OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT - Get as PDF by SMRE

VIEWS: 131 PAGES: 22

									OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
                           Annual Evaluation Report

                                     for the

            Regulatory and Abandoned Mine Land Reclamation Programs

                            Administered by the State

                                       of

                                    Arkansas


                                       for


                             Evaluation Year 2006

                      (July 1, 2005, through June 30, 2006)




Arkansas                                                              August 22, 2006
                                                                    TABLE OF CONTENTS

I.         Introduction ...................................................................................................................................................1

II.        Overview of the Arkansas Coal Mining Industry.......................................................................................1

III.       Overview of the Public Participation Opportunities in the Oversight Process and the State Program2

IV.        Major Accomplishments/Issues/Innovations in the Arkansas Program...................................................2

           A.       Regulatory Program ............................................................................................................................2

           B.       Abandoned Mine Land Reclamation Program .................................................................................3

V.         Success in Achieving the Purposes of SMCRA Determined by Measuring and Reporting End Results
           .........................................................................................................................................................................4

           A.       Off-Site Impacts ...................................................................................................................................4

           B.       Reclamation Success ............................................................................................................................4

           C.       Customer Service .................................................................................................................................5

VI.        OSM Assistance .............................................................................................................................................5

VII.       General Oversight Topic Reviews................................................................................................................5

Appendix A: Tabular Summaries of Data................................................................................................................8

Appendix B: State Comments on Report..................................................................................................................9




Arkansas                                                                                                                                          August 22, 2006
I.         Introduction

           The Surface Mining Control and Reclamation Act of 1977 created the Office of Surface Mining
           Reclamation and Enforcement in the Department of the Interior. SMCRA provides authority to OSM to
           oversee the implementation of and provide Federal funding for State regulatory programs that have been
           approved by OSM as meeting the minimum standards specified by SMCRA. This report contains summary
           information regarding the Arkansas program and the effectiveness of the Arkansas program in meeting the
           applicable purposes of SMCRA as specified in Section 102. The evaluation period covered by this report is
           July 1, 2005, to June 30, 2006.

           The primary focus of OSM’s oversight policy is an on-the-ground, result-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. Public participation
           is encouraged 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 standards.

           OSM’s oversight guidance emphasizes that oversight is a continuous and ongoing process. To further the
           idea of continuous oversight, this annual report is structured to report on OSM’s and Arkansas’ 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 Office of Surface Mining, Tulsa
           Field Office, 1645 South 101st E. Ave., Suite 145, Tulsa, Oklahoma 74128-4629.

           The following acronyms are used in this report:

           ADEQ            Arkansas Department of Environmental Quality
           AEA             Alternative Enforcement Action
           AMD             Acid Mine Drainage
           AML             Abandoned Mine Land
           AMLIS Abandoned Mine Land Inventory System
           AMLR Abandoned Mine Land Reclamation
           AVS             Applicant Violator System
           EY              Evaluation Year
           FTA CO Failure to Abate Cessation Order
           FTE             Full Time Equivalent
           FWS              Fish and Wildlife Service
           MCR             Mid-Continent Regional Office
           NEPA            National Environmental Policy Act
           NOV             Notice of Violation
           NTTP            National Technical Training Program
           OSM             Office of Surface Mining Reclamation and Enforcement
           SMCRA Surface Mining Control and Reclamation Act of 1977
           T&E             Threatened and Endangered Species
           TDN             Ten-Day Notice
           TFO             Tulsa Field Office
           TIPS            Technical Innovation and Professional Services

II.        Overview of the Arkansas Coal Mining Industry

           Arkansas has reserves of bituminous, semianthracite, and lignite coal. The original bituminous and
           semianthracite coal reserves were estimated at approximately 2.2 billion tons, half of which is considered
           recoverable. Prior to the 1950’s, much of the coal was mined by underground mining methods. Since then,
           most of Arkansas coal has been mined by area surface mining methods. Remining, especially surface
           mining methods to remove coal left in pillars in old underground mines and removing coal from old coal


Arkansas                                                     1                                    August 22, 2006
           mine waste piles, has been common. Lignite, potentially a major energy resource in Arkansas, was mined
           in southern Arkansas before the Civil War and used as a fuel by local industries. The Arkansas lignite
           deposits are estimated as high as 9 billion tons. In 1988, an exploratory operation confirmed that Arkansas
           lignite could be used in the State’s coal-fired energy plants. As yet, the lignite field has not been
           developed. In calendar year 2005, 2 coal-producing operations produced approximately 199,595.93 tons of
           bituminous coal using surface mining methods. The majority of the production was from a surface
           operation located on the Arkansas/Oklahoma boarder. Permitted acreage remained essentially static from
           EY 2005 at approximately 1,670 acres. The coal industry in Arkansas employs approximately 35 to 50
           people on a daily basis. In the past several years employment has been around 25 people or less. Most of
           the increase in employment resulted from a new flurry of development activity at the State’s one permitted
           underground mine, which underwent an ownership change late in the evaluation year.

