Common use of MINING AND RECLAMATION OPERATION Clause in Contracts

MINING AND RECLAMATION OPERATION. 1. Lessee Reclamation Obligation a. Lessee is obligated to comply with all steps of the approved mining and reclamation plan prior to complete termination of the lease and return of the bond. b. Reclamation efforts and requirements are triggered by termination of the lease due to time limitation of the lease, voluntary termination, or through default of the lease agreement by Lessee. x. Xxxxxx will use all legal avenues to obtain the required reclamation efforts, including revocation of the performance bond and legal actions. 2. Mining and Reclamation Plan a. No mining shall take place on leased premises without a Lessor-approved mining and reclamation plan developed by Lessee based upon requirements of Lessor. b. If the surface rights are not owned by the Lessor, the Lessor shall notify the surface owner and provide an opportunity of 20 work days to review and comment on the plan prior to its approval. c. Lessee shall reclaim the surface of the leased premises in accord with the approved mining and reclamation plan. The reclamation shall proceed concurrently with mine production in accordance with this plan and shall be completed following termination of mine operation and prior to the termination of the lease. d. A mining and reclamation plan for the leased premises shall be developed to insure to the maximum extent practicable that: (1) Mining and extraction operations do not have significant adverse impacts on air, plant, wildlife, fishery, surface and groundwater resources, and wetlands of the State, or on public safety. (2) Waste and unused material piles are located, designed and utilized to minimize the threat to public safety, to minimize impact to resources, to minimize negative impacts on aesthetics, and to allow prescribed reclamation. (3) Mining is conducted in a manner which will prevent or mitigate hazardous conditions. (4) Areas are reclaimed in an acceptable manner given prior uses, necessary disruption caused by mining operations, reclamation techniques, the public trust in the natural resources, and applicable statutes, laws, rules and ordinances. e. The mining and reclamation plan shall include the following: (1) Accurate plan maps, with appropriate scale, and other supporting data showing: (a) Location of the proposed mining operation area. (b) Resources proposed to be affected throughout the mining phase, including existing groundwater, streams, lakes, wetlands, flooding, and impoundments, threatened and endangered species, and significant plant and animal communities. Proposed protection and mitigation measures should be included where applicable. (c) Description of proposed development of the mining operation area including materials handling and overburden stripping plans on the leased premises. (d) Product and raw materials storage areas and loading facilities. (e) Proposed and alternative locations, where feasible, and designs of waste, waste material and unused material piles, settling basins, tailings treatment basins, and topsoil and subsoil storage. (f) Existing and proposed buildings, utility corridors, roads and auxiliary facilities to be used and/or constructed on leased lands. (g) Land contours, both existing prior to development and proposed after reclamation. (2) A description of proposed reclamation of the mining operation area on the leased premises including: (a) A description of the capacity of the land to support its anticipated use or uses following reclamation, including a discussion of the capacity of the reclaimed land to support alternative uses after reclamation. (b) Provisions for grading, establishing self-sustaining vegetation and stabilization that will minimize erosion and sedimentation and public health and safety problems of pits, banks, waste piles and waste material piles, roads and tailings basins during and upon completion of the mining phase. (c) Provisions for buffer areas, landscaping and screening. (3) Estimated timetables necessary for accomplishing the events contained in the mining and reclamation plan shall be developed by Xxxxxx and approved by Lessor. (4) Evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained, as provided by the Lessee. f. The Lessor and Xxxxxx shall meet and discuss the plan prior to commencement of any operations under the lease. Prior to beginning mining operations each year, an application to commence or continue mining shall be submitted to Lessor. The application shall be accompanied by updates to the plan and a fee to cover Xxxxxx’s costs of review or monitoring as provided by law. Any mining changes to the annual updated mining and reclamation plan shall be approved by Lessor prior to start of mining each year. g. Proposed and alternative locations/methods of disposal for tree tops, branches, roots, stumps and other vegetational debris generated during clearing activity shall be part of the plan. h. Any changes proposed by Xxxxxx in an approved plan shall be prepared and submitted as an application for a modified plan to Lessor. If these changes would result in the need for amendments of any permits or licenses issued by Federal, State or Local units of government, these amendments shall be obtained prior to submitting a modified plan and shall be attached to this plan. Any such changes shall not be commenced until Lessor has reviewed and approved such modified plan.

