Performance Agreement
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Wyoming Performance Agreement |
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I STATE AND OSM GOALS
It is the shared goal of the State and OSM, to reduce and where possible eliminate, duplication
of effort, ensure enforcement of SMCRA and the Wyoming program, and resolve issues in a
timely manner through shared responsibilities.
To achieve these goals, the Casper Field Office (CFO) and the Wyoming Department of
Environmental Quality, Land Quality Division (LQD) will:
1. Develop and sustain a cooperative and effective working relationship to accomplish the
purposes of SMCRA and the approved Wyoming regulatory program (as amended).
2. Enhance and maintain communications.
3. Define a common mission by establishing objectives and responsibilities for both parties.
4. Provide for and incorporate public comment into this cooperative effort.
5. Provide for a process to identify and resolve program issues.
II PUBLIC OUTREACH
The Casper Field Office (CFO) has developed an outreach program to encourage public and
industry involvement in the oversight process. This includes onsite visits with citizen groups and
participation in industry activities, including the Powder River Basin Resource Council
(PRBRC), Wyoming Outdoor Council (WOC), Wyoming Wildlife Federation (WWF), and the
Wyoming Mining Association (WMA). The purpose of these visits is to notify these groups of
OSM's activities and to provide these parties with an opportunity to provide suggestions for
OSM's oversight of the State's regulatory program. CFO will provide to these groups with a
presentation of the previous year's evaluation results and proposed plans for 1998 and 1999
evaluations. Ongoing contacts throughout the evaluation period are considered equally
important in the oversight process.
III OVERSIGHT TOPICS
A. New Topics
The following topics are selected for review in 1998 and 1999:
1. Alluvial Valley Floors (AVF)
2. Permanent Impoundments
3. Cultural Resources
4. Blasting
5. Bond Roll-Overs (verification that bonds are released before bonds are transferred to
new areas)
6. Probable Hydrologic Consequences (PHC) Verification (complete this Evaluation
period)
OSM and LQD will develop the specific criteria and methods for evaluating each of these
topics. Each topic will be initially reviewed to determine if problems exist in the field.
If environmental damage, offsite impacts, or violations are identified, additional
investigation will be conducted to determine the problem and trace the source(s) and
assess if follow-up reviews would be necessary.
B. Monitoring
Monitoring topics are issues identified in previous oversight evaluations are the subject of
ongoing monitoring for an undetermined time.
1. Permitting, CHIAs
During the 1992 and 1993 Annual Evaluation Years, the CFO identified three
deficiencies with some CHIA documents: 1) not all hydrologic impact projections
were based on the most recent, readily available technical/baseline information;
2) assessments of hydrologic impacts were not watershed specific; and, 3) the
LQD did not have a formalized plan to develop comprehensive watershed specific
or regional CHIAs.
LQD plans to update CHIAs as major permitting actions are submitted. CFO will
monitor LQD's progress in developing CHIAs throughout the evaluation period.
OSM will continue to provide technical assistance as needed and requested by
LQD.
2. Program Maintenance (Amendments)
During the 1994 Annual Evaluation Year, the CFO noted that numerous
outstanding program deficiencies existed (e.g., less effective rules [30 CFR
732.17], disapproved rules [30 CFR 950.15] and required program amendments
30 CFR 950.16). The objective of this effort is to assure that these program
deficiencies are submitted as amendments. Table 1 is the current schedule for
State program amendments.
TABLE 1
Revised 12/22/97
| AMENDMENT PACKAGE | SUBMIT TO ADVISORY BOARD | SUBMIT TO EQC | SUBMIT FORMALLY TO OSM |
|---|---|---|---|
| Shrub Density | Oct. 94 | May/June95 | DONE-Nov. 95 |
| Revision Public Notice - State Initiative | Mar. 95 | Sept. 95 | DONE-Nov. 95 |
| Roads and Support Fac. | June 95 | Sept.98 | Dec. 98 |
| Solid Waste | Oct.94 | Dec. 98 | Mar.99 |
| Misc. Tech. Issues &; In Situ R & D Licenses | Mar. 97 | Mar.98 | June98 |
| Hydrology Issues | Mar.00 | Sept 00 | Dec. 00 |
| Vegetation / Land Use | Sept.99 | June00 | Sept.00 |
| O&C / Permit Info. | Mar.01 | Sept.01 | Dec.01 |
| Subsidence Monitor. & Control | Jan.02 | July 02 | Dec.02 |
| Permit Processing /Adm. | June02 | Dec.02 | Mar.03 |
| Coal Exploration | Dec.03 | June04 | Sept.04 |
| June 19, 1997 732 Letter | Jan.04 | July04 | Oct.04 |
CFO will provide programmatic assistance and request technical assistance from
WRCC as requested by LQD. CFO will remain in communication with LQD on a
regular basis to keep informed of the progress and problems encounter by LQD.
C. Follow-up
Follow-up is the continuation of a evaluation from the previous year's evaluation. The
following is the only follow-up topic:
1.Contemporaneous Reclamation:. CFO and LQD reviewed four mine sites and
compared the on-the-ground reclamation with the approved permits during EY97.
