Preliminary Approval for Placer Mine Reclamation

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Alaska State Office
222 West Seventh Avenue, #13
Anchorage, Alaska 99513-7504
http://www.blm.gov/alaska

In Reply Refer To: 3809 (930) P

Instruction Memorandum No. 2017-002

Expires: 9/30/2018

To: District Managers and Field Managers

From: State Director

Subject: Preliminary Approval for Placer Mine Reclamation

Program Area: Mining Law Administration (L 1990)

Purpose: This IM establishes a Preliminary Approval (PA) category for placer mined areas and instructs Authorized Officers in its application and use. It is intended primarily for existing operations in areas withdrawn from mineral entry.

The PA process acknowledges completion of reclamation activities, not final reclamation, described in the authorized reclamation plan. The PA will assist those placer operators who are approaching the maximum disturbance acreage authorized for their operation, enabling them to continue mining while meeting final reclamation objectives for mined areas in PA status.

Policy/Action: The BLM-Alaska establishes the PA acreage as a category of bonded disturbance that will not contribute to BLM's calculation of total un-reclaimed disturbance, as limited by the mining authorization. The Authorized Officer must be highly confident the PA acreage will attain final revegetation in a timely manner, per the BLM performance standard at 43 CFR 3809.420(b)(3)(ii)(D). An operator must continue to provide adequate bonding for acreage accepted for PA status until final reclamation has been achieved.

Authorizations Eligible for PA Status

A PA may be used for sites authorized under a BLM-approved Plan of Operations (Plan). In addition, a PA may be applied to Notice-Level operators who submitted their applications prior to January 21, 2001 ('Grandfathered Notices'). Notices received by the BLM after January 20, 2001, are not eligible for consideration under the PA, as these authorizations cover exploratory activities only (not commercial mining production).

Applicability

The PA process cannot be applied to areas subject to IM-AK-2015-004, "Placer Mining Baseline Environmental Information Guidance and Reclamation Effectiveness Monitoring for Alaska Placer Mined Streams." The PA process applies only to upland areas situated outside the active riparian zone.

To be considered for PA status, those reclamation activities that promote site stability and lay the foundation for revegetation must be completed. These activities include site grading/contouring, placement of slope stabilization media, spreading of topsoil, placement of erosion controls, placement of stable growth medium, and others.

Acreage in PA Status

Any acreage in PA status must be bonded until approval of final reclamation. The number of acres in PA status is limited to the number of acres authorized to be disturbed (un-reclaimed) in an approved Plan or for Notice Level operations. For example, if an operator is authorized for five acres of active disturbance, up to five additional acres can be considered for PA. In this example, an operator would be required to obtain an adequate financial guarantee for ten acres: five acres of disturbance and five acres in PA status.

The use of a PA and the actual amount of acreage in PA status (up to the maximum allowed) is discretionary and to be considered on a case-by-case basis. The PA should be used only in areas withdrawn from mineral entry or in other unusual circumstances. Land in PA status cannot be transferred to another operator without prior written approval from the Authorized Officer.

Modification to the Plan or Notice

Before issuing the PA, the reclamation portion of the Plan or Notice must be modified by the operator and approved by the Authorized Officer. A material improvement to the reclamation plan that does not require additional NEPA analysis is considered a minor modification. Unless the Authorized Officer determines that additional analysis is required to satisfy NEPA, this modification will not trigger BLM's mineral examination requirements under 43 CFR 3909.100.

The modified reclamation plan must state that the actual permitted un-reclaimed acreage is not increased. The plan must also establish measurable criteria to meet the performance standards that the Authorized Officer will use to terminate the bonding requirement for PA  acres.

Decision

An Authorized Officer who chooses lo accept lands for PA status must inform the operator in writing. This notification must detail the mapped areas that are to be accepted for PA, the total PA acres, the total acres required to be bonded, and any other applicable requirements for continued PA status.

Timeframe: This guidance is effective immediately.

Budget Impact: There are no anticipated budget implications associated with implementation of this directive.

Signed by:

Bud Cribley
State Director

Authorized by:

Sandra Christine
Administrative Assistant

Stamped: November 17, 2016