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By Connie Travers, Ann Maest, James Kuipers, David Atkins

The science of predicting future water quality at hardrock mine sites has been practiced for at least the past 30 years. As part of the National Environmental Policy Act (NEPA), mines and other industrial facilities in the United States on federal land are required to estimate impacts to the environment, including direct impacts to water quality and indirect impacts that are later in time but still reasonably foreseeable (Kempton and Atkins, 2000; Bolen, 2002). Facilities on private land in the United States may also be subjected to State or federal processes that may or may not require prediction of potential impacts to water resources. Other countries have followed a similar approach, largely based on the requirements of NEPA. A wide array of scientific approaches has been used to predict water quality that could result from construction, proposed expansion, or other action at an industrial facility. In this study, we review the methods and models used to predict water quality at hardrock mine sites, with an emphasis on uncertainties associated with these techniques. Because water quantity and quality are interrelated, methods and models used to predict water quantity will also be discussed, but the emphasis will be on how these methods relate to water quality. This study brings together technical information on water-quality predictions at mine sites in a single paper, and attempts to present a straight-forward approach to using and evaluating the results of the methods and models used to predict water quality at mine sites. Approaches developed primarily in the United States, Canada, and Australia and applied in these countries and in other parts of the world, especially in the last 10 years, are discussed, and the format of the study is geared toward use by regulators of hardrock mines. The approach and results of this study could also be used by environmental managers at mine sites and community groups, and allows for the creation of a checklist for prediction methodology used at mine sites.

Jan 1, 2005

By M. R. Fletcher

Slags generated by the ferrous-metals industry can be used to produce high-tech ceramic materials. The properties of these ceramics can be controlled by judicious choices of composition, additives, and processing parameters. Standard methods of materials handling, such as comminution and mixing, are as applicable to slag as to any other mineralogic raw material. In this study, foundry slag was ground, homogenized, melted and formed to produce a glass, and then heat treated to crystallize it into a high-strength glass-ceramic. The product shows promise as a low-cost wear-resistant tile material which can be custom cast. This and similar materials, made from slags and natural rocks, are candidates for use as construction materials, acid-resistant piping, shock-resistant sheathing, rot-proof pilings, and, when foamed, even as pontoons.

Jan 1, 1988

By Jean E. Kiel, Rob Dorey, Dirk J. A. van Zyl

1.1 INTRODUCTION This chapter seeks to provide an overview of important factors involved in the implementation of heap leach technology as a vehicle for gold extraction from its ores. Toward this end, brief discussions of the various elements important to this process are presented here. Topics covered in this chapter include a brief history of the process; basic chemical reactions responsible for the process ; characteristics of ores amenable to heap leaching; location of the greatest concentration of heap leach projects in the U.S.; heap leach components, methods, regulatory/permitting considerations; and economic considerations. Most of these subjects are treated at much greater length in subsequent chapters. Thus, this chapter serves as a summary for those which follow, in addition to providing the reader with a feeling for those topics which may be of most immediate interest. 1.1.1 History of the Process Modern Day Precious metal heap leaching technology has developed over the past decade, although the principles of heap leaching per se, as well as those of gold extraction through cyanidation have a long history (see discussion below). However, it is in the past 10 years that heap leaching has developed into an efficient method of treating oxidized gold and silver ores. It has proven to be both an efficient way to extract precious metals from small, shallow deposits, as well as an attractive way to treat large, low- grade, disseminated deposits. Heap leaching has several advantages compared to conventional milling (i .e., crushing, grinding, and agitation leaching). In general, these advantages include simplicity, lower capital and operating costs, shorter start-up times, and less intensive environmental regulatory concerns. A possible disadvantage of currently existing heap leach technology is a potentially lower percentage of metal extraction being obtained from the ore than would be the case with conventional milling (Potter, 1981; Hiskey, 1985; and Thorstad, 1987) The actual principle of heap leaching has a long history as inferred previously. For example, mines in Hungary recycled copper-bearing solutions through waste heaps in the mid-sixteenth century (Hiskey, 1985), and Spanish miners percolated acid solutions through large heaps of oxide copper ore on the banks of the Rio Tinto around 1752. By 1900, leaching operations were employing such techniques as leach/rest cycles to maximize copper recovery (Taylor and Whelan, 1942; Thorstad, 1987). Copper dump leaching is currently

