randy huffman cabinet secretary. west virginia division of mining and reclamation lewis halstead...

Randy HuffmanCabinet Secretary

West Virginia Division of Mining and ReclamationWest Virginia Division of Mining and Reclamation

Lewis HalsteadLewis HalsteadDeputy DirectorDeputy Director

March 2009 March 2009

•Web site www.wvdep.org

E-DEP

• e-Permitting– Mandatory 1/1/09

• Mobile computing– Pilot test ongoing now in Oak Hill

• Electronic DMRs

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.

2008 Rule Changes

Pending OSM decision

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

NPDES for Coal Mining Changes

• Digital signatures

• Real Time Water Quality Control

• Clarified the requirements for obtaining compliance schedules

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;

Highlights and Issues of 2008Water 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

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

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Appalachian Regional Reforestation Initiative’s 2008 Reforestation Conference was held WV in August. Over 200 people attended

2008 Arbor Day at Black Castle

2008 Arbor Day at Fola Coal

2008 Arbor Day at ICG Eastern

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

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

POST MINE LAND USES FOR ISSUED SMA’S AND AMENDMENTS BY YEAR

Year Forestland Wildlife Hay/pasture Range Ind/Com 2007 71% 14% 8% 0% 6%  2006 81% 10% 7% 2% 0%  2005 76% 7% 9% 4% 4% 

TREES PLANTED ON MINED LANDS BY YEAR

• 2008 3,347,000

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• 2007 3,500,000

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• 2006 2,500,000

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• 2005 1,800,000

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 State’s 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

OSM Oversite/Technical Assistance

THANKS