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~. _ .S .. RECEIVED ADDENDUM TO AGREEMENT CONCERNING DIVERSION OCT 27 1994 OF WATER INTO MAGPIE CREEK Division of Minerals & Geology This is an addendum to a previous agreement betweeff xhe Corley /,(Jae, Company ("Corley") and the Division of Minerals and Geology ("Division") which was entered on the nineteenth day of April, 1993 This addendum is entered into this ~~~~th day of Oc ~0 6~ x1994 between Corley and the Division for the purpose of describing the removal of a culvert and improvement of a drainage located on property owned by Corley. This addendum is entered by both parties to the previous agreement after, 1.) reconsideration of the hydrologic design parameters of the proposed drainage improvement, and 2.) consideration of the financial constraints resulting from the April 19, 1993 agreement. The sole intent of this addendum is to allow for the timely completion of drainage improvements in the GEC West Pit area. This addendum modifies the plans in the April 19, 1993 agreement by incorporating a plan which both parties agree is conceptually more appropriate. The parties acknowledge that it is in the best interest of both parties to implement these plans as soon as practical. The parties acknowledge that the construction specifications for the proposed diversion are, in part, limited by financial constraints imposed by the April 19, 1993 agreement. This addendum does not add or waive duties or liabilities for either party resulting from the April 19, 1993 agreement except that the plans for diverting water referred to in paragraph seven are revised, as follows: The Division and Corley hereby agree that paragraph 7 of the April 19, 1993 agreement is now revised as follows, 7. Pursuant to the terms of the Termination Agreement, Harrison will pay the Division eighteen thousand five hundred dollars ($18,500.00). The Division will use $17,700 of these funds to: a. remove the culvert that directs water from the "Unnamed Creek" into the Magpie Diversion, the west Pit sediment pond, and embankment which functions as the pond embankment,