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STATUS OF WEST VIRGINIA’S AML PROGRAM

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

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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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