WEST VIRGINIA

ABANDONED MINE LAND    OVERSIGHT AGREEMENT 

                       EVALUATION YEAR 1998

West Virginia Division of 
Environmental Protection

                                  and

                              Office of Surface Mining 
                              Charleston Field Office                
                             
                           I.  Purpose
     
Background:  On February 23, 1981, the Secretary of the Department of the Interior approved
the West Virginia Abandoned Mine Land Reclamation Plan under the provisions of the Surface
Mining Control and Reclamation Act (SMCRA).  With that approval, the State assumed primary
authority for the reclamation of non-emergency abandoned mine land (AML) reclamation
projects within the State.  On August 26, 1988, the Secretary approved the West Virginia
Abandoned Mine Land Reclamation Emergency Program.  The Office of Abandoned Mine
Lands and Reclamation within the West Virginia Division of Environmental Protection
(WVDEP) currently administers these programs through two regional offices.

The Office of Surface Mining (OSM) and WVDEP developed and approved this AML Oversight
Agreement using guidance in OSM Directive AML-22, Evaluation of State and Tribal
Abandoned Mine Land Programs.  The Agreement contains the basic framework for oversight
activities conducted between October 1, 1997, and September 30, 1998.  The agreement will be
updated and renewed annually, and may be amended at anytime by agreement of both parties.  A
copy of the agreement will be included in the Public Evaluation File maintained at OSM's
Charleston Field Office (CHFO).

Objectives:  The purpose of this oversight agreement between OSM and WVDEP is to:

     Enforce the requirements of SMCRA related to the Title IV abandoned mine land
     reclamation.

     Foster mutual respect in carrying out the requirements of SMCRA.

     Assure oversight topics reflect OSM/State priorities.

     Consider the impacts on State resources needed to participate in and support
     OSM's oversight effort.

     Measure program effectiveness using on-the-ground, performance-based results as
     the principal focus of program evaluation and documentation.

     Support the WVDEP in carrying out its approved Title IV program.

     Focus on technical assistance and programmatic review instead of a detailed project
     specific evaluation. 

     Provide timely follow-through on requests for assistance and plan amendments.

     Provide for OSM and WVDEP peer review of oversight reports.

     Ensure compliance with the National Environmental Policy Act (NEPA) while
     avoiding unnecessary construction delays.

     Ensure that the limited resources available to both agencies are used in the most
     efficient ways.

     Encourage the use of remining as an economical approach to solving
     abandoned coal mine problems.

     Foster the use of current technology to abate acid mine drainage (AMD) on
     projects where AMD abatement is feasible.

                     II.  Annual Evaluations

Background  

Upon approval of the State AML Reclamation Plan, OSM assumed an oversight role in West
Virginia.  As part of this oversight, OSM conducts an annual enhancement and performance
review, provides assistance to the State, and prepares annual evaluation reports to keep the public
and Congress informed of the States success in implementing SMCRA and the approved
Reclamation Plan.

AML Oversight in West Virginia will focus on:  

     1.   Measuring the on-the-ground success of approved programs.
     2.   Identifying the need for financial, technical, and other program assistance.
     3.   Encouraging partnerships with other local, State, and Federal agencies to
          encourage the abatement of acid mine drainage.
     4.   Encouraging the use of remining as a tool to reclaim abandoned coal mine
          problems.

Oversight Plan for 1998
Oversight will be accomplished through evaluations planned, implemented, and documented
jointly by staff from WVDEP and OSM.  State participation in the evaluations will ensure that
misinterpretations are kept to a minimum.  Evaluations will be conducted throughout the
evaluation year with all draft detailed evaluation reports for topics to be included in the Annual
Evaluation Report being provided to WVDEP for final comment no later than September 1,
1998.  
This will allow the State the opportunity to review the reports and provide comments to OSM
prior to preparation of the Annual Evaluation Report.