MINING AND RECLAMATION OPERATION. 1. Lessee Reclamation Obligation a. Lessee is obligated to comply with all steps of the approved mining and reclamation plan prior to complete termination of the lease and return of the bond. b. Reclamation efforts and requirements are triggered by termination of the lease due to time limitation of the lease, voluntary termination, or through default of the lease agreement by Lessee. x. Xxxxxx will use all legal avenues to obtain the required reclamation efforts, including revocation of the performance bond and legal actions. 2. Mining and Reclamation Plan a. No mining shall take place on leased premises without a Lessor-Lessor approved mining and reclamation plan developed by Lessee based upon requirements of Lessor. b. If the surface rights are not owned by the Lessor, the Lessor shall notify the surface owner and provide an opportunity of 20 work days to review and comment on the plan prior to its approval. c. Lessee shall reclaim the surface of the leased premises in accord with the approved mining and reclamation plan. The reclamation shall proceed concurrently with mine production in accordance with this plan and shall be completed following termination of mine operation and prior to the termination of the lease. d. A mining and reclamation plan for the leased premises shall be developed to insure to the maximum extent practicable that: (1) . Mining and extraction operations do not have significant adverse impacts on air, plant, wildlife, fishery, surface and groundwater resources, and wetlands of the State, or on public safety. (2) . Waste and unused material piles are located, designed and utilized to minimize the threat to public safety, to minimize impact to resources, to minimize negative impacts on aesthetics, and to allow prescribed reclamation. (3) . Mining is conducted in a manner which will prevent or mitigate hazardous conditions. (4) . Areas are reclaimed in an acceptable manner given prior uses, necessary disruption caused by mining operations, reclamation techniques, the public trust in the natural resources, and applicable statutes, laws, rules and ordinances. e. The mining and reclamation plan shall include the following: (1) . Accurate plan maps, with appropriate scale, and other supporting data showing: (a) a. Location of the proposed mining operation area. (b) b. Resources proposed to be affected throughout the mining phase, including existing groundwater, streams, lakes, wetlands, flooding, floodings and impoundments, threatened and endangered species, and significant plant and animal communities. Proposed protection and mitigation measures should be included where applicable. (c) c. Description of proposed development of the mining operation area including materials handling and overburden stripping plans on the leased premises. (d) d. Product and raw materials storage areas and loading facilities. (e) e. Proposed and alternative locations, where feasible, and designs of waste, waste material and unused material piles, settling basins, tailings treatment basins, and topsoil and subsoil storage. (f) f. Existing and proposed buildings, utility corridors, roads and auxiliary facilities to be used and/or constructed on leased lands. (g) g. Land contours, both existing prior to development and proposed after reclamation. (2) . A description of proposed reclamation of the mining operation area on the leased premises including: (a) a. A description of the capacity of the land to support its anticipated use or uses following reclamation, including a discussion of the capacity of the reclaimed land to support alternative uses after reclamation. (b) b. Provisions for grading, establishing self-sustaining vegetation and stabilization that will minimize erosion and sedimentation and public health and safety problems of pits, banks, waste piles and waste material piles, roads and tailings basins during and upon completion of the mining phase. (c) c. Provisions for buffer areas, landscaping and screening. (3) . Estimated timetables necessary for accomplishing the events contained in the mining and reclamation plan shall be developed by Xxxxxx Lessee and approved by Lessor. (4) . Evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained, as provided by the Lessee. f. The Lessor and Xxxxxx Lessee shall meet and discuss the plan prior to commencement of any operations under the lease. Prior to beginning mining operations each year, an application to commence or continue mining shall be submitted to Lessor. The application shall be accompanied by updates to the plan and a fee to cover XxxxxxLessor’s costs of review or monitoring as provided by law. Any mining changes to the annual updated mining and reclamation plan shall be approved by Lessor prior to start of mining each year. g. Proposed and alternative locations/methods of disposal for tree tops, branches, roots, stumps and other vegetational debris generated during clearing activity shall be part of the plan. h. Any changes proposed by Xxxxxx Lessee in an approved plan shall be prepared and submitted as an application for a modified plan to Lessor. If these changes would result in the need for amendments of any permits or licenses issued by Federal, State or Local units of government, these amendments shall be obtained prior to submitting a modified plan and shall be attached to this plan. Any such changes shall not be commenced until Lessor has reviewed and approved such modified plan.

