OFFICE OF SURFACE MINING



RECLAMATION AND ENFORCEMENT









Annual Evaluation Summary Report



for the



Regulatory Program



Administered by the State





of







Utah









for



Evaluation Year 1998



(October 1, 1997, through September 30, 1998)







January 1999





UTAH PROGRAM EVALUATION TEAM FOR 1998



(Photo in orginal)



Left to Right

Front Row: Ranvir Singh (Office of Surface Mining (OSM)), James Fulton (OSM, Team Coach), Mary Ann Wright (Utah Division of Oil, Gas and Mining (DOGM), Team Coach), Pamela Grubaugh-Littig (DOGM)



Middle Row: Michael Rosenthal (OSM), Dennis Winterringer (OSM), Sharon Falvey (DOGM), Ronald Sassaman (OSM)



Back Row: Joseph Helfrich (DOGM), Kenneth Wyatt (DOGM), Henry Austin (OSM), Daron Haddock (DOGM), Randall Harden (DOGM)

TABLE OF CONTENTS





I. Introduction





II. Overview of the Utah coal mining industry





III. Overview of the public participation opportunities in the oversight process and Utah program



A. Oversight process



B. Utah program





IV. Accomplishments, issues, and innovations



A. Accomplishments



1. Surface and ground water protection



Water monitoring data analyses



Cumulative hydrologic impact assessments (CHIA's)



2. Bonding practices



B. Issues



1. Utah interagency water quality agreement



2. Highwall elimination and retention as a part of approximately original contour (AOC) restoration



3. Permitting of coal mine access and haul roads



4. Applicant/Violator System (AVS)



C. Innovations





V. Success in achieving the purposes of SMCRA



A. Offsite impacts



B. Reclamation success



VI. OSM assistance





VII. Oversight topic reviews





Appendix. Tabular summary of core data characterizing the program









I. Introduction



The Surface Mining Control and Reclamation Act of 1977 (SMCRA) created the Office of Surface Mining Reclamation and Enforcement (OSM) in the Department of the Interior. SMCRA provides authority to OSM to oversee the implementation of and provide Federal funding for State regulatory programs that have been approved by OSM as meeting the minimum standards specified by SMCRA. This report contains summary information regarding the Utah Program and the effectiveness of the Utah program in meeting the applicable purposes of SMCRA as specified in section 102. This report covers the period of October 1, 1997, through September 30, 1998. Detailed background information and comprehensive reports for the program elements evaluated during the period are available for review and copying at the OSM Denver Field Division office.



II. Overview of the Utah Coal Mining Industry



Coal is found beneath approximately 18 percent of the state of Utah, but only 4 percent is considered minable at this time. The demonstrated coal reserve base is about 6.4 billion tons, which is 1.3 percent of the national reserve base. Most of Utah's coal resources are held by the Federal government and Indian tribes.



The coal fields are divided into the Northern, Central, Eastern, and Southwestern Utah Coal Regions. The most productive region is the Central Utah Coal Region, which includes the Book Cliffs, Wasatch Plateau, and Emery Coal Fields. There are vast, substantially undeveloped coal fields in the Southwestern Utah Coal Region.



Most of the coal is bituminous and is of Cretaceous age. The Btu value is high compared to most other western States. Sulfur content ranges from medium to low in the more important coal fields.



Coal production steadily increased from the early 1970's and peaked in 1996 at almost 29 million tons. Production in 1997 declined to approximately 26 million tons (table 1). The majority of the coal production is produced by underground mining operations, which mostly mine seams exceeding 8 feet in thickness.



Currently, there are 28 permitted operations (table 2) that have thus far disturbed 2,529 acres (table 2). Utah considers each of these operations to be an inspectable unit. Of these 28 operations, 27 are active or temporarily inactive, 1 is inactive, and none are abandoned (table 2). Of the 27 active or temporarily inactive operations, 9 are underground mines that use the longwall mining method, 13 are underground mines that use the room-and-pillar mining method (1 of these mines has a permitted loadout facility at the minesite, and 1 other is a surface mine extracting coal from a coal mine waste pond), 1 is a surface mining operation extracting coal from an underground mine refuse pile, and 4 are loadout facilities (1 of these facilities also has a surface mining operation extracting coal from a coal mine waste pond).



Utah's coal industry has a significant impact on the local economies where mining occurs. According to the Utah Governor's Office of Planning and Budget, Demographic and Economic Analysis Section, coal mining in 1997 employed 2,315 persons in the State. In the three counties where most of the coal mining occurs, all types of mining employed 2442 persons (1141 in Carbon County; 956 in Emery County; and 345 in Sevier County).



The climate of the Central Utah Coal Region is characterized by hot, dry summers and cold, relatively moist winters. Normal precipitation varies from 6 inches in the lower valleys to more than 40 inches on some high plateaus. The growing season ranges from 5 months in some valleys to only 2 ½ months in mountainous regions. These extreme climatic conditions make reclamation a challenge.



III. Overview of the Public Participation Opportunities in the Oversight Process and Utah Program



A. Oversight Process



On April 16, 1998, the OSM/Utah oversight team participated in a Utah Division of Oil, Gas and Mining (DOGM) stakeholder's meeting. Thirty-five persons attended this meeting, which served as a forum for interested public and private parties to learn about and provide input on DOGM activities for coal, oil and gas, and other mineral regulatory programs.