Each agency will assign at least one staff member to jointly lead the evaluation of selected
review topics.  The team leaders will determine the need for other staff as part of the evaluation
design process.  They will establish the time frame for the evaluation and the schedule for
completion of the detailed evaluation report. 

Detailed Work Plans will be prepared for each oversight evaluation conducted under this
Agreement.  As the Work Plans are developed and approved by both agencies, they will be
appended to this Agreement in Appendix C.  Both agencies will approve each detailed work plan
before the evaluations will begin.  Work Plans for the following oversight topics have been
developed or are being considered for EY 1998: 

     Acid Mine Drainage Planning Session -  WVDEP and OSM will spend at least one day
     in a brainstorming session to determine if there are any further efforts that OSM or
     WVDEP should undertake regarding AMD on AML sites.  At a minimum, topics will
     include coordination with other groups, monitoring, and longevity and future
     maintenance of passive treatment systems.  Further work plans may be developed
     following this session. 

     Compliance With Contract Specifications - The evaluation will determine if AML
     projects are being completed in accordance with the contract plans and specifications. 
     Final reclamation results will be compared to prebid plans and any approved changes.  
     On-site sampling will occur to determine if topsoil, riprap, and other specifications were
     met. 

     Emergency Program Consistency Session - WVDEP and OSM staff will participate in 
     an AML emergency program conference designed to enhance consistency in emergency
     determinations.  The conference will also address revised emergency program criteria
     contained in OSM Directive GMT-10-7, dated April 28, 1997.

     NEPA Compliance, Including Obtaining All Required Permits - The evaluation will
     examine WVDEP completed projects to determine if all NEPA requirements have been
     met and if all required documentation has been finalized.  The evaluation will also
     determine if all required permits for the project were obtained prior to initiation of
     construction activities.

Public Input  

OSM and WVDEP are committed to continuously  interacting with citizen, environmental, and
industry organizations.  CHFO maintains a mailing list of organizations and individuals who
have previously participated in the AML program.  These groups/individuals will be requested to
provide input into oversight activities throughout the evaluation year and will be encouraged to
provide suggestions for improvement of future annual evaluation reports.  In addition, CHFO
staff will be available to meet with individual citizens or organizations at any time during the
evaluation year.  WVDEP will be invited to participate in these meetings and a record of the
meetings will be placed in OSM's public review file.  Further, a copy of the Annual Evaluation
Report will be provided to each individual and organization when the report is finalized.  OSM
encourages citizen groups to request and schedule meetings related to specific issues.  Other
opportunities for public outreach will be pursued throughout the evaluation year, as appropriate.

                    III. Information Exchange

OSM and the WVDEP agree that the exchange of information is critical to the oversight process. 
OSM needs State information to:

     1.   Complete day-to-day oversight activities. 
     2.   Respond to periodic inquires from the public and Congress about the status of the
          program. 
     3.   Provide data to satisfy OSM oversight reporting requirements.   

The CHFO staff has access to the National Abandoned Mine Land Inventory System (AMLIS)
through OSM's Wide Area Network.  This provides all OSM office locations in West Virginia
direct access to information about AML sites from the time West Virginia identifies them and
places them on the inventory.  Review teams and OSM may need other information from data
systems maintained by the WVDEP.  Detailed Oversight Work Plans for each oversight
evaluation will identify this data and the method for providing it to OSM.  Both agencies will
approve each work plan before the evaluation begins.

                     V. Exchange of Documents

Access to AMLIS has eliminated the need for routinely submitting inventory forms.  Several
other documents identified in Appendix B (Exchange of Documents) are essential to OSM
oversight.  OSM and WVDEP will exchange these documents as specified or when they are
complete.   

              VI. Annual Evaluation Report Tables  

The WVDEP agrees to keep the data in the AMLIS system current.  OSM will prepare a table of
accomplishments in the annual evaluation report using information in this system.

                  VII. Innovative State Actions

OSM Directive AML-22 provides that oversight will recognize innovative approaches in areas
such as:

     1.   Reclamation. 
     2.   Training. 
     3.   Communications.
     4.   Cost savings. 
     5.   Accounting.
     6.   Grants management.