III.   Overview of the Public Participation Opportunities in the Oversight Process and the                          State
Program

           The State allows public participation in a number of ways including commenting on permit and major
           revision applications and State rule making. The public can also participate in the formal review process of
           many State decisions related to permitting and inspection and enforcement matters. The public can further
           participate in the State inspection and enforcement process through bond releases and citizen’s request for
           inspections. Each public notice of an AML project includes an invitation for members of the public to
           provide input on the need for the proposed project, how the proposed project should be carried out, what
           the post reclamation use of the project should be, and suggestions of other possible coal-related reclamation
           sites in Arkansas. Given the various opportunities, the general public has historically participated in the
           oversight process and the State program on a minimal level.


IV.        Major Accomplishments/Issues/Innovations in the Arkansas Program

           A.       Regulatory Program

                   ADEQ operated with 50 percent Federal funding with a grant from OSM of
           $145,457. ADEQ had a staff of 3.9 FTE’s devoted to its regulatory program.

                    During EY 2003, ADEQ used collected reclamation performance bond funds supplemented with
                    ADEQ trust monies to complete grading, planting of temporary vegetation, and treatment of the
                    acidic pond at the Scott Branch H.E.S. 0423-MC site. The pH of the water discharging from the
                    site remained within compliance throughout EY 2004, only to become acidic again during EY
                    2005. After a prolonged dry spell during EY 2006, the pH of the water in the sites one sediment
                    pond improved enough to be in compliance with effluent discharge limitations.

                    Late in the eva luation period ADEQ started reclamation of the Titan Mining, Ltd. site. The
                    abandoned interim site is being reclaimed predominately with AML funds which are being used to
                    make up the difference between bond funds forfeited and collected and the actual cost of
                    reclaiming the site. The performance bond of $80,240.67 was collected on April 12, 1988. In
                    its program narrative for its AML grant request, ADEQ estimated the AML funding needed to
                    complete the reclamation at approximately $220,000. The State determined the site was a Priority
                    2. On February 2, 2006, OSM issued an ATP for ADEQ to use AML funds for reclamation
                    construction activities. 30 CFR 874.12 allows the use of AML funds for reclamation at interim
                    sites provided any funds for reclamation or abatement that are available pursuant to a bond or
                    other form of financial guarantee or from any other source are not sufficient to provide for
                    adequate reclamation or abatement at the site. The site must qualify as a Priority 1 or 2. Priority
                    will be given to those sites that are in the immediate vicinity of a residential area or that have an
                    adverse economic impact upon a community. When the reclamation of a site covered by an
                    interim permit is carried out under the AML program, the permittee of the site shall reimburse the
                    AML fund for the cost of reclamation that is in excess of any bond forfeited to ensure reclamation



Arkansas                                                    2                                     August 22, 2006
                . On June 15, 2005, ADEQ Legal Division completed its review for possible AEA and determined
                an attempt to recover additional funds for reclamation of the site from Titan’s principals would not
                be cost effective.

                ADEQ is making steady progress in getting a backlog of old abandoned Title V sites reclaimed.

           B.   Abandoned Mine Land Reclamation Program

                ADEQ is the agency designated by the State to administer its AMLR Program. In EY 2006 it
                operated with a grant of $1.52 million and a staff of 6.7 FTE’s. Project selection is based on a
                system that considers protection of the public health, safety and general welfare, and property
                from danger of the adverse effects of past coal mining practices. ADEQ solicited citizen input for
                projects selected for construction.

                Most planning and design is done with in-house staff. Projects selected for construction met
                eligibility requirements under the approved AML program. The health and safety features on
                projects were open strip pits with dangerous highwalls and associated water impoundments, and
                industrial or residential waste located near the general public. Pits were filled in with mine spoil
                and highwalls reclaimed to eliminate the hazard. The industrial/residential waste was removed to
                a designated landfill. ADEQ has invited involvement of the general public and local citizens in
                project selection before construction.

