1. Office of Surface Mining Reclamation and Enforcement
Update on Mining, Reclamation, and Acid Mine Drainage

2. AML Reauthorization What changes? Extension to 9/30/2021
Fee reductions
Allocation changes and mandatory spending
Treasury payments
Priorities

3. AML Reauthorization More changes:
Remining incentives reinstated permanently
Water lines – limit removed
AMD Set aside expanded and revised
Authority for other remining incentives
Tribal primacy

4. AML Reauthorization What does it mean to WV?

5. AML Reauthorization What do changes mean for AMD?
AMD Set-Aside raised from 10% to 30%
OSM approval no longer required
Funding for Clean Streams grants
Funding for Watershed Co-ops
Watershed Co-ops:
FY 07-continuing resolution at FY 06 level
FY 08-requested $500K increase to $1.6M
Goal is to leverage $2.5 other funds to $1 WCAP

6. Implementation of 2006 SMCRA Amendments
Some changes needed by 9/30/07
New rules
Revised Directives
System changes
New rules:
Interim final & proposed for some provisions
Proposed rule for remining incentives
Proposed rule on Tribal Primacy
System changes:
Treasury payments
Inventory approval

7. OSM Rulemaking Status Coal combustion by-products
Proposed excess spoil/stream buffer zone rule with DEIS
Proposed coal waste rule
No national rule on long-term AMD
TN final rule on AMD trust funds and reforestation
CCBs—notice of proposed rulemaking 3/14/07
ES/SBZ—under review in DOI
Coal Waste—published 1/17/07; comment period closed 3/28/07
TN rule—published 3/2/07

8. TN Treatment Trust Funds
Rule provides framework for income-generating funds for long-term treatment
Modeled after OSM-approved PA program
Negotiations underway to establish funds for several discharges
Can serve as models for other states

9. AMDTreat v4.1 Released February 2007
Numerous enhancements including updated default costs and values
OSM is available to present AMDTreat training at your meeting or conference
If 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 section
o Oxidants in chemical treatment section
-improved “what-if” modeling capability

10. AMD-Related Litigation
WVHC v. Kempthorne
WVHC Notice of Intent
Pennsylvania Federated Sportsmen, et al. v. Kempthorn,
Both filed on March 28, 2007:
WVHC v Kempthorne--motion to reopen Count #9 on WV bonding program adequacy
WVHC v WVDEP--on treatment and NPDES permitting at W VA forfeiture sites
Pennsylvania Federated Sportsmen, et al. v. Norton,
PA dropped bond pool
Oral arguments before Federal 3rd Circuit Court of Appeals last week

11. Applied Science Program Hydrology-related Projects
2005--~$200K
2006--~$468K
2007—~$???K
2005
WVU-$50K-mine pools
UK-$44K-headwater stream restoration
VPI--$40K-CCBs
PADEP--$50K + EPA $50K-kinetic testing
VPI--$35K—watershed recovery
2006
MapTech--$83K-TDS BMPs
UT--$90K—PHC/CHIA Sediment load prediction
WV Water Research Inst.--$100K—In-situ Fe mitigation
IN Geol.Surv.--$95-AMD prevention/treatment
Prairie View A&M--$100K—AMD prediction test
2007
30 project proposals totaling $2.5M
half deal with hydrology, AMD, CCBs, slurry
project selection underway (~$1.0 M)

12. Technology Transfer & Programmatic Focus
Mine Pool Workshop
Field Issues Workshops
Reforestation Conference
Drainage Control Certification (EY07)
Prevent catastrophic events
Tech transfer team made up of States and OSM selects current topics for events
Last (calendar) year did stream restoration, underground injection, CCBs
Just completed a Mine Pool Workshop—March 2007, Wheeling, WV
States want more technical tools to predict mine pool levels and water quality
Plan to do a workshop on the draft FWS IN Bat Recovery Plan
On the programmatic side:
Holding workshops looking to benchmark with regional states for program improvement on topics identified by states
Last year’s topics: temporary cessation, oil & gas, water replacement
This year: Field Issues Workshop on reclaiming inactive slurry impoundments—April 2007, Ashland, KY
OSM 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, VA
1st ARRI conference involving state, academia, industry, land owners, environmental community, other stakeholders
Registration information coming soon on ARRI website

13. AMD Inventories
OSM and the states are in the process of updating the 2000 inventory of post-law AMD discharges in the region
An 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 trees
Increase survival rate of planted trees
Increase growth rates of surviving trees
Expedite forest habitat establishment through natural succession

16. ARRI is Partnerships
ARRI’s goals can only be achieved through partnerships. ARRI’s partners include:
Industry
Environmental and citizen groups
State regulatory authorities
Academics
OSM
Landowners and the NCCL
and anyone who wants to see more trees planted
The 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 growth
Change perceptions:
What should good reclamation look like?
Bond release is not easier without trees
Regulations do not inhibit reforestation
Technical barriers: Avoid compaction (excessive grading) and limit ground cover
Cultural 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 forests
Bond release: Reclamation with grasses and legumes isn’t necessarily less expensive or doesn’t make it easier to obtain bond release
Regulatory 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 roots
Avoid compaction
Limit ground cover
Plant variety of high quality hardwood tree species
Use proper tree planting techniques
Research 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 compacted
Use ground covers compatible with growing trees
Plant two types of trees - trees that will stabilize the soil and trees that develop into commercially valuable hardwoods
Use proper tree planting techniques

19. Advantages of Reforestation in Appalachia
Forest products are valuable
Job opportunities
Ecological asset values
Environmental
Recreational
Forest products are valuable – six thousand wood and paper manufacturing facilities - $62 billion industry.
Job opportunities - Over 300,000 jobs generating an annual payroll > $15 billion
Ecological 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 uses
Forests 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 permitted
92% of 59 permits issued chose land uses requiring trees
80% of permits incorporated FRA
>2 million trees planted on 3,000 acres
Forestland—48 permits
F&W—6 permits