Annual report

              About the Cover Photos:
The cover photos are of the Interstate Mining Compact Commission's 2009 Kenes C. Bowling
National Reclamation Award winners. The photo on the left is: Iluka Resources, Inc. - Old Hickory
Operation (Virginia), winner in the Noncoal Category. On the right is: Peabody Energy and Black
Beauty Coal Company - Viking Mine (Indiana), winner in the Coal Category.
Chairman's Message
As Chairman of the Interstate Mining Compact Commission (IMCC) for 2009, it is my
pleasure to submit to you the Commission's annual report. The past year has been an
eventful and challenging one for the Compact. Perhaps the most far-reaching was a
Memorandum of Understanding (MOU) between the U.S. Environmental Protection Agency, the
U.S. Department of the Interior and the U.S. Army Corps of Engineers which sought to reduce
"the harmful environmental consequences of surface coal mining operations in six Appalachian
states, while ensuring that future mining remains consistent with federal law." Out of this MOU
have grown several policy and rulemaking initiatives, one of which would redefine federal
oversight of state regulatory programs under the Surface Mining Control and Reclamation Act
(SMCRA). IMCC has been at the forefront of protecting the interests of the states and
articulating our concerns about the impact of these new directions on state/federal relations.
The year 2009 also saw continuing challenges with respect to federal funding for state
regulatory programs, particularly as both the federal budget and state budgets continue to reel
from the economic downturn of recent years. These funding challenges will likely continue
unabated in the coming years and IMCC will need to be vigilant and consistently engaged in the
battle to hold the bottom line.
IMCC spent considerable time on noncoal/hardrock mining issues during the past year as
well, hosting a "Summit of the States on the Regulation of Non coal Minerals" in November and
providing state input on Mining Law reform legislation and Good Samaritan protection for
liability associated with abandoned hardrock mining reclamation work. IMCC was also engaged
on several other key issues for the states including mine placement of coal combustion by-products,
mine safety and health, and financial responsibility requirements for mining operations
under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
It has been my privilege to serve as your Chairman during the past year. I encourage all of
the states to continue their active support of the Compact as we strive to advance the protection
of our natural resources while maintaining an efficient and productive mining industry.
John Hoeven
Governor of North Dakota
Chairman
Interstate Mining Compact Commission
2009 Annual Report
of the
Interstate Mining Compact Commission
Gregory E. Conrad
Executive Director
Beth A. Botsis
Director of Programs
445-A Carlisle Drive
Herndon, Virginia 20170
Phone: 703.709.8654
Fax: 703.709.8655
Web Site:
http://www.imcc.isa.us
E-Mail:
gconrad@imcc.isa.us
bbotsis@imcc.isa.us
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IMCC: 2009 Annual Report
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Table of Contents
2009 Officers .
History and Purpose of the Compact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Report of the Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Standing Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
Activities of the Standing Committees 10
Committees and Committee Chairmen and Vice Chairmen for 2010 13
Yearly Commission Meetings 14
Officers Elected for 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
Resolutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Financial Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Member State Permitting Data 27
Member State Reclaimed Land Use Data 31
2009 Kenes C. Bowling Reclamation Award Winners 33
Photo Section - 2009 Kenes C. Bowling Reclamation Award Winners 34
2009 Mineral Education Award Winners 35
2009 IMCC Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
2010 Commissioners and Their Representatives 45
2009 Officers
Governor John Hoeven
North Dakota - Chairman
Governor David A. Paterson
New York- Vice Chairman'
Governor Phil Bredesen
Tennessee - Treasurer
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IMCC : 2009 Annual Report
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IMCC : 2009 Annual Report
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History and Purpose of the Compact
The Southern Governors' Conference
Meeting in San Antonio, Texas in 1964
recognized and came to grips with the
problems of surface mining. Governor Edward
R. Breathitt of Kentucky and Governor Bellman
of Oklahoma sponsored a resolution which in
part read: "Whereas the Council of State
Governments sponsored an interstate
conference, in which surface mining problems
of the states were reviewed, and whereas such
conference underlined the desirability of action
by industry to utilize techniques designed to
minimize waste of our natural resources and the
desirability of action by the states to assure
adherence to sound standards and procedures by
the mining industry: Now, therefore, be it
resolved by the Southern Governors'
Conference that the Council of State
Governments be requested to assist
representatives of the states in which surface
mining takes place in exploring the possible role
of interstate action, through Compact and
otherwise, in this field."
The Interstate Mining Compact
Commission (IMCC) was thus conceived and
Kentucky became its first member followed by
Pennsylvania and North Carolina. With the
entry of Oklahoma in 1971, the Compact was
declared to be in existence and operational. In
February 1972, permanent headquarters were
established in Lexington, Kentucky and an
executive director was retained. Since that time,
twenty additional states - West Virginia, South
Carolina, Maryland, Tennessee, Indiana,
Illinois, Texas, Alabama, Virginia, Ohio,
Louisiana, Arkansas, New Mexico, Missouri,
New York, North Dakota, Utah, Wyoming,
Alaska and Colorado - have become members.
New Mexico withdrew from the Compact in
1991 as a full member but rejoined as an
associate member in 2000. New Yorkjoined the
Compact as its first associate member state in
1994. Since then the following states have also
joined as associate members: North Dakota
(2000), Utah (2004), Wyoming (2005), Alaska
(2006), and Colorado (2007). New York and
North Dakota are now full members.
The Mining Compact is designed to be
advisory, not regulatory in nature, and its
defined purposes are to:
~ Advance the protection and restoration
of the land, water, and other resources,
affected by mining;
Assist in the reduction or elimination or
counteracting of pollution or
deterioration of land, water, and air
attributable to mining;
Encourage (with due recognition of
relevant regional, physical, and other
differences) programs in each of the
party states which will achieve
comparable results in protecting,
conserving, and improving the
usefulness of natural resources, to the
end that the most desirable conduct of
mining and related operations may be
universally facilitated;
Assist the party states in their efforts to
facilitate the use of land and other
resources affected by mining, so that
such may be consistent with sound land
use, public health, and public safety,
and to this end study and recommend,
wherever desirable, techniques for the
improvement, restoration, or protection
of such land and other resources; and
Assist in achieving and maintaining an
efficient and productive mining industry
and increasing economic and other
benefits attributable to mining.
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IMCC :2009 Annual Report
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Report of the Executive Director
Bymost accounts, the year 2009 was one of
the busiest and most intense on record for
those involved with congressional and
government affairs work in Washington, DC.
With the advent of a new Administration, a
myriad of new initiatives were unveiled, many of
which directly impacted state governments. Of
course, the states were still reeling from the
economic downturn of the past two years and as a
result were attempting to do more with less in the
way of personnel and resources. When combined
with a heightened focus on environmental issues
ranging from the impacts of mountaintop mining
to the handling of coal combustion by-products, it
was guaranteed that 2009 would be a challenging
and hectic year for the Interstate Mining Compact
Commission (IMCC). The member states rose to
the occasion and invested significant time and
effort in advancing our positions and perspectives
on key issues of importance for the states, as
detailed below.
One of IMCC's first priorities in 2009
was to engage with the new Administration as a
follow on to the Transition Team Reports that we
submitted in late 2008 following the election. The
first of these meetings occurred on February 10
when IMCC met with Glenda Owens, Acting
Director of the Office of Surface Mining (OSM)
within the U.S. Department of the Interior to
discuss issues of concern to the states. The second
meeting occurred on June 22 when a group of
IMCC member states (VA, WV, OH, PA, IN, CO
and WY) met with staff from the Interior Branch
of the Office of Management and Budget (OMB)
in Washington, DC. Topics of discussion included
the Administration's proposal to amend the
Surface Mining Control and Reclamation Act
(SMCRA) to eliminate funding to certified states
and tribes for abandoned mine land (AML)
reclamation work and federal funding for state
Title IV (AML) and Title V (regulatory) grants.
On the afternoon of June 23"1, this same group
met with Ned Farquhar, Deputy Assistant
Secretary for Land and Minerals Management
within the Department of Interior (001). Mr
Farquhar was joined by Glenda Owens, Acting
Director of OSM, and Mike Poole, Acting
Director of the Bureau of Land Management.
Topics of discussion included, in addition to those
raised with OMB, federal/state relations under
SMCRA (including federal oversight of state
programs); key OSM rulemakings; Mining Law
Reform; Good Samaritan legislation; and current
and future challenges for 001 and the states. In
preparation for this meeting, IMCC met with Mr.