Jan 1, 1988

By M. G. Ayat, J. W. Leonard

Introduction Coal preparation plants are continuously losing clean coal in their refuse and contaminating their clean coal product with impurities. This is due to the lack of a system by which the immediate efficiency of the cleaning operation can be determined at any given time. Moreover, the advantage of developing tagging/ tracing techniques would be a reduction in the time and money spent in evaluating the performance of advanced cleaning techniques. Currently, conventional sampling and testing, on-line analyses, and computer information systems are the major tools with which engineers analyze and control the efficiency of processing plants. Conventional sampling and testing is an effective analysis technique but it is slow. On-line analysis provides information on quality parameters rapidly, but these parameters do not provide all of the necessary information. The use of tagged particles in coal preparation plants may provide the necessary link between diagnosis and the application of computers to process control. In this work, a novel technique that uses tagged particles to generate partition data is presented (Leonard et al., 1982). Individually prepared tagged particles are added to the feed and detected in the product or refuse port of specific gravity based processes. Providing that a computer can interpret the output of a detection device and trace particles with predetermined physical properties through the coal preparation plant and that the trace particles actually represent desired raw material, sufficient partition data can be provided for computer analyses and control of processing efficiency. Coal tagging technique The use of tagged particles in coal preparation operations are in the early stages of development. Though there is a brief history of particle tracing in the mineral processing industry (Gardner et al., 1986; Foreman and Amundson, 1976; Poston et al., 1962), the concept has not yet been applied to the analysis and control of processing plant operations. Several methods for tagging coal particles have been identified. These include magnetic, radioactive, and fluorescent techniques. As far as the magnetic tagging of coal particles is concerned, a method has been developed to manufacture synthetic magnetic particles of various sizes and specific gravities. Ideally the synthetic particles would have identical size and density as the coal particles being separated.

Jan 1, 1988

By S. Srinivasan

Traditional pit optimization techniques cannot take account of the requirement to blend ore in order to produce a saleable product, as is the case for iron ore, coal, limestone and other industrial minerals. Various techniques are proposed to overcome the deficiencies, many of which have been tested. The techniques in general involve the combined application of pit optimization and blend optimization techniques.

Jan 1, 1996

By K. J. Sollman

As a class, silicate minerals have likely found the broadest, if not largest volume, use in combination with polymeric binders of all industrial minerals. Among the silicates, calcium metasilicate, wollastonite, enjoys a front runner position in a near universal sense. It is a viable and desirable part of composites ranging from thin films to large moldings; from a common filler/extender for paint for your garage to a reinforcement for the exterior surfaces of a luxury vehicle affordable to very few. This article is focused upon the variations in particle morphology and the surface characteristics which, by way of commercial examples and discussion of active research programs, make this environmentally benign mineral so unique.

