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/ o' J <br />2 <br />Y' ~ i <br />~'~ <br />s• v <br />s° I <br />relinquikhed and abanclUned on <br />is attached hereto as Exhibit <br />a part hereof. <br />• <br />the aerial Photogra <br />"A" and by this ref <br />5. The parties concede that the area whi~]i is <br />designated as Phase I on Exhibit "A" has been signific <br />disturbed and poses a current safety hazard as a poten <br />rock slide area ar,d needs to be remedied to stabilize <br />rock face. The Colorado Mined Land Reclamation Divisi <br />has indicated that, in any event, additional removal o <br />material is necessary to stabilize and benr_]r the area <br />designated as Prase I. The parties agree that remedia <br />mining of Phase I may continue as follows: <br />a. The area to be mined shall remain within <br />boundaries of Phase I as shown on Exhibit A. Mining <br />involve removal of t},e overburden and stock Piling of <br />fines and overburden on site within Phase I along tl~e <br />boundary adjoining Highway 141 right of way, as shown <br />Exhibit "A". Excavation may then follow by mining in <br />exposed rock and creating a stepped vertical cliff fa <br />accordance with the contours designated by the diagra <br />erection A-A of Exhibit "B" which is attached hereto a <br />this reference made a part hereof.. As part of tliis.r <br />operation, excavation and stabilization of the rock f <br />created by past activities will take place. <br />h. hauling of mined material from the opera <br />shall not exceed sixty (60) truck loads per day. <br />which <br />made <br />ntly <br />ial <br />11 <br />the <br />in <br />i by <br />novel, , , <br />c. Any material extracted may be processed using <br />a crusher, screen or grizzly. Pror_essing shall he in strict <br />accordance with any permits issued by t}ie Colorado De rtment <br />of Health or tl~e Colorado Minecl Land Reclamation Divi ion. <br />Sch,nahls agree that a violation of any governmental permit is <br />a violation of this stipulation. uchmahls may cure a y <br />violation wit}~in ten (10) days of notice of its occurzence. <br />The Boarcl may seek enforcement of the regulations of ther <br />governmental entities as well as enforcement of this <br />stipulation. <br />d. No excavation or hauling shall occur on <br />weekends. <br />e. There shall be no stockpiling of mined m terial <br />within the Phase I site except for fines and overburd n as <br />set forth in subparagraph 5 a above and except for ve y <br />minimal stockpiling of no more than one day's mined m terial. <br />6. Phase II of this settlement involves removal of the <br />stockpile which is designated as such on Exhibit "A". The <br />stockpile is to be removed as follows: <br />a. Schmahls shall use diligence to remove tte <br />