Farquhar on May 21 to introduce him to IMCC
and explore the potential for a future meeting with
the states. On the morning of June 23rd
, the IMeC
representatives held a briefing for interested
congressional staff on all of these same issues. In
addition to IMCC, some of the state attendees also
represented the National Association of
Abandoned Mine Land Programs (NAAMLP),
with whom IMCC coordinated the
meetings/briefings.
IMCC met with OSM officials at both of
IMCC's official meetings during the year - in
Anchorage, Alaska on April 28 and in Denver,
Colorado on November 19. At the latter meeting,
IMCC was joined by newly appointed OSM
Director Joe Pizarchik. IMCC also held several
informal meetings with OSM staff throughout the
year, including conference calls with OSM's
acting Director and regional directors. IMCC also
submitted letters to the Secretaries of Interior and
Agriculture on February 24 regarding the hardrock
AML reclamation work that the states and tribes
were prepared to undertake as part of the
economic recovery plan.
The year began with a flurry of
congressional activity surrounding the coal ash
spill at the Tennessee Valley Authority's Kingston
Fossil Plant in Roane County, Tennessee on
December 22, 2008. Among other hearings, the
Subcommittee on Energy and Mineral Resources
of the House Natural Resources Committee held a
hearing on February 12,2009 on a bill (H.R. 493)
introduced by Committee Chairman Nick Rahall
(0-WV) entitled the "Coal Ash Reclamation,
Environment and Safety Act of 2009". IMCC
attended the hearing and submitted a statement for
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the record detailing the states' concerns and
recommendations on the bill. IMCC also sent a
letter to Lisa Jackson, Administrator of the U.S.
Environmental Protection Agency (EPA) on
March 26, 2009 in which we set forth the position
of the states with regard to the regulation of mine
placement of coal combustion by-products at
active and abandoned coal mines.
Also at the end of 2008, the Office of
Surface Mining released a draft proposed rule on
the regulation of coal combustion by-products at
mines. IMCC facilitated a conference call of
interested and affected states to discuss the draft
rule on January 29 with 33 states participating on
the call. During the call, the states presented their
concerns about the nature and direction of the rule
to OSM officials. In a related matter, IMCC had
the opportunity to present a paper titled "Recent
Legislative and Regulatory Developments re the
Use of Coal Combustion By-products in Mine
Reclamation" to the Coal Combustion Products
Extension Program at Ohio State University in
Columbus, Ohio on May 20. IMCC sent a letter to
Peter Orszag, Director of the Office of
Management and Budget, on November 3
regarding a draft proposed rule by EPA
concerning the disposal of coal combustion waste
at surface impoundments and landfills and the
potential impacts of the rule on minefilling
applications of CCW. IMCC also participated in a
meeting on November 12 with OMB to discuss
EPA's rule, which was expected to be released in
late 2009.
Another controversial issue that saw
considerable attention during the year was
mountaintop mining and the associated use of
valley fills. On June 4, the Interior Department,
EPA and the U.S. Army Corps of Engineers
published a Memorandum of Understanding
(MOU) that included a number of short and long
term actions designed to significantly reduce the
harmful environmental consequences of
Appalachian surface coal mining operations.
Among the various action items, several related to
the Office of Surface Mining, including vacating
the agency's stream buffer zone rule and
replacing it with guidance clarifying the
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IMCC :2009 Annual Report
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application of the 1983 rule; reevaluating federal
oversight of state permitting, state enforcement
and regulatory activities under SMCRA; and
removing impediments to OSM's ability to correct
permit defects in primacy states. Pursuant to
IMCC's request, OSM initiated a series of
state/federal meetings to develop draft discussion
papers on key oversight issues related to the
MOD. Those meetings, which IMCC helped to
coordinate, were held in Washington, DC on
August 11 - 13 and September 1 - 3. A conference
call of the participating states was held on August
26 to prepare for the second meeting. Following
the release of OSM's oversight improvement
action document on November 19, IMCC sent a
letter to the Secretary of the Interior and the
Chairman of the Counci I on Environmental
Quality on December 8 regarding the states'
concerns with the document and requesting further
meetings to discuss the matter. IMCC also filed
comments with OSM regarding an advance notice
of proposed rulemaking regarding stream buffer
zones on December 30. This was preceded by a
conference call of the IMCC Environmental
Affairs Committee (Coal Section) on December 9
to discuss and prepare our comments.
On a related issue, IMCC facilitated a
conference call of interested and affected states on
February 5 to discuss various water quality
implementation issues under SMCRA and the
Clean Water Act. A total of 25 persons
participated on the call, during which several
topics were addressed including: a proposed rule
by EPA that would set new turbidity requirements
potentially applicable to abandoned mine land
construction projects; a U.S. District Court case
from West Virginia that would mandate National
Pollutant Discharge Elimination System (NPDES)
permits at bond forfeiture sites operated or
overseen by the states; and the definition of
"material damage" in the SMCRA permitting
process. As a follow on to these discussions,
IMCC held a conference call of the Environmental
Affairs Committee (Coal Section) on June 30 to
discuss the potential of IMCC preparing and
submitting an amicus curiae brief in the appeal of
the West Virginia district court decision.
Following approval by the Committee, the brief
4
was prepared by Richard Morrison of the
Commonwealth of Pennsylvania on behalf ofthe
Compact. The brief supports the appeal lodged by
the West Virginia Department of Environmental
Protection before the u.s. Court of Appeals for
the Fourth Circuit. A conference call of legal
counsel from Pennsylvania and West Virginia to
discuss the amicus brief was held on August 24.
IMCC also submitted formal comments to EPA
on February 23 regarding its proposed rule on
turbidity.
IMCC continued its efforts throughout
2009 to secure and maintain federal funding for
state regulatory programs under SMCRA (Title V
grants) and for the abandoned mine land programs
administered by the states (Title IV grants).
IMCC submitted a statement for the record on
May 15 regarding OSM's proposed Fiscal Year
(FY) 2010 budget, advocating for increases in
funding for these two programs and for the AML
emergency program (which was targeted for
elimination by OSM). During the year, IMCC
engaged in regular contacts with congressional
staff on the status of the FY 2010 funding bill for
the Interior Department, which was ultimately
approved on October 30. In the end, the states
received an additional $5.8 million for Title V
grants; the AML emergency program was funded
for at least one more year; a provision was added
to allow AML funds to be used as non-federal
match for acid mine drainage restoration projects;
and we turned back an effort to amend SMCRA to
eliminate AML funding for certified states and
tribes.
Soon after the 111th Congress convened in
January of2009, Mining Law Reform legislation
was once again introduced by House Natural
Resources Committee Chairman Nick Rahall
(H.R. 699) and Senate Energy and Natural
Resources Committee Chairman Jeff Bingaman
(S. 796). A hearing on S. 796 was held on July 14
by the Senate Energy and Natural Resources
Committee and IMCC submitted a statement for
the record concerning state perspectives and
recommendations on the bill. A conference call of
interested states was held on May 28 to discuss
the pending legislation in preparation for IMCC's
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IMCC :2009 Annual Report •
submission of comments on the bill. Related bills
concerning a hardrock AML program were also
introduced in the Senate (S. 140 and S. 1570) and
in the House (H.R. 3201). Legislation to provide
"Good Samaritan" liability protection under the
Clean Water Act for hardrock AML reclamation
work was also introduced in the House (H.R.
3202) and the Senate (S. 1777). IMCC met with
representatives from the Commonwealth of
Pennsylvania, Trout Unlimited and several
Pennsylvania watershed groups on October 15 to
discuss the potential of expanding the pending
Good Sam legislation to include coal AML
projects. IMCC also met with Doug Young of
Senator Mark Udall's staff at the Mid-Year
meeting in Denver on November 18 to discuss the
status of Good Sam legislative efforts. IMCC also
sent a letter to Senator Mark Udall on November
24 in support of S. 1777.
Following on its prior years of success,
IMCC developed, hosted and facilitated yet
another benchmarking workshop on October 28
and 29 in Chicago concerning electronic
permitting and mobile computing. A total of 56
state and federal agency personnel attended the
workshop, which received an overall rating of 4.5
out of 5 for value and effectiveness. The
workshop presenters met via conference call on
February 3, March 19, July 23 and September 17
to develop the final agenda for the workshop.
IMCC also facilitated a workshop session at the
2009 annual conference of the National
Association of Abandoned Mine Land Programs
in Rogers, Arkansas on September 28 that focused
on OSM's initiative to require states and tribes to
revise their state AML reclamation plans to reflect
changes in both SMCRA and OSM's rules
resulting from the 2006 Amendments to the Act.
Approximately 45 state and federal agency
personnel attended the workshop, which included
presentations by OSM and four state/tribal
representati ves.