The team described a multi-year agreement between OSM and DOGM on how program evaluations will be conducted. (A copy of this agreement is on the OSM Internet homepage at www.osmre.gov/pautah.) It also identified the following five topics that the team intended to review this evaluation year: surface and ground water protection, bonding practices, highwall elimination and retention as a part of approximate original contour restoration, permitting of coal mine access and haul roads, and customer service with respect to the Applicant/Violator System.



The team offered copies of the 1997 annual evaluation report to anyone who was interested in obtaining a paper copy and identified the location on the DOGM Internet homepage where the report is accessible (www.nr.state.ut.us/ogm/osmrpt97). (The report is also accessible on the OSM Internet homepage at www.osmre.gov/report97).



The team did not receive any oral or written comments in response to its request for comments on the oversight process, recommendations for additional review topics, and suggestions for improvements for future annual evaluation reports.



B. Utah Program



In Castle Dale, Utah, on November 13, 1997, the Hydrology Outreach Committee held a forum entitled "Multiple Uses of Water in Emery and Carbon Counties" that was attended by 175 persons. The Committee describes itself as "a consortium of local, State and Federal government, consultants and industry representatives examining the interrelationships of water and mining, and promoting cooperation among water users." OSM, in connection with the 20th anniversary observance of the enactment of SMCRA, took the opportunity to give the Emery County Public Lands Council a Grassroots Organization award. OSM lauded the Council's work on water issues in the Huntington Canyon area in the western portion of Utah's Wasatch Plateau coalfield and cited the "the Council's importance as a venue for citizens to work in partnership with federal and State agencies."



In St. George, Utah, on March 10 and 11, 1998, the Hydrology Outreach Committee had a booth at the Water User's Conference. The Committee displayed information and answered questions on hydrology topics in the Emery County area.



In Price, Utah, on March 19, 1998, DOGM participated in a conference entitled "Utah Coal Conference for Government and Industry". Of the 73 persons that attended, 36 were governmental employees, 26 were from the coal industry, and 10 were consultants.



IV. Accomplishments, Issues, and Innovations



A. Accomplishments



In their evaluation of two topics in evaluation year 1998, OSM and DOGM identified the following accomplishments. Because DOGM is successfully implementing the parts of its OSM-approved program relating to these topics, OSM and DOGM will not be further examining them in evaluation year 1999.



1. Surface and Ground Water Protection



Water monitoring data analyses. During evaluation years 1996 and 1997, OSM and DOGM analyzed water monitoring data for one mine in response to allegations by water user associations that the mine was adversely impacting water resources outside of the permit area. By the end of evaluation year 1997, OSM and DOGM found that flow at one spring was lower than historic observations and recommended that this quantity issue be further examined to better determine if the reduced flows were the result of mining.



In evaluation year 1997, Utah developed Technical Directive Tech-005, which details the State's administrative process for "Review and Interpretation of Water Monitoring Data." The purpose of the directive is to supplement existing procedures and State regulation related to the processing of water monitoring data for both the development of cumulative hydrologic impact assessment findings documents and for the evaluation of water monitoring data gathered during mining.



At approximately the midpoint of evaluation year 1998, the OSM and DOGM team decided that it would discontinue reviewing water quality and quantity data to determine whether impacts to the hydrologic balance were occurring. It made this decision on the bases that (1) it had not identified any significant hydrologic impacts that were attributable to the mine and (2) DOGM had developed a well-defined administrative process in Tech Directive Tech-005 that requires DOGM to continue to review and interpret the mine's water monitoring data and to make decisions on the mine's impacts to the hydrologic balance.



Cumulative hydrologic impact assessments (CHIA's). In evaluation year 1997, OSM and DOGM reviewed DOGM's September 1989 Gentry Mountain CHIA. In the CHIA, DOGM had assessed the cumulative impacts of the aforementioned mine and additional mines adjacent to it. OSM and DOGM found that DOGM had not adequately specified in this CHIA the standards that, if exceeded, would constitute material damage to the hydrologic balance outside the permit area.



DOGM began revision of the CHIA in evaluation year 1997 and completed it in September 1998. In the revised CHIA, DOGM evaluated material damage on the basis of the use of the water resource and the water quality standards associated with the use. In so doing, it worked within the framework of State water rights law and State water quality standards. DOGM succeeded in developing a rational set of site-specific material damage standards for the mine.



As a part of an OSM regional review of western State bonding practices, OSM and DOGM evaluated DOGM's bonding practices to determine whether DOGM was inappropriately reducing reclamation performance bonds without going through the formal bond release process. Section 509(e) of SMCRA and the Federal regulations at 30 CFR 800.15(c) allow bond reductions outside the formal bond release process only in those instances where the acreage to be affected decreases or where the permittee's method of operation or other circumstances reduces the estimated cost for the regulatory authority to reclaim the bonded area. OSM and DOGM reviewed all of the bond adjustments that DOGM made for a 9-month period and found that Utah was appropriately reducing bonds.



B. Issues



In their evaluation of four topics, OSM and DOGM identified the following issues. With one exception (Applicant/Violator System), OSM and DOGM will continue their evaluation of the following topics in evaluation year 1999.



1. Utah Interagency Water Quality Agreement



As the result of their review of citizen complaints during evaluation year 1996, OSM and DOGM concluded that communication on water quality problems at coal mines could be improved between DOGM and the Utah Department of Environmental Quality (DEQ), the Utah Pollutant Discharge Elimination System permitting authority. During evaluation year 1997, OSM and DOGM further concluded that the October 16, 1990, memorandum of understanding (MOU) between DOGM and DEQ does not promote effective communication for enforcing water quality standards at coal mines because: