Office of Special Reclamation

Funding Breakdown

• Coal Tonnage Fees: 78.30%
• Bond Forfeitures: 13.30%
• Civil Penalties: 4.40%
• Interest Income: 2.10%
• Other Revenues: 1.90%

Notes:

• The current tax structure deposits 15 cents of the 27.9 cents into the WTF
• The remaining 12.9 remains in the SRF.

The Office of Special Reclamation is required to reclaim mine sites that have had their permits revoked and bonds forfeited. Reclamation is to be conducted in accordance with the approved reclamation plan as submitted by the operator or modifications thereof, including actions to remediate any acid mine drainage (AMD) from the site.

Examples

Land reclamation activities may include the reclamation of:

Dangerous Impoundments

Coal Processing Plants

Refuse Piles

Dangerous High Walls

The Office of Special Reclamation is required to treat polluted mine drainage from mine sites that have had their mining permits revoked and bonds forfeited. Polluted mine drainage may be acidic with pH values less than the lower acceptable limit for water quality standards (< 6 on a standard pH scale) and high metal content, primarily iron, aluminum, and manganese, or alkaline with a higher pH (>6) and high metal content, usually iron.

Acid mine drainage, generally referred to as AMD, requires alkaline addition to raise the pH. Alkalinity is generally in the form of lime products such as limestone or hydrated lime, or other products such as sodium hydroxide, calcium hydroxide, or anhydrous ammonia.

Alkaline mine drainage, on the other hand, does not require any pH adjustments. This type of mine drainage is generally treated passively which requires ample space for treatment. If ample space is not available, alkaline mine drainage may require chemical addition in the form of oxidizers, coagulants, or polymers which enhance the settling of metal particulates resulting in clearer water.

Treating Acid Mine Drainage

The Office of Special Reclamation uses two basic approaches for treating acid mine drainage (AMD):

• Active Treatment uses a chemical neutralizing agent, such as lime or sodium hydroxide, that is added directly to the AMD at the source.

• Passive Treatment utilizes a treatment system in which the AMD passes through a neutralizing media, such as limestone, or a structure that enhances metal precipitation such as a wetland or settling pond.

West Virginia has nearly 2,500 miles of stream that are impaired by acid mine drainage (AMD). The source of impairment is primarily from abandoned mine lands (AML), which are lands that were mined and left in an unreclaimed condition prior to the enactment of the Surface Mine Control and Reclamation Act of 1977 (SMCRA). The DEP's Office of Abandoned Mine Lands & Reclamation is responsible for the restoration of these lands and waters. Although the protection of public health, safety, and property is a higher priority than water restoration is as established under SMCRA, the WV AML program began looking for more effective means of treating AMD and achieving an established goal of full stream restoration to a quality that supports fisheries. The WV AML program elected to move in a new direction and utilize in-stream active treatment. Instead of treating one source with passive treatment, WV AML would treat an entire watershed using in-stream dosers placed on tributaries impacted by AMD.

The Office of Special Reclamation (OSR) is required to treat water at each bond forfeited site with mine drainage related problems. OSR is also required to apply for and obtain National Pollutant Discharge Elimination System Permits (NPDES) at all bond forfeiture sites requiring water treatment. This requirement, at times, results in OSR discharging compliant water into dead streams.

Building upon the success of the WV AML program and their efforts to treat in-stream, thereby restoring an entire watershed, the DEP pursued an innovative “In-Stream Permit” approach that would allow OSR to treat AMD in a similar fashion to improve water quality while meeting regulatory obligations. This innovative approach would require a variance to water quality standards. The WV Legislature approved variances for two watersheds during the 2016 legislative session, and the Environmental Protection Agency (EPA) has approved the variance for one of two watersheds included in the variance application. Full approval by the EPA is anticipated. As this is a new approach, the EPA will assist DEP in drafting the in-stream permit. The variance applications and supporting documentation can be viewed in the attachments below.

Learn More

• Three Fork Creek Restoration
• Recognized AML Projects