Common use of MINING AND RECLAMATION OPERATIONS Clause in Contracts

MINING AND RECLAMATION OPERATIONS. 1. Mining and Reclamation Plan a. No mining shall take place on leased premises without a mining and reclamation plan developed by Lessee and approved by Lessor. b. If the surface rights are not owned by the Department, the Department shall notify the surface owner and provide an opportunity 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. 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 water quality, air quality, wildlife or fishery resources of the state, or public safety; (2) waste piles are located, designed and utilized to minimize the threat to public safety, 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; and (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 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. (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 and waste reject piles, settling, tailings treatment basins. (f) Existing a proposed buildings, utility corridors, railroads, 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 waster reject 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. (4) Evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained. f. The Lessor shall approve or reject the plan within one hundred twenty (120) days of receipt of a complete mining plan from the Lessee. If the Lessor rejects the plan, Lessor shall identify those elements of the plan involving activities on the leased premises which are likely to pollute, impair or destroy the air, water or other natural resources or the public trust therein. The Lessor shall also identify those alternatives or mitigating measures (if any) which could make the plan acceptable. A meeting shall be held between the Lessee and the Lessor within sixty (60) days of the rejection of the plan in an attempt to resolve differences in the plan, should either party request it. Notice of such Lessor actions and any meetings shall be timely made to concerned parties. If Lessor denies the plan, Lessee may resubmit a plan(s) without prejudice. g. Any change proposed in an approved plan shall be prepared and submitted as a modified plan in accordance with Section J(1)(c) above. If these change(s) would result in 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 OPERATIONS. 1. Mining and Reclamation Plan a. No mining shall take place on leased premises without a mining Mining and reclamation plan Reclamation Plan developed by Lessee Xxxxxx and approved by Lessor. b. If the surface rights are not owned by the Department, the Department shall notify the surface owner and provide an opportunity 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 Mining and reclamation planReclamation Plan. The reclamation shall proceed concurrently with mine production in accordance with this plan to the extent practical and shall be completed following termination of mine operation. d. c. A mining Mining and reclamation plan Reclamation Plan for the leased premises shall be developed to insure to the maximum extent practicable that: (1) mining that waste areas and extraction operations do not have significant adverse impacts on water quality, air quality, wildlife or fishery resources of the state, or public safety; (2) waste piles lean ore are located, designed and utilized to minimize the threat to public safety, to minimize negative impacts on aesthetics, maximize aesthetic attractiveness and to allow prescribed promote reclamation; (3) ; mining is conducted in a manner which will prevent or mitigate hazardous conditions; and (4) areas are reclaimed in an acceptable manner given prior usesconditions resulting from but not limited to slumping, necessary disruption caused by mining operationsheaving, reclamation techniques, the public trust in the natural resourcesleaching, and applicable statutes subsidence; and ordinances. e. that post-mining conditions of the premises possess ecologic values consistent with the pre-mining conditions or as are approved by the Lessor. The mining Mining and reclamation plan Reclamation Plan shall include the following: (1) Accurate plan maps, with appropriate scale, aerial and ground photographs, and other supporting data showing: (a) Location of the proposed mining operation area. (b) Resources Lands 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. (c) Description of proposed development of the mining operation area open pit(s) and/or underground workings 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 and waste reject lean ore piles, settling, and tailings treatment basins. (f) Existing a and proposed buildings, utility corridors, railroads, roads roads, and auxiliary facilities to be used and/or constructed on leased lands. (g) Land contoursA chemical analysis of the groundwater at the mining operation area, both existing prior which includes metals, nonmetals, and organic content. (h) A qualitative and quantitative analysis of the potential for stockpiled tailings, lean ores, and producible ores to development xxxxx into groundwater or surface water, and proposed measures that will be taken to prevent degradation of groundwater and surface water during and after reclamationoperation of the mine. (i) Method and frequency of surveys used to determine the location of Lessor’s minerals and method used to allocate royalties to the Lessor from areas of commingled production. (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 reclamationuses. (b) Provisions