To identify these accomplishments, each Detailed Oversight Work Plan will incorporate
provisions to highlight any activities that would qualify as innovative approaches.  Additionally,
the WVDEP will identify and report to the CHFO, any activities that in their judgement should
be recognized.  Annual evaluation reports can identify activities identified by either OSM or the
WVDEP.

                    VIII. Project Inspections

OSM will select sites for an on-site evaluation using the guidelines contained in Appendix A,
Site Inspection Policy.  While most inspections will be selected for inspection using these
guidelines, OSM reserves the right to conduct additional inspections based on the professional
judgement of OSM or WVDEP staff.  The results of each inspection will be documented and
provided to WVDEP. 

                          IX. Signatures

Signed in agreement by the parties this ______ day of _________________, 1997.  


For the Office of Surface Mining             For the West Virginia Division
                                                                    of Environmental Protection



________________________________        __________________________________
Roger W. Calhoun, Director                   James E. Pitsenbarger, Chief
Charleston Field Office                           Office of Abandoned Mine
                                                                   Lands and Reclamation


                            APPENDIX A

                      SITE INSPECTION POLICY


For EY 1998, OSM will conduct AML site inspections according to the following criteria:

     1.   WVDEP and OSM will jointly inspect 10 percent of submitted projects before
          OSM issues an authorization to proceed.  During the site visit the following will
          be evaluated:
               a.  Description of the problem.
               b.  Adequacy of the reclamation proposal.
               c.  Adequacy of the NEPA compliance document.
               d.  Potential for public controversy.
               e.  Eligibility of the project.  

     2.   OSM will respond to all on site requests for technical assistance from the
          WVDEP.

     3.   WVDEP and OSM will jointly conduct preaward, prebid, during construction, and
          final inspection site visits on all projects with a Memorandum of Agreement
          (MOA) under the Historic Preservation Act.

The table below summarizes the projected number of Emergency and Non-Emergency
inspections to be conducted based on the criteria above.  Additional project inspections may
occur based on oversight evaluation work plans developed jointly by OSM and WVDEP or when
determined necessary based on the professional judgement of program staff.

                            APPENDIX B

                      EXCHANGE OF DOCUMENTS

WVDEP Notifications to OSM

Proposed and final changes in State statute or State regulation.

WVDEP will provide the following notifications to OSM for reclamation projects:

     1. A complete Environmental Assessment (EA) or Categorical Exclusion.
     2. For Emergency projects requiring immediate action before the project can be       
         submitted and approved by OSM, the EA should explain the need for the immediate
         action including the investigation, project start, and project completion dates.
     3. A Problem Area Data Sheet (PAD) with each request.  If the site is already in
        AMLIS, the PAD can be eliminated.  On emergency projects, the PAD is submitted
        after the project is completed.
     4. A copy of the investigation report (AML-10) for each emergency reclamation
        project.  

Written or verbal requests for technical assistance.

The AML Site Information Data Sheet on a quarterly basis.

Internal memoranda that assign reclamation projects to specific grants or transfer projects
between grants.

OSM Notifications to WVDEP  

Annual Evaluation Report - The draft West Virginia annual AMLR report will be prepared and
forwarded to the State for review and comment by October 31, 1997.  The State will have 15
days to provide comments to OSM.

Federal court decisions related to challenges to Federal law or regulations

Detailed Oversight Evaluation Reports

Authorizations to Proceed for each approved project with an emergency declaration for each
emergency project

Findings of No Significant Impacts (FONSI)

Federal statutory or regulatory revisions

OSM policy documents    

All directives, policy memoranda, handbooks, etc.

Technical assistance reports

WV Reclamation Plan amendment decisions   

Obligation reports on March 31 and September 30 of each year


                           APPENDIX C                            

             DETAILED OVERSIGHT EVALUATION WORK PLANS