Randy Huffman Cabinet Secretary West Virginia Division of

Randy Huffman Cabinet Secretary

West Virginia Division of Mining and Reclamation Lewis Halstead Deputy Director March 2009

• Web site www. wvdep. org

E-DEP • e-Permitting – Mandatory 1/1/09 • Mobile computing – Pilot test ongoing now in Oak Hill • Electronic DMRs

Trend Stations Since October, 2002, the agency has been sampling 235 trend stations within the coal fields. These trend stations provide quality, quantity, and benthic data to the agency. The watersheds associated with the trend stations cover an area equal to approximately 40% of the state.

Prospect Applications Received 2004 - 2008 220 200 213 208 180 160 180 140 157 120 131 100 80 60 40 2004 2005 2006 2007 2008

DMR Permitting Actions by Year 2004 - 2008 2, 800 2, 685 2, 100 2, 216 1, 893 1, 906 1, 400 1, 884 700 0 2004 2005 2006 2007 2008

2008 Rule Changes Pending OSM decision

Proposed 2009 Surface Mining Reclamation Rule • Approved person criteria-Provide that an approval person status requires renewal. In addition, provides for disciplinary action and procedures. • Significant IBRs- Clarifies that IBRs are revisions to a permit and that they can be insignificant or significant permit revisions. • Digital signature

NPDES for Coal Mining Changes • Digital signatures • Real Time Water Quality Control • Clarified the requirements for obtaining compliance schedules

Other Bills • Senate Bill No. 482 - Increase the prohibition to 300 ft. of a cemetery land; access and including cemeteries in community impact statements. • Senate Bill No. 506 – added to the end of § 22 -3 -14. (b) (1)…. . : Provided, however, That notwithstanding the provisions of section three-a, article one of this chapter or any rule to the contrary, for underground coal mining operations conducted after October 24, 1992, any obligation of operators to repair or compensate the owner of any dwelling or structure for damages caused by subsidence shall be determined by whether the same condition exists under the federal Surface Mining Control and Reclamation Act of 1977, as amended; • Senate Bill No. amend § 22 -3 -17 requiring the agency to use its authority under the Water Pollution Control Act to enforce surface mining-related water pollution violations of effluent limits and water quality. • House Bill 3116 adding a new section, § 22 -3 -10 a; relating to the prioritizing permits based on those that include land use master plans that includes provisions for certain post mining land uses; adjustment of bond release amounts and time frames for completion of land use master plans. • Senate Bill No. 375 amend sections of § 5 B-2 A and § 22 -3 -10 of said code, all relating to the Office of Coalfield Community Development and master land use plans;

Highlights and Issues of 2008 q Water Enforcement q. DMRs q Selenium q OSM Buffer zone final rule-Groups filed for injunction q OSM Coal Combustion Waste rule pulled for further review q Material Damage-Approved by OSM

DEP is conducting Coal Slurry Injection Study (SCR 15) with OSM and DHHR

Appalachian Regional Reforestation Initiative’s 2008 Reforestation . Conference was held WV in August. Over 200 people attended

2008 Arbor Day at Black Castle

2008 Arbor Day at Fola Coal

2008 Arbor Day at ICG Eastern

3 million + seedlings were planted on mined lands in WV in 2008

American Chestnuts were part of this effort. This American chestnut was direct seeded

POST MINE LAND USES FOR ISSUED SMA’S AND AMENDMENTS BY YEAR Year 2007 2006 2005 Forestland Wildlife Hay/pasture Range 71% 14% 8% 0% Ind/Com 6% 81% 10% 7% 2% 0% 76% 7% 9% 4% 4%

TREES PLANTED ON MINED LANDS BY YEAR • • 2008 2007 2006 2005 3, 347, 000 3, 500, 000 2, 500, 000 1, 800, 000

2008 OSM Annual Report for West Virginia Customer Service-Permit amendment Review found we are properly implementing its Permit Amendments Policy and its statutory requirements at W V Code § 22 -3 -19(b)(3) Off-Site Impacts- 1, 707 of the State’s 1, 824 currently bonded permits or 94% were off-site impact free. All but one of the off-site impacts on nonforfeited permits were classed as minor Reclamation Success-73 Phase III bond releases totaling 7, 676 acres

OSM Oversite/Technical Assistance �www. osmre. gov �SWORA effectiveness �AOC compliance �Flyrock �Impoundments �GAO

THANKS