Documentation and Recordation of Mining Inspections
In Reply Refer To:
3809/3715 (AK930) P
Instruction Memorandum No. 2019-008
Expires: 09/30/2020
To: District Managers and Field Managers
From: State Director
Subject: Documentation and Recordation of Mining Inspections
Program Area: Mining Law Administration Program (L1990) – Surface Management
Purpose:
The purpose of this Instruction Memorandum is to identify how BLM Alaska will facilitate timely communication of mining inspection results to mine operators so they will clearly. understand the status of operations, any resolution to issues that were identified during an inspection, and potential for enforcement actions. This process will ensure that mine operators receive a record of the inspection at the time of inspection and, later, a more comprehensive report.
Policy/Action:
In accordance with national policy, findings and results of inspections must be documented and accompanied by a narrative that completely describes the situation(s) found during the inspection. Consistent with the Inspection Compliance Flow Process Instructional Memorandum (IM No. 2019-XXX), mining compliance staff must continue to work constructively and pro-actively with the miner in the field to address issues and to find resolution, provide close-out communication, and notify the operator of potential situations that may result in an enforcement action.
Following the intent of the regulations and the direction of the Surface Management Handbook, BLM Alaska mining compliance staff shall employ the Mining Field Summary Sheet and the Mining Compliance Inspection Report (attached) to document all mining inspections.
The Mining Field Summary Sheet will be used to document:
- all relevant conversations with the miner
- issues identified during the inspection
- corrective actions completed during an inspection
- changes or modifications to the access, operation, occupancy, or surrounding environment
- any potential situations that may require the issuance of an order or enforcement action
The Mining Field Summary Sheet, on triplicate carbon-copy paper, will be issued to each field office for use. One copy shall be given to the mine operator at the conclusion of the inspection, one copy shall be placed in the field file, and a copy placed in the 3809 Case File. If the operator or other mine representatives are not available at the time of inspection, the inspector must leave a record of the visit somewhere on site where the operator will readily notice it. An example may include leaving a copy of the Mining Field Summer Sheet at the occupancy, a signed business card with date and time of visit.
The Mining Field Summary Sheet is a record of conversations and key concerns as a result of the inspection, but is not a narrative that completely describes the situation. To meet the requirements of the Surface Management Handbook H-3809-1 for adequate documentation of the mine inspection, a Mining Compliance Inspection Report will be completed and sent to the operator and claimants. The Mining Compliance Inspection Report is a pre-built template that includes four key elements:
- A comprehensive narrative describing the inspection, using the Mining Field Summary Sheet as the basis. The narrative may reference photos to help illustrate key components of the inspection.
- Recommendations to the operator to improve or correct deficiencies (as appropriate)
- Recommendation to the authorized officer (Field Manager) for enforcement actions (as appropriate)
- Annotated photos and maps.
As a BLM Alaska statewide policy, the Mining Compliance Inspection Report is required for all 43 CFR 3809 and 3715 inspections and, if compliance issues are found, shall be written and sent to the operator within 10 business days of mining compliance staff returning from the inspection. The authorized officer must review the report and any determinations of enforcement action decided upon within to the 10-business day deadline. For sites with no compliance issues, the report will be sent to the operator as soon as practical, but no later than 30 days from return of the inspection.
For those situations where an enforcement order is required, ensure timely delivery of the order, by whatever means necessary and practical, to operators and claimants who may otherwise be unable to check mail regularly due to the nature of operating in remote locations. In some instances, the enforcement order may need to be hand-delivered during a follow-up inspection.
For those situations that warrant immediate suspension of activities to protect health, safety, or the environment from imminent danger, in accordance with 43 CFR 3809.601 (b)(2), the authorized officer should be contacted immediately (from the field if possible). If the authorized officer deems it necessary, a written enforcement decision must be delivered to the operator as soon as possible. This may entail traveling back to an operation to hand-deliver the order. Otherwise, if the mining compliance specialist has been delegated the authority to do so, the specialist may issue a written enforcement order without consulting with the field manager.
Timeframe: Effective immediately.
Budget Impact: There may be a cost increase associated the extra effort required for hand-delivery of compliance orders to those operators working in remote areas who have limited or no access to U.S. Postal Service.
Background:
Review of the Alaska BLM Mining Compliance program and comments received from the mining community identified a need to re-instate BLM’s past practice of leaving miners with information regarding the inspection. Due to Alaska’s unique placer mining season and remoteness of many mining sites, most miners are unable to receive written correspondence for substantial periods of time and electronic communication is unreliable. Leaving miners with information regarding the status of the inspection ensures an open line of communication and helps reduce confusion and mistrust in the inspection and compliance process.
The Surface Management (43 CFR 3809) and Use and Occupancy under the Mining Law (43 CFR 3715) regulations require the BLM to maintain a compliance and enforcement program. Part 3809.600 states the BLM may inspect any part of the operation on public lands at any time. Part 3715.7 authorizes the inspection of all structures, equipment, workings, and uses located on public lands for verification of the nature of the use and occupancy of the public lands. For any structures that are used solely for residential purposes the BLM must receive permission from the occupant or a court of competent jurisdiction. H-3809-1, Section 9.1.5, details the requirements for documentation of inspections which is the key process in memorializing the inspection component of the 3809 and 3715 regulations.
Manual/Handbook Sections Affected: H-3809-1 Surface Management Handbook
Coordination: BLM Alaska State Office Division of Energy and Minerals, Solid Minerals Section
Contact: James Whitlock, Compliance & Enforcement Coordinator, 907-271-4227, j05whitl@blm.gov; or Joseph Galluzzi, Chief of Solid Minerals, 907-271-3236, jgalluzz@blm.gov.
Signed by:
Chad Padgett
BLMAlaska State Director
3 Attachment
1 – BLM Alaska – Mining Field Summary Sheet
2 – Inspection Summary Sheet – Recommended Topics to Consider