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FROM : PTgSNIK FAX N0. 3037812843 <br />U6i LB/Vj L1:YH y"Ul VJUU1111 u1L amour uuauyuw <br />AGREEMENT <br />Aug. 03 2004 06:SZPM P4 <br />w ....... <br />THI'3 AGREEMENT is entered into this 27th day of June, 2001 between Platte Sand 8 <br />Grav~tl, LlC (Platte) {Applicant}, Or. Midtael Ptasnik (Ptasnik}, and Michael Decker <br />(De~~Ier). <br />WHEREAS, Platte has filed an applicatlon for a 112 PermitAppiication, and Ptasnik has <br />objneted to the issuance of the permit; and <br />tIVFtE REAS, the parties wish to resolve their dispute regarding the potential impact of the <br />App;i~;ant's dewateHng activity; <br />NO4V, THEREFORE, for the mutual promises herein and other valuable consideration, the <br />pare ea apse as follows; <br />Applicant shall install recharg®trenches (referred to in the Board's permit condition <br />es "recharge Structures") between any point of dewatering and any wails located on <br />adjacent properties. Prior to July 16, 2001, Applicant shall prepare and submit <br />plane 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 />~: <br />2. The Applicant sprees to 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 in the event that Applicant's dewatering activities injure Decker Weli No. <br />3. Applicant shell not dewater more than 1 (one)1 (one} acre pit on the entire permit <br />site at any given Time. <br />4. Ptasnik withdraws all objection to the issuance of the 112 permit as currentry <br />proposed, and agrees not to raise Vny groundwater issues in the context of the <br />4 Waid 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 obJedto any <br />application for an amendment to the 112 Permit Application involving inrnsased <br />dewatering. <br />5. to 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 />det®rmine what plan, if any, will protect neighboring wells. The mediator's decision <br />shah be final with regard to the plan. The madiafor shall make a decision no later <br />than July 31, 2001. <br />f:WN'PaWt4 Mid,Wlproemant C10628.gpd <br />