Jan 1, 1993

By W. M. Ma, Daniel W. H. Su, K. Centofanti, Yi Luo, W. L. Zhong, Syd S. Peng

9.1 INTRODUCTION There are approximately 70,000 abandoned coal mines nation¬wide, which is about 35 times the number of underground coal mines presently operating. The US Bureau of Mines estimates that there are over 8 million acres of undermined land due to the extraction of coal, metals, and nonmetals. Subsidence has affected more than 2 million acres, and more than 99% of the subsidence is related to underground coal mining. There is reason to believe that some of the remaining 6 million acres of the undermined land have a high potential to subside. The expansion of housing, highways, commercial structures, and other facilities has required the use of many areas that are underlain by abandoned coal mines, and this growth will continue. Many subsidence problems are derived from the collapse of aban¬doned underground coal mines. There are numerous abandoned mine workings in the anthracite fields of northeastern Pennsylva¬nia, in the Appalachian bituminous fields, the Illinois Basin, the Rock Springs, Wyoming area, and other areas of the United States (Gray et al., 1976). Various room and pillar patterns of mining have been used in the dipping anthracite seams and the nearly flat-lying bituminous seams with considerable variation in the per¬centage of coal extracted. The progressive deterioration of pillars, mine floors, and mine roofs after long exposure to air and water may later result in the collapse of strata over the mine entries, the crushing of the remaining coal pillars, or the bearing failure of the mine floor beneath the coal pillars. Subsidence then results as the collapse reaches the ground surface in the form of differential strains, depressions, cracking of the ground, and sinkhole devel¬opment. Subsidence over active longwall mines, which occurs concurrently with mining or is completed within a short period following coal extraction, has been studied extensively over the past decade. On the other hand, subsidence over abandoned coal mines receives little attention by the researchers, mainly because it is difficult to predict and takes place decades after mining has ceased. The techniques of investigating the subsidence events over abandoned coal mines are similar to those employed for active mines except that at the outset, it is necessary to determine whether or not the subsidence events are mining-related (Chugh et al., 1986; Cummings and Singh, 1986; Peng and Hsiung, 1986). This calls for the identification and confirmation of abandoned mine workings under or near the affected surface structures. Gen¬erally old mine maps, if available, are acquired, the surface bore¬holes are drilled for confirmation of the accuracy of the mine maps and determination of the potential for continued subsidence. Sub¬sidence monuments are established and periodic surveys con¬ducted to determine the amount and trends of surface movement in and around the affected surface structures; surface boreholes are used to investigate the integrity of the underground structures (i.e., roof, coal pillars, and floor) by TV camera. They are also used for monitoring the vertical and horizontal movements of the subsur¬face strata by Sondex (FPBX) and inclinometer (PFBI), respec¬tively, for determining the continuity of the subsidence events. Tape extensometers, crackmeters, etc., are used to monitor the development trends of major cracks in the structures or on the ground. These data are used to identify the causes of the subsidence events. Finally, abatement methods are selected to stabilize the structures. It must be noted that most subsidence events over abandoned coal mines are reported after the fact, and investiga¬tions are begun some time after reporting, that the subsequent measured movements are generally much smaller than that at¬tained in the active mines, and that due to lack of knowledge about the damage conditions and the exact location of the abandoned mine workings with respect to the affected surface structures, the precise causes of surface subsidence or surface structural damages are in most cases very difficult to identify. 9.2 TYPES OF SURFACE SUBSIDENCE According to Gray et al. (1977), after examining 354 incidents of subsidence above abandoned mines in the Pittsburgh metropol¬itan area, the subsidence features have a mean diameter (i.e. the average of long and short dimensions) from less than 1 ft to 1600 ft, with 84% less than or equal to 15 ft; the subsidence features have a depth ranging from less than 1 ft to 48 ft, with 89% less than 25 ft; 66% of the subsidence features are deeper than they are broad. Nearly 59% of the subsidence features occur with overbur¬den less than 50 ft thick and 81% less than 100 ft thick. No subsidence features occur with overburden thicker than 450 ft (Fig. 9.1). Occurrence of subsidence incidents varies from imme¬diately to more than 100 years after mining (Fig. 9.2). In analyzing the characteristics of approximately 3000 chim¬ney subsidence features along the Colorado Front Range, Matheson and Eckert-Clift (1986) examined historical aerial photographs on 4- to 14-year intervals between 1937 and 1967 and found that the majority of observable surface subsidence features occurred within 30 to 40 years after mining. According to Gray et al. (1977), the most prevalent subsi¬dence features over abandoned mined land are sinkholes, with depths of more than 3 ft, and troughs or sags, usually less than 3 ft deep. Sinkholes are steep-sided pits, while troughs are shallow depressions much wider in area than sinkholes. A. SINKHOLE SUBSIDENCE A sinkhole is caused by the collapse of a mine roof that works its way upward. If it is not arrested during the process it will eventually reach the surface and emerge as a sinkhole. The process is governed by the thickness and character of the overburden, the width and height of the mine openings. Sinkholes are usually 3 to 20 ft deep and may be 2 to 40 ft in diameter, although most are fewer than 16 ft across (Gray et al., 1977; DuMontelle and Bauer, 1983). Newly formed sinkholes have steep sides with straight or bell-shaped walls. At times, they appear to be conical in profile with the apex upward. If the topsoil collapses, the top portion will widen to form an hour-glass shape. Sinkhole subsidence usually occurs over abandoned mines less than 165 ft deep (Hunt, 1979). Matheson and Eckert-Clift (1986) found that chimney sink¬holes are likely to occur when the ratio of overburden thickness to mining height (h/m) is less than 4 to 5. When h/m is between 5 and 10 to 11, the potential occurrence of chimney sinkholes decreases rapidly. When h/m is more than 10 to 11, less than 10% of the mine openings that collapse will induce sinkholes on the surface.

