Performance Agreement
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New Mexico Performance Agreement |
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OFFICE OF SURFACE MINING
RECLAMATION AND ENFORCEMENT
NEW MEXICO OVERSIGHT PLAN
Evaluation Year - 1998
The following document was authored by the New Mexico Oversight Team, consisting of
staff from the Office of Surface Mining Reclamation and Enforcement (OSM), Albuquerque
Field Office and the New Mexico Mining and Minerals Division (MMD).
The members of the 1998 New Mexico Oversight Team are as follows:
Dan Martinez AFO
Vern Maldonado AFO
Jerry White AFO
Robert Evetts MMD
Rick Koehler MMD
Rick Martinez MMD
Jim O'Hara MMD
Robert Russell MMD
Team coaches:
Willis Gainer AFO
Kathleen Garland MMD
The purpose of oversight is to evaluate the State's ability to accomplish the goals and
responsibilities associated with the Surface Mining Control and Reclamation Act. The New
Mexico Oversight Team (TEAM) has developed a draft workplan which will govern
oversight of the New Mexico Title IV and V programs for the 1998 oversight year. The 1998
workplan follows OSM Directive REG-8, and AML-22, and in keeping with those
documents, seeks to develop long-term, site-specific topics that concentrate on the major
goals of SMCRA: elimination of off-site impacts and achieving successful reclamation that
meets the intended post-mining land use. The 1998 plan calls for the investigation of a
number of variables which we believe influence these two goals. Our strategic plan is to use
the results of the oversight effort to generate ideas for improving regulatory efficiency, and
on-the-ground reclamation.
The Team will document problems identified during the course of the oversight period, and
address them as they arise. The final oversight report will summarize the methods used,
problems identified, and solutions implemented by the Team during the oversight period. It
will also identify longer-term problem areas, and propose mitigation measures. The report
will provide a summary of the State's program performance during the oversight period,
based on the performance measurements described in this workplan, and provide
recommendations for future oversight.
The workplan contains two sections. Part one covers Title IV (AML program) oversight and
is formatted to comply with Directive AML-22. Part one also covers grants (both Title IV
and Title V) oversight, and is also formatted to comply with Directive AML-22, because it
provides specific format guidance for grants oversight. Part two covers Title V (Regulatory
program) oversight, and is formatted to comply with Directive REG-8. Both parts of the
workplan provide background on topic selection, oversight methodology, and performance
measures for evaluation.
Format conflicts between REG-8 and AML-22 resulted in a document with less internal
cohesion than the Team desired. The Team hopes that a consequence of this process will be
development of a more consistent format for Title IV and Title V program oversight. It
would benefit the oversight Team to have a consistent document that combines the
requirements of REG-8 and AML-22.
The New Mexico Oversight Team has fully reviewed this document, and respectfully submits
it to OSM for evaluation. The Team believes that the implementation of this workplan will
increase the effectiveness of New Mexico's programs, and provide useful information to both
the States and OSM. We believe the work is structured to improve cooperation and
coordination between the agencies, and to efficiently employ the resources of both agencies.
Lastly, we believe this workplan focuses our resources on the primary goals of
SMCRA evaluating and improving mined land reclamation.
PART I
ABANDONED MINE LAND RECLAMATION PROGRAM
New Mexico AML Program
Principle Being Evaluated: 3. On-the-ground reclamation is to be achieved in a timely,
cost-effective manner.
Reason for Selection: This is a cyclical review.
Requirements: The New Mexico Oversight Team expects this review to show how projects
are reclaimed to minimize repeated maintenance, to promote landscape stability, establish
revegetation and enhance wildlife where it is consistent with adjacent land uses.
Background: The Team decided to continue its review of project maintenance, reclamation
success, and closure methods during this review period. Reclamation success will continue
to be evaluated in terms of landscape stability and revegetation success, because these topics
reflect the long-term effectiveness of MMD's AML reclamation and stress on-the-ground
results. The Team reviewed this principle in the 1996 and the 1997 evaluation period and
decided to continue the review through the 1998 period. However, this year, the Team has
added wildlife enhancement as a measure of reclamation success. Continuing the review of
this principle into the 1998 evaluation period will enable the Team to draw conclusions based
on observations made over several evaluation periods.
Population/Sample: The sample size is 10 completed projects that were designed to include
wildlife enhancement as a benefit.
Summary of Planned Review: The Team will visit 10 completed projects that were
designed to provide benefits to wildlife. The Team will also review MMD's files for
documentation of maintenance visits and completion of necessary maintenance work.
