PERFORMANCE AGREEMENT FOR 1999 AND 2000



OKLAHOMA



COAL MINING AND RECLAMATION REGULATORY PROGRAM







































OKLAHOMA DEPARTMENT OF MINES



OFFICE OF SURFACE MINING

TULSA FIELD OFFICE

APPENDIX I



TOPIC-BY-TOPIC PROCEDURES FOR 1999 OVERSIGHT EVALUATION



Issues from Previous Evaluations



Topic





Concern
Review to be done by



Details of review




Time Frame
1(a) Reclamation and bonding failures:

(1) Contractor reclamation with forfeited funds

Follow-up of 1998 evaluations and of July 3 1997 letter OSM/

ODM



OSM Contact: J. Zingo



ODM Contact: Don Beam

Verify implementation of new policy, e.g., sequence of reclamation, adequacy of technical plans, protection of topsoil and other critical resources, follow-up work. OSM to conduct field reviews to determine compliance with ODM policy & procedures. Study 6/99 - 8/99. Discuss with ODM management by 9/99.
1(a) Reclamation and bonding failures:

(2) Alternative enforcement actions

Follow-up of 1998 evaluations and of July 3, 1997 letter. OSM/

Solicitor/

ODM



OSM Contact: J. Zingo



ODM Contact: Catherine Jenkins

Verify implementation of new policy, e.g., asset checks of owners/

controllers, ICP's/ injunctions/criminal actions to compel reclamation, timing of AEA actions, reclamation cost estimates

Study K&R Alpine, and Savage/Trans-western 6/99 - 8/99. Discuss with ODM management by 8/99. Study ODM's progress on other AEA's 6/99- 8/99. Discuss with ODM management by 9/99.
1(b) Bonding. Bonding instruments and records. Follow-up of the EY97 and 98 Bonding Oversight Evaluation Report. The concern is the collectibility of reclamation performance bonds may be impaired by irregularities in bonding instruments and record keeping. ODM/

OSM



OSM Contact: J. Zingo



ODM Contact: Susan Rodesney

Follow-up on OSM recommendations of June '97 and August '98 to determine if bonding instruments and records meet program requirements and generally accepted industry standards. Begin study by 7/99; complete study and discuss with ODM management by 8/99.
1(c) Permitting topics. Follow-up of previous evaluations.

OSM/

MCRCC/

ODM



OSM Contact: J. Zingo



ODM Contact: Tekleab Tsegay

Monitor ODM's continued implementation of its action plan to resolve: (1)geologic baseline data/overburden analysis/acid & toxic materials handling plans; (2)impoundment/

diversion designs; (3) using comments and requesting approvals of UFWS & ODWC for wildlife protection plans. Use permitting actions approved since 10/98. Include follow up of OSM's recommendations from EY 98 reviews.

Begin review by 5/15/00. MCRCC reports complete by 7/15/00. Discuss findings with ODM management by 8/00.
1(d) Surface-water hydrology. PHC's, CHIA's, engineering aspects of impoundments and diversions, wetland/flood plain impacts, verification of data including landowner requests for permanent impoundments. Follow-up on concerns documented from previous evaluations and public outreach. Concerns expressed by citizens and agencies that indicate mining and reclamation related impacts to the hydrologic system may not be fully evaluated during the permitting process. OSM/

MCRCC ODM



OSM

Contact: J. Zingo



ODM Contact: Tekleab Tsegay

Review recently approved permitting actions to determine if mining and reclamation impacts to surface-water hydrology are adequately considered during the permit review process. Review will also include follow up on recommendations from EY 96 review. Begin review by 2/00; MCRCC complete reports by 7/00; Discuss findings with ODM management by 7/00..
1(e) Off-site impacts. OSM national concern. REG-8 OSM/

ODM



OSM Contact: J. Zingo



ODM Contact: Rhonda Dossett

Determine effectiveness of State program in protecting environment and public from off-site impacts of surface coal mining and reclamation operations. See Appendix II Ongoing during EY 99.
1(f) Reclamation Success

OSM national concern.

REG-8

OSM



OSM Contact: J. Zingo



ODM Contact: Rhonda Dossett

Evaluate effectiveness of State program ensuring successful reclamation of lands affected by surface coal mining operations. See Appendix III Ongoing during EY 99.



TOPIC-BY-TOPIC PROCEDURES FOR 1999 OVERSIGHT EVALUATION



New Topics







Topic




Concern
Review

to be done by





Details of review




Time Frame
2(a) Postmining land use. Postmining land-use team requirements/recommenda-tions Concern resulted from OSM document review, and EY 98 evaluations. ODM/

OSM



OSM Contact: J. Zingo



ODM Contact: Mary Ann Pritchard

Follow-up on EY 98 review and recommendations. Begin study by 6/00. Discuss by 8/00.
2(b) Customer Service OSM national concern. REG-8 ODM/

OSM



OSM Contact: J. Zingo



ODM Contact: Mary Ann Pritchard

Evaluate ODM's responses to complaints and requests for assistance and services. Review administrative and judicial reviews for timeliness, accuracy, completeness, and appropriateness of State actions. See Appendix IV Begin study by 5/99 and complete report by 6/99. Discuss by 7/99.
2(c) Whistle blower protection (Not the issue at 30CFR 865) Citizens have stated that ODM employees are intimidated into making improper decisions that do not conform to program requirements. ODM employees have complained of outside influences and intimidation on the job. OSM



OSM

Contact: J. Zingo



ODM

Contact:

Mary Ann Pritchard

Review State rules to determine if the State program contains the same level of protection for State employees as required by SMCRA. Begin review of State rules 3/99 and complete report by 4/99. Discuss with ODM by 5/99.
2(e) Bonding for Acid mine drainage (AMD policy) Concern has been raised through citizen input, and by both OSM and ODM personnel OSM/

MCRCC

ODM



OSM

Contact: Paul Behum



ODM

Contact:

John Privrat

OSM/ODM team to develop a proposed AMD policy, for ODM Director's review.



.

Begin teamwork in 2/99. Send draft AMD policy to ODM Director for comment in 4/99. Finalize policy in 7/99.

















Michael C. Wolfrom, Director Date Mary Ann Pritchard, Director Date

Office of Surface Mining Oklahoma Department of Mines