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' ., +Fy In :I •~';e .. ... ni.. I~ • • ,~y ~ .~ ~ stockpile within five years of the date of this Stipu: Schmahls will annually advise the Board of their dili! attempting to remove the stockpile. Providing Schmah: diligence in attempting to~remove the stockpile and p~ the stockpile is not totally removed within five year: Board may grant an extension of an additional three y~ which to remove the stockpile. Such extensions shall unreasonably withheld~`~At the end of the three year extension, Schmahls shall grade, sr_ulpt, seed, plant, otherwise reclaim the stockpile within the next year. Schmahls may evidence diligence in eliminating the stc by demonstrating their contact annually with at least Forest Service, Bureau of Land Management, State Iligh~ Department, Comity Road Department, or other private entities, regarding the sale of the material for projt being undertaken by those entities. ation. ence in s show oviding the acs in not be and the ile b. No additional stockpiling of any nature hall be allowed in the area of the existing stockpile. c. Removal of the stockpile as Phase II of his Stipulation may be undertaken concurrently with Phase I above. 7. Phase III of this Stipulation involves minin in tl~e area designated as Phase III on Exhibit "A". Extract ve operations in Phase III may only be undertaken as fol ows: a. No extraction in Phase III shall be unde taken until extraction in Phase I and removal of the stockp le in Phase II are substantially complete. b. Mining and extraction in Phase III shall be undertaken pursuant to 'the Conditional Use Permit iss ed by Resolution MCM 84-29. The parties hereby defer interpretation of said permit until notice is receive from Schmahls by the Board of Schmahl's intent to commence with Phase III. 8. Physical staking of the entire site shall be accomplished as soon as possible after execution of t}is Stipulation to identify boundaries of existing and pr posed disturbance and buffers. A seventy five (75) foot undistrubed buffer shall be maintained by Sclunalils ne t to all drainages, except foz• that drainage presently enc oached upon by the existing stockpile, which drainage shall low and then be reclaimed as a portion of Phase III. A fifty {50) foot undisturbed buffer shall be maintained by Schmah s next to Bureau of Land Management property..A twenty five (25) foot buffer shall be maintained by Schmahls along Hig way 191. 9. All reclamation plans and activities for eac phase shall be timely reviewed and approved by the Tri-Rive