Jan 1, 1992

By G. B. Misra

Attempts have been made during the last three decades to establish a correlation between respirable dust dosage and the degree of progression of pneumoconiosis or silicosis amongst mine workers. Fair correlation has been possible only after the Johannesburg Pneumoconiosis Conference established mass concentration of dust in the respirable size range as the true measure of the incidence of pneumoconiosis. The author had established a good correlation between cumulative total respirable dust dosage as well as cumulative silica dosage and the category of pneumoconiosis according to ILO classification at Mufulira Copper Mine. Studies at Hutti also show a linear relationship between the average cumulative dust and silica dosage md the category of pneumoconiosis. However the maximum tolerable cumulative dust dosage for - prolonged exposure is 182 mg month/m3 - at Hutti as compared to 275 mg month/m3 at Mufulira. Similarly the maximum tolerable silica dosage for - prolonged exposure is Only 35 mg month/m3 at Hutti as compared to 55 mg month/m3 at Mufulira. The TLV for dust concentration at Hutti works out at 0.6 mg/m3 compared to 1.1 mg/m3 at Mufulira and the TLV of silica concentration at Hutti is 0.117 mg/m3 compared to 0.25 mg/m3 at Mufulira. The Hutti figure is however, closer to the TLV of 0.1 mg/m 3 recommended by ACGIH.

Jan 1, 1987

By D. E. Munson, H. J. Sutherland

Empirical methods for describing the shape of the subsidence trough over coal mines in Europe are tested against field measurements of subsidence over longwall panels in the United States. The graphical methods developed by the National Coal Board in the United Kingdom do not correlate well with the U.S. measurements; however, the profile functions typically used on the Continent give quite acceptable fits to the data. In the case of two longwall panels mined at Old Ben No. 24 in Illinois, a trigonometric profile function appears the best choice; in the case of two longwall panels mined at York Canyon in New Mexico, an error integral function is somewhat superior. Analyses of subsidence development curves show that rate effects occur. A comparison of fitting parameters establish influence functions as an important methodology for future analysis. In conjunction with the evaluation of empirical methods, an analytic model based on material failure and bulking was developed. A key element of the model is the void-volume distribution function which establishes a mechanism for transfer of significant amounts of the mined volume to the surface. Preliminary calculations demonstrate the features of the model and illustrate close correlation to physical observations in the field. Moreover, centrifuge models simulating the subsidence process have been used successfully to demonstrate the dominant or key failure modes necessary to the analytic model. General features of the centrifuge simulations and model calculations correlate well.

Jan 1, 1982

By P. Johnson, G. E. Jones, G. K. Hoffman, C. B. Krueger, J. S. Raugust, M. Wilks, V. T. McLemore

The NMBGMR is slowly converting historical data into a relational database using Microsoft Access 97. The purpose of this database is to provide data on districts, mines, and mills in New Mexico to government agencies, public organizations, industry, and citizens to make informed decisions about resource development, resource management, water supplies, environmental impacts, hazard assessment, and waste disposal. Once the data are entered into the database with locations, the data can easily be converted to GIS format for displaying as different map layers.

