(Corrected and Approved Feb 16, 2005)

WPCAMR

Western PA Coalition for Abandoned Mine Reclamation

Quarterly Meeting Minutes

Nov 10, 2004

Eat’N’Park, Indiana, PA

In attendance:

David Beale (Armstrong) Bill Doney (Westmoreland) Jim Eckenrode (Blair) Bruce Golden (Staff) Tom Grote Bernie Hoffnar (Bedford) Carl Jones (Somerset) Len Lichvar John Linkes Rob McHale

Lester McNutt (Somerset) Jim Panaro (Secretary) Karin Pannaman (Staff) Greg Phillips (Treasurer) Garry Price (319 Grant Advisor) Melissa Reckner (Staff) Deb Simko (Staff) Dave Strong LeeRoy Vatter (Indiana) Jim Zoschg (Cameron)

Meeting was called to order by Treasurer Greg Phillips at 10:10 am, who chaired the meeting. Greg reported that President Bob Eppley was ill and unable to attend.

Greg chose to rearrange the published agenda order to bring priority items up quicker.

Greg offered the minutes from the previous quarterly meeting held Aug 10, 2004 for discussion. Motion to accept minutes as presented made by Bernie Hoffnar / Jim Eckenrode. Motion passed.

Greg read the treasurer’s report. Motion to accept the treasurer’s report by Bernie Hoffnar / LeeRoy Vatter passed.

Related to the treasurer’s report and the balance of $238 in the 319 account, Deb Simko brought up concerns of being able to meet obligations in a timely manner because of cash flow difficulties resulting from the time lags associated with the reimbursement process. Bruce Golden stated that cash flow was an issue and hopefully will be addressed soon with an anticipated payment of $25,000 in working capital from the 319 program. He stated that every year when the new fiscal year begins, the $25,000 “up-front” payment lags and this year is particularly problematic because of a contract amendment enabling the working capital that was slow in coming. Project advisor Garry Price said that he has little control when the process goes external to DEP as this now is, but anticipated a payment within a couple of weeks. Greg brought up the idea of getting a line of credit to smooth the process, with Bruce reinforcing the concept. Tom Grote felt it was a good idea to have a line of credit as a backup suggesting $50,000 as the figure use by his organization. On a motion by Bernie Hoffnar / Dave Beale to obtain quotes from 3 separate financial institutions, and to select one, for a credit line of $50,000 was made to address the issue. Motion passed.

Bruce brought up another financial matter. He stated that WPCAMR’s current accountant is becoming more pricey and is not always responsive when asked for advice. Further, Bruce said that Westmoreland Conservation District, who currently handles payroll, has expressed an interest in no longer providing that service in the future. Bruce suggested that WPCAMR might want to consider shopping for another accountant. Bernie Hoffnar suggested that doing payroll in-house may not be that difficult to handle. Greg suggested that payroll services can be cheap and offer good check and balances and offer time savings to staff. A motion by LeeRoy Vatter / Jim Ecenrode directed WPCAMR staff to obtain 3 estimates for accounting services and 3 estimates for payroll services. Motion carried.

Greg reported audit results from Richard Patterson for the time period of and Dec 31, 2003 which concluded that the records were in conformity with standard accounting practices. The report is on file at WPCAMR office.

Bruce reported that the IRS indicating that WPCAMR’s provisional status as a public charity under section 501(c)3 is no longer provisional, and retains its public charity designation. Letter on file. Bill Doney suggested checking on the “permanency” of that status.

Tentative dates for 2005 WPCAMR quarterly meetings were established as follows:

· Wednesday, February 16, 2005 (Eat’N’Park, Indiana, PA)

· Thursday, May 12, 2005 (Dubois area)

· Thursday, August 11, 2005 (location not yet determined)

· Wednesday, November 9, 2005 (Eat’N’Park, Indiana, PA)

Deb suggested that in order to better serve conservation districts having to travel some distance to Indiana, that at least some quarterly meetings be held in other locations. It was agreed to hold the May meeting in the DuBois / Brookville area.

