

hope to achieve the following revitalization objectives: 

• Delisting Peru Creek and Snake River from the CWA 

Section 303(d) list of impaired waters 

• Facilitating economic growth by improving water 

quality 

• Establishing a trailhead for the Continental Divide 

National Scenic Trail 

• Establishing a trout fishery 
• 

• 

• 

• 

• 

• 

• 

• 

12 

Critical Stakeholders 

Snake River Watershed Task Force 

Ski resorts 

Summit County 

Colorado Department of Public 

 Health and Environment 

U.S. Department of Agriculture, Forest Service 

U.S. Environmental Protection Agency 

U.S. Forest Service 

Environmental groups 

COMPLEX CWA AND CERCLA 

LIABILITY CHALLENGES 

Liability challenges and the significant cleanup costs 

continue to hamper revitalization efforts.The Clean 

Water Act (CWA) and the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA) 

pose liability concerns regarding water treatment, 

especially in light of long-term costs. Additionally, there 

are some issues regarding past and present land ownership 

of the Pennsylvania Mine that may need clarification.The 

challenges these laws pose are: 

• CWA:The CWA prohibits the discharge of pollutants 

into a broad range of waters unless the discharge is 

authorized by a permit. Such a permit would likely 

require treatment by any party that acquires land, 

and could potentially subject them to perpetual 

liability. Significantly, the law has a provision that 

allows individuals adversely affected by discharges 

of contaminated water to bring a citizen suit for 

violations. 

• CERCLA (Superfund): Past and current owners 

and operators of contaminated properties may be 

potentially responsible parties (PRP) and therefore 

may be subject to CERCLA liability for the cost or 

performance of a cleanup. 

Any proposed remediation solution for the Pennsylvania 

Mine must address legal requirements of federal and 

state laws, and local ordinances. Remediation may take 

between 20 and 50 years to ensure the water body does 

not return to the list of impaired waters, and treatment 

may last into perpetuity. 

COLLABORATIVE DECISIONMAKING PROCESS TO ADDRESS 

LIABILITY CHALLENGES 

Key federal and regional representatives critical to 

resolving liability issues are optimistic that an innovative 

solution to address liability issues can be developed 

through a facilitated decision-making process.The 

process will focus not only on achieving an agreement 

to addresses the cleanup of the mine and surrounding 

watershed, but also on putting mechanisms in place 

to ensure a clear delineation of roles, timeframes, and 

accountability, while leaving flexibility for future events. 

MSL INITIATIVE PROJECT CONTACT 

Blake Velde, USDA 

(202) 205-0906 

blake.velde@usda.gov 

MOVING FORWARD 

All partners support a facilitated decision-making process 

so that the community can achieve its revitalization 

objectives.The MSL Initiative will provide monetary 

support to initiate a process, which will include all 

affected parties. Ideally, this project will serve as a 

model for communities across the country on how to 

collaboratively coordinate partnerships and develop 

innovative solutions to environmental liability challenges. 

RESOURCES 

The following resources have supported mine-scarred 

lands revitalization efforts: 

• Keystone Center: Provides facilitation support to Snake 

River Watershed Task Force. 

• U.S. Environmental Protection Agency: Interviewed local 

stakeholders, identifying potential reuse options and 

federal assistance, and facilitated initial discussions 

with representatives that are critical to resolving 

liability issues. 

• U.S. EPA Brownfields Assessment Grant ($200,000): EPA 

awarded Summit County this grant in 2001 to target 

and assess brownfields properties. 

Metal deposits in Peru Creek 
• 

STONE CREE TONE CREEK ONE CREEK

Lee County,Virginia

This project seeks to establish a reuse example for abandoned coal loading 

facilities scattered throughout Appalachia. 

13 

Community Overview

Pennington Gap,VA 

Population 1,800 

Area 2 sq. mi. 

Unemployment Rate 3% 

*Demographic information is approximated 

KEY CHALLENGES AND STRATEGIES AT-A-GLANCE 

Lack of reuse examples for hundreds of abandoned coal tipple sites in Appalachian coalfields: 

Stakeholders have outlined a strategic plan for cleanup and reuse of the property; this will serve as 

an example for other tipple sites across the region. 