Additionally, the Team will review records of meetings with MMD, grant performance
reports, and project visit reports in OSM's files. Successful project maintenance will be
based on observations or documentation of projects that abate hazards, result in stable
reclamation and provide tangible benefits to wildlife, while adhering to the recommendations
of SHPO and the requirements of NEPA. The Team will also evaluate the extent to which
repeated maintenance is minimized by the use of innovative reclamation techniques to
improve stability.
Summary of Findings: Results of the review will be reported by describing the Team's
visits to reclaimed projects, its assessments of maintenance needs, and MMD's performance
in providing needed maintenance. They will also describe MMD's efforts to promote
landscape stability, establish vegetation where it is consistent with adjacent land use(s) and
available resources, and provide tangible benefits to wildlife. Results will also describe
MMD's closure methods and the extent to which they abated hazards and accommodated
site-specific conditions.
Schedule: The Team will conduct its enhancement and performance review throughout the
year. Field visits will be made when possible giving consideration to weather, access, and
travel budgets. MMD's reclamation and project maintenance activities will be discussed at
quarterly meetings. Documentation of MMD's maintenance and reclamation activities will
be reviewed in the State's files. The Team also will review grant performance reports and
other information routinely submitted to OSM by MMD. Results of the review will
be compiled into a draft enhancement and performance review report no later than 45 days
after the end of the evaluation year.
New Mexico AML Program
Enhancement and Performance Review Workplan
1998
Principle Being Evaluated: 4. Programs should have systems in place to ensure
accountability and responsibility for spending AML funds and a process to assure that such
systems are working.
Reason for Selection: The grants sub-team has identified the contractual object class
compliance assessment topic under this principle for review in EY98.
Requirements: The Division must be in compliance with the State's contractual policies and
procedures.
Background: This topic was selected for review during this evaluation period and will
include contractual purchases made under both the AML and Regulatory programs funded by
OSM.
Population/Sample: Contractual purchases made with OSM grant funds for the period
October 1, 1997 through September 30, 1998 will be reviewed for compliance with the
State's contractual policies and procedures.
Summary of Planned Review: The grants sub-team will conduct this review continually
throughout the EY98 Evaluation Year at the MMD Office or in the field if such is the case.
Summary of Findings: The grants sub-team expects the review to indicate MMD's
compliance with the State's contractual policies and procedures.
Schedule: This performance and enhancement review will be conducted continually
throughout the EY98 Evaluation Year.
New Mexico AML Program
Principle Being Evaluated: 5. Information on AML Program operations and
accomplishments should be gathered and maintained in an effective manner.
Reason for Selection: This is a cyclical review.
Requirements: The New Mexico Oversight Team expects this review to show how well
MMD meets the AML reclamation goals as stated in the annual construction grant
application. It also is expects to show how well MMD uses the elements tracked by
Abandoned Mine Land Information System (AMLIS) to formulate the goals for each project
for which funding is requested. The Team will also evaluate how well MMD complies with
OSM Directive AML-1 to help OSM maintain the AMLIS. The review will be based on
information exchanged between MMD and OSM continually throughout the year.
Background: The Team decided to continue its review of MMD's development of internal
information systems and its use of AMLIS during this review period. AMLIS is a
centralized, combined database that serves to maintain an AML inventory on a national level.
It serves as a planning and reporting tool by enabling access and data manipulation by
individual AML programs and some OSM offices. MMD perceived a need to expand its
AML information storage, manipulation, and retrieval capabilities beyond the level currently
provided by AMLIS. The Team reviewed this aspect of MMD's program in the 1996
evaluation period and decided to continue the review through the 1997 period. During the
1998 evaluation period, the Team will also see how well MMD uses the elements tracked by
AMLIS to formulate the goals for each proposed project it submits for funding in its annual
construction grant application.
Population/Sample: The population is the problem area descriptions (PAD's) that pertain to
the projects that MMD proposes for funding in the annual construction grant application
(approximately 20). The sample size will be that number of PAD's created, modified, or
deleted in AMLIS by MMD during the life of one completed construction grant.
Summary of Planned Review: The Team will review MMD's creation of new PAD's,
modification of existing PAD's, and deletion of PAD's that no longer constitute hazards to
public health and safety and/or the environment. The Team will review MMD's information
system(s) as well as records of meetings, grant performance reports, AMLIS reports, and
other information in OSM's files.
