Permanent Program Phase I

Prepared by

Western Regional Coordinating Center

Termination of Jurisdiction Team

Approved by

Western Region Management Council

September 19, 2000

Office of Surface Mining

Reclamation and Enforcement

Western Region

Permanent Program Phase I Bond Release Guidance

The Office of Surface Mining Reclamation and Enforcement (OSM) has prepared this guidance document to facilitate Phase I release of reclamation performance bonds on coal mines on Indian lands or in Federal program States for areas subject to the Federal permanent program regulations. This guidance document is not intended to replace nor supplement the regulations.

Bond release actions may occur at the completion of the phases of reclamation defined under 30 CFR 800.40(c) and upon receipt of an application for release under 30 CFR 800.40(a). Phase I bond release may occur upon the completion of backfilling, regrading (which may include the replacement of topsoil) and drainage control, in accordance with the approved reclamation plan. Phase II bond release may occur after replacement of topsoil (if not part of Phase I), after vegetation has been established, in accordance with the approved reclamation plan, or after prime farmland productivity has been restored, if applicable, and when there are no contributions of suspended solids to streamflow or runoff outside the permit area in excess of the requirements established in the Section 515(b)(10) of the Surface Mining Control and Reclamation Act (SMCRA), the regulations and the approved permit application. Phase III or final bond release and termination of jurisdiction may occur at the successful completion of all reclamation activities required in the approved permit, the Act, and after expiration of the period of permittee responsibility in 30 CFR 816.116 or 30 CFR 817.116.

There are four types of information that OSM will use in evaluating a Phase I Bond Release application. The first is the information required under the Federal regulations at 30 CFR 800.40 and the applicable permanent program performance standards in Subchapter K. Second is any applicable information provided by the permittee that is required by the approved permit application and the terms and conditions of the permit. Third, the discretionary information identified in this guidance which, if supplied as part of the application, would be helpful in facilitating the processing of the bond release application. The fourth source will be information collected by OSM during inspections and site visits. The permittee is encouraged to meet with OSM prior to applying for bond release to further discuss the available information and any additional information that could facilitate review of the bond release application.

OSM encourages application for bond release on reclaimed lands and strongly recommends that Phase I bond release be obtained as soon as possible after the

completion of backfilling and regrading (which includes placement of suitable root zone material) and prior to initiation of topsoil, topsoil substitute, or topsoil supplement placement.

To expedite the review of phase and total bond release applications, OSM recommends submission of electronic data and maps. Contact OSM for information on preferred electronic file types and appropriate formats.

Applications for Phase I bond release must include, at a minimum, the following information:

1. A notarized statement that certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the Act, the regulatory program, and the approved reclamation plan (30 CFR 800.40(a)(3)).

2. Copies of letters sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality of the surface coal mining and reclamation operation notifying them of the intention to seek bond release (30 CFR 800.40(a)(2)).

3. Proof of publication must be provided to OSM within thirty days after application for bond release has been filed (30 CFR 800.40(a)(2)). We recommend that a draft proposed newspaper advertisement, with the information specified under 30 CFR 800.40(a)(2), be submitted to us for review prior to publication to ensure that all necessary information is included.

4. A map, at the scale approved in the permit application, which includes:

A. Permit area boundary, and

B. Area proposed for release.

Based on the commitments in the approved mining and reclamation plan, any information required to demonstrate compliance with the approved reclamation plan must be submitted either prior to or with the bond release application. Any information that has been previously submitted would not have to be resubmitted. However, to facilitate review of the application it is recommended that this information be cross referenced. Examples of information that may be required in an approved mining and reclamation plan and used in a Phase I bond release determination include:

1. Physical and chemical analyses results of final graded spoil and the locations of regraded spoil sampling .

 

2. Physical and chemical analyses results of topsoil substitute/subsoil material, if not previously supplied.

3. Construction/safety reports, as-builts, and any other documentation for drainage control structures and other permanent facilities that support the application for Phase I bond release.

To facilitate and expedite the review and approval of an application for Phase I bond release application, OSM recommends that the applicant provide the following information:

GUIDANCE FOR OSM INSPECTIONS OF RECLAMATION

A. Relationship of Previous Inspections to Phase I Bond Release

OSM’s Western Region began an initiative in 2000 to ensure that all aspects of reclamation are evaluated as they occur. Contemporaneous evaluation of reclamation activities will facilitate resolution of any issues related to efforts such as backfilling and grading prior to subsequent reclamation activities and will provide an incentive for timely bond release requests.

This guidance is intended to clarify procedures when:

1. Permittees submit applications for releases of areas on which reclamation activities have been previously evaluated; and

2. Permittees submit applications for Phase I (or Phase II or III) releases for areas where evaluation of some aspects of the reclamation process has not been previously documented.

C. Phase I Preparation [Prior to Field Inspection]

The standard for evaluating Phase I backfilling, grading and drainage control is the approved final surface configuration and hydrologic reclamation plans in the approved permit application.

1. The inspector, in consultation with the mine team, will be responsible for determining if additional technical assistance is needed (e.g., engineer, hydrologist, soil scientist, as needed) to complete the evaluation of Phase I release applications. If additional participation is warranted, an inspection team will be formed. The inspector will determine which areas of the Phase I bond release application have been previously documented as meeting the backfilling, grading and drainage control plans and therefore do not require field review other than to confirm that there are no failures.

2. In preparation for the Field Inspection the inspector/inspection team will:

a. Review the approved reclamation plan, including all pertinent maps, and review all permit terms and conditions pertaining to reclamation.

b. Review the inspection reports, permit files and correspondence for information pertinent to the Phase I bond release application. Previously evaluated reclamation activities (e.g., backfilling and grading, topsoil replacement) would not have to be reevaluated except to assure no failures have occurred.

c. Identify the boundaries of the proposed release area to be evaluated by referring to the map(s) contained in the permit and release application. If the permittee has included a survey or GPS data of the proposed area, review this for accuracy using maps in the permit.

d. For areas not previously evaluated, determine if the permittee has complied with the approved backfilling, grading and drainage control plan, to the extent possible, using available information, including information collected and/or documented as part of previous inspections.

e. For areas not previously evaluated, review results or other documentation of the permittee’s regraded spoil material sampling to determine compliance with the reclamation plan, including placement of toxic and acid-forming materials.

C. Phase I Field inspection

The MEIR form and narrative report should be used to document the inspection findings. The inspector should consider photographing and/or videotaping both the area being released and the adjacent permit area.

1. For areas previously documented as meeting the backfilling and grading plan the inspection will:

a. Verify the acreage and location of the area proposed in the bond release application.