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2 <br />7. Koehler, through its spokesman, Melvin Bickling referred to in this Agreement as “Bickling,” <br />has opposed BAI’s USR Amendment Application through oral testimony, written statements, <br />or both before the Weld County Board of County Commissioners, and in letters submitted to <br />Weld County Planning Department staff which have been entered into the record as part of the <br />USR Amendment Application. <br /> <br />8. Koehler’s opposition to the USR Amendment Application is related to, in part, concerns <br />regarding the potential impacts of dewatering activities within the Derr Pit and Amendment <br />Area on the Koehler Wells. <br /> <br />9. The Companies and Koehler disagree as to whether and to what extent existing mining <br />operations at the Loloff Pit and Derr Pit have impacted the Koehler Wells, and disagree further <br />as to whether and to what extent future mining in the Amendment Area will impact the Koehler <br />Wells. <br /> <br />10. In an effort to resolve that disagreement, as well as address all other remaining concerns of <br />Koehler related to operation of the Loloff Pit, Derr Pit, and the Amendment Area, and allow <br />BAI to obtain approval of the USR Amendment Application, as well as Koehler’s objections <br />to Weld County regarding the USR Amendment Application, the Companies and Koehler <br />desire to enter into this Settlement Agreement. <br /> <br />THEREFORE, in consideration of the mutual promises and obligations stated herein, and the <br />mutual benefits to be derived therefrom, the Companies and Koehler agree as follows: <br /> <br />COVENANTS AND CONDITIONS <br /> <br />1. Purpose of Agreement <br /> <br />The purpose of this Agreement is to address Koehler’s concerns related to BAI’s and <br />Loloff’s existing and planned mining operations at the Loloff Pit and the Derr Pit and <br />Amendment Area, such that Koehler, either directly or through its representative, <br />withdraws its opposition to BAI’s efforts to get approval of the USR Amendment <br />Application, and to fully resolve all issues and obligations between the Companies and <br />Koehler related to operations at the Loloff Pit and the Derr Pit, including the proposed <br />operations within the Amendment Area. This Agreement is further intended to facilitate <br />BAI’s efforts to obtain final approval from Weld County on the USR Amendment <br />Application by defining certain objective triggers and subsequent mitigation requirements <br />related to Koehler’s concerns. The Agreement also binds Koehler, and its representatives, <br />, to first attempt to work out future disagreements related to the mining operations with the <br />Companies as they arise directly with BAI. <br /> <br />2. Identification of Concerns <br />