Performance Agreement
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Montana Performance Agreement |
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In the interest of fostering a shared commitment to meet the Surface Mining Control and
Reclamation Act (SMCRA) goals as implemented through the Montana Permanent Program, the
Office of Surface Mining, Casper Field Office (OSM/CFO) and the Montana Department of
Environmental Quality (MT-DEQ) have entered into this performance agreement to as a
framework for conducting meaningful and effective oversight of the MT-DEQ's activities
concerning regulation of surface coal mining and the reclamation of abandoned mine sites within
the state of Montana.
A joint Federal/State team consisting of the following members has been charged with
identifying the shared goals and objectives for the 1998 evaluation year (October 1, 1997 to
September 30, 1998):
Steve Welch, Chief Harv Gloe
MT-DEQ Industrial and Energy CFO Regulatory Programs
Minerals Bureau
Gene Robinson
Vic Andersen, Chief CFO Inspector
MT-DEQ Mine Waste Cleanup
Bureau Bill Powell
CFO AML Specialist
Neal Jacquot
CFO Grants Specialist
This EY98 oversight plan for Montana achieves the oversight objectives established by Reg-8,
AML-22, and the joint OSM/State oversight team. During EY98, the following will be measured
and reported: the number and extent of off-site impacts; the number of acres that meet the bond
release requirements for the various phases of reclamation; and the effectiveness of customer
service provided by the Montana regulatory authority. In addition, the oversight team has
selected several evaluation topics specific to Montana for review during the evaluation period.
While this agreement specifies the objectives and topics for review during the EY98 evaluation
period, program oversight is a continuous process and not necessarily limited to one year. Topic
evaluations may be carried to successive years if necessary.
Title IV. Abandoned Mine Land Program
The following topics will be reviewed to evaluate the Montana Mine Waste Cleanup Bureau
(MWCB) Abandoned Mine Land Reclamation (AMLR) program during the FY98 evaluation
year (EY).
I. PUBLIC PARTICIPATION
This will include a description of the public participation provisions of the program and
the results of the CFO review of the MWCB compliance with these provisions. It will
also include a review of the responsiveness of the MWCB to expressed public concerns
regarding the State AMLR program. Any interagency coordination that is necessary for
reclamation of AMLR projects will also be reviewed here.
II. STATUS OF THE APPROVED RECLAMATION PLAN
Included in this topic will be a summary of any amendment activity, a report of any
required or outstanding plan amendment requirements, State compliance with the plan
and any scheduled amendments to the plan.
III. ON-SITE EVALUATION OF RECLAMATION PROJECTS
This section will be comprised of a report of the site visits conducted with an emphasis
on the effectiveness of the reclamation. It will include photographs and narrative
documentation of each site visited, the number of hazards abated during the EY, the
number of acres reclaimed during the EY and the project maintenance costs as a
percentage of the grant amount. Site visits may include pre-construction projects,
projects under construction, or post-construction projects. The following specific study
will be included in this section.
Construction procedure----The adequacy of contract terms and specifications will be
addressed; whether multiple change orders were required, and why; how pre-project
budget estimates align with the final cost; if pre-project site conditions were properly
predicted; and how well the design matched the on-site conditions. Three completed
projects will be randomly selected for this study.
IV. FISCAL AND ADMINISTRATIVE CONTROLS
A review will be conducted of the internal controls (contracting, procurement, ect.). The
status of A-128 audit findings and resolutions will be reviewed. The obligation rate of
each active grant will be reviewed as a percentage of the total grant amount.
V. SUMMARY OF RECLAMATION ACTIVITIES
This will include both a summary of reclamation activities retrieved from AMLIS and a
report on the following specific studies:
1. Administrative planning----This will evaluate the required AMLR administrative
duties involving lien, eligibility, and inventory maintenance. The same three randomly
selected projects for the construction procedure will be used for this review.
2. Acid mine drainage----This part will be a review of the status of the Belt mining
district reclamation.
3. Western mine restoration partnership----A narrative on the status of this program
will include the number of safety hazard eliminated, the number of public health hazards
abated and the acres of environmental hazards reclaimed.
4. National historic preservation act---- A narrative on the status and compliance with
the act in the reclamation program.
5. Outcrop fires----This part will include the number of acres reclaimed during the EY,
the number of outcrop fires abated during the EY, the resource potential saved and funds
expended.
VII. EMERGENCY INVESTIGATIONS
This section will include the number of emergency investigations, the number of hazards
abated, the potential savings of the reclamation, the acres reclaimed, funds expended and
maintenance required for emergency projects.
Title V. Reclamation Program
The following topics will be reviewed to evaluate the Montana Industrial and Energy Minerals
Bureau reclamation program during the FY98 evaluation period.
VIII. NATIONAL REVIEW TOPICS
1.) Off-Site Impacts
The CFO will prepare a summary of the information contained on Table four
(Reg-8). Table four will be a synthesis of information garnered from a review of
the State inspection and enforcement actions and CFO inspections, site visits, and
enforcement actions. If program weaknesses are identified that contribute to a
pattern of off-site damage, the team will discuss the actions necessary to be taken
by the RA.
2.) Reclamation Success
The CFO will prepare a summary of the information contained on Tables five and
six regarding the acres of bond within the state released under OSM Phases I, II,
and III. While Table five is fairly straight forward, the CFO and MT-DEQ will
agree on a format and data requirements necessary to complete Table six in such a
manner as to be consistent with Wester Regional reporting requirements.
