Common use of Existing Operations Clause in Contracts

Existing Operations. Before the Effective Date of this Agreement, ▇▇▇▇▇▇▇▇▇’▇ has conducted mining operations at the Quarry consistent with its asserted “vested rights” granted by continuous mineral extraction use and the approvals for a 1965 Conditional Use Permit (112 acres) and Unclassified Use Permit 1994-01 (57 acres), which have no expiration dates. 17 acres of the western portion of the site (West Pit) were mined outside of the existing permitted areas and are not included in the scope of any asserted vested rights. ▇▇▇▇▇▇▇▇▇’▇ operates a processing plant, which is located within the South Pit and lies on approximately 10 acres. Currently the Quarry has two separate reclamation plans that cover operations on lots 107, 108, 109, 110, 113, 114, 115, 116, 119, 120, 121/122 (CUP 1965); and lots 126, 127, 128, 132, 133, and 134 (UUP 1994-01).