                ADEQ followed standard construction practices using State approved contracting procedures.
                ADEQ has a large project under construction located in Johnson County, Arkansas. The 120-acre
                Priority 2 project will eliminate approximately 1,000 linear feet of dangerous highwall, 1
                hazardous water body, and grade 10 acres of dangerous piles and embankments. This project will
                also eliminate 67 acres of Priority 3 spoils. The westernmost segment of the highwall will be
                blasted to reduce the slope to a 3:1 configuration.

                Another project under construction located in Huntington, Arkansas, will eliminate approximately
                1,000 linear feet of dangerous highwall and remove 400 tons (3 acres) of industrial/residential
                waste. After completion of this project, approximately 100 feet of a 14-inch waterline that extends
                through a portion of the pit will be replaced by the South Sebastian County Water Users
                Association, the owner of the waterline.

                ADEQ completed construction on two non-emergency projects during the evaluation period. With
                the completion of these two projects, ADEQ AML Program abated additional coal related
                problems including 1,500 lineal feet of highwall, 5 hazardous water bodies, 1 acre of
                industrial/residential waste, 75 acres of dangerous piles and embankments, and 1 acres of
                subsidence.

                ADEQ’s AML program properly implemented interagency/intergovernmental coordination. All
                of the necessary rights-of-entry were obtained from landowners prior to construction. All required
                AVS checks were completed on successful bidders prior to award of the contract. Goals of the
                completed projects met the goals of the project proposals.

                In the previous evaluation year, it was noted that ADEQ had not followed its approved State
                Reclamation Plan for project selection because not all members of the Reclamation Review
                Committee were notified of ADEQ’s proposal to reclaim the Huntington Town West Project.
                ADEQ is now following its approved reclamation plan for project ranking and selection by
                including all members of the Reclamation Review Committee in obtaining guidance, input, and
                project approval of proposed AML projects.

                During EY 2006, ADEQ investigated and completed one emergency project consisting of closing
                an open subsidence feature in the backyard of a residence in the Jenny Lind community. After



Arkansas                                                3                                     August 22, 2006
                    completion of this emergency project, another subsidence was discovered in an adjacent yard.
                    This hazard was placed on the AMLIS inventory and abated under a non-emergency project.

V.         Success in Achieving the Purposes of SMCRA Determined by Measuring and Reporting End Results

           To further the concept of reporting end results, the findings from performance standards and public
           participation 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, which meet the
           bond release requirements for the various phases of reclamation and the effectiveness of customer service
           provided by the State. Individual topic reports are available in TFO that provide additional details on how
           the following evaluations and measurements were conducted.

           A.       Off-Site Impacts

                    An off-site impact is an adverse effect that extends beyond the permit boundary and is a violation
                    of the State program. A potential observation of an off-site impact is defined as an inspection,
                    either State or Federal, partial or complete. When a Federal observation leads to a State
                    observation, the observation is counted only once. Information was gathered from State and
                    Federal inspection reports and State inspector statements, civil penalty assessment documents, and
                    State off-site impact forms. Since all Federal inspections were joint inspections with the State, the
                    number of opportunities to observe off-site impacts were equal to the number of State inspections
                    during the evaluation period. ADEQ conducted a total of 146 inspections on 12 sites during EY
                    2006. The 13 off-site impact observations were a slight decrease over the 16 off-site impacts
                    observed the previous year. The number of sites observed producing off-site impacts also
                    decreased from the previous evaluation. The 13 observations came from 2 sites compared to 5
                    sites producing off-site impacts in EY 2005. The number of off-site impact observations for both
                    this and the previous evaluation period is significantly over what was found in the last several
                    years prior to EY 2005. The spike in off-site impact numbers can be traced to Russ and Sons, Inc.,
                    0420-MC that routinely discharges water that is out of compliance with pH limitations. The Phase
                    I bond released surface mine operation was responsible for 12 of the 13 off-site impacts observed
                    in EY 2006. In response to a Federal TDN, ADEQ issued an NOV in August 2004, for failure to
                    meet effluent limitations and failure to remove acid/toxic-forming material from the material used
                    for the pond embankment. The operator made no attempt to abate the violations and the State
                    issued an FTA CO in September 2004. In 2005, OSM discussed possible ways to speed up the
                    legal aspects of bond forfeiture process with ADEQ so that the acid water discharges could be
                    addressed in a timely manner. In April 2006, ADEQ filed a bond forfeiture complaint in the
                    Circuit Court of Scott County, Arkansas. As of the end of the evaluation period, a hearing date
                    had not been set.

                    The other Arkansas site producing an off-site impact was the active underground operation
                    Hartshorne Carbon Company 0422-MC. During a joint OSM/ADEQ inspection in February 2006,
                    ADEQ issued an NOV for conducting a mining activity in an area off of the permit. With the area
                    being approved for addition to the permit and approved sediment control in place, ADEQ
                    terminated its NOV in April 2006. Ten sites, which is 83.3 percent of Arkansas inspectible units,
                    were free from off-site impacts.

