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ACTION PLAN ID # UT-2017-001 <br /> In addition to the OSMRE-approved Utah program, DOGM implements its own technical <br /> guidance and policy, which generally sets forth non-binding internal practices and procedures as <br /> needed to supplement, or elucidate, its own State program requirements. Specifically,at issue in <br /> this Action Plan is DOGM's Technical Directive 007, "Calculation Guidelines for Determining <br /> Reclamation Bond Amounts"(Tech-007). Tech-007 establishes specific requirements and <br /> procedures for calculating and determining the amounts of reclamation bonds. <br /> OSMRE's technical assistance findings identified minor programmatic implementation problems <br /> associated with the use of Tech-007, instances where DOGM appeared to deviate from the <br /> direction provided in Tech-007, and language within Tech-007 that conflicts with the Federal <br /> minimum standards. On October 19,2016, a draft of this Action Plan,along with a copy of <br /> OSMRE's internal technical findings, was submitted to DOGM for its review and comment. <br /> OSMRE received DOGM's comments in response to Issue 1 of the draft Action Plan on January <br /> 5,2017, which were discussed during a teleconference scheduled on January 19, 2017. In <br /> addition to teleconferences, OSMRE staff traveled to the DOGM office in Salt Lake City, Utah <br /> to discuss calculating reclamation cost estimates from March 27,2017 through March 29, 2017. <br /> DOGM submitted a partial revision of Tech-007 § 8 on March 21, 2017, to which OSMRE <br /> provided feedback on April 6,2017. OSMRE subsequently revised the Action Plan to <br /> incorporate discussions and agreements reached during the March 2017 in-person meetings and <br /> submitted the revised Action Plan to DOGM for review on April 17,2017. The Action Plan was <br /> finalized on May 3,2017,and became effective upon signature. <br /> This Action Plan seeks to address and resolve each of the four program implementation problems <br /> discussed below pertaining to the calculation and determination of reclamation performance <br /> bond amounts. OSMRE and DOGM will resolve the cause of each regulatory program <br /> implementation problem. This includes reviewing and revising certain language within Tech- <br /> 007 to ensure that Utah's guidance document—as written,interpreted, and applied—does not <br /> render the approved Utah program requirements less stringent than SMCRA or less effective <br /> than the Federal regulations. <br /> After defining each of the four programmatic implementation issues in the Problem Descriptions <br /> below,OSMRE developed and tailored individual Criteria for Resolution sections to resolve <br /> each program problem. Individual Action Sequence and Schedule sections outline milestones <br /> for each of the four issues to ensure progress and the successful execution of the contents of this <br /> Action Plan. As part of this process, OSMRE, Denver Field Branch (DFB, also referred to as <br /> OSMRE) will work with DOGM to accomplish each Criterion for Resolution and ensure the <br /> identified problems are successfully resolved in a timely manner in accordance with SMCRA, <br /> the Federal regulations, and the approved Utah program. <br /> 2 <br />