ERIC J. COBERLY, P.E., CHIEF OFFICE OF ABANDONED MINE LANDS

 2006 AMENDMENT REAUTHORIZED FEE COLLECTION FOR THE AML PROGRAMS THROUGH 2022  AMENDMENT RESULTED IN A NUMBER OF POSITIVE RESULTS FOR WEST VIRGINIA PROGRAM

 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 2 ND MOST IN HISTORICAL SHARE

 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

 HEALTH AND SAFETY  WATERLINE EXTENSION OR SYSTEM UPGRADE  AMD SET ASIDE PROJECT  EMERGENCY

 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

 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

 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

 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

 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

PROJECTCOST ESTIMATEPROJECTED O&MSTATUS LAUREL CREEK DOSER $275,347STATE OF MDUNDER CONSTRUCTION PAINT CREEK$233,725$26,000/YRBIDDING ABRAMS CREEK$930,000$75-100,000/YRBIDDING THREE FORKS$684,000$172,000/YROBTAINING EASEMENTS

 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

 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

 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

 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

 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