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STATUS OF WEST VIRGINIA’S AML PROGRAM

This article provides an update on the status of West Virginia's Abandoned Mine Lands (AML) program, highlighting the positive results of the 2006 amendment and discussing current projects, funding, and potential threats to the program.

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STATUS OF WEST VIRGINIA’S AML PROGRAM

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  1. STATUS OF WEST VIRGINIA’S AML PROGRAM ERIC J. COBERLY, P.E., CHIEF OFFICE OF ABANDONED MINE LANDS

  2. WV AML TODAY • 2006 AMENDMENT REAUTHORIZED FEE COLLECTION FOR THE AML PROGRAMS THROUGH 2022 • AMENDMENT RESULTED IN A NUMBER OF POSITIVE RESULTS FOR WEST VIRGINIA PROGRAM

  3. 2006 AMENDMENT HIGHLIGHTS • EFFECTIVELY BUMPS WV ANNUAL ALLOCATION TO BETWEEN $50 AND $70 MILLION THROUGH 2022 • INCLUDES SEVEN YEAR ANNUAL REPAYMENT OF $20.8 MILLION FROM 2007 TO 2014 FROM THE UNAPPROPRIATED BALANCE • FUNDS FOR STATE AND HISTORICAL SHARE BASED ON FEE COLLECTIONS • WV IS ALLOCATED MOST AMONG STATES IN STATE SHARE AND 2ND MOST IN HISTORICAL SHARE

  4. 2006 AMENDMENT RULE CHANGES • WATERLINE FUNDING CAP REMOVED • ALLOWED TO SET ASIDE UP TO 30% OF ELIGIBLE GRANT FUNDS IN AMD FUND VERSUS 10% IN PRIOR AMENDMENTS • PHASED FEE REDUCTION FOR THE COAL INDUSTRY

  5. FOUR TYPES OF AML PROJECTS • HEALTH AND SAFETY • WATERLINE EXTENSION OR SYSTEM UPGRADE • AMD SET ASIDE PROJECT • EMERGENCY

  6. HEALTH AND SAFETY PROJECTS • PROJECT TYPES INCLUDE LANDSLIDES, HIGHWALLS, PORTALS, SUBSIDENCE, DRAINAGE CONTROL AND REFUSE OR SPOIL AREAS. • CURRENT APPROVED WV AML INVENTORY OF UNFUNDED PRIORITY 1OR 2 SITES IS $925 MILLION

  7. HEALTH AND SAFETY PROJECTS • UTILIZE REGULAR AML ALLOCATION FOR FUNDING • AML INVESTIGATES AND PLANS PROJECT, OBTAINS RIGHTS OF ENTRY, DESIGNS IN HOUSE OR PROCURES DESIGN CONSULTANT, PARTICIPATES IN BIDDING AND MONITORS CONSTRUCTION

  8. WATERLINE PROJECTS • GOVERNOR MANCHIN HAS DIRECTED WVDEP TO ELIMINATE THE WATERLINE PROJECT BACKLOG AND COMPLETE OTHER ELIGIBLE WATERLINE PROJECTS THAT RESULT FROM CURRENT OR FUTURE FEASIBILITY STUDIES • AML ANTICIPATES SPENDING APPROXIMATELY $20 MILLION PER YEAR OVER THE NEXT SEVERAL YEARS

  9. WATERLINE PROJECTS • CURRENTLY SEVEN (7) PROJECTS UNDER CONSTRUCTION AT AN AML SHARE AMOUNT OF $14 MILLION • THIRTY (30) PROJECTS HAVE BEEN DECLARED ELIGIBLE THAT ARE NOT UNDER CONSTRUCTION AT AN AML SHARE AMOUNT OF $68 MILLION • 26 FEASIBILITY STUDIES FOR ELIGIBILITY DETERMINATION ARE UNDERWAY • 17 NEW APPLICATIONS RECEIVED SINCE NOVEMBER 2008

  10. AMD SET ASIDE PROJECTS • FUND STATUS • $21.5 MILLION CURRENTLY IN THE FUND • INTEREST EARNED ON FUND HAS DECREASED FROM $40,000 PER MONTH AT THE BEGINNING OF THE FISCAL YEAR TO JUST OVER $20,000 PER MONTH PRESENTLY

  11. AMD SET ASIDE PROJECTS CURRENT PROJECTS

  12. AMD SET ASIDE FUND OBJECTIVES • SHORT TERM – BUILD CURRENT PROJECTS AND STUDY RESULTS PRIOR TO UNDERTAKING ADDITIONAL PROJECTS • LONG TERM – DO NOT BUILD BEYOND MEANS TO FUND O&M FOR TREATMENT PERPETUALLY • DEPOSIT ADDITIONAL FUNDS INTO ACCOUNT AS FINANCES AND COMMITMENTS ALLOW

  13. CONTINUING AMD SET ASIDE EXPENDITURES • BLACKWATER DOSER STATION ($85,000 THIS FISCAL YEAR) • GRASSY RUN TREATMENT DURING TYGART RIVER LOW FLOWS ($107,000 THIS FISCAL YEAR) • LIMESTONE SAND SITES • MATCHING DOLLARS AT ALBERT HIGHWALL • AGREEMENT TO ASSIST ON O&M ON UPPER DECKERS CREEK • MAINTENANCE ON EXISTING PROJECTS

  14. AMD PROJECT IDENTIFICATION AND PRIORITIZATION • ULTIMATE GOAL IN PROJECT PRIORITIZATION AND SELECTION IS THE PREDICTED RETURN OF FISHABLE MILES OF STREAMS • CURRENTLY DEVELOPING A STATEWIDE LIST OF THE AMD IMPACTED STREAMS WITH ASSISTANCE FROM THE DNR FISH BIOLOGISTS • THE STREAMS WILL BE RATED IN TERMS OF HOW GOOD AND WHAT TYPE OF FISHERY WOULD RESULT FROM SUCCESSFUL TREATMENT

  15. EMERGENCY PROJECTS • GROUP INVESTIGATES, OBTAINS EASEMENTS, PREPARES DESIGNS, BIDS AND MONITORS CONSTRUCTION FOR PROJECTS THAT OCCUR SUDDENLY AND PRESENT AN IMMEDIATE THREAT TO THE PUBLIC • AVERAGES $2 -$3 MILLION PER YEAR – PROGRAM HAS SPENT AS MUCH AS $7 MILLION IN ONE YEAR • FUNDING IS CURRENTLY IN ADDITION TO THE REGULAR GRANT FUNDING; HOWEVER, PROPOSALS FROM THE FEDERAL GOVERNMENT WOULD FUND FROM REGULAR AML GRANT

  16. THREATS TO PROGRAM • PRESIDENTS PROPOSED DRAFT BUDGET ELIMINATES FUNDING TO CERTIFIED STATES • A REVISION TO THE 2006 AMENDMENT WOULD BE REQUIRED • ALTHOUGH FURTHER DETAILS ARE NOT AVAILABLE , WV WILL SEE SOME REDUCTION IN FUNDING IF THIS PROPOSAL IS APPROVED • EMERGENCY FUNDING PROPOSAL

  17. QUESTIONS

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