TIPPLE SITES ACROSS THE REGION 

The Stone CreekTipple site is one of approximately 70 

abandoned tipple sites in SouthwestVirginia. At tipple 

sites, coal is loaded for transportation to processing 

facilities. Abandoned sites can pose safety hazards from 

degraded physical structures and possible contamination. 

Because actual extraction does not occur at tipple sites 

themselves, they are not eligible for reclamation funding 

through the Abandoned Mine Land fund, a program set 

up under the Surface Mining Control and Reclamation 

Act (SMCRA). Abandoned tipple sites are typically well 

suited for redevelopment because they are relatively small 

(Stone CreekTipple site is 1.5 acres), flat, and located 

near transportation corridors and 

existing infrastructure. 

DEVELOPING AN OUTDOOR 

CLASSROOM THROUGH 

CLEANUP AND REUSE 

In cooperation with the Lee County School System, the 

Stone CreekTipple site will be redeveloped into an outdoor 

classroom where students will learn about public health and 

environmental issues related to mine-scarred lands. 

Local stakeholders focused on securing funding for all 

phases of cleanup and redevelopment.These efforts 

have been rewarded as funding for each phase of the 

project (e.g., assessment, property transfer, cleanup, 

and redevelopment) has been procured either 

through in-kind services or grant funding. Local 

stakeholders also developed a strategic reuse 

plan including the following steps: conducting 

the property assessment; facilitating property 

transfer; establishing education agreements; 

and designing, developing, and implementing 

a cleanup and reuse plan.The MSL Initiative partners 

helped the community outline these steps and will provide 

technical support throughout the process.To date, an EPA 

Targeted Brownfields Assessment has been initiated and 

stakeholders have made progress on the property transfer. 
• 

• 

• 

• 

• 

• 

• 

• 

• 

14 

Critical Stakeholders 

Daniel Boone Soil and Water 

Conservation District 

Lee County 

Virginia Department of Mines 

 Minerals and Energy 

Virginia Department of 

 Environmental Quality 

Virginia Department of Transportation 

Appalachian Regional Commission 

U.S. Department of the Interior, 

Fish and Wildlife Service 

U.S. Department of the Interior, 

Office of Surface Mining 

U.S. Environmental Protection Agency 

COMMUNITY-BASED VISIONING 

AND PLANNING PROCESS 

To ensure broad support for their revitalization efforts, 

local project leaders and the MSL Initiative partners 

invited community members and stakeholders from other 

successful mine-scarred lands redevelopment projects 

within the region to help establish a cleanup and reuse 

vision. Community meetings and open houses were held 

to share information on reuse options and funding sources 

with the broader community. 

MOVING FORWARD 

As local stakeholders, with the technical support provided 

by the MSL Initiative, complete each phase of the cleanup 

and redevelopment process, they are building their 

expertise.The success achieved at the Stone Creek Tipple 

site will act as an example of tipple site reuse that can be 

applied to tipple sites in Appalachia, as well as small minescarred land properties across the country. 

RESOURCES 

The following resources have supported mine-scarred 

lands revitalization efforts: 

• VA Department of Transportation: Committed to 

performing over 300 feet of stream bank restoration 

as part of its wetlands program. Stream bank erosion 

at the Stone Creek Tipple Site releases mining-related 

sediment into the surrounding creek adversely 

impacting the watershed’s ecology. 

• Appalachian Regional Commission: Provided technical 

contractor support for cleanup and reuse planning. 

• National Fish and Wildlife Foundation 5 Star Grant 

($10,000): Provided grant for the construction of the 

Outdoor Classroom and for a portion of the stream 

bank restoration. 

• U.S. Department of the Interior, Office of Surface Mining: 

Supporting an internship sponsored by the Upper 

Tennessee River Roundtable to develop a Brownfields 

Grant Application. If awarded, the grant would be 

used to assist in reuse of all tipple sites within four 

watersheds in the Stone Creek region. 

• U.S. Environmental Protection Agency: Interviewed local 

stakeholders, identifying potential reuse options and 

federal assistance. 

• EPA Region 3 Targeted Brownfields Assessment ($25,000): 

Committed to conduct a targeted brownfields 

assessment on the property. 

