Mineral Development. No mining, drilling, excavation, or mineral development of any kind shall be permitted in, under, or upon the Property, including but not limited to the development of minerals or common varieties of mineral resources such as sand, gravel, stone, and clay, or the mining of organic materials such as peat, except as expressly permitted in this subsection 2.3. The proposed size and extent of the permitted uses under this subsection 2.3 shall be included in the Plan and shall be consistent with applicable laws, including Washington State Forest Practice Rules in WAC Title 222. Grantor may designate within the Property not more than borrow pit sites (individually, a “Borrow Pit” and collectively, the “Borrow Pits”) (with no single Borrow Pit exceeding acres and all Borrow Pits collectively not to exceed a total of acres of the Property at any given time) from which sand, gravel, and stone may be extracted for use as is reasonably necessary to construct and maintain trails, roads, landing areas, and parking areas located within the Property. No sand, gravel, or stone may be extracted from the Property for sale to others. In performing authorized extraction, Grantor shall:
Mineral Development. 12.1 The UNIVERSITY agrees that it shall not conduct nor shall it cause to be conducted any surface and/or subsurface drilling and/or excavation of the Leased Premises without the written consent of the GOVERNMENT, which shall not be unreasonably withheld.
Mineral Development. Extracting or removing any minerals by any surface mining method, within the meaning of Code Section 170(H)(5)(B)(i) and Regulations Section 1.170A-14(g)(4)(i).
Mineral Development. Owner reserves the right to develop the minerals, if any, owned by Owner on the Property so long as such development (including, without limitation, any drilling or mining) does not interfere with Grantee’s use of the Property (as provided in Section 9.2 above). Owner shall include as a term and condition to any conveyance on or after the Effective Date of any interest of Owner in the mineral estate in the Property, including any lease thereof (but the following shall be true and binding upon such parties and their successors and assigns whether or not such term and condition are expressly so included), that any owner of any mineral interest in the Property (a) shall use the surface of the Property in a manner that reasonably accommodates Grantee’s surface use as described herein and with due regard for the rights of Grantee with respect to the surface use, (b) shall make such use of the surface of the Property as shall avoid material impairment of Grantee’s actual or anticipated surface use as described herein, and (c) shall limit any drilling, mining or other activity for extraction of minerals from the Property to occur only on those areas of the surface of the Property that are not closer to any wind turbine or proposed wind turbine of Grantee than the greater of (i) twenty (20) times the height of any well, rig, building or other structure, or (ii) five hundred (500) feet; provided, however, that Owner may install temporary, latticed drilling equipment on the Property so long as such drilling equipment is no closer than 500 feet or 300 feet plus the radius of the wind turbine rotor (whichever is greater) to the location or proposed location of any wind turbine, and the height of any such drilling equipment does not exceed 200 feet. If requested by Owner from time to time, Grantee will in good faith negotiate and execute a commercially reasonable surface use agreement and/or crossing agreement with any mineral lessee or pipeline company with whom Owner has entered or contemplates entering an agreement.
Mineral Development. Owner reserves the right to develop the minerals, if any, owned by Owner or third parties on the Property so long as such development (including, without limitation, any drilling or mining) does not interfere with Xxxxxxx’s use of the Property (as provided in Section 8.2 above) and does not materially diminish the amount of land surface of the Property available for the Grantee Activities. (Comment: Owner’s ability to develop Owner’s land for minerals is severely restricted by this provision. Grantee may restrict the amount of Owner’s land and the location of Owner’s land that is available for mineral developments. In some cases, no mineral development may be possible unless located off-site.)
Mineral Development. [Option- Except as provided below, no] No mining, drilling, excavation or mineral development of any kind shall be permitted in, under or upon the Property, including but not limited to the development of minerals or common varieties of mineral resources such as sand, gravel, stone and clay, or the mining of organic materials such as peat. The Grantor may designate not more than areas [not to exceed a total of _ acres] of un-reclaimed land at any given time from which sand, gravel and stone may be extracted for use as is reasonably necessary for the construction and maintenance of those trails, roads and parking areas which are located within the Property [Option- or contiguous property now or hereafter owned or managed by the Grantor.]
