Stephanie R. Timmermeyer Cabinet Secretary www.wvdep.org

1. Stephanie R. Timmermeyer Cabinet Secretary www.wvdep.org

2. West Virginia Division of Mining and ReclamationLewis A. Halstead Deputy Director April 2007

3. Historical Perspective

5. Division of Mining and Reclamation • Organizational structure • Backlog

6. Permitting • Pending Applications 2005-2006 • Permits Issued • Permitted Acreage • Projected Tonnage • Permitting Actions • Prospect Applications Received • Pending NPDES

16. Inspection and Enforcement • Inspection Frequency • Violations • Complaints

20. Other Highlights • Incidental coal removal -Form recently developed and several applications have gone through the process. • Coal combustion residue placed on mine sites • A National Academy of Sciences study released • OSM has published an advanced notice of proposed rulemaking • Comments due by May 14, 2007

22. 2007Surface Mining Reclamation Rule changes

23. ARRI goals: • Plant more high-value hardwood trees on reclaimed coal-mined lands in Appalachia • Increase the survival and growth rates of planted trees • Expedite the establishment of forest habitat through natural succession

24. 83% of acreage approved in 2006 is FRA (forestry reclamation approach) compliant. • One ongoing experimental practice (Catenary), one more planned (Coal-Mac) • Several demonstration plots (Alex Energy) (ICG-Birch river) WVU to monitor organic matter supplement at ICG. • Working with WVL&MOC (land & minerals owner's council) to establish reforestation research center in WV. • 5 reforestation training sessions planned for 2007 (3 I&E, 1 OSM, 1 regional ARRI in VA)   

25. Arbor Day • Event at ICG Eastern’s Birch River operation on April 27 • Fifth grade students from Glade Elementary

26. Endangered Species Consultation DEP assumed the primary contact role for endangered species consultation from the US Fish and Wildlife Service. All requests and information are directed through DEP

27. Guidelines for endangered species consultation and the Indiana Bat protocol are found on the DEP website. • Thresholds to categorize projects affecting Indiana bats were established.

28. Protocols for other endangered species are being developed.

29. CHIA Quality Review Panel • Formed as a result of federal lawsuit, Ohio River Valley Environmental Coalition v. Stephanie R. Timmermeyer and Green Valley Coal. • Consent order was entered on May 5, 2004, in the Southern District of West Virginia. • Panel included a representative of the plaintiff, OSM, Coal Association, and DEP.

30. CHIA Panel General Recommendations • Update CHIA guidance document • CHIA writers should follow the guidance document (current version) • DEP should implement detailed training sessions for CHIA writers and others • DEP should implement industry training on PHC/HRP • All data should be submitted electronically to DEP • DEP should consider re-instituting a CHIA panel to follow up on recommendations

31. Mountaintop Mining Quality Assurance/Quality Control Panel Meetings • The panel emphasizes the increasing review load trend and recommends that DEP management consider appropriate measures to make adequate technical review resources available so as to avoid the recurrence of application backlogs. • The panel recommends the DEP approximate original contour engineer make the appropriate changes to the permit application form (MR-4) Section O with particular reference to documentation and description of methodology in demonstration of AOC.

32. Wallback Lake Coal Mitigation Project • Fola Coal • WVDEP • Corps • DNR • Heeter Construction

33. 2007 and beyond

34. Selenium (Ken Politan will cover later) • Bonding

35. Oversight and Studies • AMD III • Slurry injection

36. E-Permitting 20%

37. THANKS