Abandoned Mine Lands Program Coordination Protocol

United States Department of the Interior BUREAU OF LAND MANAGEMENT Wyoming State Office P.O. Box 1828,  Cheyenne, Wyoming 82009-1828 IN REPLY REFER TO:3720 (930) P September 19, 2011 EMS TRANSMISSION: Instruction Memorandum No. WY 2011-046 To: District Managers and Deputy State Directors From: State Director Subject: Abandoned Mine Lands Program Coordination Protocol Wyoming Bureau of Land Management (BLM) enjoys very substantial benefits in its Abandoned Mine Lands (AML) reclamation partnership with the State of Wyoming (State) AML Division. As the lead agency for AML site reclamation under the Surface Mining Control and Reclamation Act (SMCRA), the State invests considerable personnel and financial resources in reclaiming hazardous coal and non-coal AML sites on public land. In this process, the State AML generally completes all the necessary National Environmental Policy Act (NEPA) work, as well as survey and design reports, resource studies required under other authorities, as well as contracting site construction. This is a very time-critical process for the State since its reclamation project contracts include multiple AML sites with varying land ownerships. Any delays in these tasks required for AML sites on public land can result in contract delays and cost overruns for the State. Therefore, we are implementing the following program management approach to enhance our ability to respond promptly to AML site reclamation priorities. In FY 2011, BLM added two positions in WY 930, an Environmental Protection Specialist (EPS) and an Archaeologist 1 , to serve as the Statewide AML Assistance Team (AML Team) to aid all the Field Managers in completing time critical AML tasks. Both positions are duty-stationed in the Lander FO to more easily conduct fieldwork and expedite program coordination with the State AML. Please review BLM IB No. WY-2011-002 for more information. Due to the complexities of the AML site reclamation process and the need to increase the effectiveness of our inter-office program coordination during our significant planning and energy development workload, as well as to maximize efficiency in external coordination with the State, it has been determined that a standard protocol should be established. This protocol pertains to all program related communications; staff review of necessary studies, reports, and reclamation  plans; and completion of future AML tasks including site inventory, monitoring site reclamation construction, and monitoring the condition of reclaimed sites. This Instruction Memorandum reaffirms and further establishes the following process. 1. The Field Managers (FMs) and their staff have the lead in: o The review and comment regarding all NEPA documents, resource reports (investigation for T&E species, bat habitat, cultural resources, etc.), and survey/design plans. o The identification of pertinent conditions or stipulations and formal responses to the State AML regarding authorization to proceed with BLM AML site reclamation. o And, preliminary site investigations, review of site construction, post site reclamation monitoring, and other AML related tasks. 2. Field Office (FO) personnel involvement and FO autonomy will be maintained in all decision making concerning management of resources associated with AML sites and their reclamation. 3. Tasks will be efficiently completed to ensure timely progress in AML site reclamation workload and the avoidance of any delays which result in costly contract overruns for the State AML. Therefore, in the interest of increased efficiency, the following process will be followed to ensure timely completion of the tasks involved in AML site reclamation in cooperation with the State AML. 1. Resource investigation reports, survey/design plans, and NEPA EA2 documents will be submitted by the State to both the FO AML Lead and to the AML Team members. The FO AML Lead has 5 days to route the documents to other FO Resource Specialists (e.g., archaeologist, wildlife biologist) responsible for review and comment on these documents. 2. The AML Team member(s) will also review the applicable report, study, or design plan, keeping detailed notes regarding any enhancements, corrections, or stipulations necessary to meet BLM requirements. These notes will be submitted within five working days to the appropriate FO AML Lead for his/her prompt distribution to other responsible FO Resource Specialists. These notes will be detailed down to pages and paragraphs to assist the AML Lead or Resource Specialist in their review. 