1. Randy Huffman Cabinet Secretary

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

3. Web site www.wvdep.org

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

11. 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.

17. 2008 Rule Changes Pending OSM decision

18. 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

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

20. 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, §22-3-10a; 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 §5B-2A and §22-3-10 of said code, all relating to the Office of Coalfield Community Development and master land use plans;

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

22. DEP is conducting Coal Slurry Injection Study (SCR15) with OSM and DHHR

23. . Appalachian Regional Reforestation Initiatives 2008 Reforestation Conference was held WV in August. Over 200 people attend ed

24. 2008 Arbor Day at Black Castle

25. 2008 Arbor Day at Fola Coal

26. 2008 Arbor Day at ICG Eastern

27. 3 million + seedlings were planted on mined lands in WV in 2008

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

29. POST MINE LAND USES FOR ISSUED SMAS AND AMENDMENTS BY YEAR Year Forestland Wildlife Hay/pasture RangeInd/Com 2007 71% 14% 8% 0%6% 2006 81% 10% 7% 2%0% 2005 76% 7% 9% 4%4%

30. TREES PLANTED ON MINED LANDS BY YEAR 20083,347,000 20073,500,000 2006 2,500,000 20051,800,000

31. 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 States 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

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

33. THANKS