                    For the second year in a row, Arkansas produced a significant number of off-site impacts. It is
                    anticipated that once the site producing the bulk of off-site impacts the last 2 years is successfully
                    reclaimed with bond forfeiture money the numbers will decline. All 13 off-site impacts reported
                    were hydrologic. One impacted land and 12 impacted water resources. Four of the impacts were
                    judged as minor and 8 were judged as moderate. All 13 off-site impacts were judged as repairable
                    (See Table 4).

           B.       Reclamation Success




Arkansas                                                     4                                     August 22, 2006
                    OSM is evaluating reclamation success by comparing the number of acres released in comparison
                    with acres disturbed. At the end of EY 2005, Arkansas had 1,120.82 disturbed acres. No bond
                    releases were approved during EY 2006. An additional 72 acres of new disturbance occurred
                    during EY 2006. (See Table 5).

           C.       Customer Service

                    The Customer Service topic for this year’s review was handling of bond releases. No Arkansas
                    bond releases were processed during the evaluation period. The last bond release approved was in
                    November 2004.


VI.        OSM Assistance

           ADEQ staff attended NTTP training courses in Enforcement Procedures, NEPA Procedures, CSI-Water
           (Forensic Hydrologic Investigation), and Applied Engineering Principles. ADEQ staff also attended a
           TIPS course on SEDCAD for Mine Permitting and Reclamation. OSM provided $145,457, which was 50
           percent of ADEQ’s administrative and enforcement budget for its approved regulatory program. OSM
           provided 100 percent funding for ADEQ’s AMLR program (See Table 8).

VII.       General Oversight Topic Reviews

           OSM intends the oversight reviews and reports be used as a basis for continuing joint efforts in assisting
           the State in meeting its regulatory responsibilities. Detailed background information and comprehensive
           reports for the program elements evaluated during the period are available for review and copying at the
           Office of Surface Mining, Tulsa Field Office, 1645 South 101st E. Ave., Suite 145, Tulsa, Oklahoma
           74128-4629.

           Mine-Site Evaluation: During EY 2006, TFO conducted 4 complete oversight inspections on Arkansas
           mines. All inspections were conducted jointly with ADEQ. No Federal enforcement actions were taken.

           Bond Forfeiture Reclamation: The review was completed by a joint ADEQ/OSM team and included
           three sites on which ADEQ has forfeited and collected the available reclamation performance bonds. In the
           final days of EY 2005 the ADEQ Legal Division completed its review of possible AEA against the
           responsible principals of interim program Titan Mining, Ltd. and determined pursuing AEA was not cost
           effective. During EY 2006 ADEQ obtained AML funds to supplement the $80,240.67 in bond it collected.
           ADEQ estimated it would cost $290,000 to reclaim the site. Construction on the Titan Reclamation Project
           started late in EY 2006. Since the Titan site will be reclaimed to AML standards, the site will be dropped
           from the bond forfeiture reclamation review.

           The reclaimed portion of Area C of the Sugarloaf Mining Company site had evidence of heavy grazing and
           Travis Lumber continued to dump wastes from its sawmill operations on its property. The roads in Areas
           A and B continued to deteriorate as the site is used for local recreation and illegal dumping. ADEQ’s Legal
           Division has not completed its 3-year review of the potential to pursue AEA on the Sugarloaf site.

           The pH of the discharge pond on the Hydro-Extraction Systems, Inc. (Scott Branch) site increased with dry
           weather, meeting discharge limitations for pH most of the evaluation period. Dry conditions likely
           contributed to significant mortality for the pine trees on the site. All collected bond funds have been spent
           on the Scott Branch site.

           Acid Mine Drainage Title V: The AMD project is being addressed by a joint ADEQ/TFO AMD Team
           that was formed in 1997 in response to an OSM national emphasis on repairing the impacts of past and
           current AMD and prevention of future AMD occurrences. Six sites were identified as acid producing: one
           forfeiture, one in reclamation, and four active. MCR completed initial sampling in December 2001 with
           follow-up sampling during December 2002. The current sampling phase is intended to determine the long-