for grading, establishing self-sustaining re-vegetation and stabilization that will minimize erosion and sedimentation and public health and safety problems of pits, pit banks, waste piles and waster reject lean ore piles, roads and tailings basins during and upon completion of the mining phase. (c) Provisions for buffer areas, landscaping and screening. (3d) A qualitative and quantitative analysis of the potential for remaining tailings and waste rock disposal or storage facilities to xxxxx into groundwater or surface water, and measures that will be taken to prevent degradation of groundwater and surface water. (e) Estimated timetables necessary for accomplishing the events contained in the mining Mining and reclamation planReclamation Plan. (43) Evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained. f. The Lessor shall approve or reject the plan within one hundred twenty (120) days of receipt of a complete mining plan Mining and Reclamation Plan from the Lessee. If the Lessor rejects the plan, Lessor shall identify those elements of the plan involving activities on the leased premises which are likely to pollute, impair or destroy the air, water or other natural resources or the public trust therein, and shall identify areas of the plan which are inaccurate or incomplete. The Lessor shall also identify those alternatives or mitigating measures (if any) which could make the plan acceptable. A meeting shall be held between the Lessee and the Lessor within sixty (60) days of the rejection of the plan in an attempt to resolve differences in the plan, should either party request it. Notice of such Lessor actions and any meetings shall be timely made to concerned parties. If Lessor Xxxxxx denies the plan, Lessee Xxxxxx may resubmit a plan(s) without prejudice. g. (4) Any change proposed in an the approved plan plan, which is likely to result in substantial disruption of the surface, shall be prepared submitted in writing to the Director of the Department of Natural Resources for approval. The Director may authorize named officers or individuals on the Department staff to receive, review, and submitted as a modified plan in accordance with Section J(1)(ceither approve or reject changes within thirty (30) abovedays after they have been notified of the request for change. If these change(s) would result in amendments of any permits or licenses issued by Federal, State or Local units of government, these amendments Notification shall be obtained prior made to submitting a modified plan and shall be attached the Lessee of such approval or rejection with representatives of both parties conferring promptly, if rejected, to this plan. Any such changes shall not be commenced until Lessor has reviewed and approved such modified resolve differences in the plan.

MINING AND RECLAMATION OPERATIONS. 1. Mining and Reclamation Plan a. No mining shall take place on leased premises without a mining Mining and reclamation plan Reclamation Plan developed by Lessee and approved by Lessor. b. If the surface rights are not owned by the Department, the Department shall notify the surface owner and provide an opportunity 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 Mining and reclamation planReclamation Plan. The reclamation shall proceed concurrently with mine production in accordance with this plan to the extent practical and shall be completed following termination of mine operation. d. c. A mining Mining and reclamation plan Reclamation Plan for the leased premises shall be developed to insure to the maximum extent practicable that: (1) mining that waste areas and extraction operations do not have significant adverse impacts on water quality, air quality, wildlife or fishery resources of the state, or public safety; (2) waste piles lean ore are located, designed and utilized to minimize the threat to public safety, to minimize negative impacts on aesthetics, maximize aesthetic attractiveness and to allow prescribed promote reclamation; (3) ; mining is conducted in a manner which will prevent or mitigate hazardous conditions; and (4) areas are reclaimed in an acceptable manner given prior usesconditions resulting from but not limited to slumping, necessary disruption caused by mining operationsheaving, reclamation techniques, the public trust in the natural resourcesleaching, and applicable statutes subsidence; and ordinances. e. that post-mining conditions of the premises possess ecologic values consistent with the pre-mining conditions or as are approved by the Lessor. The mining Mining and reclamation plan Reclamation Plan shall include the following: (1) Accurate plan maps, with appropriate scale, aerial and ground photographs, and other supporting data showing: (a) Location of the proposed mining operation area. (b) Resources Lands 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. (c) Description of proposed development of the mining operation area open pit(s) and/or underground workings 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 and waste reject lean ore piles, settling, and tailings treatment basins. (f) Existing a and proposed buildings, utility corridors, railroads, roads roads, and auxiliary facilities to be used and/or constructed on leased lands. (g) Land contoursA chemical analysis of the groundwater at the mining operation area, both existing prior which includes metals, nonmetals, and organic content. (h) A qualitative and quantitative analysis of the potential for