15 research outputs found

    Shaffer v. W. VA. Dep\u27t of Transp., 542 S.E.2d 836 (W. Va. 2000)

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    Non-Game Bird habitat Associated With Haul Roads and Surface Mining for Bentonite Clay

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    A 2 year study was conducted to investigate possible differences in density and diversity of birds in relation to distance from mining haul roads and various aged mine spoils. Winter bird surveys and breeding bird counts were conducted during 1977 and 1978. Bird density and diversity were estimated and compared between the following habitat areas: old spoils (mined ≥20 years ago, unreclaimed), new spoils (mined ≤20 years ago, reclaimed) and unmined areas. Within unmined areas density and diversity of birds 100m, 300m, 500m, and 900m from a mining haul road were compared to detect differences in density and diversity with distance from the haul road. Density of common bird species within mined and unmined areas was compared. Forward stepwise multiple regression was used to identify groups of physical and/or vegetation variables that accounted for variation in bird density and diversity indices. Management suggestions for reclamation of strip mined areas are given. Horned larks (Eremophila alpestres) was the only species observed during the 1977 winter survey within the old spoils, new spoils and unmined areas. Highest horned lark density occurred in new spoils. Horned larks, common redpolls (Acanthis flammea) and snow buntings (Plectrophenax nivalis) were observed during the 1978 winter survey. All 3 species were observed in new spoils and snow huntings were the most abundant. Horned larks and common redpolls were observed in old spoils with common redpolls most abundant. Snow buntings and horned larks were observed in unmined areas. Snow buntings were the most common species in unmined areas. Breeding bird counts indicated that the highest bird diversity occurred on reclaimed mine spoils both years. The highest bird density occurred on reclaimed areas in 1977. Bird densities in unmined areas and reclaimed spoils were similar in 1978. The lowest bird density and diversity consistently occurred in the old unreclaimed mine spoils. Vesper sparrows (Pooecetes graminius) were the most common bird species in unmined areas but were less numerous in reclaimed areas because of the absence of shrub cover. Orthogonal T-tests were used to test for differences in bird density and diversity at 100m, 300m, 500m, and 900m interval from a mining haul road. Differences in bird diversity were not significant at the 10% level except in 1978 between the 900m interval and the pooled 100m, 300m, and 500m intervals. Bird density increased with distance from the haul road in 1978 but not in 1977. Horned larks and brewer’s sparrows (Spizella breweri) showed significant (p≤.10) increases in density with distance from the haul road. Reclamation of strip mined land resulted in bird densities similar to bird densities in unmined areas. Diversity in reclaimed areas was higher than in unmined areas. Vesper and brewer’s sparrows were uncommon on reclaimed land because of the absence of shrubs. Birds did not appear to be affected by presence of mining haul roads with the exception of horned larks and brewer’s sparrows

    Message from the President of the United States, transmitting communication of the Secretary of the Interior in relation to the condition of the Cheyenne and Arapaho Indians

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    Cheyenne and Arapaho Indians. [2261] On the condition of said Indians in Indian Territory; disarming the Indians to promote civilization

    Regulatory Adaptation in Fractured Appalachia

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    America faces a growing energy challenge. We require energy for our every activity, yet we increasingly recognize that there are no easy energy solutions. Reliance upon traditional fossil fuels – many of them imported – jeopardizes our national security and releases harmful emissions, yet renewable energy technologies require high capital investments and have environmental impacts of their own. As we address this challenge and move toward a more sustainable energy future, “bridge fuels” like domestically-produced natural gas offer a near-term compromise between renewables and traditional fossil fuels. A growing quantity of bridge fuel in the form of domestic natural gas is produced from American shales through a process called hydraulic fracturing, and this practice is booming in the Appalachian region. Some residents of this region are now asking how this type of extraction can and should occur while adequately preventing potential harm to their health and their treasured natural resources. This Article investigates how state regulation has adapted to address this concern and argues that regulations must improve in some areas; it suggests steps toward state improvement and briefly explores additional federal options. The Article concludes that improved regulations are important to address potential environmental- and health-related concerns and to serve as a model for future regulatory transitions in the energy area as America slowly shifts toward a new energy base

    Regulatory Adaptation in Fractured Appalachia

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    Effects of Strip Mining Related Disturbance on the Benthic Insect Communities of Selected Streams in the New River Basin of East Tennessee

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    Four streams in the New River Basin in East Tennessee (one undisturbed and three disturbed) were sampled monthly to determine the effects of contour strip mining for coal on benthic insect communities. In addition to sampling for benthic insects, various physical parameters were measured at the time of sampling to help determine factors that cause changes in benthic community composition in streams disturbed by strip mining. Samples from each stream were analyzed monthly, seasonally, and for the total sampling period to determine effect on the number of species and individuals and on species diversity. For these three factors data were analyzed using analyses of variance, Student-Newman-Keuls means separation tests, and the Shannon diversity index. Benthic communities in the disturbed streams showed significant reductions in species, individuals and diversity with mining disturbance. In order to determine which factors were primarily responsible for determining differences, multivariate discriminant analysis, using both independent and dependent factors, was employed. The variables found to be most discriminating in determining differences among streams were rainfall, stream flow, and turbidity. Three of the seven taxa shown to be discriminating variables in determining stream differences were significantly different between control and disturbed stream. Results clearly demonstrated the overriding influence of physical factors associated with rainfall and runoff, and resultant increased stream flow on benthic communities in streams disturbed by strip mining activity
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