3. The FO AML Lead and appropriate Resource Specialists, upon reviewing the AML Team member notes and the area of the document in question, may concur or add to the 2 In certain instances, the State AML will be preparing the EA and supporting resource reports, but the responsible FO will need to complete the FONSI and DR as the responsible federal agency. Generally, this will be the case when BLM is providing a substantial portion of the funding invested in site reclamation. In other cases where BLM is not providing site reclamation funding (e.g., the funding is being provided by the State AML and OSM), OSM will generally be the responsible federal agency to complete the FONSI and DR. 3 recommendations, then provide them to the Field Manager for consideration and submission as a memorandum to the State AML. A copy of this document must be placed in the related AML project file. This is the preferred approach intended to establish formal documentation of this communication with the State AML. Should the Field Manager delegate this task to the FO AML Lead or FO archaeologist, then these individuals must ensure that a copy of any memoranda they originate (e.g., concurrence letter that the State must include in their State Historic Preservation Office (SHPO) consultation, consultation letters with SHPO) is placed in the related AML project file. The subsequent result will either be a response by the State AML to amend/re-submit the applicable report, or BLM's acceptance of the applicable report and approval of the action. 4. Once all necessary documents are sufficient to satisfy BLM's management requirements, the FO AML Lead will complete the surface/mineral owner consent form provided by the State AML, submit it for Field Manager signature, and send the signed document approving the project to the State AML. If an owner consent form is not provided by the State AML, the FO AML Lead will prepare a memorandum documenting BLM's consent and process it in the same manner. A courtesy copy of the owner consent letter or memorandum shall be sent to the AML Team members. 5. If, due to extenuating circumstances, Step 3 cannot be completed within 15 working days from the receipt of the original documents from the State AML, the appropriate AML Team member(s) will contact the FO AML Lead to offer direct assistance in completing the tasks outlined in Step 3. To ensure good communication, all the corrections or stipulations they recommend to meet necessary BLM requirements will be shared with the FO AML Lead and affected Resource Specialists for their input in advance of submitting a final deliverable for Field Manager approval and submission to the State AML. 6. In addition, if Step 4 cannot be completed within 10 working days from receipt of the final documents from the State AML, the appropriate AML Team member(s) will directly assist the Field Manager in completing the tasks outlined in Step 4. Again, to ensure good communication, all the corrections or stipulations they recommend to meet necessary BLM requirements will be shared with the FO AML Lead and affected Resource Specialists for their input in advance of submitting a final deliverable for Field Manager approval and submission to the State AML. 7. Similar assistance is available from both AML Team member(s) to complete other AML site field work including, but not limited to: site inventory, coordination of interim site mitigation (e.g., fencing), independent BLM archaeological inventory and reports, construction inspections, post reclamation site monitoring, and continued AML data management. If a FO staff would like assistance from either AML Team member with AML document review and project approval processes, or in other AML related tasks, the AML Lead should confirm this preference with the affected Resource Specialists and Field Manager. Following this coordination, the AML Lead should then submit a brief email request, with courtesy copies to the Field Manager and affected Resource Specialists, to the WY 930 Branch Chief, Marty Griffith. This email should briefly state the nature of the assistance needed and associated work schedule. The Field Manager has the option of requesting the assignment of selected AML related tasks, or programmatically most/all AML workload, to the WSO AML Team. The WY 930 Branch Chief will review the request with the appropriate AML Team member(s), schedule the assignment as appropriate, and reply to the FO AML Lead and Field Manager within 5 working days. Of special note, all workload targets and units of accomplishment completed with this assistance will be reported in FBMS in the FO where the work is accomplished. Additional details regarding communication and coordination in critical tasks involved in AML site reclamation are diagrammed in Attachment 1. This attachment shows an example diagram outlining the coordination and workflow for archaeology related tasks, but other AML related tasks will follow a similar pathflow.Please direct any questions you may have regarding this matter to Marty Griffith, WY 930 Branch Chief, or Rick Schuler, WY 930 AML Program Lead. 1 Attachment 1: Air Protocol Example (1 p) Distribution Director (360), Room 504, LS 1 (w/o atch.) Field Managers 1 (w/atch.) CF 1 (w/atch.)