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/ ~• <br />i~ ~~ <br />~~ Extensinn office, which approval shall not be unreasonably <br />withheld, prior to resumption of any mineral extraction for <br />each phase, provided there are no significant additi nal <br />f costs or irreconcilable conflicts with the wishes of he <br />y Mined Land Reclamation Division. <br />10. Mining in any phase are shall be contiguous o the <br />initial mining in that phase. <br />~ 11. Blasting shall be only in accordance with a lasting <br />I plan which shall be submitted to the Board prior to a y <br />blasting being undertaken. Under no circumstances sh 11 any <br />debris from blasting exit the boundaries of the Phase site. <br />12. If no mining activity occurs on eitY,er Phase I or <br />w}ien applicable Phase III for a period of two consecu ive <br />calendar years, no further mining will be undertaken ,n der <br />this Stipulation or under the Conditional Use Permit ssued <br />by Resolution MCM 84-29 and Schmalil$ shall rer_laim th entire <br />quarry site as soon as possible. <br />u r~`•-~~ <br />13. No°unpermitted activity shall occur off site.exr_ept. <br />for truck turn arounds, explosive storage and limited <br />equipment maintenance ar,d similar activities. Schmah s shall <br />furnish an off site activities site plan to the Board <br />14. Sc},malils shall require any contractor over 1 000 <br />yards performi~,g work on the site to notify Mesa Coun y prior <br />to commencing work. <br />' 15. The parties s1,a11 annually review compliance with <br />this Stipulation. <br />16. The Schmahls shall dismiss their counterclai s <br />herein and Civil Action 87 CV 1391, District Court, C unty <br />of Mesa, State of Coloado, pursuant to C.R.C. P. 41(a)(1). <br />17. This Stipulation does not pertain to Parcel "B" <br />under the Conditional Use Permit. Said Parcel "B" re sins <br />under said permit. ' <br />18. This Stipulation may be adopted as an Order f the <br />Court herein. <br />~/ f B <br />Executed this O_ day of ~o~/ _, 1988. <br />Maurice Lyl Dechant, Edward Lipton, to <br />Attorney for Plaintiff for Defendants <br />