, · u:s. DEPARTMENT OF THE INTERIOR SubiectNurnbet: 

~· OFFICE OF SURFACE MINING ~:::m~N=""' "' ~ RECLAMATION AND ENFORCEMENT 1-::44:--1------; 

~~ DIRECTIVES SYSTEM Date: 4127188 

Subject: Construction Certification of Siltation Structures 

Approval: -=>- J Title: 

-.... 

OSM/103 

1-. Puroose. This directive provides guidance to the Office of 

Surface Mining Reclamation and Enforcement (OSMRE) employees who 

review or approve construction certifications of siltation 

structures or who inspect siltation structures. 

2. Definitions. None. 

3. Policy/Procedu~es. 

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a. Background. Section 816.46(b) (3) .and 816.49(a) (10) (ii) 

of the.permanent program regulations require that siltation 

structures-be certified by a qualified registered professional 

engineer or a qualified registered professional land surveyor, . (if authorized by the applicable regulatory program) as being 

constructed as designed and in accordance with the approved 

reclamation plan. Certified inspection reports are required to 

be submitted to the regulatory authority upon completion of 

construction. This directive identifies procedures for 

processing construction certifications when they indicate that a 

structure has been constructed differently from the approved 

design. Typically, construction certifications· are submitted to 

the regulatory authority in one of three forms: 

(1) The inspection report contains the certification 

that the structure,has been built according to the approved design without modification. · 

(2) The inspection report certifies that the structure 

has been constructed in accordance with the approved design 

except as noted in the report. • 

(3) The inspection report contains the certification 

that the structure has been changed from the approved design and 

now includes the design changes and "as-built" dra~ings. 

The action to be taken by the reviewer of the report is dictated 

by whichever certification is provided to the regulatory authority. 

b. Policy. A construction certification must (1) 

accurately reflect the constructed pond and (2) match or become 

the approved design contained in the approved permit. 

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c. Procedures. 

(1) Inspection certification approval. The contents 

of the inspection report dictate the regulatory authority (OSMRE) 

response and level of review. 

(a) An inspection report that certifies the 

constructed pond has been built in accordance with the approved 

design requires no action unless it is apparent that it is 

inaccurate. 

(b) An inspection report that certifies that it 

accurately describes the constructed structure, identifies any 

deviation from the approved design, and is accompanied by a 

request for approval of those deviations constitutes an 

acceptable application for a permit revision in accordance with 

current requirements and procedures. An inspection report that 

notes minor changes that do not affect the safety, stability, 

operation and reliability of the structure from the approved 

design is acceptable, if it is readily apparent that the 

parameters upon which the initial approval was based have not 

changed. Otherwise, the report must be accompanied by supporting 

calculations, designs, demonstrations required by the regulations 

and "as-built" drawings to establish that the constructed pond 

meets applicable performance standards. 

(c) Upon acceptance of a certified inspection 

report as described in (b) above, the original designs should be 

marked to.show the changes, removed or noted as superseded in the 

permit file. 

(2) State Program Oversight. 

(a) If the State regulatory authority has 

accepted a construction inspection certification and incorporated 

it into the permit file, the operator is in conformance with the 

permit and no further action is required. 

(b) If the State regulatory authority has 

accepted a certification without adequate supporting 

documentation to demonstrate that the performance standards have 

been met, the issue is with the State approval process and must 

be noted in the oversight report (unless the condition of the 

structure justifies an IHCO). 

(c) If the inspection certification- (1) does not 

exist, (2) does not match the constructed pond, or (3) the 

revised design has not been accepted by the regulatory authority 

as a revision, then a violation would appear to exist and a 10-

day notice should be written (unless the condition of the 

structure justifies an IHCO). 

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4. Reporting Requirements. None. 

5 . References. 

a. Public Law 95-87, Section 515(b) (10)(B) (ii). 

b. 30 CFR 774.13, 816.46(b) (3) and (c) (iii) (C), and 

816.49 (a) (10). 

6. Effect on Other Documents. None. 

7. Effective Date. Upon issuance. 

8. Contact. Division of Technical services (202) 343-1480 . 

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