2015-08-26_ENFORCEMENT - 0

issues. Prior to granting a full or partial reclamation liability bond release request, the
releasing agency shall notify the other agency in writing at least 30 days prior to
agency action regarding bond release. Prior to conducting any inspection related to a
reclamation liability bond reduction, the lead agency of said inspection will notify the
other to allow for a joint agency inspection. However, if circumstances so dictate,
each agency may conduct separate site inspections and will timely provide a copy of
the inspection report to the other. A release of all or a portion of a reclamation bond
by DOE does not prohibit DRMS from requiring an operator to post a bond with
DRMS.
iii) DOE shall provide annually a report to DRMS of all bonding amounts held for
permitted sites. In addition, DOE shall provide initial copies of all financial warranty
documentation to DRMS for retention in the state files. Thereafter, DOE shall
provide documentation to DRMS whenever changes occur to the bonding within 30
days of said change.
iv) Upon bond forfeiture, DRMS will coordinate with DOE, and to the extent practicable
with proceeds received under the bond, to cause the reclamation work to be
performed in accordance with the reclamation standards set out in the approved
permit/plan. DOE may reassign the lease in lieu of reclamation. However, DOE
shall ensure the new lessee gains approval of a Succession of Operator to the DRMS
permit prior to any new or continued mining operations on the site.
VIII. Inspection
A. The Agencies shall maintain points of contact (POC) for dealings with the Lessee
concerning the Lessee's operations and compliance with existing NOIs and Permits/POs.
These POCs shall be communicated to the other Agency.
B. The Agencies shall conduct inspections of the operations as necessary to fulfill each
Agency's regulatory oversight obligations. Joint inspections are recommended
(especially for pre-operation on -sites). Final inspections of operations shall be
coordinated with the other Agency and, where practicable, shall be jointly performed.
Inspection reports applicable to the other Agency's interests shall be routinely
exchanged to facilitate review and compliance of the operations.
C. The Agencies shall promptly notify each other of noncompliance issues associated with
any operations, including potential violations of applicable laws, regulations, orders,
approved permits, plans, licenses, or notices subject to this MOU. The appropriate Agency
shall take actions necessary to address such noncompliance and shall advise the other
Agency of actions taken.
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