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FYrt-GJ-17~ iti•l'l~ rlcUl'I M1LJIm'1 DLAUICI< lu 0.1Gtlltlb Y.I~b(b~( <br />Owners Association or the landowner, and the third to be <br />selected by the first two. <br />5. Aquifers. Wells. Operator shall also faithfully carry <br />out the hydrology study described elsewhere in this Permit. In the <br />event such study shows greater depletions of aquifers than can be <br />explained by withdrawals of groundwater through permitted wells, or <br />in the event any existing or future well is damaged or the <br />production thereof diminished as a result of mining activities, <br />then the operator shall be responsible to provide a substitute <br />water supply, in amounts compazable to the pre-mining capability of <br />such aquifer or the pre-damage capability of such well, by one of <br />the following methods: <br />a. Pay the capital cost of installing a water pipeline from <br />the City of Trinidad water main (located south 'of Highway <br />12) to the affected lands, and pay the landowner the <br />estimated present value of future city water charges; or <br />b. Pay to the landowner the difference in cost between a <br />well completed in the affected aquifer and a well <br />completed in the first aquifer below mine level, and pay <br />to the landowner the estimated present value of all <br />increased pumping costs caused by the need to pump from <br />such lower aquifer; or <br />c. Pro-rate methods a. or b. among landowners in the case of <br />any groups of community water systems. <br />Any disputes arising under this paragraph shall be resolved by <br />binding arbitration by a panel of three (3) registered Colorado <br />professional engineers under the rules of the American Arbitration <br />Association, one engineer to be appointed by the Operator, one by <br />Raton West or the Rancho Escondido Property Owners Association or <br />the landowner, and the third to be selected by the first two. <br />6. Purchase of Lots. Basin shall on or before May 1, 1994 <br />purchase Lots 1, 2, 3 and 4 in Filing One, Rancho Escondido, from <br />Raton West for $15,000.00 per lot. These lots are rendered <br />unusable by reason of the noise, air blast and vapor from Basin's <br />mine exhaust fan on adjacent property to the south of Lot i. <br />7. Subsidence Bond. Basin shall .establish a separate bond <br />pursuant to CRS 34-48-106 with the Soard sufficient to cover: <br />a. subsidence damage to the existing structures identified <br />on Basin's Map 20, Structure Inventory, dated February 4, <br />1994 submitted as part of the application for the present <br />Permit; and <br />b. Subsidence damage to future structures which may happen <br />despite the preventive measures described herein. <br />\proposal. 3 <br />RA <br />D <br />~ r SFa ~r <br />