5 AML Reauthorization What do changes mean for AMD? AMD Set-Aside raised from 10% to 30%OSM approval no longer requiredFunding for Clean Streams grantsFunding for Watershed Co-opsWatershed Co-ops:FY 07-continuing resolution at FY 06 levelFY 08-requested $500K increase to $1.6MGoal is to leverage $2.5 other funds to $1 WCAP
6 Implementation of 2006 SMCRA Amendments Some changes needed by 9/30/07New rulesRevised DirectivesSystem changesNew rules:Interim final & proposed for some provisionsProposed rule for remining incentivesProposed rule on Tribal PrimacySystem changes:Treasury paymentsInventory approval
7 OSM Rulemaking Status Coal combustion by-products Proposed excess spoil/stream buffer zone rule with DEISProposed coal waste ruleNo national rule on long-term AMDTN final rule on AMD trust funds and reforestationCCBs—notice of proposed rulemaking 3/14/07ES/SBZ—under review in DOICoal Waste—published 1/17/07; comment period closed 3/28/07TN rule—published 3/2/07
8 TN Treatment Trust Funds Rule provides framework for income-generating funds for long-term treatmentModeled after OSM-approved PA programNegotiations underway to establish funds for several dischargesCan serve as models for other states
9 AMDTreat v4.1 Released February 2007 Numerous enhancements including updated default costs and valuesOSM is available to present AMDTreat training at your meeting or conferenceIf you care to mention any enhancements:-expanded help library-updated default costs and values-save, use and share variable sets-add a copy of an existing module when making a new module-model up to 99 structures or treatment systems (e.g., for structures in series)-itemize over 1400 “Other Costs”-eight new flow estimating tools-integrated metric conversion capability-new modules, such as:o Limestone bed and bioreactor in passive treatment sectiono Oxidants in chemical treatment section-improved “what-if” modeling capability
10 AMD-Related Litigation WVHC v. KempthorneWVHC Notice of IntentPennsylvania Federated Sportsmen, et al. v. Kempthorn,Both filed on March 28, 2007:WVHC v Kempthorne--motion to reopen Count #9 on WV bonding program adequacyWVHC v WVDEP--on treatment and NPDES permitting at W VA forfeiture sitesPennsylvania Federated Sportsmen, et al. v. Norton,PA dropped bond poolOral arguments before Federal 3rd Circuit Court of Appeals last week
11 Applied Science Program Hydrology-related Projects 2005--~$200K2006--~$468K2007—~$???K2005WVU-$50K-mine poolsUK-$44K-headwater stream restorationVPI--$40K-CCBsPADEP--$50K + EPA $50K-kinetic testingVPI--$35K—watershed recovery2006MapTech--$83K-TDS BMPsUT--$90K—PHC/CHIA Sediment load predictionWV Water Research Inst.--$100K—In-situ Fe mitigationIN Geol.Surv.--$95-AMD prevention/treatmentPrairie View A&M--$100K—AMD prediction test200730 project proposals totaling $2.5Mhalf deal with hydrology, AMD, CCBs, slurryproject selection underway (~$1.0 M)
12 Technology Transfer & Programmatic Focus Mine Pool WorkshopField Issues WorkshopsReforestation ConferenceDrainage Control Certification (EY07)Prevent catastrophic eventsTech transfer team made up of States and OSM selects current topics for eventsLast (calendar) year did stream restoration, underground injection, CCBsJust completed a Mine Pool Workshop—March 2007, Wheeling, WVStates want more technical tools to predict mine pool levels and water qualityPlan to do a workshop on the draft FWS IN Bat Recovery PlanOn the programmatic side:Holding workshops looking to benchmark with regional states for program improvement on topics identified by statesLast year’s topics: temporary cessation, oil & gas, water replacementThis year: Field Issues Workshop on reclaiming inactive slurry impoundments—April 2007, Ashland, KYOSM field office also select a topic annually to get consistency in our inspection efforts. The past several years we worked on valley fill inspection to underscore the important of underdrains, drainage control, contemporaneous reclamation, and certifications. EY07 topic is drainage control certification.Our common goal should be to prevent catastrophic events…..Reforestation Conference--August 2007, Abingdon, VA1st ARRI conference involving state, academia, industry, land owners, environmental community, other stakeholdersRegistration information coming soon on ARRI website
13 AMD InventoriesOSM and the states are in the process of updating the 2000 inventory of post-law AMD discharges in the regionAn inventory of AML passive treatment sites in PA, WV, MD, and OH is available OSM’s website:
14 Appalachian Regional Reforestation Initiative I would like to spend some time talking about an important initiative to plant more trees in WV and the rest of the Appalachian Region.This initiative is called the Appalachian Regional Reforestation Initiative (or ARRI for short).