IMCC also developed, hosted and
facilitated a "Summit of the States on the
Regulation of Non coal Minerals" on November 17
and 18 in Denver, which was held in conjunction
with the Mid-Year Meeting. The Summit was a
5
follow up to IMCC's recently updated Noncoal
Minerals Report. The steering committee that
assisted in the development of the agenda for the
Summit met via conference call on February 4,
July 29 and October 14. A total attendance of
approximately 40 state and federal agency
personnel attended the Summit which received an
overall rating of 4.5 out of 5.
IMCC continues its close working
relationship with the National Association of
Abandoned Mine Land Programs (NAAMLP),
assisting the organization with both legal counsel
and congressional and regulatory affairs support.
IMCC staff attended the 2009 Winter Meeting of
the NAAMLP in Oklahoma City from March 16 -
18 and provided several updates at the meeting,
including the final AML rules, the economic
stimulus legislation, the FY 2009 and 20 I0
budgets, and a proposal to eliminate funding to
certified states and tribes beginning in FY 2010.
With regard to the latter issue, and in preparation
for the Oklahoma City meeting, IMCC facilitated
a conference call of several IMCC and NAAMLP
member states on March 6. IMCC also
participated in a conference call of the NAAMLP
Hardrock AML Committee on March 10. IMCC
staff also attended the 2009 NAAMLP annual
conference in Rogers, Arkansas from September
27 - 30. IMCC provided several updates at the
meeting, including OSM's initiative to require
states to revise their AML plans, Good Samaritan
Legislation, Mining Law reform, and federal
oversight of state programs. IMCC also sent a
letter to Interior Secretary Ken Salazar jointly
with the NAAMLP on November 3 concerning
OSM's initiative to require states to amend/revise
their AML reclamation plans.
Throughout the course of2009, IMCC
partnered with OSM and the U.S. Fish and
Wildlife Service to develop and distribute
guidelines for Indiana Bat Protection and
Enhancement Plans. IMCC was represented on a
Task Force that was responsible for developing
the guidelines by the states ofIndiana, West
Virginia and Kentucky. Conference calls of all the
parties were held on February 19 and June 11 to
finalize the guidelines and discuss a roll out
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IMCC :2009 Annual Report
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protocol for the guideline document, which was
finally released to the public on September 2.
IMCC has also been working with OSM on the
development of an interactive forum on
"Protecting Threatened Bats at Coal Mines", to be
held in August of2010. IMCC will coordinate a
panel presentation by several states regarding their
progress in utilizing the guidelines mentioned
above. Conference calls of the steering committee,
on which IMCC serves, were held on June 4, July
22, October 13, November 10 and December 10.
IMCC facilitated a conference call of
interested and affected states on January 28 to
discuss an EPA project concerning financial
responsibility requirements for certain mining
operations under Section 108 of the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). A
total of 35 states and federal agency
representatives participated on the call. It is
anticipated that EPA will issue a proposed rule on
the matter sometime in late 2010 or early 2011.
IMCC continued its involvement
throughout 2009 as a member ofOSM's National
Technology Transfer Team (NTTT), among
whose purposes is the coordination of activities of
the National Technical Training Program (NTTP)
and the Technical Innovation and Professional
Services (TIPS) program. The NTTT also assists
with the screening and selection of applied science
proposals that compete for OSM's research
funding each year. Conference calls of the NTTT
were held on January 8, February 12, March 5,
April 9, June 8, July 8, September 10, October 14
and December 8. IMCC also continues to playa
lead role with regard to the work of the Acid
Drainage Technology Initiative (ADTI), working
with Keith Brady of Pennsylvania who serves as
IMCC's representative. Conference calls were
held on June 15, September 15 and October 20.
In addition to those mentioned above,
several IMCC Committees met during the year, as
follows:
• The IMCC Awards Committee met via
conference call on March 12 to select
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•
winners of the IMCC national
reclamation awards for 2009.
The IMCC Education Work Group met
via conference call on March 16 to select
winners of the IMCC national minerals
education awards. The Work Group also
prepared a minerals education calendar
for 2009 for use in schools to enhance
learning about mineral development and
reclamation. The calendar consists of
information about a "mineral of the
month" and includes a mining education
"activity of the month" that can easily be
used by educators. IMCC printed and
distributed 2,000 copies of the calendar
by the end of January 2009.
The IMCC Finance Committee met via
conference call on April 14 to review
IMCC staff performance reviews and
develop recommendations for IMCC staff
compensation adjustments for FY 2010.
•
IMCC helped to coordinate and
participated in the Mid-Continent regional
OSM/States meeting held on June I - 3 in St.
Louis, Missouri, at which several key regulatory,
technical and policy issues were discussed. IMCC
also helped to coordinate and participated in the
Appalachian regional OSM/States meeting held
on June 9 and 10 in Pittsburgh, at which similar
issues were discussed. IMCC also attended the
Powell River Project Annual Dinner and
Reclamation Tour on September 9 and lOin Big
Stone Gap, Virginia.
With respect to federal grants and
contracts, IMCC continued its work pursuant to a
contract with OSM to provide legal research
services to the states through COALEX. IMCC
facilitated a $50,000 contract extension for Joyce
Scali to continue her work on behalf of the states.
IMCC completed its work under a contract with
OSM to develop and facilitate benchmarking
workshops and hoped to secure additional funding
for future workshops before year's end. OSM
continues to provide limited travel assistance for
those states that require such assistance to attend
the workshops.
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IMCC :2009 Annual Report
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Throughout the year, several states took
advantage of the opportunity to utilize the services
of IMCC to solicit information or data from sister
states on issues of concern. IMCC polled the
member states and gathered information on the
topics of underground injection/water withdrawal
from pre-l 992 underground works and its effects
on subsidence (for Alabama); rights of
lessors/landowners on surface coal mining
permitted lands (for Illinois); compliance with the
National Historic Preservation Act as part of the
permit review process (for Ohio); baseline
sampling standards for coal combustion by-product
placement at mines (for Alabama); federal
oversight of state regulatory programs (for IMCC
and OSM); state Title V matching requirements
(for IMCC); and mine placement of coal
combustion by-products (for IMCC). IMCC also
provided information to Ohio concerning the
United Mine Workers Combined Benefit Fund.
On the membership front, IMCC spent the
majority of its time during the year working with
current member states to help justify their
continued membership in IMCC and/or dues
payments in light of the current fiscal crisis facing
many states. We anticipate that this activity will
continue to escalate in the coming months as
states actively review their membership in
organizations such as IMCC. Conversations
continue with Montana, Mississippi, Kansas and
California regarding potential membership. We
also stand prepared to work with existing
associate member states to pursue legislation
bringing them in as full members. In this regard,
we helped to develop legislative proposals for
New Mexico and Alaska that may see action
during 2010.
As the year drew to a close, IMCC was
poised to engage on several key issues for the
states that will likely make 2010 every bit as
challenging as 2009. The Office of Surface
Mining appears to be moving forward
aggressively with enhancements to its federal
oversight program, many of which may potentially
reverse or undermine the proactive efforts that
have been undertaken over the past 15 years to
establish an effective state/federal working
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IMCC :2009 Annual Report •
relationship under SMCRA. Federal budgets are
getting tighter and more restrictive, which
portends a significant struggle for the states to
maintain funding levels for state programs. New
rulemaking initiatives by OSM, EPA and other
federal agencies will require vigilance by the
states in terms of the potential impacts on our
regulatory programs, particularly where
permitting of mining operations is concerned.
And as states work diligently to climb out of the
fiscal doldrums they have recently faced, we are
likely to see reinvention and restructuring within
the states that will challenge the way they do
business with the federal government and
organizations like IMCC.
At our recent annual meeting, we
discussed the ways in which IMCC must continue
to establish its relevance as a viable, meaningful
organization. Based on our discussions, I am
confident that, as in the past, the states will
remain committed to the purposes and objectives
of the Interstate Mining Compact Commission
and will continue to support the excellent work
that we have accomplished through the
organization over the years. We may need to
tighten our belts, reprioritize our initiatives and
even revisit how we do our business, but in the
end, I know we will persevere and serve the
interests of the states well. As always, Beth and I
appreciate the commitment and support we
receive from the member states and your
willingness to go the extra mile to advance our
cause.