Arkansas                                                    5                                     August 22, 2006
           term nature of the low pH water previously documented on these sites, develop treatment costs, and
           provide the basis for adjustments to reclamation performance bonds where applicable. One additional site
           was added during the previous evaluation period. It historically produced acidic water in one pond, but
           had maintained compliance pH for a few years. The pond turned acidic again. During EY 2005, ADEQ
           completed bond forfeiture reclamation on the Great National Corporation site and terminated its
           jurisdiction over the site. The AMD Team conducted additional background sampling on the six remaining
           sites during EY 2005. All sites were producing water with a pH below 6.0. During EY 2006, the AMD
           Team anticipated assistance from MCR in evaluating if it has adequate background data to develop long-
           term AMD treatment costs for some of the sites. The Team also expected MCR’s assistance in continued
           background sampling on sites that lack adequate background water quality data. Due to MCR staffing
           realignments, the anticipated assistance did not materialize until after the evaluation period. During EY
           2007, the AMD Team, with assistance from MCR, will begin to develop long-term treatment plans and
           estimates for costs of implementing the plans by a third party.

           Reclamation Performance Bonding: OSM reviewed all permits that had removed coal within the last
           year to determine if amounts of posted reclamation performance bonds are adequate to cover the costs of
           third party reclamation and if they conform to regulatory industry standards. Three permits were evaluated.
           OSM recommended ADEQ revise its forms for filing performance bonds to require the operators to reflect
           what the bond represents (amount of new acreage, amount of decrease/increase in acreage, type of changes
           in operation and/or reclamation plans). OSM found that ADEQ must change its procedures for bond
           calculations to include a 5-year inflation factor on direct costs or initiate periodic bond reviews at a
           minimum at midterm permit reviews and permit renewals. OSM also informed the State it needed to apply
           indirect costs to all calculations consistently as shown in the “Handbook for Calculations of Reclamation
           Bond Amounts.” OSM found the Farrell-Cooper Mining Company permit had adequate bond and the
           Comer Mining Company permit had adequate bond provided Area A would not be mined. Since the study,
           Comer Mining submitted a request to change the land use on Area A to drilling mud disposal. OSM found
           the Hartshorne Carbon Company underground mine was currently under bonded by more or less $176,000.

           By letter dated July 18, 2006, ADEQ stated it would review its internal bonding procedures to ensure that
           bond amounts are kept at adequate levels. ADEQ has also provided the Comer and Hartshorne Carbon
           operators a copy of OSM’s bonding report and asked the operators to review the bond calculations that
           indicate additional bond is needed. The operator’s responses are pending.

           Implementation of 1996 Biological Opinion: As a topic of national concern, the purpose of the review
           was to determine if T&E and their critical habitats are properly addressed during the permitting and permit
           revision process.

           In 1996, OSM and FWS signed a Biological Opinion, which states that the Endangered Species Act Section
           7 Consultation will be met if SMCRA is fully implemented. This means that the State Regulatory
           Authorities must:

               •    Require T&E species information in permit documents,

               •    Use that information to determine whether the mining operations will pose a threat to threatened
                    and endangered species,

               •    Provide the mining and reclamation plans to State and Federal fish and wildlife agencies for
                    comment and recommendations, and

               •    Ensure that the approved mining and reclamation plans provide protection for threatened and
                    endangered species.

           In 2002, OSM in cooperation with FWS and State Coal Mining and Reclamation Regulatory Authorities
           developed training to ensure the OSM, State Regulatory Authority, and FWS staff know what the
           Biological Opinion requires. That training was provided in 2003. This topic is being reviewed at this time



Arkansas                                                   6                                    August 22, 2006
           to ensure that the Biological Opinion has been incorporated into State Program procedures and to ensure
           that T&E species have been afforded protection from coal mining and reclamation operations.

           TFO reviewed Arkansas’ permitting documents to determining whether ADEQ has implemented its
           approved State regulatory program by requiring appropriate information and plans to identify the presence
           of T&E species and protect those that are found. The study sample population was all permits that mined
           coal within the last year. Three permits were evaluated. For all three permits the resource agencies
           responsible for T&E and associated critical habitats determined T&E and critical habitats were not present
           on the permitted areas.

           State and Federal fish and wildlife agencies have been given the opportunity to comment and provide
           recommendations on the presence of T&E species.




Arkansas                                                   7                                    August 22, 2006
                                    Appendix A: Tabular Summaries of Data


These tables present data pertinent to mining operations and State and Federal regulatory activities within Arkansas.
They also summarize funding provided by OSM and Arkansas staffing. Unless otherwise specified, the reporting
period for the data contained in all tables is July 1, 2005, to June 30, 2006. Additional data used by OSM in its
evaluation of Arkansas' performance is available for review in the evaluation files maintained by TFO.