As a result of the joint study, the State will review all permits to assure that the
required schedules for determining contemporaneity is included in each permit.
Furthermore, the State will revise the annual reporting format to include
information regarding contemporaneous reclamation progress. During the 1998
evaluation year, CFO/LQD will monitor progress. During the following
evaluation period (EY1999) contemporaneous reclamation will be re-examined.
D. Inspections
CFO inspection activities on primacy mines have been greatly curtailed the past two
evaluation years. Random sample complete inspections (RSI's) of Wyoming mines were
reduced from 17 in 1995 to 4 in 1996 then raised to 7 in 1997. In 1998, 5 RSIs will be
conducted. In addition, the CFO will conduct inspections where:
- there is potential eminent danger to the public safety and/or eminent harm to the
environment.
- there are citizens' complaints filed with the CFO.
- there are bond releases on Federal lands.
- partial inspections
While inspection activities have diminished, CFO anticipates that there will be
approximately 17 total mine site visits. In addition to the 5 complete Random Sample
Inspections, approximately 2 bond release inspections, and approximately 10 site
visits/topic investigations will be conducted.
E. Financial Administration (Grants)
Drawdown Analysis
CFO will monitor drawdowns for the current Title V grant during the EY-98 and EY-99.
Sampling will be performed on monthly drawdowns to ensure that drawdown amounts
are correct and that draws are timely. This is a requirement of the OSM Federal
Assistance Manual and U. S. Treasury.
Timeliness of Applications and Reports
CFO will monitor the timeliness and adequacy of administration and enforcement grant
applications and reports during the EY. Technical assistance will be made available to
the State if there is a need. This requirement is based on the requirements for grant
applications contained in the Federal Assistance Manual as set forth in the Common
Rule, Subpart C, 40 and 41.
Audits and Audit Resolution
CFO will monitor the latest findings contained in the A-133 Audits and will ensure that
these findings are resolved. An A-128 Audit was completed in the Spring of 1996 and has
not been officially sent to CFO for resolution from the Federal cognizant agency. DEQ
did send a complimentary copy to CFO for review and there are no findings requiring
resolution. Timely audits and audit resolution are required under 43 CFR Part 12,
Subpart B and OSM Directive AFC-2 as cited in the Federal Assistance Manual under
Chapter 120.
Accounting Procedures, Maintenance of Internal Controls, Procurement and Management
of Property and Services
CFO will depend partially upon findings that result from A-133 Audits. Audit resolution
will occur only after audit findings have been received by OSM headquarters and
forwarded to CFO for each EY. At least one financial topic will be reviewed during each
of the evaluation years to include travel, accounts payable, property, and procurement
procedures.
IV CORE PROGRAM DATA
Under the Government Performance Results Act (GPRA), a Western Region's Performance plan
was developed. As Part of this plan, field offices must collect data to show trends in specific
performance indicator measurements for the surface mining programs.
A. Environmental Protection
CFO will gather information with the assistance of the State to:
1. Identify any off-site impacts and strive to reduce off-site impacts by 50
percent.
2. Identify acreage meeting criteria for Phase I, II, and III Performance bond
release.
3. Identify acreage of lands released from Phase III bond release.
4. Identify acreage of reclamation status of disturbed lands.
5. Identify results from the topic evaluations listed in the Performance Agreement.
6. Identify the number of outstanding program deficiencies, required amendments
and conditions (30 CFR 732, 950.16, and 950.11, respectively) where the State
program is not consistent with SMCRA or Federal regulations.
7. Identify the number of days it took to process and award the Wyoming
Administrative and Enforcement grant and any amendments.
8. Identify the number of times CFO provided technical assistance to the State and
the results of that assistance.
9. Anecdotal reports providing examples of assistance to the State, identifying
costs (efforts), outcomes, and benefits of specific elements of work activities.
10. Identify the number of permits submitted to the State and OSM in electronic
format.
11. Identify the number of records added to existing scientific (Hydrologic, soils,
etc.) data base systems used in permitting decisions.
(See Appendix 1 for suggested format for data)
V. TERM OF AGREEMENT
This Performance Agreement will remain in effect for 24 months and may be renewed annually,
revising appropriate sections and adding additional features as agreed upon by both Parties. The
agreement may be amended in writing at any time through the mutual agreement of the Parties,
or be terminated in whole or in part in writing by either Party. However, no such termination
shall be affected until the Parties have attempted to resolve differences. The agreement in no
way supersedes or relieves LQD or OSM of any responsibilities under previous cooperative
agreements, the OSM approved State Program, and SMCRA.
.
Dennis Hemmer, Director Date
Department of Environmental Quality
Cheyenne, Wyoming
Richard Chancellor, Administrator Date
Land Quality Division
Cheyenne, Wyoming
Mark Humphrey, Program Specialist Date
Office of Surface Mining
Casper, Wyoming
Guy Padgett, Field Office Director Date
Office of Surface Mining
Casper, Wyoming
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