Jan 1, 2003

By Brian Flintoff

SCOTT COULTER: Our second speaker today is Brian Flintoff. Brian graduated from the University of Alberta in 1973 with a master's of science degree and worked as a project metallurgist at Brenda Mines until 1977. He returned to the University of Alberta in late 1977 to work on his Ph.D. and later joined the faculty of engineering in 1980, leaving in 1988 to rejoin Brenda in the newly formed process technology division. In 1998 he left Svedala-Brenda to take a position with Simons International's newly formed enterprise development services group. His topic today is "People: Reduce, Reuse, and Recycle." INTRODUCTION BRIAN FLINTOFF: Historically, the mining industry has relied on the people within a corporation to get things done. The culture of most companies was one of a slow but sure development of people, processes, equipment, and technology. Many of the larger companies supported in-house engineering and research organizations. However, the metal market pressures of the 1980s and the emergence of the global economy in the late '80s and early '90s put enormous financial pressures on the industry. As the old adage says, "necessity is the mother of invention," and the mining industry, like many others, has undergone a transformation. A cornerstone element of the transformation was the downsizing (or right-sizing) that was calculated to "trim the fat" from the capital and operating budgets. The goal was and is to find the highest sustainable operating profit.' While I'm sure one can find examples of losers (e.g., those who can be classified as suffering from corporate anorexia or institutional Alzheimer's) in such business reengineering efforts, there is little doubt that, on the whole, the transformation has been successful. The reality that now faces mill management is "How to do more with less?" At the risk of oversimplifying, one can look at this on two levels:

Jan 1, 1998

By B. C. Cornilsen, X. Shan, D. H. Carlson, J. H. Johnson

Airborne respirable Diesel Particulate (DP) presents an additional health hazard in that it has been shown to be mutagenic. This problem is of increasing concern as more coal mines introduce diesel vehicles. If the DP present in coal mine air is to be controlled it must first be measured. This paper describes development of the laser Raman spectroscopic measurement of the amount of DP in DP/coal mixtures collected on filters in the laboratory and in coal mines. The Raman technique provides a chemical measure of the carbonaceous material in each component, and is not dependent upon particle size. When this work was begun there were no known analytical methods for this measurement. Side-by-side in-mine comparisons of the results obtained from Raman, neutron activation analysis, and size selective analyses (MOUDI and personal samplers) are presented. The neutron activation and size selective analyses were obtained by the USBM Twin Cities Research Center and University of Minnesota. Good agreement has been found among these three methods.

Jan 1, 1991

By L. Xiao, P. Somasundaran

Three major types of solution chemical equilibria-involving minerals, solution, and flotation reagents such as collectors, frothers and modifiers-play a crucial role in determining the behavior of complex flotation systems. Minerals of phosphates (apatite and francolite), tungsten (wolframite and scheelite) and associated carbonates (calcite and dolomite) are sparingly soluble in aqueous solution and form dissolved mineral species in bulk solution. Such dissolved species interact with mineral solids, often resulting in surface conversion of the minerals. In addition, they can interact with various floation reagents and lead to surface or bulk precipitation and loss of selectivity in the flotation. Relevant solution equilibria of such sparingly soluble minerals and their interactions with oleic acid and structurally modified reagents were determined in this study using a multi-pronged experimental approach. Methods to manipulate and control the solution chemical equilibria and thus achieve selectivity in flotation systems are discussed.

Jan 1, 1992

By Im C. J.

The addition of coal preparation plants changed the coal industry during the past. Now it is time co once again improve the quality and types of coal products coming from future coal preparation plants to meet the changing needs of our society. Clean Coal Technology, along with federal support provided, is forcing our industry to provide cleaner coal products for industrial applications. Liquid fuels from coal is just one of many new products from a coal preparation plant that has a ready market in the transportation sector. UCC Research Corporation is developing these new liquid coal products and this paper will describe the progress and the new slate of coal products to be provided from future preparation plants.

Jan 1, 1989

By M. C. Roberts

The success of any industrial mineral project requires an accurate forecast of the demand for the material. This paper develops a general method of evaluating these needs and applies it to the case of graphite. The basic method is to explain graphite consumption in each of its major uses by the output and manufacturing technology of the using industry. Once these underlying factors are determined, they can be projected to establish future requirements. This demand forecast is critical to the evaluation of a new source of supply, such as the graphite resources of upper Michigan.