MMD's success will be based on MMD following its approved AML grant for meeting the
goals established. It also will be based on MMD creating new PAD's to reflect modification
of existing PAD's to reflect updated reclamation estimates and/or previously undiscovered
additional AML features that need reclamation. Additionally, it will be based on MMD
modifying existing PAD's to reflect funding levels upon submittal of NEPA compliance
documentation prior to receiving authorizations to proceed, and to reflect accomplishments
and final costs of completed reclamation. Further, it will be based on MMD deleting PAD's
from AMLIS upon documenting that they no longer constitute priority 1, 2, or 3 hazards.
Summary of Findings: Results of the review will be reported by describing MMD's use of
AMLIS throughout the evaluation year in relation to its discovery of new hazards, receipt of
funding, and completion of reclamation projects. They will also describe MMD's use of
existing information system(s), its enhancement of existing system(s), its development of
new systems, and the benefits MMD will realize as a result of those activities.
Schedule: The Team will conduct its enhancement and performance review throughout the
year. MMD's use of AMLIS and information systems will be discussed at quarterly meetings.
Results of the review will be compiled into a draft enhancement and performance review
report no later than 45 days after the end of the evaluation year.
PART II
COAL MINE RECLAMATION PROGRAM
New Mexico
Annual Oversight Workplan
Evaluation Year 1998
COAL MINE RECLAMATION PROGRAM
Regulatory Program Area of Review: Reclamation Success
Subelement: Contemporaneous Reclamation
Population size: All surface coal mining operations permitted by New Mexico MMD
Sample size: All active coal mining operations permitted by New Mexico MMD
Review scope: Each active coal mining operation will be evaluated for the degree of
compliance with the terms contained withing the mining permit regarding contemporaneous
reclamation.
Methodology: New Mexico Oversight Team will isolate the permit requirement regarding
contemporaneous reclamation for each active coal mining operation. The Team will conduct
on-site inspections to evaluate compliance with the requirements of the mining permit and
the New Mexico Surface Coal Mining Regulations. OSM will evaluate the State's
requirements to determine if they are no less effective than the Federal standards.
Projected completion dates: Data collection and analysis to be completed by August 31,
1998, with results to be available by September 30, 1998.
COAL MINE RECLAMATION PROGRAM
Regulatory Program Area of Review: Reclamation Success
Subelement: Land Form/Approximate Original Contour: Small Area Depressions
Population size: All surface coal mining operations permitted by New Mexico MMD
Sample size: An inspection of examples of small area depressions located on the Mentmore
and McKinley (south) mining operations permitted by New Mexico MMD.
Review scope: The inspections will be coupled with a review of MMD's standards for small
area depressions. Evaluation of the standards and any small area depressions located on the
mines will be based on MMD's regulatory standard 19 NMAC 8.2.2055.C.
Methodology: The State of New Mexico Surface Coal Mining Regulations allow small
depressions if they are needed to retain moisture to assist revegetation as authorized by the
Director. Small depressions may be constructed if they: (1) are approved by the Director to
minimize erosion, conserve moisture, create or enhance wildlife habitat, or promote
vegetation; (2) do not restrict normal access; and (3) are not inappropriate substitutes for
lower grades on reclaimed lands. The New Mexico Oversight team recognizes that subnormal
annual rainfall will affect the visual appearance of small area depressions. However, the
Team believes that, in most cases, an evaluation can be made in wet or dry conditions
through visual assessment.
In cases where the Team cannot determine compliance through visual assessment, a technical
evaluation will be performed. A technical evaluation may include an analysis of location,
water storage capacity, wildlife use, vegetation success (% cover), and soil moisture
retention. Technical evaluations may be performed during the 1999 evaluation period, if
sufficient resources are not available during the 1998 period.
Projected completion dates: Data collection and analysis to be completed by August 31,
1998, with results to be available by September 30, 1998.
COAL MINE RECLAMATION PROGRAM
Regulatory Program Area of Review: Customer Service
Subelement: Citizen Complaints (blasting and property damage)
Population size: All surface coal mining operations permitted by New Mexico MMD
Sample size: The San Juan and La Plata Coal Mining Operations
Review scope: The Team will evaluate how well MMD followed its procedures for resolving
Citizen Complaints.
Methodology: The Team will examine the administrative record pertaining to Citizen
Complaints filed with MMD, regarding alleged violations of the State Program at the San
Juan and LaPlata Mines. The Team will also consider any observations OSM makes during
joint oversight inspections.
Projected completion dates: Data collection and analysis to be completed by August 31,
1998, with results to be available by September 30, 1998.