MINING AND RECLAMATION OPERATION. 1. Lessee Reclamation Obligation a. Lessee is obligated to comply with all steps of the approved mining and reclamation plan prior to complete termination of the lease and return of the bond. b. Reclamation efforts and requirements are triggered by termination of the lease due to time limitation of the lease, voluntary termination, or through default of the lease agreement by Lessee. x. Xxxxxx will use all legal avenues to obtain the required reclamation efforts, including revocation of the performance bond and legal actions. 2. Mining and Reclamation Plan a. No mining shall take place on leased premises without a Lessor-Lessor approved mining and reclamation plan developed by Lessee based upon requirements of Lessor. Special DNR Parks and Recreation requirements shall be observed. b. If the surface rights are not owned by the Lessor, the Lessor shall notify the surface owner and provide an opportunity of 20 work days to review and comment on the plan prior to its approval. c. Lessee shall reclaim the surface of the leased premises in accord with the approved mining and reclamation plan. The reclamation shall proceed concurrently with mine production in accordance with this plan and shall be completed following termination of mine operation and prior to the termination of the lease. d. A mining and reclamation plan for the leased premises shall be developed to insure to the maximum extent practicable that: (1) Mining and extraction operations do not have significant adverse impacts on air, plant, wildlife, fishery, surface and groundwater resources, and wetlands of the State, or on public safety. (2) Waste and unused material piles are located, designed and utilized to minimize the threat to public safety, to minimize impact to resources, to minimize negative impacts on aesthetics, and to allow prescribed reclamation. (3) Mining is conducted in a manner which will prevent or mitigate hazardous conditions. (4) Areas are reclaimed in an acceptable manner given prior uses, necessary disruption caused by mining operations, reclamation techniques, the public trust in the natural resources, and applicable statutes, laws, rules and ordinances. e. The mining and reclamation plan shall include the following: (1) Accurate plan maps, with appropriate scale, and other supporting data showing: (a) Location of the proposed mining operation area. (b) Resources proposed to be affected throughout the mining phase, including existing groundwater, streams, lakes, wetlands, flooding, floodings and impoundments, threatened and endangered species, and significant plant and animal communities. Proposed protection and mitigation measures should be included where applicable. (c) Description of proposed development of the mining operation area including materials handling and overburden stripping plans on the leased premises. (d) Product and raw materials storage areas and loading facilities. (e) Proposed and alternative locations, where feasible, and designs of waste, waste material and unused material piles, settling basins, tailings treatment basins, and topsoil and subsoil storage. (f) Existing and proposed buildings, utility corridors, roads and auxiliary facilities to be used and/or constructed on leased lands. (g) Land contours, both existing prior to development and proposed after reclamation. (2) A description of proposed reclamation of the mining operation area on the leased premises including: (a) A description of the capacity of the land to support its anticipated use or uses following reclamation, including a discussion of the capacity of the reclaimed land to support alternative uses after reclamation. (b) Provisions for grading, establishing self-sustaining vegetation and stabilization that will minimize erosion and sedimentation and public health and safety problems of pits, banks, waste piles and waste material piles, roads and tailings basins during and upon completion of the mining phase. (c) Provisions for buffer areas, landscaping and screening. (3) Estimated timetables necessary for accomplishing the events contained in the mining and reclamation plan shall be developed by Xxxxxx and approved by Lessor. (4) Evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained, as provided by the Lessee. f. The Lessor and Xxxxxx shall meet and discuss the plan prior to commencement of any operations under the lease. Prior to beginning mining operations each year, an application to commence or continue mining shall be submitted to Lessor. The application shall be accompanied by updates to the plan and a fee to cover Xxxxxx’s costs of review or monitoring as provided by law. Any mining changes to the annual updated mining and reclamation plan shall be approved by Lessor prior to start of mining each year. g. Proposed and alternative locations/methods of disposal for tree tops, branches, roots, stumps and other vegetational debris generated during clearing activity shall be part of the plan. h. Any changes proposed by Xxxxxx in an approved plan shall be prepared and submitted as an application for a modified plan to Lessor. If these changes would result in the need for amendments of any permits or licenses issued by Federal, State or Local units of government, these amendments shall be obtained prior to submitting a modified plan and shall be attached to this plan. Any such changes shall not be commenced until Lessor has reviewed and approved such modified plan.