Annual Evaluation Summary Report

Surface Mining Section

of

KANSAS

for

Evaluation Year 1998

October 1, 1997 to September 30, 1998

November 1998

Table of Contents

I. Introduction 1

II. Overview of the Coal Mining Industry 2

III. Overview of Public Participation in the Program 2

IV. Major Accomplishments/Issues/Innovations 3

V. Success in Achieving the Purposes of the Surface Mining Control and Reclamation Act of 1977 4

A. Off-site Impacts 4

B. Reclamation Success 5

C. Customer Service 5

• Abandoned Mine Land Reclamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

VI. OSM Assistance 6

Appendix A: Tabular Summaries of Data Pertaining to Mining, Reclamation and Program Administration A-1

Appendix B: State Comments on Report B-1

1998 KANSAS ANNUAL EVALUATION REPORT

I. Introduction

The Surface Mining Control and Reclamation Act of 1977 (SMCRA) created the Office of Surface Mining (OSM) in the Department of the Interior. SMCRA provides authority to OSM to oversee the implementation of and provide Federal funding for State regulatory programs approved by OSM as meeting the minimum standards specified by SMCRA. This report contains summary information regarding the Kansas Program and the effectiveness of the Kansas Surface Mining Section (KSMS) in meeting the applicable purposes of SMCRA as specified in Section 102. This report covers the period of October 1, 1997 to September 30, 1998.

The primary focus of the OSM oversight policy for the 1998 evaluation year is an on-the-ground results-oriented strategy that evaluates the end result of State program implementation, i.e., the success of the State programs in ensuring that areas off the minesite are protected from impacts during mining, and that areas on the minesite are contemporaneously and successfully reclaimed after mining activities are completed. The new policy emphasizes a shared commitment between OSM and the States to ensure the success of SMCRA through the development and implementation of a performance agreement. Also, the policy this year continues to encourage public participation as part of the oversight strategy. Besides the primary focus of evaluating end results, the oversight guidance makes clear OSM's responsibility to conduct inspections to monitor the State's effectiveness in ensuring compliance with SMCRA's environmental protection.

To further the idea that oversight is a continuous and ongoing process, this annual report is structured to report on OSM's and Kansas' progress in conducting evaluations and completing oversight activities, and on their accomplishments at the end of the evaluation period. Detailed background information and comprehensive reports for the program elements evaluated during the period are available for review and copying at the OSM Office in Alton, Illinois.

The following list of acronyms are used in this report:

AML Abandoned Mine Land

AMLIS Abandoned Mine Land Inventory System

AVS Applicant/Violator System

EP Electronic permitting

EPR Enhancement and Performance Reviews

KDHE Kansas Department of Health and Environment

KSMS Kansas Surface Mining Section

MCRCC Mid-Continent Regional Coordinating Center

OSM Office of Surface Mining

SMCRA Surface Mining Control and Reclamation Act of 1977

TIPS Technical Information Processing System

II. Overview of the Kansas Coal Mining Industry

The coal-bearing areas of Kansas cover about 18,000 square miles or 23 percent of the State. The demonstrated reserve coal base is estimated to be 976,800,000 tons or 0.2 percent of the United States coal reserves. Kansas coal varies from lignite, in north central Kansas, to highly volatile A bituminous, in southeast Kansas. The average number of tons of overburden mined to each ton of coal is about 13:1. The coal seams in Kansas are usually 1 to 3 feet thick. Only the bituminous coal of southeast Kansas is actively mined.

Coal deposits in Kansas were first mined in 1865 as settlers extracted the easily reached coal seams near the surface. Beginning in the 1880's, most of the coal produced in southeast Kansas was extracted by deep shaft mining. By 1920, deep shaft mining had given way to a newer, more economical method-strip mining. By the time SMCRA was enacted in 1978, approximately 46,000 acres in 41 counties were affected by coal mining. The resulting hazardous conditions recorded in OSM's AMLIS were 173,804 feet of dangerous highwalls; 267.5 acres of dangerous piles and embankments; 2 hazardous water bodies; 808 vertical openings; 35 hazardous facilities; 39.3 acres of unauthorized industrial and residential dumps on mine lands; and 1,142.3 acres of surface subsidence under towns and roads. Kansas is actively reclaiming these on a priority basis as AML funds become available. No deaths associated with AML hazards were reported during this evaluation period.

Coal production in Kansas has steadily declined from the 1917 peak of 7 million tons. In 1981, coal production was 1,361,000 tons. As shown in Table 1, Kansas mines produced less than 300,000 tons of coal in 1998. Midwestern coal has suffered since 1981 because of competition with western coal companies producing cleaner, less expensive coal, and because of low crude oil and natural gas prices. Federal air quality control legislation, which has tightened air quality emission standards, further reduced the market for the State's and the region's high sulfur coal. Coal produced in Kansas is used primarily for power generation.

III. Overview of Public Participation in the Program

Kansas provides effective public participation opportunities through its community outreach program. In the 1998 evaluation period, the KSMS prepared and presented a visual and hands on display of the State's three coal programs, (regulatory, AML reclamation, and AML emergency) at the Kansas Land Contractors Association Expo. KSMS staff spent two days at the expo meeting citizens and presenting detailed explanations of each of the coal programs and how they are administered in the State of Kansas. Later in the evaluation year, KSMS staff presented a similar display and provided information regarding the three programs to the Nature Conservancy. This presentation occurred on site at an AML reclamation project. KSMS staff participated in a forum on surface coal mining for a Leadership in Kansas group touring southeast Kansas. Also on the panel were an environmental consultant and a former coal mining company president. A tour of a finished AML reclamation project was conducted following presentations at the forum.

