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08/29:01 11:29 '$9703581111 1'BE LAW BUILDING ®002:003 <br />} <br />AGREEMENT <br />TH1:3 AGREEMENT is entered into this 27th day of June, 2001 between Platte Sand & <br />Gra•ai91, LLC (Platte) (Applicant), Dr. Michael Ptasnik (Ptasnik), and Michael Decker <br />(De~a;er). <br />WHI?REA3, Platte has filed an application fora 112 Permit Application, and Ptasnik has <br />objEicled to the issuance of the permit; and <br />WHI?REA3, the parties wish to resolve their dispute regarding the potential impact of the <br />ApF~~i~;ant's dewatering activity; <br />NO'N, THEREFORE, for the mutual promises herein and other valuable consideration, the <br />parl es agree as follows: <br />Applicant shall install recharge trenches (referred to in the Board's permit condition <br />as "recharge structures") between any 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 />Z. The Applicant agrees 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 Well No. <br />3. Applicant shall not dewater more than 1 (one)1 (one) acre piton the entire permit <br />site at any given time. <br />4. Ptasnik withdraws all objection to the issuance of the 112 permit as currently <br />proposed, and agrees not to raise any groundwater issues in the context of the <br />Weld 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 object to any <br />application for an amendment to the 112 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 whatplen,ifany,willprotectneighboringwells. The mediator's decision <br />shell be final with regard to the plan. The mediator shall make a decision no later <br />than July 31, 2001. <br />F:1KIN'Pacnik, Miok~al~preama%01002B.wpd <br />