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IMCC :2009 Annual Report •
Standing Committees
Environmental Affairs Committee
Coal Section
John Husted, Ohio, Chairman
Noncoal Section
Bruce Stevens, Indiana, Vice Chairman
James Simons, North Carolina, Chairman Mike Larsen, Missouri, Vice Chairman
Abandoned Mine Lands Committee
Bradley "Butch" Lambert, Virginia, Chairman Michael Skates, Alabama, Vice Chairman
Mine Safety and Health
Joseph Sbaffoni, Pennsylvania, Chairman Ron Wooten, West Virginia, Vice Chairman
Finance and Administrative Committee
Paul Schmierbach, Tennessee, Chairman C. Edmon Larrimore, Maryland, Vice Chairman
Resolutions Committee
James Deutsch, North Dakota, Chairman Steven Potter, New York, Vice Chairman
Awards Committee
Scott Fowler, Illinois, Chairman Mary Ann Pritchard, Oklahoma, Vice Chairman
(Members of the 2009 Awards Committee: Illinois, Oklahoma, Arkansas, South Carolina, Ohio)
Legal Advisor
Russell Hunter, West Virginia
Minerals Education Work Group
Wendy Hamilton, South Carolina, Chairman
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IMCC :2009 Annual Report
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Activities of the Standing Committees
Finance and Administrative
Committee
The committee met on two occasions
during 2009. On April 29 the committee
met in Anchorage, Alaska in conjunction
with the Compact's Annual Meeting. The
committee reviewed the Compact's current
financial condition; reviewed and approved the
proposed Fiscal Year 2010 budget; and
discussed recommendations of the Compact's
Compensation and Benefits Review Committee.
On November 18, the committee met in
Denver, Colorado. The committee reviewed the
Compact's current financial condition and
reviewed and approved the Compact's Fiscal
Year 2009 Audit.
Resolutions Committee
The committee met jointly with the
Finance and Administrative Committee
twice in 2009. On April 29 in Anchorage,
Alaska, the committee recommended approval
of four resolutions of appreciation. (See
Resolutions section ofthis Annual Report.)
On November 18 in Denver, Colorado,
the committee recommended adoption of five
resolutions. They included one resolution
recognizing and congratulating Joe Pizarchik as
the new Director of the Office of Surface
Mining, and four resolutions of appreciation.
(See Resolutions section of this Annual Report.)
Environmental Affairs
Committee - Coal Section
The Coal Section of the Environmental
Affairs Committee met on April 28, 2009
in Anchorage, Alaska in conjunction with
the Compact's Annual Meeting. Among the
topics discussed were: a presentation by the
Acting Director of the Office of Surface Mining
(OSM) regarding the Obama Administration's
priorities and recent activities affecting mining;
OSM's Fiscal Year (FY) 2009 appropriation and
FY 2010 budget request; pending OSM
rulemaking initiatives regarding coal
combustion by-products, the Ownership and
Control Rule, stream buffer zones, valid existing
rights, and remining; permitting issues
associated with mountaintop mining operations
and bond forfeiture sites; development of an
Indiana Bat Guidance Document; OSM's Title
IV and Title V Government Performance and
Results Act (GPRA) measures; OSM proposals
approved via the Applied Science Program;
blasting; underground injection of coal slurry;
activities of the National Coal Mining
Geospatial Committee; IMCC's upcoming
Benchmarking Workshop on E-Permitting and
Mobile Computing; and upcoming regional
OSM/States Meetings.
On November 19,2009, the committee
met in conjunction with the IMCC Mid-Year
Meeting in Denver, Colorado. Among the topics
discussed were: OSM's FY 2010
appropriations; pending OSM rulemaking
initiatives on stream buffer zones, mine
placement of coal combustion by-products, and
the Ownership and Control Rule; OSM's GPRA
measures for Title IV and Title V programs;
Clean Water Act issues relating to SMCRA; and
the status of the Indiana Bat Guidance
Document.
Environmental Affairs
Committee - Noncoal Section
The Noncoal Section of the Environmental
Affairs Committee met twice in 2009. On
April 27 in Anchorage, Alaska, the
committee met in conjunction with the
Compact's Annual Meeting. The committee met
again on November 18 in Denver, Colorado in
conjunction with the Mid-Year Meeting. Topics
discussed at the April 27 meeting included:
recent legislative efforts to reform the Mining
10
Law of 1872; an update on IMCC's Noncoal
Minerals Summit of the States scheduled to be
held in conjunction with IMCC's 2009 Mid-
Year Meeting; the Environmental Protection
Agency's (EPA) initiative regarding the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)
108 financial assurance requirements; and the
status of EPA's consideration of regulations for
minefilling operations at noncoal sites. IMCC
member states also engaged in a roundtable
discussion of recent regulatory developments in
the noncoa1 sectors oftheir individual states.
Topics of discussion at the committee
meeting held on November 18 included: status
of recent efforts to reform the Mining Law of
1872; status of Good Samaritan Legislation (S.
1777 and H.R. 3202); status of Office of Surface
Mining (OSM) and EPA Rulemakings regarding
Coal Combustion Wastes; reactions to and
results ofthe IMCC Summit ofthe States on the
Regulation of Noncoal Minerals which preceded
the Mid-Year Meeting; an update on EPA's
consideration of regulations for minefilling
operations at noncoal sites; and venting of coal
mine methane and its alleged contribution to
global warming. Alaska state staff also provided
an overview of key mining issues for the state.
Abandoned Mine Lands
Committee
The Abandoned Mine Lands (AML)
Committee met jointly with the Coal
Section of the Environmental Affairs
Committee on two occasions - April 28 in
Anchorage, Alaska and November 19 in Denver,
Colorado. At the April 28 meeting, the
committee discussed the following topics: a
presentation by the Acting Director of the
Office of Surface Mining (OSM) regarding the
Obama Administration's priorities and recent
activities affecting mining; OSM's Abandoned
Mine Lands (AML) Final Rule and proposed
revisions to the Federal Assistance Manual
(FAM); OSM's AML-l Directive; legislative
activity regarding the 2006 AML Amendments;
••
IMCC :2009 Annual Report
•
and OSM's Fiscal Year (FY) 2009 appropriation
and FY 2010 budget.
At the November 19 meeting, topics
discussed included: OSM's final rule on
amendments to the Surface Mining Control and
Reclamation Act (SMCRA) regarding the AML
program; OSM's Regional Directors' letters to
states pursuant to Part 884 of OSM' s rules
concerning potential changes to state/tribal
AML reclamation plans in the final AML rules;
Secretary ofInterior Salazar's response to
Senator Bingaman concerning the availability
and use of prior balance AML funds for noncoal
reclamation projects; and OSM's FY 2010
appropriation.
Mine Safety & Health Committee
The Mine Safety & Health Committee met
jointly with the Noncoal Section of the
Environmental Affairs Committee on two
occasions in 2009 - on April 27 in Anchorage,
Alaska in conjunction with the Compact's
Annual Meeting, and on November 18 in
Denver, Colorado in conjunction with IMCC's
Mid-Year Meeting. Topics of discussion at the
April 27 meeting included: status of the
workforce; training; use of contract miners; the
Mine Safety and Health Administration's
(MSHA) final rules on mine seals and refuge
alternatives/wireless tracking; increased MSHA
enforcement activity; and state interaction with
MSHA.
Topics discussed at the November 18
meeting included: states' concerns regarding
micro-management by MSHA and an IMCC
meeting to be scheduled with MSHA officials in
2010 to discuss federal/state issues.
Awards Committee
The Awards Committee met via
conference call on March 12,2009 to
select winners of the 2009 Kenes C.
Bowling National Mine Reclamation Awards.
The Education Work Group met via conference
JJ
••
IMCC :2009 Annual Report
•
call on March 16, 2009 to select winners of the
2009 lMee National Minerals Education
Awards. The reclamation award recipients, and
photos ofthe winning sites, are listed elsewhere
in this Annual Report. The awards were
presented at the Annual Awards Banquet on
April 28, which was held in conjunction with
lMee's Annual Meeting in Anchorage, Alaska.
The National Mineral Education
Awards were also presented at the April 28
Awards Banquet. The education award
recipients are also listed elsewhere in this
Annual Report.
NOTE: For other committee meetings during
the year, see the Report of the Executive
Director.