Jan 1, 1989

By Norman L. Weiss

The full importance of tailings disposal is yet to be realized by the mining industry, but our awareness of its present and future implications is growing faster, perhaps, than any single phase of ore processing. Few engineers can look very far into the future because of the complexity of the problems that may confront us if we project from the general indifference of past years through what we are already being expected to correct in existing operations, to confrontations with new statutes and an awakened public in any new plants hence- forth. The mistakes of the past have not been limited to the United States nor even to other countries of the Western Hemisphere. Indeed, all continents and subcontinents have suffered from myopia in releasing the tailings without retaining responsibility. However, the US as one of the world's great leaders in technology has a particularly unimpressive record. It may be safely generalized that the degree of control applied to the tailings of a milling operation has depended upon several factors more important than national boundaries. Thus in arid and semiarid climates no incentive was needed other than the scarcity of water to create a permanent and stable lodgment for mill tailings. On the other hand. where water has been plentiful. the temptation to let the tailings run into a river or lake or ocean (at least at certain times of the year) was often irresistible. So we find that modem tailings disposal in the southwest deserts of this country, with one or two notable exceptions where very serious breaks seem to occur at regular intervals, is satisfactory according to the standards of the 195QF and 1960s. while in various operations in Idaho, Michigan, western Colorado. Newfoundland, and elsewhere the record has been less praiseworthy. In the same way, cyanide plants which did not concern themselves about leakage, seepage, spillage, or wastage of tailings pulps with solutions containing toxic levels of free or combined cyanide soon heard a demand for better control. In consequence the industry has seen a growing use of cyanide regeneration of tailings or wash solutions, elimination of leakage, and careful structuring of tailing dams. The chemical and thermal qualities of tailing waters have occasionally been a spur to good tailings management. Some tailings disposal problems for example, the southeastern Florida phosphate clays and the Bayer red muds-have been given the intensive study they merited, but not always with much success.

Jan 1, 1985

By T. D. Murphy

In the fall of 1988 it became evident that the accuracy of sulfur forecasts for Monterey Coal's No.1 Mine needed to be improved. In addition, it became necessary to predict if any individual train shipments during a month would exceed a contract sulfur limit. The challenge was to develop a forecasting process that would take into account the variability of the coal in the ground as well as the difference between laboratory and preparation plant sulfur reduction efficiency, and the effects of mining coal with multiple units. This paper describes how geostatistics and simulation techniques were used to meet this challenge.

Jan 1, 1992

By D. C. Edwards

In an age where customer service and quality drive today's industry and business, no service or product is exempt from these demands. Industry and business are streamlining everything from people to equipment and today have a heavier reliance on the performance and quality of their assets and equipment, (one of the keys to staying competitive). In the mining process industry, the centrifugal slurry pump is a key piece of equipment that keeps product moving and aids in generating revenue for its owner. The continued improvement and customer success lies in a team effort between the mining industry and the pump manufacturers. We, the pump manufacturers, need to keep improving our designs to further extend the life of our pump with fewer failures and promote to our customers proper maintenance of the pumps to continually keep unexpected failures to a minimum. Strict equipment maintenance, as thoroughly demonstrated by the military, is key to the long life and success of any piece of equipment. In the often harsh duty of the centrifugal slurry pump, maintenance is something that requires "attention to detail". No area of the pump is exempt from attentive maintenance. Here, discussions will focus on the areas of the mechanical drive end, wet end, seals, and extended pump shut down and start up. There has not been a slurry pump designed to maintain or repair itself. So in effect, each pump warrants able bodied maintenance persons to maintain them who continually observe all the rules of safety. Prior to any maintenance discussion or action, the issue of safety should always be addressed. Here, as with everywhere, the same rules apply. Work at a safe pace, note all safety precautions, use associated safety equipment and personal protective attire, observe all tagout and lockout procedures, and most importantly, be aware.

Jan 1, 1996

By A. R. Przybylek

A fluid bed dryer has been designed for a nonconventional application to upgrade the value of fine anthracite culm and silt recovered from culm banks and anthracite tailings pond beds. This material can be seen as large spoil piles scattered throughout the anthracite coal regions of Eastern Pennsylvania. Engineering of the system commenced in December of 1986 and at this writing start-up is scheduled for late October or early November of 1987. This paper will focus on generalities concerned With system design and operation, and qualify the differences from conventional fluid bed coal drying systems.

