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be mined by the Defendant. 4. The Defendant agrees to comply with the regulations of the mining ordinance of the County of Indian River. • j 5. The Defendant agrees to provide the County with a $10,000.00 cash or surety bond, as -required by the mining ordinance. The Defendant further agrees that he will construct and fill a berm abutting the right-of-way of Indian River Farms" "-- Drainage District with the berm to have a 40 foot in top width and top elevation of 20 feet, slopes to be four to one, which filling has been approved by the Mining Review Committee and accepted by the Zoning Commission. The filling shall be ac- -. complished by owner or his Lessee, placing one load of accept- able fill in the 40 foot berm area for each four loads of fill removed from the mining site. County shall monitor the fill operation and in the event the Defendant is not in compliance with any of the terms of this Stipulation, then Plaintiff shall with or without notice'of hearing, be entitled to reinstitution ..of the suspended temporary injunction. 6. It is further agreed that the mining permit will be ;,:`•. ;issued prior to the approval of the rezoning. However, the Defendant agrees to pursue rezoning to a final decision by the County; said mining permit shall be issued conditioned on Defendant refilling the 40 foot strip as defined and in the manner approved by the Mining Review Committee. 7. Upon the completion of the fill of the north 40 feet as described herein, this Court shall dismiss the cause with prejudice. 8. The Defendant has entered into a Lease Agreement with Dickerson, Incorporated, a North Carolina Corporation, authorized i to do business in the State of Florida, dated May 24, 1977, for the ' removal of fill from the Defendant's property, a copy of which a dJ 4 1 has been provided to the County. The Defendant agrees that Dickerson, Incorporated shall pay to the County the sum of .10 for each cubic yard of material removed by Dickerson, Incorporated, JUN 8 1977