12
••
IMCC :2009 Annual Report •
Committees and Committee Chairmen and
Vice Chairmen for 2010
Environmental Affairs Committee
Coal Section
Bruce Stevens, Indiana, Chairman James Stephens, Arkansas, Vice Chairman
Noncoal Section
Mike Larsen, Missouri, Chairman Kent Coleman, South Carolina, Vice Chairman
Abandoned Mine Lands Committee
Michael Skates, Alabama, Chairman James Deutsch, North Dakota, Vice Chairman
Mine Safety and Health
Ron Wooten, West Virginia, Chairman Johnny Greene, Kentucky, Vice Chairman
Finance and Administrative Committee
C. Edmon Larrimore, Maryland, Chairman Bruce Stevens, Indiana, Vice Chairman
Steven Potter, New York, Chairman Vacant, Vice Chairman
Resolutions Committee
Awards Committee
Mary Ann Pritchard, Oklahoma, Chairman Dale Bergquist, Louisiana, Vice Chairman
(Members of the 2010 Awards Committee: Oklahoma, Louisiana, New Mexico, Kentucky, Pennsylvania)
Legal Advisor
Richard Morrison, Pennsylvania
Minerals Education Work Group
Dean Spindler, Illinois, Chairman
Yearly Commission Meetings
2009 Annual Meeting -
Anchorage, Alaska
The 2009 Annual Meeting was held at The
Captain Cook Hotel in Anchorage,
Alaska from April 26 - 29, 2009. The
following member states were in attendance:
Alaska, West Virginia, Virginia, Arkansas,
Illinois, Indiana, New Mexico, Wyoming,
Alabama, Texas, Missouri, Louisiana, and North
Dakota. Total attendance was approximately 38
persons consisting ofIMCC members, other
state representatives, federal officials, and
industry representatives. The meeting was
highlighted by a general session, committee
meetings, the annual commission business
meeting, social receptions, and the annual
awards banquet.
The meeting began with welcome
remarks by Rosanne Hughes, Director of
External Communications for Governor Sarah
Palin who opened the General Session on April
27. Speakers and topics covered during the
session included: Bob Swenson, Director and
State Geologist for Alaska Division of
Geological and Geophysical Services: "An
Overview of Mining, Development, and
Exploration Activities in Alaska"; Steve Borell,
Executive Director, Alaska Miners Association:
"The Economic Impacts of Mining to Alaska";
and Bartly Coiley, Manager, Environmental
Affairs, Usibelli Coal Mine, Inc.: "Unique
Aspects of Mining in Alaska".
IMCC's Standing Committee meetings
commenced in the late morning of April 27 (see
Activities of the Standing Committees). In the
evening attendees enjoyed Alaska's scenery
during a social reception onboard the Alaska
Railroad.
The Standing Committee meetings
resumed on the morning of April 28 and
continued throughout the afternoon. At a
banquet that evening, the IMCC presented its
2009 National Reclamation and Minerals
••
IMCC :2009 Annual Report
•
Education Awards. (see Awards section later in
this report for details.)
The Commission's annual business
meeting was held on April 29. The meeting was
chaired by James Deutsch on behalf of the
Compact's Chairman, Governor John Hoeven of
North Dakota. Subjects of action and discussion
included: the Executive Director's Report (see
Report of the Executive Director); standing
committee reports (see Activities of the Standing
Committees); IMCC's State Program
Benchmarking Initiative; IMCC's reclamation
and education awards programs and potential
for addition of an award to recognize state
agency personnel; Obama Administration
initiatives impacting the mining sector; and
future IMCC meetings. In addition, four
resolutions were adopted at the meeting and are
contained in the Resolutions section of this
Annual Report.
2009 Mid- Year Meeting -
Denver, Colorado
The Mid-Year Executive Commission
Meeting of the IMCC was held in
Denver, Colorado at the Curtis Hotel,
November 18 - 19,2009. Committee meetings
were held on November 18. A social reception
was held that evening. Committee meetings
resumed the morning of November 19.
Following a luncheon, the commission's
business meeting concluded the meeting. The
business meeting was chaired by James Deutsch
on behalf of the Compact's Chairman, Governor
John Hoeven of North Dakota. Among the
topics addressed at the meeting were: an
Executive Director's Report (see Report of the
Executive Director); reports from standing
committees ofthe Compact (see Activities of
Standing Committees); election of officers for
2010; appointment of committee chairs for
2010; and future IMCC meetings. In addition,
five resolutions were adopted at the meeting and
are contained in the Resolutions section of this
Annual Report.
14
Officers Elected for 2010
Chairman:
Governor David A. Paterson
New York
Vice Chairman:
Vacant
Treasurer:
Governor Martin 0'Malley
Maryland
••
IMCC :2009 Annual Report
•
15
••
IMCC :2009 Annual Report •
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, throughout the years the Interstate Mining Compact Commission has been privileged to
hear many excellent speakers at its meetings; and
WHEREAS, it is through these speakers that the Commission is able to keep abreast of new
developments, new policies, and new technology in the fields of mining and environmental protection;
and
WHEREAS, the speakers who addressed the Commission's Annual Meeting on April 27, 2009 in
Anchorage, Alaska are men and women of outstanding ability in their respective fields, and the benefit of
their advice and experience are a valuable contribution to the Commission; and
WHEREAS, the Commission is most appreciative ofthe time and effort the speakers have expended in
preparation and presentation of their remarks;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission expresses its sincere gratitude to
Steve Borell
Ed Fogels
Bob Swenson
Bartly Coiley
Issued this 29th day of April, 2009
ATTEST:
Executive Director
16
••
IMCC :2009 Annual Report •
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, Rick Fredericksen, Joe Wehrman and their staff arranged an informative and interesting
meeting for the Interstate Mining Compact Commission in Anchorage, Alaska from April 26 - 29, 2009;
and
WHEREAS, our hosts warmly welcomed and generously extended their Last Frontier hospitality to all
attendees;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission expresses its deep appreciation to Rick Fredericksen,
Joe Wehrman and all ofthe other state officials who assisted IMCC staff to assure a successful meeting.
Issued this 29th day of April, 2009
~T
~~
'Executive ~rector
17
••
IMCC :2009 Annual Report •
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, The Interstate Mining Compact Commission's Annual Meeting in Anchorage, Alaska from
April 26 - 29, 2009 was honored by the presence of Rosanne Hughes, Director of Extemal
Communications for Governor Sarah Palin; and
WHEREAS, Ms. Hughes provided the Welcoming Address at the Opening Session of the meeting on
April 27,2009;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission (IMCC) expresses its gratitude to Rosanne Hughes for
her participation in making this year's meeting an outstanding success and for her support of IMCC.
Issued this 29th day of April, 2009
ATT~T:
ftLl~~
Executive Hector
18
••
IMCC :2009 Annual Report
•
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, The Interstate Mining Compact Commission's Annual Meeting in Anchorage, Alaska from
April 26 - 29, 2009 was honored by the presence of The Honorable Tom Irwin, Commissioner with the
Alaska Department of Natural Resources; and
WHEREAS, Commissioner Irwin served as the Master of Ceremonies at the Annual Awards Banquet on
April 28, 2009;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission (IMCC) expresses its gratitude to Commissioner Tom
Irwin for his participation in making this year's meeting an outstanding success and for his support of
IMCC.
Issued this 29th day of April, 2009
AT~T: ):tll~~
Executive Director
19
••
IMCC :2009 Annual Report
•
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, The Interstate Mining Compact Commission's (lMCC) Mid-Year Meeting in Denver,
Colorado from November 18 - 19,2009 was honored by the presence of The Honorable Joe Pizarchik,
newly-appointed Director of the Office of Surface Mining; and
WHEREAS, Director Pizarchik and members of his staff attended and actively participated in the IMCC
Environmental Affairs Committee meeting on November 19,2009; and
WHEREAS, IMCC greatly appreciates the excellent working relationship and valuable partnership
between the states and the Office of Surface Mining;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission expresses its heartfelt congratulations to Joe Pizarchik
on his recent appointment as Director of the Office of Surface Mining and our gratitude to Director
Pizarchik and his staff for their participation in making this year's meeting an outstanding success and
for their support of IMCC.
Issued this 19th day of November, 2009
ATT~T:
PLl~~uL
Executive irector
20
••
IMCC :2009 Annual Report
•
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, the Interstate Mining Compact Commission (IMCC) sponsored a Summit of the States on
the Regulation of Noncoal Minerals in Denver, Colorado on November 17 and 18, 2009; and
WHEREAS, IMCC was honored by the presence of Scott Sibley of the U.S. Geological Survey, who
served as the Opening Session speaker on November 17;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission expresses its gratitude to Scott Sibley for his
participation in making the Summit an outstanding success and for his support of IMCC.
Issued this 19th day of November, 2009
ATT~T:
ftLl~4WUuL
Executive irector
21
••
IMCC :2009 Annual Report
•
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THAT:
WHEREAS, The Interstate Mining Compact Commission (IMCC) sponsored a Summit of the States on
the Regulation of Non coal Minerals in Denver, Colorado on November 17 and 18,2009; and
WHEREAS, IMCC was honored by the presence of Mitchell Leverette, Chief of the Solid Minerals
Division with the Bureau of Land Management, who served as the luncheon speaker on November 17;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission expresses its gratitude to Mitchell Leverette for his
participation in making the Summit an outstanding success and for his support of IMCe.