Under new business, Bruce asked the board to offer comments on the draft strategic plan that has been developed over the past year plus, and if possible formally adopt it. Greg suggested that the goal of developing a stronger, interdependent coalition be the top priority. Garry Price was in agreement that WPCAMR should promote innovative technologies as specified in the plan, a role that WPCAMR has historically played. Bruce offered some comments offered via email from Mike Barrick regarding WPCAMR acting as an administrator for passive treatment projects for inexperienced watershed groups. Carl Jones suggested that WPCAMR would be a good organization to provide O&M (Operations & Maintenance) services to watershed groups responsible for passive treatment systems, with a specific suggestion for the establishment of a regional trust fund to help in cases of unforeseen failures. Bernie Hoffnar suggested that the plan make more explicit mention to issues of improving water quality to keep WPCAMR in line with 319 funding. Bill Doney / Bernie Hoffnar made a motion to adopt the strategic plan subject to modifications suggested by member conservation districts. Motion passed.

Bernie Hoffnar brought up the issue of OM&R of passive treatment systems. He noted that the OM&R Workgroup Advisory Committee (comprised of a number of prominent individuals involved in passive treatment in PA) met with Sec. McGinty on December 16, 2003 to present their final report and recommendations that were focused on the need for the state to provide funding for OM&R activities for publicly funded projects. He said that the recommendations had been favorably received, but little if any action has occurred in the intervening year, and was thus feeling frustration. Bernie said that one of the recommendations of the committee was for a trust fund to be administered by WPCAMR and/or EPCAMR, similar to what Carl had formally suggested. Carl suggested that various groups should start to write letters to DEP to support OM&R. Tom Grote suggested that both WPCAMR and EPCAMR push DEP for OM&R funding to protect the taxpayers’ investments. Greg suggested that WPCAMR write a letter to Sec. McGinty on the subject showing the need. Greg further suggested that if we get no action that we be willing to go to the media and present our case. Dave Strong offered to bring the issue up at the upcoming Citizens Advisory Committee and the MRAB and will get some official response. Carl Jones / Jim Ecenrode made a motion to form a subcommittee/ workgroup to push for OM&R resources, first by writing a letter to DEP and offering our suggestions and advice, working with the aforementioned OM&R Workgroup. Motion passed. (Carl, Bernie, and Jim will be on the group.)

Bruce, speaking for Jim Panaro, announced that Robindale Energy Services and the Cambria CoGen recently held a benefit golf outing, with WPCAMR and Blacklick Creek Watershed Association each being the recipient of a check for $4,200. Bernie Hoffnar / LeeRoy Vatter made a motion to write a letter of appreciation to Robindale and Cambria CoGen. Motion passed.

Dave Strong gave a report on the recent MRAB meeting. Among the topics he discussed was:

• Proposed grayfields legislation died, but should be resurrected to help with mine land reclamation. Input would be appreciated.
• Rethinking waste management strategies, especially using co-products, byproducts and beneficial use of waste streams, and having industry paying millions of dollars for mine reclamation efforts. It’s a strategy that works and should be expanded.
• Mine pool task force is working very well in attracting interest in using mine pool water for industrial purposes. The task force has suggested that marketing and outreach efforts occur outside of DEP with acceptance of DEP. Suggestions on how this could happen are appreciated. This is a top item for McGinty/Rendell which should be pushed.
• Research on an experimental passive manganese treatment system are very promising.
• One of the reasons there has been little action on priority items is the hold-up on the GG2 bond issue.
• Dave will be happy to forward issues to either CAC or MRAB.

Len Lickvar of Southern Alleghenies Conservancy gave an update on resource recovery trials. His key points were:

• Brief background of SAC and relationship to other groups and their issues (AMD being a top one).
• Resocurce recovery project had its roots in the early 1990’s with the numerous AMD problems in the the Stoney Creek Watershed, with the recognition that the metals in AMD may have value. Cong. Murtha was instrumental as well as DEP in developing the program. Three earmarks

1. Gather data metals concentrations, compositions, and characteristics of numerous AMD discharges; assemble partners

2. Identify technologies; do demonstration projects; held 2 symposia

3. Demo projects focused mostly on Topper Run, trib of Little Conemaugh, high loadings and big impact

o Davis Technologies Intl, mobile cavitation process creating sludges that are now being characterized, focusing on ferrous iron

o Concurrent Technologies metallurgical survey characterizing sludges and uses.

o Fraunhoeffer characterizing iron residues and economic implications

o Envirotech, uses bauxol, a red mud for AMD treatment

o Electro Coagulation

o Biomost recovery of manganese in steel slags

o USGS characterization found that precious metals are sometimes present in some AMD

o Ozonator project for oxidation of AMD

o Damarascotta piloting metals recovery center, removing 60-90% of load of Al and Fe

Len said the Resource Recovery symposium will be held in Johnstown Nov 17.

