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<br />Upon notification from a well owner that a well has been <br />impacted by the mining operation, Cooley Gravel Company will <br />have twenty-four (24) hours to determine if the well is <br />actually impacted by their dry mining operation, and upon a <br />positive determination that it is impacted determine what type <br />of mitigation to implement. <br />6. Cooley Gravel Company will have plans in place for temporary <br />replacement of water supplies while they are preparing design <br />and construction plans for permanent replacement of water <br />supplies. This temporary replacement will be supplied within <br />24 hours of the notification of a well owner. <br />7. Cooley Gravel Company bears no responsibility to replace mal- <br />functioning equipment in a well that was not operating <br />properly prior to the mining operation. <br />8. Cooley Gravel Company is responsible for only replacing water <br />in the amount that was legally and historically diverted by <br />the well owner. No illegal diversions will be replaced by the <br />Cooley Gravel Company. <br />9. Cooley Gravel Company bears no responsibility for the <br />continued maintenance of the replacement water once it is <br />provided. The well owner agrees to assume all responsibility <br />for the operations and maintenance. <br />10. Any well not meeting potable drinking water standards prior to <br />the mining operation shall not be required to have water <br />replaced to meet drinking water standards. <br />11. If Cooley Gravel Company determines that it is not responsible <br />for damage to the well through its dry mining activities and <br />the well owner still believes they are, Cooley Gravel Company <br />will hire an independent consulting hydrogeologist to make an <br />independent determination. Should the consultant determine <br />that Cooley Gravel Company is not at fault, it is the well <br />owner's responsibility to seek reparation. <br />This agreement shall not be altered except with the approval of <br />both parties in writing. <br />Agreed to on t}~ig ~ day of ~lc~Ci' 199,I'?' <br />:y C <br />1 Company <br />Well Owner <br />