MSL INITIATIVE PROJECT CONTACT 

Eric Stockton, ARC 

(202) 884-7752 

estockton@arc.gov 

Deteriorating stream bank 
LOOKING AHEAD 

DEVELOPING STRATEGIES FOR SUCCESS 

Applying a collaborative approach, the MSL Initiative federal partners will continue to support the Demonstration Projects 

in building partnerships, identifying funding resources, and providing expertise in cleanup approaches and redevelopment 

strategies. Local leaders will build upon the foundational work of the MSL Initiative, the local resources they have developed 

(e.g., skills, knowledge, partnerships, funding), and the support of identified federal and state programs to further 

revitalization efforts. 

The MSL Initiative’s partners will use the Demonstration Projects as platforms for other reuse projects by developing models 

that can be applied to a range of challenges. For example, the Kelly’s Creek Demonstration Project will illustrate strategies 

associated with developing infrastructure and working with private land owners, while the Pennsylvania Mine Demonstration 

Project will demonstrate how to convene a range of stakeholders to resolve complex liability issues. 

LOOKING AHEAD

15 
RESOURCES FOR MINE-SCARRED 

LANDS COMMUNITIES 

To capture the lessons learned through the Demonstration 

Projects, the MSL Initiative partners will produce a toolkit that 

can be used by communities with associated mine-scarred lands 

challenges.The toolkit will include: 

• Demonstration Project Case Studies: Document the 

challenges faced, strategies used, and lessons learned. 

• Partnership Building Strategies: Illustrate how to build 

partnerships, engage stakeholders, and develop reuse 

visions. 

• MSL Technical Information: Review relevant federal and 

state laws, outline how laws impact local redevelopment 

efforts, highlight innovative technologies, identify possible 

economic development strategies, and list support options 

from the Brownfields Land Revitalization and Technology 

Technical Support Center. 

• MSL Financial Resources: Provide key information about 

federal funding opportunities and share ideas about how 

local stakeholders can creatively leverage support for 

projects. 

LESSONS OF COLLABORATION AND INNOVATION 

The initial successes of the Demonstration Projects illustrate that collaborative and innovative approaches to complex 

technical and economic challenges can effectively address mine-scarred lands cleanup and revitalization issues.The MSL 

federal partners and Demonstration Project community members will build on current partnerships to develop practical 

solutions and replicable models for other mining communities. An integral part of our history and community, mining 

continues to fuel our nation’s economic expansion. By learning from and building upon the approaches taken by the MSL 

Demonstration Projects, former and future mining lands and communities will be equipped with the tools and insights that 

benefit communities, the environment, and our economies. 

16 

Rocks stained by acid mine drainage 

Newly planted trees as part of a reclamation project 
BACKGROUND ON MSL CLEANUP AND REVITALIZATION 


Open mine pits and deteriorating structures create safety hazards 

Stakeholders face a number of considerations 

related to mine-scarred lands cleanup and 

revitalization. 

The key environmental, economic development 

and statutory considerations of relevance to 

mine-scarred lands cleanup and revitalization 

stakeholders are outlined below. 

ENVIRONMENTAL 

CONSIDERATIONS 

• 	 Acid Mine Drainage (AMD):Acidic water 

discharge with elevated metal content seeps 

into streams, degrading ecosystems and 

threatening public water supplies. 

• 	Stockpiled Waste Rock and Tailings:Wastes 

from mining operations are left behind in large gob piles or waste dumps, often contributing to metal loading in streams 

and rivers. 

• 	 Other Contamination: Chemicals from leaking containers left behind and contaminants involved in mining operations 

such as cyanide and arsenic, as well as PCBs from electrical transformers can seep into the groundwater and soil. 

• 	 Degraded Physical Structures: Open shafts, rotting support structures, equipment, electrical transformers, and open pits 

pose a safety threat. 

ECONOMIC DEVELOPMENT CONSIDERATIONS 

• 	 Insufficient Infrastructure: Rural mining communities often have complex runoff management issues and inadequate 

wastewater treatment and drinking water facilities. 

• 	 Complex Land Ownership: Large tracts of federally or privately-owned land constrain development possibilities. 

• 	 Resource Management Infrastructure: Coordination and integration are needed to identify and manage funding and 

other resources for redevelopment. Reuse planning and funding management require a blend of expertise and a 

multidisciplinary approach that is often not available in smaller communities. 