Issued this 19th day of November, 2009
ATT~T:
/Ju~~
Executive irector
22
••
IMCC :2009 Annual Report
•
Resolution
Interstate Mining Compact Commission
BE IT KNOWN THA T:
WHEREAS, Loretta Pineda, David Berry and their staff arranged an informative and interesting Mid-
Year meeting for the Interstate Mining Compact Commission in Denver, Colorado from November 18 -
19,2009;and
WHEREAS, Loretta, David and Bruce Stover greatly assisted with the development and execution of the
Summit of the States on the Regulation of Noncoal Minerals on November 17 and 18; and
WHEREAS, our hosts warmly welcomed and generously extended their Mile High hospitality to all
attendees;
NOW THEREFORE BE IT RESOLVED:
That the Interstate Mining Compact Commission expresses its deep appreciation to Loretta Pineda, David
Berry, Bruce Stover, and all of the other state officials who assisted IMCC staff to assure a successful
meeting and Summit.
Issued this 19th day of November, 2009
ATT.r:T:
folf~~
Executive irector
23
••
IMCC :2009 Annual Report
•
Financial Reports
Interstate Mining Compact Commission
Statement of Financial Position for the Year Ended June 30, 2009
ASSETS
Cash
Property and equipment, net
s 78,606.00
400,000.00
20,221.00
4,538.00
2,782.00
Investments
Accounts receivable
Prepaid expenses and deposits
Total assets 506,147.00
LIABILITIES A D NET ASSETS
Liabilities:
Accrued vacation 25,604.00
10,000.00
580.00
Assessments in advance
Deferred rent
Total liabilities 36,184.00
Net assets:
Unrestricted 469,963.00
Total net assets 469,963.00
Total liabilities and net assets 506,147.00
24
••
IMCC :2009 Annual Report
•
Financial Reports
Interstate Mining Compact Commission
Statement of Activities
For the Year Ended June 30, 2009
Unrestricted revenue and support
Assessments $465,555
Government grants and contracts 3,280
Conferences and meetings 11,965
Interest income 15,308
Other income 839
Total revenue and support 496,947
Expenses
Government programs 3,850
Administrative and general 505,643
Total expenses 509,493
Change in net assets (12,546)
Net assets, beginning of year 482,509
Net assets, end of year $469,963
25
••
IMCC :2009 Annual Report
•
Financial Reports
Interstate Mining Compact Commission
Schedule of Comparison of Expenses and Budget
For the Year Ended June 30, 2009
Government Admin. &
pescription Grants General Iotal Expepses Blldget variance
Salaries $3,200 $280,021 $283,221 $288,900 $ (5,679)
Employee
benefits 94,208 94,208 90,000 4,208
Rent 33,664 33,664 33,000 664
Conference and
meetings 26,298 26,298 19,500 6,798
Travel 15,383 15,383 21,000 (5,617)
Publications 9,831 9,831 12,000 (2,169)
Telephone 8,204 8,204 10,000 (1,796)
Contingency
capital outlay 12,395 12,395 12,000 395
Auditing 5,515 5,515 6,000 (485)
Postage 3,536 3,536 4,000 (464)
Equipment
expenses 3,240 3,240 4,000 (760)
Contractual
services 76 76 76
Office supplies 2,727 2,727 3,500 (773)
Other expenses 3,156 3,156 2,600 556
Insurance 2,317 2,317 4,000 (1,683)
Printing 1,446 1,446 2,500 (1,054)
Registration
fees/
subscriptions 1,045 1,045 2,000 (955)
Utilities 1,390 1,390 2,000 (610)
Depreciation 1,841 1,841 1,841
Overhead
allocation 650 (650)
Total expenses $ 3,850 $ 505,643 $ 509,493 $ 517 000 $ (7 507)
26
••
IMCC :2009 Annual Report •
Member State Permitting Data
PERMITS ISSUED AND ACRES OF LAND DISTURBED AND RECLAIMED
JA UARY I - DECEMBER 31, 2009 FOR COAL SURFACE MINING
State/Enforcement Agency # Permits Issued # Acres #Acres # Acres Reclaimed
Permitted Disturbed
Alabama Surface Mining Commission 19 6,657 N/A 3,827
Alaska Dept. of Natural Resources 12 9,650 2,181 68
Arkansas Dept. of Environmental Quality 5 714.49 714.49 198.61
Colorado Division of Reclamation, Mining & 0 163,762 I 20,129 613'
Safety, Coal Program
Illinois Dept. of Natural Resources, Office of Mines 5 2,991.97 1,077.03 674.65
& Minerals, Land Reclamation Division
Indiana Dept. of Natural Resources, Division of 9 (2 original; 7 7,435 4,6193 2,6824
Reclamation add-acre amend.)
Kentucky Dept. for Natural Resources 462 (new, 68,921.7 249,613.7 8,018.5
amendments,
revisions)
Louisiana Dept. of Natural Resources 2 ' 41,9556 477 (during 2009) 0'
Maryland Bureau of Mines 8 10 164 2,584 299
Missouri Land Reclamation Program 0 0 No new acres 328.0
New Mexico Energy, Minerals and Natural 2 17,423 1,310 1,395 (Phase III
Resources Dept., Mining and Minerals Div. bond release)
North Dakota Public Service Commission 0 890 1,965 877
Ohio Dept. of Natural Resources, Division of 27 4,790 51,663 2,792
Mineral Resources Management
Oklahoma Dept. of Mines 3 - permits 23,592.49 10,832.20 1,146.86
58 - permits on ruL
28 - revisions
Pennsylvania Dept. of Environmental Protection 45 6,979 7,015 7,209
Texas Railroad Commission 2 - new, renewals 2,107.39 5,191.510 1,491.1 II
and revisions
Utah Division of Oil, Gas and Mining 33 - permits; 169,977.78 2,967.3 90.59
7 - renewals; (total); 632.9 (36.3 new in
I - new (new in 2009) 2009)
Virginia Dept. of Mines, Minerals & Energy, 12 (6 - new; 78,480.09 54,348.91 (actual) 2,297.78 (released)
Division of Mined Land Reclamation 6 - transfers)
West Virginia Dept. of Environmental Protection, 62 - includes new 8,983 in 2009; 126,332 (total) 5,749 (2009
Division of Mining and Reclamation 12 and amendments 300,024 (total) released phase III)
Wyoming Dept. of Environmental Quality, Land 35 429,215.35 154,024.47 70,410.77
Quality Division
See footnotes onfollowing page ...
27
••
IMCC :2009 Annual Report •
1 Based upon final issuance of permits or revisions to permits through 2009.
2 Total for all Phase III releases in 2009.
3 Annual Affected Area Reports
4 Phase III final release acres.
5 Permits issued to date.
6 Total acres under permit at year's end.
7 Acres released from permit in 2009.
8 # Acres Permitted: number of acres for which bond was posted during the reporting period. # Acres Disturbed: number of actual disturbed acres
that have not been approved for phase 3 release as of 12/31/2009. # Acres Reclaimed: number of acres for which phase 3 release was approved
during the reporting period.
9 Total permit acreage as of 12/3112009 (285,262.54) minus total permit acreage as of 110112009 (283,155.24) = 2,107.3.
102,580.0 acres mined and 2,611.5 acres non-mined disturbed = 5,191.5.
11 Phase III bond-release approval (may not have been removed from permitted acreage).
12 Disturbed Acres - Total- means the total number of disturbed acres, including acreage disturbed and reclaimed but not yet receiving final bond
release, associated with permits that as of 12-31-09 were not final released or revoked.