Approximately 320 citizens including land owners, contractors, engineering firms and State and Federal agency personnel, visited the KSMS office in EY98. The purposes of these visits were to obtain information about underground mining, various AML reclamation projects, AML emergencies, the status of current mining and reclamation, permit applications, bond forfeitures, and miscellaneous other topics. Of these, five were requests from students for information and assistance with school projects regarding past and present coal mining activities. The State also responded to various requests from property owners and others for information about underground mining in the vicinity of structures, residences, proposed construction sites and public utility lines.

On March 19, 1998, OSM conducted, and KSMS participated in, a public meeting to gain stakeholder input and advice concerning current issues, problems, and priorities for consideration in developing OSM's FY2000 budget. Twenty-two people attended the meeting. The major concerns/opinions expressed were the need for increased AML funding, Rural Abandoned Mine Land Program funding, and the need for less stringent environmental regulations for AML Projects.

IV. Major Accomplishments/Issues/Innovations

OSM's joint inspection and associated bond release file review found that the single bond release request submitted to the State was handled appropriately. The release request was approved in April 1998.

Kansas continues to maintain and follow proper internal controls for grant procedures to ensure accountability/responsibility of obligated Federal funds.

Two new surface coal mining permits were issued this evaluation year. Both mining operations were initiated during the review period.

One bond forfeiture site (367.5 acres) was reclaimed and formally removed from the inspectable units list this evaluation period.

Kansas investigated 79 AML emergency complaints, resulting in completion of 69 emergency abatement projects. The average response time to these calls was less than 35 minutes. Three AML projects included extensive mitigation measures for the endangered gray bat.

KSMS applied for and received a U.S. Army Corps of Engineers five year general permit for AML reclamation.

Kansas awarded five new construction contracts for AML reclamation projects, and construction work was completed on five other AML projects.

The State entered into three new AML engineering design service contracts, and held numerous meetings with utilities and landowners to address their concerns during project design and construction phases.

Kansas has amended its AML Reclamation Plan to incorporate requirements of the June 30, 1994, Federal regulations. The KSMS submitted a formal amendment to its State AML regulations on May 7, 1997 for OSM approval. Following its review, the MCRCC prepared a list of concerns. The concerns were appropriately addressed by Kansas, and the amended AML Reclamation Plan was approved by OSM in March 1998. The Kansas legislature adopted the amended regulations as part of the State program in July 1998.

Kansas also completed the required Reclamation Plan amendment to require AVS review of AML contractors.

V. Success in Achieving the Purposes of SMCRA

To further the concept of reporting end results, the findings from performance standard evaluations are being collected for a National perspective in terms of the number and extent of observed off-site impacts and the number of acres that have been mined and reclaimed and which meet the bond release requirements for the various phases of reclamation, and the effectiveness of customer service provided by the State.

The overall measure of excellence in the AML (Title IV) program is the degree to which States are successful in achieving reclamation goals. One of the primary goals of AML Enhancement and Performance Reviews (EPR) is to improve upon this success. EPR's document each State's ability to achieve desired outcomes. Emphasizing outcomes will allow OSM to justify when the end result is not being achieved and establish a basis for reaching agreement with (and providing assistance to) a State to improve its program.

Individual topic reports that provide additional details on how the following evaluations and measurements were conducted are available in the Alton, Illinois Office.

A. Off-site Impacts

A State/OSM team evaluated all inspectable units including bond forfeiture sites for off-site impacts in Kansas. A sample of 60 State complete inspections and seven joint complete Federal inspections was used to evaluate off-site impacts on 16 permits. There were three off-site impacts documented on one bond forfeiture site. OSM concluded that given the circumstances surrounding the occurrences, the Kansas program is adequately protecting the environment and the public from off-site impacts resulting from surface coal mining operations.

B. Reclamation Success

The effectiveness of the State program in ensuring successful reclamation was determined by assessing data gathered for Table 5. During EY98, approximately 336 additional acres were disturbed by mining related activities, while only 3 acres received Phase III bond release. This small figure for Phase III bond release should not be interpreted as lack of reclamation success because nearly half (4,875 acres) of the 10,299 post-SMCRA disturbed acreage in Kansas received Phase III release in EY97. No remining activity took place during this evaluation year. Kansas is diligently working to return the land disturbed by mining to its intended post-mining land use.

Kansas measures successful reclamation and contemporaneous reclamation by using the time and distance requirements established in the approved permit/State regulations. The independent report submitted by the State (Table 6) indicated that reclamation was in compliance with time and distance requirements in the State program.

OSM concluded that both Table 5 and Table 6 show that Kansas is effectively ensuring successful reclamation on lands affected by surface coal mining operations.

• Customer Service

Kansas responded to one citizen complaint and 41 citizen inquiries concerning the Title IV (AML) program. In the State regulatory (Title V) program, no citizen complaints and 18 inquiries were received by the KSMS. All Title IV and Title V complaints and inquiries were handled in a timely and appropriate manner.

AVS queries were made on two permit applications. Three AVS checks were conducted on each permit before the permits were issued. The third check was conducted immediately prior to issuance. A 30 day follow-up query was conducted after permit issuance. The AVS determinations made by the State were timely, accurate, and appropriate.

• Abandoned Mine Land Reclamation