In 2005, the statewide AMR conference will include a resource recovery component, in part sponsored by SAC, and OSM.

Lester McNutt discussed proposed water conservation releases from impoundments owned by the Cambria Somerset Authority and is asking for support. Conservation releases offer an opportunity to re-establish historic river flows to the Stonycreek and Little Conemaugh watersheds that have been significantly reduced for the past 100 years because of the constructed impoundments. These releases are important for a variety of reasons:

• The Stonycreek and Little Conemaugh rivers still suffer from not only pollution such as abandoned mine drainage (AMD), but also from dewatering that further intensifies the pollution impacts.
• Significant investments AMD abatement projects on the Stonycreek have dramatically enhanced water quality, yet the long term reduction of flow has limited that recovery to something significantly less than the potential.
• Water volume in the constructed impoundments will support significantly increased releases without having any adverse impacts, now or into the future.
• The watersheds of the area have the potential of improving the quality of life in the area through recreation such as fish and white water rafting as well as being an engine for economic growth.

Lester McNutt/LeeRoy Vatter made a motion to have WPCAMR write a letter to DEP by December 1 in response to DEP’s request for comments which recommends that conservation releases be permitted from the Hinckston Run and Wilmore Reservoirs and the South Fork and Border Dams, and in increase of the current conservation release from the Quemahoning Reservoir from 10.8 MGD to 17.0 MGD. Motion passed.

On the matter of Growing Greener funding, Bernie said that in a meeting with DEP Deputy Secretary Cathy Myers (Watershed Management), that Myers was concerned that there has been little noticeable support from grass roots organizations in pushing for conservation funding. Bernie feels that a strategy is needed to make the push from conservation districts, county commissioners, and watershed groups by writing letters for reclamation funding to Gov Rendell and DEP. Further, he feels that the particular mechanics of funding reclamation projects (e.g. a bond issue) is not as important as finding a mechanism that will fund them… that’s the job of the legislators to figure that out. Simply put, he wants money and that’s what we should be asking for. General discussion on the matter amplified and explored these points. Bernie Hoffnar/LeeRoy Vatter made a motion for WPCAMR to solicit members of conservation districts, county commissioners, and watershed groups to write letters to the governor and their individual legislators urging for a continuation and expansion of conservation and reclamation funding to solve water problems within the state. Motion passed.

Bernie reported on the work of the AMD Wetlands Permitting Workgroup that formed from a motion passed at the August 2004 WPCMAR meeting. The intent of the workgroup is to try to present a case to DEP to remove permitting obstacles that have gotten in the way of certain AMD reclamation projects, particularly when low-value wetlands that have been created as a direct result of AMD discharges are protected by the permitting process. Bernie reported that although the workgroup did not formally meet, work to present brief case histories was undertaken by WPCAMR staff to illustrate how wasteful and frustrating the current system can be, particularly in some DEP regions. Bernie related that Bob Eppley is advising that we proceed slowly because of some internal efforts currently going on in BAMR that may lead to a resolution the issue. Bernie brought up two points:

1. We may need a “AMD/AML Mitigation Czar” in the DEP central office who would have the power and authority to act in these matters on an individual basis;
2. We need to be careful in any resolution of the issue to “not throw the baby out with the bath water”, to be sure that there are not unintended consequences from compromises that could be misused.

Carl said that the purpose behind a project should be considered. “We’re not building a WalMart, we’re taking care of problems.” He stressed the overall benefit resulting from the projects, and further added that those in permitting positions can have blinders that hinder significant environmental progress by protecting these created wetlands that have very little value. In addition the amount of time and money that is wasted in dealing with these issues can be extremely high and in some cases can derail a project. Carl supported the idea of a Mitigation Czar. Tom Grote suggested that we also note the economic growth that can accompany reclamation. Bernie said the workgroup will continue to work on the issue.

Bruce gave the Regional Coordinator’s report and talked about several topics:

• He introduced Karin Panniman, WPCAMR’s new administrative intern. She’s from the Experience Works program, which provides Karin for 20 hours per week at no cost. WPCAMR’s part of the bargain is to provide her with meaningful experiences and training.