2R
••
IMCC :2009 Annual Report •
Member State Permitting Data
PERMITS ISSUED AND ACRES OF LAND DISTURBED AND RECLAIMED
JANUARY 1- DECEMBER 31, 2009 FOR NONCOAL SURFACE MINING
State/Enforcement Agency # Permits Issued # Acres Permitted #Acres # Acres Reclaimed
Disturbed
Alabama Department of Industrial Relations, 22 (new); 10,600 19,000 24 mines,
Mining and Reclamation Division' 372 (renewals) 742 acres
Alaska Dept. of Natural Resources, Mining Section 263 10,239 8,707" 477
Arkansas Dept. of Environmental Quality 308 24,288.63 17,490.98 228.0
Colorado Division of Reclamation, Mining and 44 180,8572 108,519 1,2163
Safety, Minerals Program
Illinois Dept. of Natural Resources, Office of Mines 19 645.28 560.59 613.4
& Minerals, Mine Safety/Training Division
Indiana Dept. of Natural Resources, Division of 7 680.15 94.2 4 0.05
Reclamation
Kentucky Dept. for Natural Resources, DMRE, 69 16,963.2 24,711.8 505.4
Non-Coal Branch
Maryland Minerals, Oil & Gas Division 6 936 2,880.666 14,037.35 7,789.21
Missouri Dept. of Natural Resources, Land 347 30,883.72 30,883.72 535
Reclamation Program
New Mexico Energy, Minerals and Natural 23 23 291 864
Resources Dept., Mining and Minerals Div. 7
New York State Dept. of Environmental 34 (new in 2009); J 42,057 (total) 8 60,287 (total) 8 1,583 (2009);
Conservation, Div. of Mineral Resources 2,122(total active) 30, I03 (total) 8
North Carolina Dept. of Environment & Natural 12 (2008) '0 132,863 40,015 total 1,467
Resources, Div. of Land Resources 9 (total at end of (includes255 (in 2008)
2008) affected in 2008
alone)
Ohio Dept. of Natural Resources, Division of 32 (includes 1,199 1,361 1,447 (662 graded;
Mineral Resources Management amended permits) 785 planted)"
Oklahoma Dept. of Mines 12
128,236 53,096 1,225
Pennsylvania Dept. of Environmental Protection 124 2,110 910 259
South Carolina Dept. of Health and Environmental 33 1,134.5 624.2 246.7
Control
Tennessee Department of Environment and 13 5,022 4,500 (estimated 116
Conservation acreage)
Utah Division of Oil, Gas and Mining '3 544 N/A 48,683 200
Virginia Division of Mineral Mining 4 1,245.83 488.73 1,006.03
West Virginia Dept. of Environmental Protection, 1 91 (2009); 5,677 (total) o (2009 released
Division of Mining and Reclamation 16 9,518 (total) Phase III)
Wyoming Dept. of Environmental Quality, Land 337 78/,634.12 113,504.95 14 Not Tracked
Quality Division
Seefoo tnotes on following page ...
29
••
IMCC :2009 Annual Report
•
I 538 acres were permitted to be mined. The acreage disturbed does not include chert, limestone, marble or dolomite. Approximately 6,000 acres
are disturbed at those mines.
a Based upon final issuance of permits or revisions to permits through 2009.
3 Total of final releases, since there are no phased releases for minerals permits.
4 Annual Affected Area Reports.
5 Phase []] final release acres.
6 # Acres Permitted: number of acres for which bond was posted during the reporting period. # Acres Disturbed: number of actual disturbed acres
that have not been approved for phase 3 release as of 12/31/2009. # Acres Reclaimed: number of acres for which phase 3 release was approved
during the reporting period. # Acres Permitted and # Acres Disturbed includes original permits, increments and amendments that add acreage.
7 Most permits issued represent exploration or general permits. Non-coal does not include sand and gravel operations. Acres reclaimed means
regrading and seeding has occurred, not necessarily bond release. The numbers shown are for permitting and mining/reclamation activity taking
place during calendar year 2009. These numbers do not represent cumulative average. Permits issued include regular and minimal impact mines,
exploration permits and general permits.
• Total statewide acreage figures since New York State Mined Land Reclamation Law enacted in 1975.
9 All statistics for NC are for 2008.2009 statistics will not be available until 10/20 IO.
10 lncludes new permits, modifications and renewals.
II Acres reclaimed includes ponds and lakes.
"Permits issued - 60; revisions -70; transfers - 13; limited use permits issued - 16; annual reviews of permits - 557; permits on IUL -723.
13 Numbers are approximate, especially the number of acres reclaimed.
14 Approved to affect - acres disturbed not historically tracked.
" lncludes surface disturbance from underground and surface metal mines not previously reported. Includes surface disturbance from surface and
underground placer gold mines. Does not include disturbance from sand and gravel operations.
16 Disturbed Acres - Total - means the total number of disturbed acres, including acreage disturbed and reclaimed but not yet receiving final bond
release, associated with permits that as of 12-31-09 were not final released or revoked.
30
••
IMCC :2009 Annual Report •
Member State Reclaimed Land Use Data
USE OF LAND FOLLOWING RECLAMATION (PERCE T)
JANUARY 1 - DECEMBER 31, 2009 FOR COAL SURFACE MINING
State Pasture Wildlife Forest Commercial Other
Alabama 1.7 6,657 Unavailable 0.3 841
Alaska 0 100 0 0 0
Arkansas 26 52 0 3 19
Illinois 19 19 3 9 50
Indiana 7 30 15 0 47.52
Kentucky 29.8 51.5 14.3 J.7 (commercial & 2.73
industrial)
Louisiana 8 2 90 0 0
Maryland 50 4 45 I 0
Missouri 97 2 0 02 1 (water)
ew Mexico 0 29 0 2 69 (grazing)
North Dakota' 30.8 2.4 1.1 3.9 58.8 (cropland)
Ohio 70 2 0 3 25 (undeveloped)
Oklahoma 97 2 0 0 I (water)
Pennsylvania' 30 5 50 2 13
Texas 49.6 43.6 0.7 0.5 (commercial & 5.6 (water
industrial) resources)
Utah 0 100 0 0 0
Virginia 1018.85 acres 278.29 acres 728.78 acres 172.10 acres 99.76 acres
(includes pasture,
hayland & grazing)
West Virginia 4 22 34 2 386
Wyoming 0 0 0 0 100 (wildlife
livestock grazing)
1 "Other" includes undeveloped, transportation, and cropland. Post mining land use acres - 6,720.
, "Other" includes 46% prime and nonprirne cropland. Remaining 1.5% "Other" includes recreation, residential, commercial, and roads land
uses.
3 "Other" includes cropland (1.7%), recreational, residential, water bodies, etc.
, "Pasture" includes native grassland; "Wildlife" includes wetlands; "Forest" includes shelterbeds.
, Use ofland estimates are based on general observations of post-mining land use.
6 Of the 38% "other": 5% are public service and 5% are residential with 90% being combined uses (i.e. two or more land uses on one permit-most
of which are wildlife and forest).
31
••
IMCC :2009 Annual Report •
Member State Reclaimed Land Use Data
USE OF LAND FOLLOWING RECLAMATION (PERCENT)
JANUARY 1 - DECEMBER 31, 2008 FOR NONCOAL SURFACE MINING
State Pasture Wildlife Forest Commercial Other
Alabama 40 5 40 5 10 (lakes)
Alaska 0 50 0 50 0
Arkansas 18.8 17.6 11.8 0 51.8
Illinois 37 0 0 35 28 (water)
lndiana 3.4 53.7 OJ 0 40.5 I
Kentucky 75 0 5 15 5
Maryland 35 10 5 15 35
Missouri 22.8 29.1 0 26.7 21.4
New Mexico' 0 100 0 0 0
New York 2 66 0 3 293
North Carolina 4 20 25 25 15 15
Ohio' N/A N/A N/A N/A N/A
Oklahoma 84 3 0 6 7
Pennsylvania 6 10 5 10 15 60
South Carolina 18 0 0 19 63
(1.11.6 acres) (I 16 acres) (389.8 acres) 7
Tennessee 90 0 5 5 0
Utah 0 886 0 0 0
Virginia 100 0 0 0 0
Wyoming 0 0 0 2 98
I "Other" contains water land use only.
z The percentages for Use of Land Following Reclamation are for mined lands reclaimed in 2007.
3 Includes 23% agricultural farmland, 6% wetlandlIake.
4 These figures are for 2007.2008 statistics will not be available until October 2009.
, Exact data is not available at this time, however, a high percentage of land uses at the time of release are private recreational use, wildlife habitat
and pastureland.
6 Use of land estimates based on general observations of post-mining land use.
7 Residential development - 22.3 acres, lake/pond - 365.5 acres, other - 5.0 acres.
32
••
IMCC :2009 Annual Report •
2009 Kenes C. Bowling Reclamation Award Winners
2009 Winners
The following companies were winners of the Compact's 2009 national reclamation awards and were
presented with plaques at the 2009 awards banquet:
Coal Category Winner:
Peabody Energy and Black Beauty Coal Company - Viking Mine (Indiana)
Noncoal Category Winner:
Iluka Resources, Inc. - Old Hickory Operation (Virginia)
2009 Honorable Mention Recipient
The following company received recognition as honorable mention in the Compact's reclamation awards
program and was presented with a certificate at the 2009 awards banquet:
Coal Category:
Texas Westmoreland Coal Company - Bobwhite Quail Release Project (Texas)
33
••
IMCC :2009 Annual Report
•
Photo Section - 2009 Kenes C. Bowling Reclamation
Award Winners
2009 Winner in the Coal Category
Peabody Energy and Black Beauty Coal Company - Viking Mine (Indiana)
2009 Winner in the Noncoal Category
Iluka Resources, Inc. - Old Hickory Operation (Virginia)
34
••
IMCC :2009 Annual Report •
2009 Minerals Education Award Winners
2009 Winners
The following were winners of the Compact's annual minerals education awards, which were presented
during the awards banquet held in conjunction with the 2009 Annual Meeting in Anchorage, Alaska. The
mining educator awareness award is presented to a teacher or school from one ofthe Compact's member
states. The winner receives an engraved plaque and a $500 award to go toward teaching materials. The
public outreach award is presented to an industry, environmental, citizen, or other group from one of the
Compact's member states, or to a member state government body. The public outreach award winner is
presented with an engraved plaque of recognition.
