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FROM ~ PTRSNIK FAX N0. 3037812843 Aug. 03 2004 06:S2PM P4 <br />phi YH/U1 11: YH SryI VJVV1111 1l3L +~~~~ uua uu at~u .u• .• •• <br />AGREEMENT <br />THI'3 At3REEMENT is entered Into this 27th day of June, 2001 between Platte Sand 8~ <br />Gra'n31, LLC (Platte) (Applicant), Dr. Michael Ptasnik (Ptasrik), and Michael Decker <br />(De~~ter). <br />WHEREA8, Platte has filed an application fora 112 Permit Application, end Ptasnik has <br />objtieted to the issuance of the permit; and <br />WHE REA8, the parties wish to resolve their dispute regarding the potential Impact of the <br />ApF~~i~:ant's dewatering activity; <br />N04V, THEREFORE, for the mutual promises herein and other va luable consideration, the <br />part eta agree as fellows: <br />1. Applicant shall install recharge trenches (referred to in the Board's permit candition <br />as'resxta~@strt~ctures~.between en point of dewatering and anywells located on <br />adjacent properties. Prior to July 16, 2001, Applicant shall prepare and submit <br />plans for said trenches, and Ptasnik shall have the opportunity to review and <br />approve said plans by July 23, 2001, prior to any dewatering. Said approval shall <br />not be unreasonably withheld. <br />2. The Applicant agrees /o make Ptasnik whole in the event Applicant's dewatering <br />activity injures any of Ptasnik's irrigation wells. Applicant agrees to make Decker <br />whole iri the event that Applicant's dewatering activities injure Decker Well No. <br />3. Appl(cant shell not dewater mare than 1 (one)1 (one) acre pit on the entire permit <br />site at any given lime, <br />4, Ptasnik withdraws ail objection to the issuance of the 112 permii as currently <br />propaaed, and agrees not to raise any groundwater issues in the context oP the <br />Wald County USR application. Ptasnik reserves the right to make objections at the <br />county level on issues other than dewatering, and reserves the right to objectto any <br />app(ioatton for an amendment to the 11Z Permit Application involving increased <br />dewatering. <br />5. In the event of a disagreement over the proposed trench plan, Ptasnik and <br />Applicant shall agree upon a third party engineer to mediate the dispute and <br />determine whatplan, if any, will protect neighboring wells. The mediator's decision <br />shalt be final with regard to the plan. The mediator shall make a decision no later <br />- than July 3f, 2001. <br />6:WN~ P'tNnik rAda~P~R~Tat C1C628.wPd <br />