• WPCAMR is the recipient of a Growing Greener grant of $100k for Sampling Support for Passive Treatment Systems… that's the good news. The Bad news is we requested $560,000. Obviously, the scope of work will have to be tweaked, but haven’t yet figured out how.

• The planning committee for the annual AMR conference, of which WPCAMR is a partner, is teaming up with OSM and SAC for our 2005 conference. This joint conference will be strictly a technical conference aimed at technology transfer for 3 main areas: passive treatment, active treatment, and resource recovery. We hope to have a national draw. OSM has funding to bring in experts from around the country. The 3 day conference will be called the “Mine Water Treatment Technology Conference” and will be held in the Pittsburgh area in early August… exact place and time to be determined. We’re working on the exact format and are starting to look for presenters.

• Title IV of SMCRA is still alive via a continuing resolution in Congress that extends the ability to collect fees on each ton of coal mined to Nov 20. (Recall that it was to expire September 30.) It has been attached to the Interior Department Appropriations bill that will extend it for 9 months. That bill has not yet been voted on, but is expected to pass. What this means is that, in all likelihood, we will have less than a year in which to get a new bill through Congress. As last fiscal year’s wrangling showed, there will again likely be a battle of issues with the eastern states versus the western states. We again have to let our Congressional representatives know the importance of the issue for PA of getting a bill to serve our interests. That shouldn’t be too hard in that most are already on board. Probably where the most work needs to happen is in convincing non-coal states to support a PA friendly bill. The same group of concerned environmental groups that worked on the issue is planning on continuing that work.

• Along these lines Dave Hess has offered to give Bruce a guest spot in his PA Environment Digest email newsletter to discuss the Title IV issue. The consensus was that this is a good idea, but anything submitted to the Digest should also be submitted to the DEP Update.

• At the last quarterly meeting we discussed the possibility of applying to EPA’s Brownfields grant program for funding that would allow us to in turn fund Project Gob Pile types of inventories for more counties. Bruce attended a Brownfields Grant workshop in Pittsburgh in anticipation of applying. While this type of grant is indeed eligible for funding, the scoring criteria made such a grant’s chances for success between low and non-existent. The presenters were not at all encouraging with respect to coal refuse related projects. We decided that his was too much of a long shot to devote the resources necessary to put together a credible grant application.

• Western PA Conservancy has announced the availability of watershed mini grants of up to $1000. The money is fairly unrestricted in its possible uses. WPC administers the grants by funding provided by Dominion Energy. Contact Ben Wright (724) 459-0953 x102.

• Now that Sara Tumulty has moved after her 2 year AmeriCorp stint, Missy Shull-Reckner has taken over the AMD Education for Decision Makers project.

Deb Simko gave the Watershed Coordinator’s report.

• Deb attended the National Association Abandoned Mine Lands Conference in Flagstaff, AZ. She represented WPCAMR in the partnerships breakout session with info on the work going on in PA. An ongoing theme permeating the conference was the western states taking pot-shots at the eastern states for the ways they administered their Title IV programs. There are also misconceptions on how the Title IV is being used in the east. Deb has suggested to DEP to make an effort in clearing up these misconceptions.
• Regarding the Water Resources Committee, the state water plan has not yet been budgeted. SRBC, DRBC, and Lake Erie region were given appropriations to do education and outreach regarding water resources, but nothing to the Ohio River basin, presumably because there is no organization to do that. USGS has developed a working document to do water budgeting… a massive effort that will assess watersheds as small as 15 square miles. Impaired waters, such as mine pools, are not yet being considered in the mix.
• The Passing Go workshops have been completed in NE PA, and one session remains in NW PA, which will conclude the program. Next year, a regional watershed workshop will be held in March, and will be focused on sustainability issues.
• Deb spoke of a variety of AMD related problems resulting from Hurricane Ivan.

Bernie Hoffnar, John Linkes, Tom Grote, LeeRoy Vatter, Greg Phillips, Jim Zoschg, Jim Ecenrode, and Jim Panaro gave reports on projects and issues in their areas.

On a motion by LeeRoy Vatter, the meeting was adjourned at 2:10 pm.

Minutes taken and assembled by Bruce Golden.