Mining Educator Awareness Category Winner:
Chuck Campbell, Science Teacher, Russellville High School (Arkansas)
Public Outreach Category Winner:
"Colorado Reader" produced by the Colorado Foundation for Agriculture (Colorado)
Honorable Mention: Public Outreach Category:
Illinois Coal Education Program of the Illinois Department of Commerce & Economic Opportunity,
Office of Coal Development (Illinois)
35
2009 IMCC Membership
Commissioner
Governor
Bob Riley
Governor
Mike Beebe
Governor
Pat Quinn
••
IMCC :2009 Annual Report •
Commissioner's Official
Representative
Alabama
G. Thomas Surtees
Director
Department of
Industrial Relations
Arkansas
James F. Stephens
Chief
Surface Mining and
Reclamation Division
Illinois
Marc Miller
Director
Department of
Natural Resources
36
••
IMCC :2009 Annual Report •
Commissioner
Commissioner's Official
Representative
Indiana
Governor
Mitchell E. Daniels, Jr.
Ron McAhron
Deputy Director
Department of
Natural Resources
Kentucky
Governor
Steven L. Beshear
Dr. Leonard K. Peters
Secretary
Energy & Environment
Cabinet
Louisiana
Governor
Bobby Jindal
Dale Bergquist
Chief, Surface Mining
Section
Office of Conservation
37
••
IMCC :2009 Annual Report •
Commissioner Commissioner's Official
Representative
Maryland
Governor
Martin O'Malley
C. Edmon Larrimore
Administrator
Water Management
Administration
,·,t.... . .: . ~
. ~~
Missouri
Governor
Jay Nixon
Mark Templeton
Director
Department of
Natural Resources
New York
Governor
David A. Paterson
Steven M. Potter
Director, Bureau of
Resource Mgmt. and
Development
JR
••
IMCC :2009 Annual Report
•
Commissioner Commissioner's Official
Representative
North Carolina
Governor
Beverly Eaves Perdue
James D. Simons
State Geologist & Director
Department of
Environment and
Natural Resources
North Dakota
Governor
John Hoeven
James R. Deutsch
Director
Reclamation Division
Public Service Commission
Ohio
Cathryn Loucas
Deputy Director
Department of
Natural Resources
Governor
Ted Strickland
39
••
IMCC :2009 Annual Report
•
Commissioner
Commissioner's Official
Representative
Oklahoma
Governor
Brad Henry
Robert A. Wegener
Secretary of Energy
Pennsylvania
Governor
Edward G. Rendell
1. Scott Roberts
Deputy Secretary
Department of
Environmental Protection
South Carolina
Ken R. Willingham
South Carolina
Mining Council
Governor
Mark Sanford
40
••
IMCC :2009 Annual Report •
Commissioner
Commissioner's Official
Representative
Tennessee
Governor
Phil Bredesen
James H. Fyke
Commissioner
Department of
Environment and
Conservation
Texas
Governor
Rick Perry
Michael L. Williams
Commissioner
Railroad Commission
of Texas
Virginia
Governor
Timothy M. Kaine
Bradley C. (Butch)
Lambert
Deputy Director
Department of Mines,
Minerals and Energy
41
••
IMCC :2009 Annual Report •
Commissioner Commissioner's Official
Representative
West Virginia
Governor
Joe Manchin III
Randy Huffman
Cabinet Secretary
Department of
Environmental Protection
42
••
IMCC :2009 Annual Report
•
Commissioner Commissioner's Official
Representative
2009 Associate Member States
Alaska
Governor
Sean Parnell
Dick Mylius
Acting Director
Division of Mining, Land
and Water
Colorado
Governor
Bill Ritter, Jr.
Ronald W. Cattany
Director, Div. of
Reclamation, Mining &
Safety, Dept. of Natural
Resources
New Mexico
Governor
Bill Richardson
Bill Brancard
Director, Div. of Minerals
& Mining
Dept. of Energy, Minerals
& Natural Resources
43
••
IMCC :2009 Annual Report
•
Commissioner Commissioner's Official
Representative
Utah
Governor
Gary R. Herbert
John Baza
Director
Division of Oil, Gas &
Mining
Wyoming
John Corra
Director
Department of
Environmental Quality
Governor
Dave Freudenthal
44
••
IMCC :2009 Annual Report
•
2010 Commissioners and Their Representatives
2010 Commissioners
New York
Governor David A. Paterson - Chairman
Vacant
Vice Chairman
Maryland
Governor Martin O'Malley - Treasurer
Alabama
Governor Bob Riley
North Dakota
Governor John Hoeven
West Virginia
Governor Joe Manchin III
Arkansas
Governor Mike Beebe
Ohio
Governor Ted Strickland
Associate Member States
Illinois
Governor Pat Quinn
Oklahoma
Governor Brad Henry
Alaska
Governor Sean Parnell
Indiana
Governor Mitchell E. Daniels, Jr.
Pennsylvania
Governor Edward G. Rendell
Colorado
Governor Bill Ritter, Jr.
Kentucky
Governor Steven L. Beshear
South Carolina
Governor Mark Sanford
New Mexico
Governor Bill Richardson
Louisiana
Governor Bobby Jindal
Tennessee
Governor Phil Bredesen
Utah
Governor Gary R. Herbert
Missouri
Governor Jay Nixon
Texas
Governor Rick Perry
Wyoming
Governor Dave Freudenthal
North Carolina
Governor Beverly Eaves Perdue
Virginia
Governor Robert F. McDonnell
45
••
IMCC :2009 Annual Report
•
Commissioner's Official Representatives - 2010
Alabama
G. Thomas Surtees
Director
Department of Industrial
Relations
Arkansas
James Stephens
Chief
Surface Mining and
Reclamation Division
Department of
Environmental Quality
Illinois
Marc Miller
Director
Department of Natural
Resources
Indiana
Ron McAhron
Deputy Director
Department of Natural
Resources
Kentucky
Leonard K. Peters
Secretary
Energy and Environment
Cabinet
Louisiana
Dale Bergquist
Chief, Surface Mining
Section
Office of Conservation
Maryland
C. Edmon Larrimore
Program Manager
Department of the
Environment
Mining Program
Missouri
Mark Templeton
Director
Department of Natural
Resources
New York
Steven M. Potter
Director
Bureau of Research
Management & Development
Division of Mineral
Resources
Department of Environmental
Conservation
North Carolina
James D. Simons
State Geologist and Director
Division of Land Resources
Department of Environment
and Natural Resources
North Dakota
James R. Deutsch
Director, Reclamation
Division
Public Service Commission
Ohio
Cathryn Loucas
Deputy Director
Department of Natural
Resources
Oklahoma
Robert A. Wegener
Secretary of Energy
Pennsylvania
J. Scott Roberts
Deputy Secretary
Office of Mineral Resources
Management
Department of Environmental
Protection
South Carolina
R. Craig Kennedy
South Carolina Mining
Council
Tennessee
James H. Fyke
Commissioner
Department of Environment
and Conservation
Texas
Michael L. Williams
Commissioner
Railroad Commission of Texas
Virginia
Butch Lambert
Deputy Director
Department of Mines, Minerals
and Energy
West Virginia
Randy Huffman
Cabinet Secretary
Department of Environmental
Protection
Associate Member States
Alaska
Dick Mylius
Director
Division of Mining, Land & Water
Colorado
Loretta Pineda
Director
Division of Reclamation, Mining
& Safety
Department of Natural Resources
New Mexico
Bill Brancard
Director, Division of Mining &
Minerals
Department of Energy, Minerals &
Natural Resources
Utah
John Baza
Associate Director, Mining
Utah Division of Oil, Gas &
Mining
Wyoming
John Corra
Director
Department of Environmental
Quality
46
Interstate Mining Compact Commission
445-A Carlisle Drive
Herndon, VA 20170
Ph: 703.709.8654 Fax: 703.709.8655
Website: www.imcc.isa.us