stockpiled tailings, lean ores, and producible ores to development xxxxx into groundwater or surface water, and proposed measures that will be taken to prevent degradation of groundwater and surface water during and after reclamationoperation of the mine. (i) Method and frequency of surveys used to determine the location of Lessor’s minerals and method used to allocate royalties to the Lessor from areas of commingled production. (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 reclamationuses. (b) Provisions for grading, establishing self-sustaining re-vegetation and stabilization that will minimize erosion and sedimentation and public health and safety problems of pits, pit banks, waste piles and waster reject lean ore piles, roads and tailings basins during and upon completion of the mining phase. (c) Provisions for buffer areas, landscaping and screening. (3d) A qualitative and quantitative analysis of the potential for remaining tailings and waste rock disposal or storage facilities to xxxxx into groundwater or surface water, and measures that will be taken to prevent degradation of groundwater and surface water. (e) Estimated timetables necessary for accomplishing the events contained in the mining Mining and reclamation planReclamation Plan. (43) Evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained. f. The Lessor shall approve or reject the plan within one hundred twenty (120) days of receipt of a complete mining plan Mining and Reclamation Plan from the Lessee. If the Lessor rejects the plan, Lessor shall identify those elements of the plan involving activities on the leased premises which are likely to pollute, impair or destroy the air, water or other natural resources or the public trust therein, and shall identify areas of the plan which are inaccurate or incomplete. The Lessor shall also identify those alternatives or mitigating measures (if any) which could make the plan acceptable. A meeting shall be held between the Lessee and the Lessor within sixty (60) days of the rejection of the plan in an attempt to resolve differences in the plan, should either party request it. Notice of such Lessor actions and any meetings shall be timely made to concerned parties. If Lessor denies the plan, Lessee may resubmit a plan(s) without prejudice. g. (4) Any change proposed in an the approved plan plan, which is likely to result in substantial disruption of the surface, shall be prepared submitted in writing to the Director of the Department of Natural Resources for approval. The Director may authorize named officers or individuals on the Department staff to receive, review, and submitted as a modified plan in accordance with Section J(1)(ceither approve or reject changes within thirty (30) abovedays after they have been notified of the request for change. If these change(s) would result in amendments of any permits or licenses issued by Federal, State or Local units of government, these amendments Notification shall be obtained prior made to submitting a modified plan and shall be attached the Lessee of such approval or rejection with representatives of both parties conferring promptly, if rejected, to this plan. Any such changes shall not be commenced until Lessor has reviewed and approved such modified resolve differences in the plan.

MINING AND RECLAMATION OPERATIONS. 1. Mining and Reclamation Plan a. 1. No mining shall take place on leased premises without a mining and reclamation plan developed by Lessee and approved by Lessor. b. 2. If the surface rights are not owned by the Department, the Department shall notify the surface owner and provide an opportunity to review and comment on the plan prior to its approval. c. 3. 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. d. 4. A mining and reclamation plan for the leased premises shall be developed to insure ensure to the maximum extent practicable that: (1) a. mining and extraction operations do not have significant adverse impacts on water quality, air quality, wildlife or fishery resources of the state, or public safety; (2) b. waste piles are located, designed and utilized to minimize the threat to public safety, to minimize negative impacts on aesthetics, and to allow prescribed reclamation; (3) c. mining is conducted in a manner which will prevent or mitigate hazardous conditions; and (4) d. 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 and ordinances. e. 5. The mining and reclamation plan shall include the following: (1) a. Accurate plan maps, with appropriate scale, and other supporting data showing: (a) 1. Location of the proposed mining operation area. (b) 2. 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. (c) 3. Description of proposed development of the mining operation area including materials handling and overburden stripping plans on the leased premises. (d) 4. Product and raw materials storage areas and loading facilities. (e) 5. Proposed and alternative locations where feasible, and designs of waste and waste reject piles, settling, tailings treatment basins. (f) 6. Existing a proposed buildings, utility corridors, railroads, roads and auxiliary facilities to be used and/or constructed on leased lands. (g) 7. Land contours, both existing prior to development and proposed after reclamation. (2) b. A description of proposed reclamation of the mining operation area on the leased premises including: (a) 1. 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) 2. 