Common use of Temporary Closure Clause in Contracts

Temporary Closure. a. Lessee shall notify the Division in writing at least thirty (30) days prior to any planned Temporary Closure of ninety (90) days or longer. Lessee shall notify the Division of any unanticipated Temporary Closure expected to last ninety (90) days or more within ten (10) days of the first day of the Temporary Closure. The notice shall state the nature and reason for the Temporary Closure, the anticipated duration of the Temporary Closure, what actions will be taken to comply with Subsection 15(b), and any event which would reasonably be anticipated to result in the resumption or abandonment of Millsite Operations. Millsite Operations must resume for not less than ninety (90) consecutive days in order to terminate the running of the Temporary Closure. If a Temporary Closure extends beyond three (3) years, the Division may deem Millsite Operations to be permanently abandoned or ceased, and whereupon final Reclamation must commence unless otherwise agreed by the parties. b. Lessee shall ensure that the Millsite Area and Facilities are maintained in a safe condition during a Temporary Closure and Lessee shall not allow the Millsite Area or Facilities to be degraded / eroded or Facilities to fall in a state of disrepair during or as a result of the Temporary Closure. Action shall be taken to prevent or mitigate any impacts to ground water quality as a result of metals leaching or acid rock drainage. All collection, treatment and monitoring activities required under Millsite Operations shall continue to be performed under any temporary closure.

Appears in 3 contracts

Sources: Millsite Lease, Millsite Lease Agreement, Millsite Lease

Temporary Closure. a. Lessee shall notify the Division in writing at least thirty (30) days prior to any planned Temporary Closure of ninety (90) days or longer. Lessee shall notify the Division of any unanticipated Temporary Closure expected to last ninety (90) days or more within ten (10) days of the first day of the Temporary Closure. The notice shall state the nature and reason for the Temporary Closure, the anticipated duration of the Temporary Closure, what actions will be taken to comply with Subsection 15(b), and any event which would reasonably be anticipated to result in the resumption or abandonment of Millsite Operations. Millsite Operations must resume for not less than ninety (90) consecutive days in order to terminate the running of the Temporary Closure. If a Temporary Closure extends beyond three (3) years, the Division may deem Millsite Operations to be permanently abandoned or ceased, and whereupon final Reclamation must commence unless otherwise agreed by the parties. b. Lessee shall ensure that the Millsite Area and Facilities are maintained in a safe condition during a Temporary Closure and Lessee shall not allow the Millsite Area or Facilities to be degraded / degraded/eroded or Facilities to fall in into a state of disrepair during or as a result of the Temporary Closure. Action shall be taken to prevent or mitigate any impacts to ground water quality as a result of metals leaching or acid rock drainage. All collection, treatment and monitoring activities required under Millsite Operations shall continue to be performed under any temporary closureTemporary Closure.

Appears in 1 contract

Sources: Millsite Lease Agreement