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5 <br />Affected Land” as that phrase is used within Permit No. <br />DRMS M-2008-017. <br /> <br />ii. BAI, or its selected third-party representative, shall <br />perform monthly groundwater monitoring at each of the <br />groundwater wells identified in Exhibit C. The monthly <br />monitoring data shall be submitted to Koehler and the <br />DRMS on a monthly basis. The groundwater wells to be <br />included within this monitoring program specifically <br />include the Koehler Wells and Koehler agrees to grant <br />access to BAI, or its selected third-party representative <br />to the Koehler Wells for purposes of such monitoring. If <br />such access is denied in the future, then BAI shall be <br />relieved of the requirements of 3(A)(4)(b)(ii)-(iii) and <br />3(A)(4)(c) of this Agreement. <br /> <br />iii. If the results of the monitoring data referenced in the <br />preceding paragraph demonstrate that there has been <br />greater than a two (2) foot drop in the groundwater levels <br />over the historic average groundwater levels for the <br />month in which the level was measured at the Koehler <br />Wells in two consecutive months, which reduction is <br />proximately caused by dewatering at the Derr Pit, <br />including the Amendment Area, then BAI shall, within <br />seven (7) days submit a mitigation plan to Koehler and <br />DRMS. Such mitigation plan may include, but is not <br />limited to the following mitigation efforts: (a) enhanced <br />recharge operations around the Amendment Area or Derr <br />Pit; (b) resetting of existing well pumps on the advice <br />and recommendation of an agreed upon company with <br />expertise in such fields; (c) rehabbing the existing well <br />on the advice and recommendation of an agreed upon <br />company with expertise in such fields; (d) provide <br />domestic water through either the City of Greeley system <br />or the North Weld County Water District system at <br />BAI’s sole cost; and (e) provide Colorado Big Thompson <br />or other sufficient surface water supplies suitable for <br />irrigation. The two (2) foot drop in static water table that <br />is the trigger for the obligations of this paragraph shall <br />be measured against the baseline data collected by BAI <br />through its third party representative since 2019. <br />Koehler acknowledges and agrees that this data is a <br />reasonably accurate estimate of the current water level <br />and that the actions taken pursuant to paragraph <br />3(A)(4)(i) of this Agreement will mitigate the historical <br />lowering of the water table, if any, resulting from