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3) Pre-Slurry Wall Requirements. Prior to the installation of the slurry wall, Applicant <br />shall, at its sole cost and expense: <br />a) Pertorm a 24 month site specific study of groundwater conditions. Such plan <br />shall include but shall not be limited to bi-weekly monitoring of ground water <br />levels in and around the Landowner Property, for the first year, and monthly <br />monitoring thereafter. AWC and applicant shall jointly agree on a party to <br />pertoml the monitoring. At the conclusion of the study period, the Applicant shall <br />present a report summarizing its findings to AWC, and the Division of Minerals <br />and Geology, estimat(ng the impact of the proposed slurry wall on ground water <br />levels in the area generally, and on the Windell Property specifically, and <br />identifying specific mitigation strategies designed to minimize impact to <br />groundwater levels. The study shall identify a "trigger point" for groundwater <br />mitigation action of no more than 2 feet in deviation from pre-mining levels, and <br />shall require monitoring of ground water levels on the Windell Property no less <br />than quarterly for the life of the DMG permit. <br />b) Install an equalizing pipeline in the area to be outside and to the North, East and <br />West of the slurry wall boundary. The purpose of such pipe shall be to capture <br />water and direct it around the slurry wall to the Windell Property, in such manner <br />as to mitigate the shadow effect caused by the slurry wall. Prior to installation, <br />the Applicant shall provide AWC plans for the pipeline prepared by a Colorado <br />Registered Engineer. At its sole cost and expense, AWC shall have the right to <br />have such plans reviewed by its own engineer. No construction shall begin until <br />AWC approves the plans; provided, however, that such approval shall not be <br />unreasonably withheld. Unless agreed othervvise in writing by the parties, once <br />installed, the plpBline shall remain in place and shall remain operational, <br />regardless of the outcome of the 24 Month Water Study or any triggers imposed <br />therein. <br />c) Relocate Well No. 50354-F to a point further North on the Windell Property <br />designed to minimize the shadow effect of the slurry wall on the well. The <br />Applicant shall be responsible for all costs arising out of or related to the <br />relocation of the well and its integration with existing AWC irrigation systems, <br />inGuding but not limited to obtaining all required administrative or legal <br />approvals, connecting the well to the existing irrigation system, and installing a <br />new pump and other mechanical devices, if necessary: Applicant shall select <br />technical and legal counsel to perform the necessary tasks, should AWC desire <br />its own counsel in the process in addition to Applicants selected counsel, AWC <br />shall bear the cost of such counsel, The parties shall cooperate in the selection <br />of a well site and the routing of necessary pipelines. Prior to any construction or <br />application for a replacement permit, the Applicant shall submit plans, prepared <br />by a Colorado registered engineer, depicting the proposed new well location, the <br />equipment to be installed at the well site, and the pipeline(s) or other devices <br />needed to connect the new well to the existing AWC irrigation system, At its <br />discretion and at its sole cost and expense, have such plans reviewed by its own <br />2 <br />F:1PAJ\CayleWgreement 030923.GOc <br />i+00r~j Ow'I'! TTTT 85C OLB %d3 C6~80 Q8A1 CO/VZ/80 <br />