SOME APPLICABLE FEDERAL STATUTES 

• 	 Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law) – Authorizes funding to assess and 

clean up mine-scarred lands and provides certain liability clarifications. 

• 	 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – Provides funding for cleanups, 

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

• 	 Clean Water Act (CWA) – Regulates discharge of pollutants into navigable waters, including those associated with minescarred lands. 

• 	 Resource Conservation and Recovery Act (RCRA) – Governs the management of solid and hazardous waste, including 

those associated with mine-scarred lands. 

• 	 Surface Mining Control and Reclamation Act (SMCRA) – Created the Abandoned Mine Land (AML) Fund to pay for 

remediation associated with pre-1977 mining activities, and regulates current coal mining activity and reclamation. 

• 	 General Mining Law of 1872– Granted free access to prospect for minerals on public lands and allows for the purchase 

of these lands. 

17 
MSL INITIATIVE FEDERAL PARTNERS


Appalachian Regional Commission (ARC) 

Creates opportunities for self-sustaining economic 

development and provides technical support for the 

Appalachian region. 

Eric Stockton 

(202) 884-7752 

estockton@arc.gov 

U.S. Army Corps of Engineers (USACE) 

Provides engineering services to foster environmental 

protection and flood control and shares knowledge about 

watershed approaches. 

Jane Mergler 

(202) 761-0314 

jane.a.mergler@HQ02.USACE.Army.mil 

U.S. Department of Agriculture (USDA) 

Forest Service 

Provides support by coordinating cleanup of minescarred lands on National Forests that are adjacent 

to mine-scarred land communities. Also provides 

technical expertise in mine site cleanup and assistance 

through the State and Cooperative Forestry Program. 

Rural Development 

Provides extensive grant and loan programs 

for community development in small and rural 

communities including business, community 

infrastructure, utilities, and housing. 

Natural Resource Conservation Service 

Provides support to local Resource Conservation and 

Development corporations (RC&Ds) to accelerate 

the conservation, development, and utilization 

of natural resources, improve the general level of 

economic activity, and enhance the environment and 

standard of living in designated RC&D areas. These 

501(c )(3) organizations cover most of the United 

States and are supported by USDA employees. 

Departmental Administration 

Coordinates USDA support for brownfield 


communities.


Blake Velde


(202) 205-0906


Blake.Velde@usda.gov


U.S. Department of Housing 

and Urban Development (HUD) 

Provides grants to support community planning and 

development and creates affordable housing. 

Steve Rhodeside 

(202) 708-1322 x7375 

stephen_m_rhodeside@hud.gov 

U.S. Department of the Interior (DOI) 

Bureau of Land Management (BLM) 

Manages 261 million acres of land, primarily in 


the west, and sustains the health, diversity and 


productivity of the public lands for the use and 


enjoyment of present and future generations.


George Stone


(202) 557-3573


george_m_stone@blm.gov


Office of Surface Mining (OSM) 

Ensures coal mines are operated in a manner that 

protects citizens and the environment during mining 

and assures that the land is restored to beneficial use 

following mining, and to mitigate the effects of past 

mining by aggressively pursuing reclamation of 

abandoned coal mines. 

Allan Comp 

(202) 208-2836


tcomp@osmre.gov


Office of Environmental Policy 


and Compliance (OEPC)


Provides for a coordinated and unified approach and 

response to environmental issues that affect multiple 

DOI bureaus and acts as an advocate for programs 

that enable the bureaus to accomplish their missions 

in an efficient and effective manner. 

Ruth Lodder 

(202) 208-3302


ruth_lodder@ios.doi.gov


U.S. Environmental Protection Agency (EPA) 

Office of Brownfields Cleanup and 


Redevelopment (OBCR)


Provides funding for the assessment and cleanup of 

brownfields throughout the nation. 

Jennifer Bohman 

(202) 566-2771


bohman.jennifer@epa.gov


Conflict Prevention and Resolution Center 

(CPRC) 

Provides alternative dispute resolution and 


collaboration support and technical assistance in 


coordinating stakeholders.


Lee Scharf


(202) 564-5143


scharf.lee@epa.gov


Office of Superfund Remediation and


Technology Innovation (OSRTI)


Provides technical expertise on Superfund-related 


liability and technology needs.


Shahid Mahmud


(703) 603-8789


mahmud.shahid@epa.gov
 18