Arkansas                                                  8                                    August 22, 2006
                                                                                 Arkansas
                                                              EY 2006 ending June 30, 2006




                                         TABLE 1


                             COAL PRODUCTION
                                (Millions of short tons)


        Period                 Surface              Underground
                                mines                  mines                     Total
Coal productionA for entire State:
    Annual Period


         2003                            0.007                   0.000                   0.007


         2004                            0.044                   0.000                   0.044


         2005                            0.200                   0.000                   0.200

        Total                            0.251                  0.000                    0.251


A Coal production as reported in this table is the gross tonnage which includes coal that is
  sold, used or transferred as reported to OSM by each mining company on form OSM-1
  line 8(a). Gross tonnage does not provide for a moisture reduction. OSM verifies tonnage
  reported through routine auditing of mining companies. This production may vary from
  that reported by States or other sources due to varying methods of determining and
  reporting coal production.




                                                 T-1
                                                                                                                            Arkansas
                                                                                                         EY 2006 ending June 30, 2006


                                                                  TABLE 2

                                                      INSPECTABLE UNITS
                                                             As of June 30, 2006

                                              Number and status of permits

                                  Active or                                                                                 Permitted acreageA
       Coal mines               temporarily           Inactive                                                              (hundreds of acres)
       and related                 inactive           Phase II          Abandoned              Totals           Insp.
        facilities           bond release                      UnitsD
                   IP   PP    IP     PP    IP   PP   IP   PP                                                                 IP         PP       Total
STATE AND PRIVATE LANDS REGULATORY AUTHORITY: STATE
 Surface mines        0    6     0       0    2    3    2    9      11                                                         1.2      14.5       15.7
 Underground mines    0    1     0       0    0    0    0    1        1                                                          0         1          1
 Other facilities     0    0     0       0    0    0    0    0        0                                                          0         0          0
  Subtotals           0    7     0       0    2    3    2   10      12                                                         1.2      15.5       16.7
FEDERAL LANDS            REGULATORY AUTHORITY: STATE
 Surface mines        0    0     0       0    0    0    0    0        0                                                             0        0        0
 Underground mines    0    0     0       0    0    0    0    0        0                                                             0        0        0
 Other facilities     0    0     0       0    0    0    0    0        0                                                             0        0        0
  Subtotals           0    0     0       0    0    0    0    0        0                                                             0        0        0
ALL LANDSB
 Surface mines                         0        6        0         0         2         3         2        9            11      1.2      14.5       15.7
 Underground mines                     0        1        0         0         0         0         0        1             1        0         1          1
 Other facilities                      0        0        0         0         0         0         0        0             0        0         0          0
  Totals                               0        7        0         0         2         3         2       10            12      1.2      15.5       16.7

Average number of permits per inspectable unit (excluding exploration sites)                                       1

Average number of acres per inspectable unit (excluding exploration sites)                                       139

Number of exploration permits on State and private lands:                          0                          On Federal landsC:                  0

Number of exploration notices on State and private lands:                          0                          On Federal landsC:                  0

IP: Initial regulatory program sites
PP: Permanent regulatory program sites

A
    When a unit is located on more than one type of land, include only the acreage located on the indicated type of land.
B
    Numbers of units may not equal the sum of the three preceding categories because a single inspectable unit may include lands
    in more than one of the preceding categories.
C
     Includes only exploration activities regulated by the State pursuant to a cooperative agreement with OSM or by OSM pursuant
    to a Federal lands program. Excludes exploration regulated by the Bureau of Land Management.
D
     Inspectable Units includes multiple permits that have been grouped together as one unit for inspection frequency purposes by
    some State programs.




                                                                          T-2
                                                                                                                              Arkansas
                                                                                                           EY 2006 ending June 30, 2006




                                                                 TABLE 3

                                        STATE PERMITTING ACTIVITY
                                              As of June 30, 2006
                                   Surface                  Underground                        Other
     Type of                        mines                      mines                          facilities                        Totals
    Application           App.                           App.                        App.                              App.
                                                                           A
                          Rec. Issued        Acres       Rec. Issued Acres           Rec. Issued           Acres       Rec. Issued       Acres

New Permits                    0         0           0       0        0          0        0          0             0        0       0            0

Renewals                       0         1        95         0        0          0        0          0             0        0       1        95

Transfers, sales and           0         0                   1        0                   0          0                      1       0
assignments of
permit rights

Small operator                 0         0                   0        0                   0          0                      0       0
assistance

Exploration permits            0         0                   0        0                   0          0                      0       0

Exploration noticesB                     0                            0                              0                              0

Revisions (exclusive                     2                            1                              0                              3
of incidental
boundary revisions)

Incidental boundary                      0           0                0          0                   0             0                0            0
 revisions
Totals                         0         3        95         1        1          0        0          0             0        1       4        95

OPTIONAL - Number of midterm permit reviews completed that are not reported as revisions.                               0

A
    Includes only the number of acres of proposed surface disturbance.
B
    State approval not required. Involves removal of less than 250 tons of coal and does not affect lands designated unsuitable
    for mining.




