SPECIAL PUBLICATION NO. 27


6. Completion of Reclamation
 "The acceptance of mined-out land as reclaimed should be done on a
case-by-case basis. Each permit is likely to have many site-specific
aspects in its reclamation plan. This specificity has led the task force to
change its 1981 recommendation to incorporate a general policy on rec-
lamation release in the mining regulations. The task force is confident
that the permitting process, review procedures, and monitoring reviews
will supply adequate information to support case-by-case decisions on
the release from reclamation bonds. The Division of Land Resources
should, however, continue to monitor closely this question and, if it
appears that general policies on reclamation completion can be formu-
lated, present appropriate recommendations to the Mining Commission.
 "The particular issue of the release of part of a tract on a single mining
permit as reclaimed while mining continues on other portions is difficult,
but the task force concluded that case-by-case consideration is the best
way to resolve it. Monitoring results on existing mines should eventually
allow a sound decision on the best patterns-e.g. checkerboard, long
strips, whole-area-fallow peat mining, and reclaimed areas to minimize
environmental impacts.


7. Expansion of Capacity Use Area
 "Capacity Use Area #1, which covers the existing permitted areas for
mining, should now be extended eastwards by the Environmental Man-
agement Commission to include the rest of Tyrrell, Hyde, and mainland
Dare counties as well as Roanoke Island. This action is necessary to
ensure that the provisions of this law, particularly its water use permit
requirement, fully apply to all future mining proposals. Expansion of
Capacity Use Area #1 should be considered if mining is proposed south
or west of its present extent.
 "The water use permit, under the Water Use Act of 1971, is the
Department's primary means of controlling dewatering and excavation
activities in capacity use areas. It is the basis for the requirement of
monitoring freshwater discharge volumes from peat mines. Until NPDES
and groundwater regulations are revised to include volume controls and
reporting requirements, the capacity use concept remains important. As
groundwater classifications and standards are completed by the Division
of Environmental Management, they should be incorporated in the peat
mine permit package.
 "Development of nutrient and salinity standards should continue by
the Division of Environmental Management, with active consultation
with the Division of Marine Fisheries and the Office of Coastal Manage-
ment. The task force, however, is aware of the difficulties in developing
workable salinity standards and urges that in the interim preventive mea-
sures such as outlet location and water control measures be fully imple-
mented as part of the mining permit conditions.


145