2020-05-26_REVISION - M2008017 - Laserfiche WebLink

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2 8. The Parties disagree as to whether and to what extent existing mining operations have impacted the well, and whether and to what extent mining in the Amendment Area will impact the well. 9. To address Murata’s concerns, BAI has: researched the Murata well to identify potential impacts from past Loloff and Derr mining operations and hired a groundwater engineer to study the impacts from current and planned mining operations. BAI has shared the results of the research and study with Murata. BAI also hired Quality Well and Pump to provide a new pump and set the pump at a lower depth of 70 feet in the well to provide better capacity and reliability as the existing pump was set at 50 feet of depth. 10. The Parties wish to resolve all outstanding issues through this Agreement. THEREFORE, in consideration of the mutual promises and obligations stated herein, and the mutual benefits to be derived therefrom, the Parties agree as follows: COVENANTS AND CONDITIONS I. Purpose of Agreement The purpose of this Agreement is to address Murata’s concerns related to BAI’s and Loloff’s existing and planned mining operations, have Murata withdraw its opposition to BAI’s efforts to amend the USR Permit, 2MJUSR19-08-1660, and fully resolve all issues and obligations between Murata and the Companies related to operations at the Derr and Loloff Pits. This Agreement is further intended to facilitate BAI’s efforts to obtain final authorization from Weld County to expand its mining operations into the Amendment Area. II. Identification of Concerns Murata identifies the following concerns as the basis for its objection to the Derr Pit expansion: A. Noise Murata has concerns about noise that will be generated by operations. B. Dust Murata has concerns about dust that will be generated by operations. C. Traffic