Jan 1, 1988

By G. C. Van Bever, J. J. Zaluski

Introduction The Surface Mining Control and Reclamation Act (Public Law 9587) (hereinafter the "Act" or "SMCRA") passed by Congress in August 1977 represents a comprehensive federal scheme for controlling surface coal mining and the surface effects of underground mining through permitting requirements, performance guidelines and reclamation planning. While the provisions of the Act have been the subject of numerous legal challenges and court battles over the years, it is difficult to identify a more controversial program within the Act than the provisions for designating lands as unsuitable for surface coal mining operations. The lands unsuitable designation process provides for the acceptance and review of petitions submitted by citizens or organizations seeking to have specified land areas designated unsuitable for all or certain types of surface coal mining activities. In filing these petitions, the interested parties or petitioners are required to make allegations about potential adverse impacts on people or the environment and submit evidence supporting their allegations. In 30 U.S.C. § 1272, Congress provided that "[a]ny person having an interest which is or may be adversely affected shall have the right to petition ... to have an area designated as unsuitable for surface coal mining operations." Under the Act, an area can be designated as unsuitable where the mining operation will (1) be incompatible with existing state or local land use plans, (2) affect fragile or historic lands, (3) affect renewable resource lands where mining operations could result in substantial loss or reduction of long-range productivity, or (4) affect natural hazard lands where such operations could substantially endanger life and property. In enacting SMCRA, Congress mandated that each state establish a process to determine which, if any, lands within the state are unsuitable for all or certain types of surface mining operations. In response to this federal legislation, the Kentucky General Assembly adopted a state regulatory program for surface mining that included provisions direct¬ing the Secretary of the Natural Resources and Environmental Protection Cabinet to establish a program for designating lands as unsuitable for surface mining as required by the Act. In recent litigation in Kentucky, several environmental groups filed a lands unsuitable petition, later joined by the University of Kentucky, challenging a proposal by Arch Mineral Corporation to surface mine over 3 million tons of recoverable coal. The petition sought to designate over 10,000 acres of land adjacent to Arch's proposed operations as unsuitable for surface mining operations, basically alleging that the mining would disturb an outdoor laboratory. The filing of the petition activated Kentucky's regulatory scheme for reviewing lands unsuitable petitions that can result in an absolute prohibition against surface mining on the petitioned land for historical, environmental and other related reasons. The designation process involves vague petition requirements creating a situation that Arch argued is devoid of constitutional due process and subject to abuse by the petitioner on many fronts. Arch maintained that the lands unsuitable regulations do not grant adequate protection to Arch's legitimate property rights under the due process clauses of the United States and Kentucky Constitutions and are thus void and unenforceable. The entire process resulting in a decision on the petition took just under 12 months in the Arch case, and although Arch was ultimately successful in preserving its right to mine, Arch's surface mining permit was held up for this period of time. This delay led to the cessation of mining operations by Arch and the idling of over 250 workers. This paper will review the lands unsuitable designation process and the significant implications the process has for existing surface mining operations, currently proposed operations and even those long-range operations not yet contemplated. Special emphasis will be given to Kentucky's lands unsuitable program. Finally, the recent litigation involving Arch Mineral Corporation and its effort to surface mine 81.5 acres of Arch controlled property will be utilized to illustrate this very unusual regulatory scheme. Regulatory background Chapter 30, Subchapter F of the Code of Federal Regulations (C.F.R.) promulgated to implement the provisions of SMCRA, requires that each state establish procedures under the state's surface mining program for designating non-federal and non-Indian state lands as unsuitable for all or certain types of surface coal mining operations. 30 C.F.R. § 764.1. The C.F.R. establishes minimum standards for state lands unsuitable programs and sets out requirements for filing a Lands Unsuitable Petition (hereinafter "LUP"), processing LUPs, decision-making guidelines and hearing requirements. Kentucky has adopted regulations providing for the implementation of the lands unsuitable process as part of the state's regulatory program under SMCRA. The following discussion summarizes the principle components of the Kentucky lands unsuitable program.

Jan 1, 1993