                                                                     T-3
                                                                                                                                                                         Arkansas
                                                                                                                                                      EY 2006 ending June 30, 2006




                                                                                    TABLE 4
                                                                              OFF-SITE IMPACTS
     RESOURCES AFFECTED                                   People                               Land                               Water                           Structures
      DEGREE OF IMPACT                        minor       moderate    major       minor       moderate    major       minor       moderate    major       minor       moderate    major
 TYPE OF Blasting                                     0           0           0           0           0           0           0           0           0           0           0           0
  IMPACT   Land Stability                             0           0           0           0           0           0           0           0           0           0           0           0
    AND    Hydrology                                  0           0           0           1           0           0           4           8           0           0           0           0
   TOTAL   Encroachment                               0           0           0           0           0           0           0           0           0           0           0           0
NUMBER OF Other                                       0           0           0           0           0           0           0           0           0           0           0           0
EACH TYPE Total                                       0           0           0           1           0           0           4           8           0           0           0           0

Total number of inspectable units:                                     8
Inspectable units free of off-site impacts:                            6

                                                  OFF-SITE IMPACTS ON BOND FORFEITURE SITES
     RESOURCES AFFECTED                                   People                               Land                               Water                           Structures
      DEGREE OF IMPACT                        minor       moderate    major       minor       moderate    major       minor       moderate    major       minor       moderate    major
 TYPE OF Blasting                                     0           0           0           0           0           0           0           0           0           0           0           0
  IMPACT   Land Stability                             0           0           0           0           0           0           0           0           0           0           0           0
    AND    Hydrology                                  0           0           0           0           0           0           0           0           0           0           0           0
   TOTAL   Encroachment                               0           0           0           0           0           0           0           0           0           0           0           0
NUMBER OF Other                                       0           0           0           0           0           0           0           0           0           0           0           0
EACH TYPE Total                                       0           0           0           0           0           0           0           0           0           0           0           0

Total number of inspectable units:                                     4
Inspectable units free of off-site impacts:                            4



Refer to the report narrative for complete explanation and evaluation of the information provided by this table.



                                                                                              T-4
                                                                                                 Arkansas
                                                                              EY 2006 ending June 30, 2006




                                                TABLE 5

      ANNUAL STATE MINING AND RECLAMATION RESULTS
                                                                                        Acreage released
    Bond release                 Applicable performance standard                           during this
       phase                                                                            evaluation period

      Phase I         - Approximate original contour restored
                      - Topsoil or approved alternative replaced                                  0.00

      Phase II        - Surface stability
                      - Establishment of vegetation                                               0.00

                      - Post-mining land use/productivity restored
                      - Successful permanent vegetation
      Phase III       - Groundwater recharge, quality and quantity
                        restored
                      - Surface water quality and quantity restored
                                                                                                  0.00
                                                                  A
                                  Bonded Acreage Status                                          Acres
Total number of acres bonded at end of last review period
                B
(June 30, 2005)                                                                                  907.00
Total number of acres bonded during this evaluation year                                          0.00
Number of acres bonded during this evaluation year that are
considered remining, if available                                                                 0.00
Number of acres where bond was forfeited during this evaluation
year (also report this acreage on Table 6)                                                        0.00


A
     Bonded acreage is considered to approximate and represent the number of acres
     disturbed by surface coal mining and reclamation operations.
B
     Bonded acres in this category are those that have not received a Phase III or other final
     bond release (State maintains jurisdiction).




                                                      T-5
                                                                                                      Arkansas
                                                                                   EY 2006 ending June 30, 2006


                                                     TABLE 6


                       STATE BOND FORFEITURE ACTIVITY
                                     (Permanent Program Permits)
                                                                                          Number
Bond Forfeiture Reclamation Activity by SRA
                                                                                          of Sites            Acres
Sites with bonds forfeited and collected that were unreclaimed as of
June 30, 2005 (end of previous evaluation year) A                                             3               138.00

Sites with bonds forfeited and collected during Evaluation Year 2006
(current year)                                                                                0                0.00

Sites with bonds forfeited and collected that were re-permitted during
Evaluation Year 2006 (current year)                                                           0                0.00