3.) Costumer Service
The CFO will prepare a report on the MT-DEQ response to citizen complaints,
MT-DEQ outreach efforts and public participation opportunities made available in
the Montana program.
In addition to the national program performance standards identified above, the Montana
oversight team has selected the following issues of local concern to review during this evaluation
period.
IX. MONTANA SPECIFIC REVIEWS
1.) State Program Amendments
The CFO and the MT-DEQ will agree on a schedule for addressing outstanding
state program amendment issues. During the past evaluation period a spread sheet
summarizing the amendment actions from Montana's program inception (April,
1980) to June, 1996 was completed. This spread sheet tracked the status of all 30
CFR Part 732 notification issues and identified any issues not fully resolved.
During the EY98 evaluation period, the team will continue this exercise to include
any 732 issues raised since June, 1996 and address the outstanding issues
identified by last years effort. Outstanding (non-resolved) 732 issues will be
listed in the annual report.
All outstanding 732 issues will have be identified by 4-1-98, and a schedule to
address these issues will be completed by 9-30-98.
2.) Hydrology Review
The long-term objective with regard to hydrologic resources is the development of
a groundwater information data base and evaluation system to aid in the review
of PHC (probable hydrologic consequence) determinations made in the Montana
permits and evaluate the impacts to the hydrologic regime by mining.
Additionally, in the short-term, efforts will be made to address the questions
raised at the August, 1997 public meeting in Colstrip, Montana. Specifically, the
citizens raised the questions of ; 1) What are the impacts to the surface and ground
water from mining in the Colstrip area, 2) Are the surface and ground water
conditions improving, worsening, or staying the same; and 3) After the collection
of decades of water data, has the MT-DEQ identified any trends in the hydrologic
reclamation of the areas affected by mining?
The short-term goals will be addressed by the MT-DEQ by 9-30-98. While
progress in making the long-term objective will be made by 9-30-98, the
resolution of these long-term goals is not expected during this evaluation year.
3.) Hydrologic Standards for Phase IV Bond Release
Another issue brought to OSM's attention during the last evaluation period was
the lack of program standards for water quality/quantity to be met at the time of
application for bond release on reclaimed areas. By 9-30-98, the MT-DEQ will
establish the criteria for addressing these standards. The MT-DEQ has already
made some efforts along these lines and the CFO will assist them wherever
necessary.
4.) Contemporaneous Reclamation
The CFO and the MT-DEQ will jointly develop a uniform system to catalogue
and inventory the lands disturbed and reclaimed by mining. The purpose of this
inventory will be to identify the different categories of disturbance in order to
catalogue disturbance necessary for the long term operation of the mine, the status
of reclamation for acres available for for the different phases of reclamation, and
what acreage has been submitted for final bond release application. Once the
format has been developed the MT-DEQ will work with the mine operators in the
state to begin collection of this data.
The inventory format and data collection should be in place and operational
by 9-30-98.
5.) Inspection & Enforcement
The CFO will conduct 2 random sample inspections to assess the effectiveness of
the MT-DEQ inspection and enforcement program and sufficient partial
inspections as necessary to complete the other oversight topics listed here. Every
effort will be made to communicate and arrange schedules to ensure that the
proper personnel are available when necessary to make the inspections with the
CFO.
6.) Grants
The CFO will develop a spread sheet which summarizes and keeps records of
grants actions completed by the CFO. This information will be summarized as a
separate site specific topic. The Government Performance and Review Act
(GPRA) objective is to provide grants and award funds timely; this timeliness will
be measured by the number of actions which were awards within the required time
frames compares (as a percent) of the total. Should a problem be identified, the
report should establish appropriate remedial activity. The annual report will
include a short summary of the site specific separate report. The CFO should also
develop the means to continually maintain and update this data base for future
GPRA reports.
In addition, CFO will conduct a review of MT-DEQ's financial system to include
selected topics from the following: audits and audit status, procurement and
payments, property management, drawdown and disbursement, payroll, and travel.
Throughout its review and evaluation of the oversight topics mentioned above, the joint oversight
team will attempt to ensure that the successful implementation of the requirements of SMCRA
are met through the Montana Permanent Program. The end product of this review shall be an
annual report to be submitted to Congress upon completion of the evaluation period (October 1,
1997 to September 30, 1998).
Both agencies agree to:
1. Assist, support, and recognize each other's efforts and work;
2. Encourage staff interaction at all levels as an integral component of the shared
commitment process;
3. Conduct joint special focus inspections or program studies as necessary, and;
4. Be given opportunity for input into each other's work efforts and products,
especially as they relate to one another.
Comments and concurrence from both parties will be achieved prior to final submittal of the
annual report. Should conditions change with regard to completion of any facet of this
agreement, this document can be modified by written consent of both parties.
Representing the Montana Department of Environmental Quality, Reclamation Division and the
Office of Surface Mining, Casper Field Office, the following parties agree to the purpose, goals,
and anticipated actions proposed in this performance agreement:
Steve Welch, Chief Vic Andersen, Chief
Industrial and Energy Minerals Bureau Mine Waste Cleanup Bureau
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Date Date
Guy Padgett, Director
Casper Field Office
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