2020-03-30_REVISION - P2013002 - Laserfiche WebLink

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L/1LVV I NV II 5.V1 described in Paragraph 2 of this Lease and as approved by Lessor. d) No surface disturbance will be allowed within five hundred (500) feet of Grape Creek. e) Lessee is not permitted to construct new roads or access existing roads on the Leased Premises. f) All proposed plans for surface disturbance are subject to Lessor's review and approval. Lessee will submit plans involving surface disturbance to Lessor prior to submittal of applications to the applicable permitting agencies. g) No disposal of mining wastes, including tailings, may occur on the Leased Premises. h) Lessee will conduct biological surveys for rare plant species in any part of the Leased Premises where surface disturbance is contemplated. Best management practices that will protect any identified species will be approved by Lessor to avoid negative impacts associated with surface disturbance. i) Lessee will consult with Colorado Parks Ix Wildlife ("CPW") prior to any surface disturbance and incorporate CPW's recommendations into operation plans, including seasonal closures and restrictions to protect sensitive species during breeding, spawning, and nesting seasons. j) Lessee shall comply with CPW's timing restrictions limiting all activities on the Leased Premises under this Lease to occur between July 1 and October 30 of each year. k) Lessee shall conduct baseline studies of cultural, archeological, historic, and paleontological resources prior to commencing any exploration activities that may disturb the surface and develop mitigation plans to protect any identified resources. l) Only native seed mixes may be used to establish vegetation. Lessor approval of the seed mix is required prior to the start of reclamation activities. m) In addition to a weed control plan required under Paragraph 16 of this Lease, Lessee will prepare and implement a plan to treat and mitigate the spread of noxious weeds in lands disturbed by Lessee on the Leased Premises. 16. tAINING AND OPERATIONS PLAN -- Pursuant to Paragraph 8, a mining and operations plan ("Mining and Operations Plan") detailing the orderly development of the mineral resources must be submitted to Lessor and approved by Lessor prior to commencement of mining activities. Lessor shall notify Lessee within forty five (45) days of receipt of the Mining and Operations Plan if it finds, in its sole discretion, that the Mining and Operations Plan is inadequate. Supplements and modifications to the Mining and Operations Plan detailing the orderly development of the mineral resources shall be submitted to Lessor for review and approval prior to the execution of any changes or modifications to mining activities as outlined in the initial Mining and Operations Plan. Once approved by Lessor, compliance with the Mining and Operations Plan, and any subsequently approved supplements or modifications, shall be mandatory and Lessor shall review compliance annually and provide notice to Lessee on non- compliance issues and terminate this Lease if compliance is not forthcoming within one (1) year after written notice is delivered to Lessee unless conditions warrant a shorter time period and that period is included in the above referenced written notice to Lessee. If the non-compliance issue requires more than one year to remedy, Lessee shall request additional time in writing and diligently pursue compliance and demonstrate such to Lessor. The Mining and Operations Plan will include, but not be limited to the following: a) Shall provide for the orderly, logical development of the Leased Premises using only underground mining methods. b) Lessee shalt not be permitted to commingle the ore and concentrates from Minerals produced from the Leased Premises with ore and concentrates from minerals produced from other properties unless there is a signed written agreement between the Parties setting out the agreed Page 7 of 18