Performance Agreement
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North Dakota Performance Agreement |
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I. Introduction: explain the objectives of the oversight in North Dakota. (author Harv Gloe) Due
date 3-1-98.
II. Overview of the North Dakota Coal Industry: summarizes the status of the industry in North
Dakota, emphasizes changes. (author Harv Gloe) Due date 3-1-98.
Ill. Overview of the Opportunities for Public Participation in the State Program and Oversight:
discussion will identify all specific opportunities for public participation and the outreach effort of
the CFO and PSC. (authors Gene Robinson and Neal Jacquot)
a. The CFO will develop a presentation summarizing the EY-97 oversight with
an emphasis on contemporaneous reclamation, overflights, hydrologic
developments. Gene Robinson will be responsible for developing presentation.
Due date 1-12-98.
b. The CFO will solicit a meeting with industry and the public (DRC) to
request their input on the EY-98 oversight. Gene Robinson will
coordinate. Due date 1-16-98.
c. Report will contain all opportunities for public participation within the State
Program and all State efforts for outreach. The details of this review will be
incorporated in the site specific portion of this report. (author Neal Jacquot) Due
date 6-1-98.
IV. Major Accomplishments / Issues / Innovations in the North Dakota Program: Report the
successes of the State Program along with any innovative or proactive initiatives to resolve
issues / problems or enhance the program. (author PSC) Due date 9-1-98.
V. Success in Achieving the Purpose of SMCRA as determined by Measuring and Reporting
Results on a National level:
a. Off-site impacts: For the purpose of oversight, an off-site impact is defined as
anything resulting from a surface coal mining and reclamation activity or operation
that causes a negative effect on resources (people, land, water, structures). The
applicable State program must regulate or control the mining or reclamation activity or
result of the activity causing an off-site impact. In addition, the impact on the resource
must be substantiated as being related to a mining and reclamation activity, and must
be outside the area authorized by the permit for conducting mining and reclamation
activities.
1. The CFO will prepare the information contained within Table Four. The
information will be from a review of all PSC and OSM inspection reports,
enforcement actions and site visits. The CFO will develop and maintain this
data base.
2. The PSC / CFO will review the groundwater monitoring reports and
related data for selected wells at two mines (Falkirk and JK Ranch) to
determine if mining activities are having any significant impact on water
supplies that are being used within or adjacent to the permit area.
3. Depending on the Spring and Fall conditions the PSC / CFO will monitor
offsite areas near the Falkirk and Freedom Mines for possible adverse
impacts on downstream cropland as a result of discharges from
sedimentation ponds.
i. Review cropland below sedimentation ponds at each mine during
Spring planting season to evaluate any prolonged wet conditions in
the fields as a result of pond dewatering.
ii. Review pond discharge records and field conditions in downstream
cropland from at least three sedimentation ponds at each mine.
iii. Conduct similar reviews during Fall harvest season.
iv. These reviews will fulfill the Government Performance and Review
Act (GPRA) requirement (The Surface Mining Program (SMP) will
strive for 50% of sites nationwide to be free of off-site impacts).
(author Gene Robinson) Due date 10-30-98.
b. Reclamation Success: The CFO will prepare the information contained within Table
Five and the optional Table Six. This information will be a summary of the acreage
which meet and are released under OSM Phase I, II and III. The CFO will develop
and maintain this data base. This information will fulfill the GPRA requirement (SMP
will strive for 50,000 acres nationwide to have achieved Phase III bond released and
to record Phase I & II releases with those acres which meet Phase I, II and III to show
a progression of lands being reclaimed). (author Gene Robinson) Due date
10-30-98.
c. Customer Service: The CFO will review all instances / opportunities for citizen
involvement in the State during a 12 month period. The details of this will be
incorporated in this section of the report. The report will draw conclusions on the
effectiveness of the State Program for allowing citizen involvement. (author Neal
Jacquot) Due date 10-1-98.
VI. OSM Assistance: The CFO will prepare a summary of the assistance provided to North
Dakota. This includes the grant data contained in Table Nine plus all other OSM efforts
including training (BTTI), and other program assistance (TIPS, OTT). (author Neal Jacquot)
Due date 9-1-98.
VII. General / Specific Topic Reviews: The CFO will conduct specific topic reviews. The approach
will be to conduct North Dakota specific studies as opposed to the National reviews above.
These studies shall be written up and summarized in this section of the annual report.
a. On-the-ground reclamation results: To ensure that the reclaimed lands are or will be
capable of supporting the postmining land uses approved in the reclamation plan the
PSC / CFO will: (author Gene Robinson) Due date 10-01-98.
1. Determine if water supplies that were being used prior to mining are being
replaced or if specific replacement plans are contained in the reclamation
plan. If a premine water supply existed on these lands prior to mining, a
replacement supply must be provided. For reclaimed native grasslands and
tame pasturelands where water supply replacement is required, the areas
will be reviewed to determine if such supplies are in place or if specific plans
are included in the reclamation plan.
2. Evaluate to what extent differential settlement features may interfere with
the postmining land uses, especially cropland. Reclaimed areas will be
reviewed at several mines to determine if any of these features are
interfering with the postmining land use. Depending on the conditions in the
spring of 1998, an aerial flyover will be conducted to review reclaimed
areas at specific mining operations to determine if these features interfere
with spring farming activities.
b. Contemporaneous Reclamation: The CFO & PSC will develop criteria to be collected
by the CFO & PSC annually which catalogue the inventory of disturbed lands by a set
of uniform categories. Also a contemporaneous reclamation study patterned after
the Wyoming study will be conducted. (author Gene Robinson) Due date 9-1-98.
c. Inspection & Enforcement: The CFO will conduct two random sample inspections to
evaluate the effectiveness of the North Dakota I&E Program. Partial inspections will
be conducted as necessary to review other oversight topics. Also the CFO will review
the I&E (OSM &PSC) statistics for the past five years. (author Gene Robinson) Due
date 5/30/98.
d. Bonding Practices in North Dakota: The CFO will review the bonding practices with
the focus on whether the practice of "rolling" bonds is being employed by the State.
The CFO will select a sample of permits to review the most recent bond evaluation
conducted by the PSC. (author Neal Jacqout) Due date 10-01-98.
e. Grants Management: (author Neal Jacquot) Due date 10- 1-98.
1. The CFO will develop a spreadsheet which summarizes and records the
grant actions completed by the Casper Office. This will fulfill the GPRA
requirement that OSM will provide grants and award funds within 60 days
90% of the time.
2. The CFO will conduct a review of internal controls (contracting, payroll,
property, procurement, etc.), review the status of outstanding A-128 audit
findings and resolutions, and conduct a drawdown analysis.