Sites with bonds forfeited and collected that were reclaimed during
Evaluation Year 2006 (current year)                                                           0                0.00

Sites with bonds forfeited and collected that were unreclaimed as of
June 30, 2006 (end of current year) A                                                         3               138.00

Sites with bonds forfeited but uncollected as of June 30, 2006 (end of
current year)                                                                                 0                0.00
Surety/Other Reclamation (In Lieu of Forfeiture)

Sites being reclaimed by surety/other party as of June 30, 2005 (end of
previous evaluation year)B                                                                    0                0.00

Sites where surety/other party agreed to do reclamation during Evaluation
Year 2006 (current year)                                                                      0                0.00

Sites being reclaimed by surety/other party that were re-permitted during
Evaluation Year 2006 (current year)                                                           0                0.00

Sites with reclamation completed by surety/other party during Evaluation
Year 2006 (current year) C                                                                    0                0.00

Sites being reclaimed by surety/other party as of June 30, 2006 (current
evaluation year) B                                                                            0                0.00
A
    Includes data only for those forfeiture sites not fully reclaimed as of this date
B
    Includes all sites where surety or other party has agreed to complete reclamation and site is not fully
    reclaimed as of this date
C
    This number also is reported in Table 5 as Phase III bond release has been granted on these sites




                                                            T-6
                                                                      Arkansas
                                                   EY 2006 ending June 30, 2006




                                      TABLE 7

                              STATE STAFFING
           (Full-time equivalents at the end of evaluation year)

                           Function                            EY 2006

Regulatory Program

 Permit review                                                     0.60

 Inspection                                                        1.15

 Other (administrative, fiscal, personnel, etc.)                   2.20
Regulatory Program Total                                           3.95

AML Program Total                                                  6.70
TOTAL                                                              10.65




                                            T-7
                                                                                        Arkansas
                                                                     EY 2006 ending June 30, 2006




                                               TABLE 8



                          FUNDS GRANTED TO ARKANSAS
                                   BY OSM
                                            (Millions of dollars)

                                                EY 2006

                     Type                               Federal             Federal Funding as a
                      of                                 Funds                 Percentage of
                     Grant                              Awarded             Total Program Costs

Regulatory - Administration & Enforcement                           $0.14                    50%
Regulatory - Small Operator Assistance                              $0.00
Regulatory Totals                                                   $0.14                    50%

AMLR - Administration & Construction                                $1.52                   100%
AMLR Totals                                                         $1.52
       Total Regulatory & AMLR                                      $1.66




                                                     T-8
                                                                            Arkansas
                                                         EY 2006 ending June 30, 2006




                                      TABLE 9


                      STATE INSPECTION ACTIVITY

                PERIOD: JULY 1, 2005 - JUNE 30, 2006

        Inspectable Unit                  Number of Inspections Conducted
            Status                      Complete                   Partial
Active*                                    28                        58
Inactive*                                   0                         0
Abandoned*                                 20                        40
Total                                      48                        98
Exploration                                 0                         0


* Use terms as defined by the approved State program.




                                           T-9
                                                                                 Arkansas
                                                              EY 2006 ending June 30, 2006




                                          TABLE 10


                       STATE ENFORCEMENT ACTIVITY

                      PERIOD: JULY 1, 2005 - JUNE 30, 2006

         Type of Enforcement                      Number of            Number of
                Action                             Actions*            Violations*
Notice of Violation                                    4                   10
Failure-to-Abate Cessation Order                       0                   0
Imminent Harm Cessation Order                          0                   0


* Do not include those violations that were vacated.




                                                T-10
                                                                             Arkansas
                                                          EY 2006 ending June 30, 2006




                                      TABLE 11




                        LANDS UNSUITABLE ACTIVITY

                    PERIOD: JULY 1, 2005 - JUNE 30, 2006

Number of Petitions Received                              0
Number of Petitions Accepted                              0
Number of Petitions Rejected                              0

Number of Decisions Declaring Lands              Acreage Declared as
                                         0                                   0
Unsuitable                                        Being Unsuitable

Number of Decisions Denying Lands                 Acreage Denied as
                                         0                                   0
Unsuitable                                        Being Unsuitable




                                        T-11
                                   Appendix B: State Comments on Report

James Stephens, Chief, Surface Mining & Reclamation Division, ADEQ supplied TFO with comments and
suggested minor editorial changes to the Draft EY 2006 Annual Evaluation Report by e-mail dated August 22, 2006.
All of the suggested changes were incorporated into the Final Report.




Arkansas                                               9                                  August 22, 2006

								
To top