For release: May 4, 1999                         Jerry Childress (202) 208-2719
                                                 jchildre@osmre.gov
                                                                                      
                                                 Andy Gallagher (304) 759-0515
                                                 agallagher@mail.dep.state.wv.us
 
OSM/WVDEP RELEASE FINAL WEST VIRGINIA OVERSIGHT REPORT 
AND ACTION PLAN TO ADDRESS MOUNTAINTOP MINING ISSUES

     Kathy Karpan, Director of the Interior Department's Office of Surface Mining
Reclamation and Enforcement (OSM), today announced the release of OSM's final
oversight report evaluating mountaintop mining issues in West Virginia. 

          According to Karpan, "This report finalizes the conclusions and recommendations
that were set forth in the draft OSM oversight report that was released in December. 
Because none of OSM's initial conclusions and recommendations changed as a result of
public review, OSM chose not to republish the draft report in its entirety.  If interested,
persons should refer to the draft report for further discussion of the findings and
analyses which led to the conclusions and recommendations being announced today."

     "The final report focuses on measures that will be taken to address mountaintop
mining issues in West Virginia," Karpan said. "Remedial work is already underway on
some of the issues.  Future efforts are set forth in an action plan attached to the final
report.  Public participation played an important part in this report. Resolving the issues
raised by the report and by commenters will benefit all of Appalachia."  Karpan added
that OSM's inquiry into mountaintop mining in West Virginia has already led to similar
evaluations being conducted in Virginia, Kentucky and Tennessee.  

     Karpan said that OSM worked closely with the West Virginia Division of
Environmental Protection (WVDEP) to identify the issues and to develop the action plan
to resolve them.  "Often, during the oversight study, as issues were discovered, West
Virginia began taking corrective measures to deal with them immediately," Karpan
added.  The WVDEP/OSM action plan contains measures that provide a means for the
effective and efficient resolution of outstanding mountaintop mining issues identified in
the oversight report.  

     WVDEP Director Michael P. Miano said that the WVDEP is willing to fulfill its
obligations under the action plan.  "The resolution of all of these issues is WVDEP's top
priority," Miano said.   "We have already taken steps to implement some of them, and in
cooperation with OSM, we intend to address the remaining issues within the time frames
set forth in the action plan."     

                                 
     Karpan emphasized that the action plan addresses all of the issues raised in the
oversight report.  The two primary issues are "approximate original contour" (AOC) and
postmining land use determinations.   Last month, OSM and WVDEP announced the
development of a guidance document to assist permit reviewers in making AOC
determinations.   This policy document is currently being reviewed and explained to
industry and the public.  According to Karpan, comments have been favorable, and the
document is being well received.  
                                 
     To resolve the issues concerning postmining land use, OSM is developing policy
guidance to clarify postmining land uses that satisfy the AOC variance requirements of
the Surface Mining Control and Reclamation Act of 1977 (SMCRA).  As a part of the
action plan, the WVDEP has already revised its procedures to restrict AOC variances to
those situations where flat or gently rolling terrain is needed for a postmining land use
allowed under the law.   

     In addition, the action plan sets forth planned oversight and technical assistance
activities for the other issues related to mountaintop mining brought to OSM's attention
through litigation, public participation or routine oversight.  OSM has made a
commitment to clarifying its position relating to the placement of fill material in stream
buffer zones.  OSM will also review the State's procedures for making decisions relating
to hydrologic predictions and contemporaneous reclamation of mountaintop mines.  

     As part of its ongoing effort to resolve these issues, OSM has already sent a team
to assist WVDEP in processing permit applications that involve excess spoil disposal
and to coordinate Federal interagency decisions on permit applications.  Protecting the
environment during coal mining and making sure the land is reclaimed afterward have
been national requirements since SMCRA was passed in 1977.  Under SMCRA, states,
in partnership with OSM, can assume primary responsibility for regulating surface coal
mining reclamation activities within their borders.  West Virginia and 23 other coal states
have chosen to exercise this responsibility through their approved programs.

     For more information regarding the West Virginia report, or media inquiries,
contact:  Al Klein, OSM Appalachian Regional Director, telephone:  (412) 937-2828 or
Andy Gallagher, WVDEP, (304) 759-0515.  Electronic copies of both the initial draft
report and the final report are posted on OSM's Web page.  The reports may be viewed
and downloaded at: http://www.osmre.gov/mtindex.htm.  Additional copies of the final
report may also be obtained from OSM's Charleston Field Office, 1027 Virginia Street
East, Charleston, West Virginia 25301, telephone:  (304) 347-7158.    

                              -OSM-