15 Reforestation is a Logical Priority ARRI Goals:Plant more high-value hardwood treesIncrease survival rate of planted treesIncrease growth rates of surviving treesExpedite forest habitat establishment through natural succession
16 ARRI is PartnershipsARRI’s goals can only be achieved through partnerships. ARRI’s partners include:IndustryEnvironmental and citizen groupsState regulatory authoritiesAcademicsOSMLandowners and the NCCLand anyone who wants to see more trees plantedThe partnerships cultivated by ARRI were recognized by the Department of the Interior this year when it awarded ARRI it’s Cooperative Conservation Award. The Department selects projects for this prestigious award from across the nation that best recognize cooperative conservation achievements that involve collaborative activity among a diverse range of entities. We are very proud to have won the award this year.
17 ARRI’s Focus: Address Barriers to Reforestation Identify technical barriers to effective tree growthChange perceptions:What should good reclamation look like?Bond release is not easier without treesRegulations do not inhibit reforestationTechnical barriers: Avoid compaction (excessive grading) and limit ground coverCultural perception: Change the perception that reclaimed mine sites should look like golf courses instead of forests. The top four to six feet of growth media should be loosely graded, may be rocky and will not be perfectly smooth. This reclamation will grow trees and looks like forestsBond release: Reclamation with grasses and legumes isn’t necessarily less expensive or doesn’t make it easier to obtain bond releaseRegulatory barriers: Change the perception that regulations impede effective reforestation techniques and interfere with bond release.
18 Forestry Reclamation Approach Provide at least 4 feet of material suitable for tree rootsAvoid compactionLimit ground coverPlant variety of high quality hardwood tree speciesUse proper tree planting techniquesResearch has shown that the growth and survival of trees planted on reclaimed mine land can be significantly enhanced using the five steps depicted in this slide. These steps are known as the Forestry Reclamation Approach or FRA. ARRI promotes the use of FRA in reclaiming mined land.The five steps of the FRA are:Create a suitable soil for tree roots at least 4 feet deep. The growth media can include topsoil or topsoil substitutes.Loosely grade the soil material so that it is not compactedUse ground covers compatible with growing treesPlant two types of trees - trees that will stabilize the soil and trees that develop into commercially valuable hardwoodsUse proper tree planting techniques
19 Advantages of Reforestation in Appalachia Forest products are valuableJob opportunitiesEcological asset valuesEnvironmentalRecreationalForest products are valuable – six thousand wood and paper manufacturing facilities - $62 billion industry.Job opportunities - Over 300,000 jobs generating an annual payroll > $15 billionEcological asset values - carbon sequestration credits, stream and wetland restoration credits, watershed pollution reduction credits, etc.Environment:Trees remove carbon dioxide from the air (forest lands take up almost twice as much carbon than grasslands). This carbon is sequestered in the tree trunks, branches and roots as well as the soil and the layers of leaf litter.Trees minimize soil erosion thereby preventing soil and nutrients from entering streams.Forests provide habitat for diverse animal and plant species.Trees conserve water resources by uptaking water that would normally runoff a mine site and returning it to the atmosphere.Recreational usesForests provide an aesthetically pleasing location for hiking, hunting, bird watching, mountain biking and other outdoor activities.
20 WV Reforestation Progress! In 2006:11,000 acres permitted92% of 59 permits issued chose land uses requiring trees80% of permits incorporated FRA>2 million trees planted on 3,000 acresForestland—48 permitsF&W—6 permits