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 waster reject piles, roads and tailings basins during and upon completion of the mining phase. (c) 3. Provisions for buffer areas, landscaping and screening. (3) 4. Estimated timetables necessary for accomplishing the events contained in the mining and reclamation plan. (4) 5. Evidence that all necessary permits and licenses required by Federalfederal, State state and Local local units of government have been obtained. f. 6. The Lessor shall will approve or reject the plan within one hundred twenty (120) days of receipt of a complete mining plan from the Lessee. If the Lessor rejects the plan, Lessor shall will identify those elements of the plan involving activities on the leased premises which are likely to pollute, impair or destroy the air, water or other natural resources or the public trust therein, or are otherwise unacceptable. The Lessor shall will also identify those alternatives or mitigating measures (if any) which could make the plan acceptable. A meeting shall be held between the Lessee and the Lessor within sixty (60) days of the rejection of the plan in an attempt to resolve differences in the plan, should either party request it. Notice of such Lessor actions and any meetings shall be timely made to concerned parties. If Lessor denies the plan, Lessee may resubmit a plan(s) without prejudice. g. 7. Any change proposed in an approved plan shall be prepared and submitted as a modified plan in accordance with Section J(1)(c) aboveH(3)above. If these change(s) would result in amendments of any permits or licenses issued by Federalfederal, State state or Local 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 OPERATIONS. 1. Mining and Reclamation Plan a. 1. No mining shall take place on leased premises without a mining and reclamation plan developed by Lessee and approved by Lessor. b. 2. If the surface rights are not owned by the Department, the Department shall notify the surface owner and provide an opportunity to review and comment on the plan prior to its approval. c. 3. 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. d. 4. A mining and reclamation plan for the leased premises shall be developed to insure ensure to the maximum extent practicable that: (1a) mining and extraction operations do not have significant adverse impacts on water quality, air quality, wildlife or fishery resources of the state, or public safety; (2b) waste piles are located, designed and utilized to minimize the threat to public safety, to minimize negative impacts on aesthetics, and to allow prescribed reclamation; (3c) mining is conducted in a manner which will prevent or mitigate hazardous conditions; and (4d) 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 and ordinances. e. 5. The mining and reclamation plan shall include the following: (1a) Accurate plan maps, with appropriate scale, and other supporting data showing: (ai) Location of the proposed mining operation area. (bii) 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. (ciii) Description of proposed development of the mining operation area including materials handling and overburden stripping plans on the leased premises. (div) Product and raw materials storage areas and loading facilities. (ev) Proposed and alternative locations where feasible, and designs of waste and waste reject piles, settling, tailings treatment basins. (fvi) Existing a proposed buildings, utility corridors, railroads, roads and auxiliary facilities to be used and/or constructed on leased lands. (gvii) Land contours, both existing prior to development and proposed after reclamation. (2b) A description of proposed reclamation of the mining operation area on the leased premises including: (ai) 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. (bii) 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 waster reject piles, roads and tailings basins during and upon completion of the mining phase. (ciii) Provisions for buffer areas, landscaping and screening. (3iv) Estimated timetables necessary for accomplishing the events contained in the mining and reclamation plan. (4v) Evidence that all necessary permits and licenses required by Federalfederal, State state and Local local units of government have been obtained. f. 6. The Lessor shall will approve or reject the plan within one hundred twenty (120) days of receipt of a complete mining plan from the Lessee. If the Lessor rejects the plan, Lessor shall will identify those elements of the plan involving activities on the leased premises which are likely to pollute, impair or destroy the air, water or other natural resources or the public trust therein, or are otherwise unacceptable. The Lessor shall will also identify those alternatives or mitigating measures (if any) which could make the plan acceptable. A meeting shall be held between the Lessee and the Lessor within sixty (60) days of the rejection of the plan in an attempt to resolve differences in the plan, should either party request it. Notice of such Lessor actions and any meetings shall be timely made to concerned parties. If Lessor denies the plan, Lessee may resubmit a plan(s) without prejudice. g. 7. Any change proposed in an approved plan shall be prepared and submitted as a modified plan in accordance with Section J(1)(c) aboveH(3)above. If these change(s) would result in amendments of any permits or licenses issued by Federalfederal, State state or Local 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.