PERMFILE52572 - Laserfiche WebLink

Home Browse Search

AGREEMENT L G. Everisl. Inc and Lupton Bollom Ditch Company i. The LUPTON BOTTOM DITCH will be temporarily relocated approximately 175 feet east of its original location. (For clarification, whsle in this temporary relocated position, the ditch will be referred to as the TEMPORARY DITCH.) ii. The TEMPORARY DITCH will be constructed to match flowlines at existing headgates at the north and south ends of the EVERIST PROPERTY. iii. EVERIST will ensure the potential capability of water flow through the TEMPORARY DITCH. When there is water flow, EVERIST will measure the water flow upstream and downstream in the TEMPORARY DITCH, to ensure there are no leaks. iv. EVERIST will be responsible for repairs and maintenance to the TEMPORARY DITCH, except in the case of damage done by an employee of, or a person working for, LUPTON BOTTOM, or any third party. In which case, EVERIST will make the repairs, and charge the responsible party for the cost of the repairs. v. EVERIST will build and maintain a temporary maintenance road on the west side of the TEMPORARY DITCH for use by LUPTON BOTTOM, for the duration of the TEMPORARY DITCH use. vi. The TEMPORARY DITCH will be eliminated when the construction on the PERMANENT DITCH is completed and it is functioning. b. Within two (2) years after the initial relocation of the original LUPTON BOTTOM DITCH and the construction of the TEMPORARY DITCH, EVERIST will build a PERMANENT DITCH at the position of the original LUPTON BOTTOM DITCH. EVERIST will also build an EMBANKMENT under the PERMANENT DITCH, so as to position the PERMANENT DITCH at the same height as the original LUPTON BOTTOM DITCH. The PERMANENT DITCH will be lined with concrete approximately four (4) inches thick with expansion joints every twelve (12) feet. The dimensions of the PERMANENT DITCH will be approximately twelve (12) feet wide at the top, by four (4) feet deep, by four (4) feet at the flowline. The PERMANENT DITCH will be constructed to match flowlines at existing LUPTON BOTTOM headgates at the north and south ends of the EVERIST PROPERTY. iv. The EMBANKMENT will consist of weathered shale, bedrock, and overburden from the mining of the EVERIST PROPERTY and LUPTON BOTTOM PROPERTY. v. The EMBANKMENT will be compacted to ensure against any "settling" of the EMBANKMENT and subsequent misalignment of the PERMANENT DITCH. vi. EVERIST will construct and maintain a MAINTENANCE ROAD along the west side of the PERMANENT DITCH, on the EMBANKMENT. The MAINTENANCE ROAD will be a minimum of ten (10) feet wide and will have approximately one (1) foot of tapered road base. vii. Along the east side of the PERMANENT DITCH, the EMBANKMENT will extend at the same level of the PERMANENT DITCH approximately two (2) feet to allow for maintenance of the PERMANENT DITCH.