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• <br />• Restriction Reoardino Nearby Wells <br />This restriction applies to those shallow wells located within <br />1000 feet of any property line of Sandy Acres subdivision and <br />on the east side of the South Platte River. Further, this re- <br />~ ,striction applies to the owners of Sandy Acres, their successors, <br />heirs, assigns, operators, and sub-contractors who may be per- <br />forming the gravel mining operation at the Sandy Acres subdivi- <br />sion. Reference to "owner" in this restriction means the owners <br />~ of Sandy Acres and their successors, heirs, assigns, operators, <br />and sub-contractors. <br />When there is a failure of any shallow well described above, <br />the individual property owner shall immediately notify the "own- <br />~ er" and the Board of County Commissioners of the County of <br />Adams of said failure. After notification, said failure shall <br />be investigated by the property owner and the "owner". if both <br />parties agree that the failure of said well is caused as the <br />~ direct result of the mining operations at Sandy Acres the "owner" <br />shall immediately take all necessary actions to provide water <br />to the affected property owner. If both parties agree that the <br />failure of the well is not caused as a direct result of the <br />~ mining operation at Sandy Acres, the affected property ,owner <br />shall be responsible for taking corrective actions at his own <br />expense. <br />If the parties cannot agree as to the cause of the failure of <br />~ the well, the <br />property owner shall contact the Board of County <br />Commissioners of the County of Adams and the "owner" and the <br />Board shall schedule a hearing to determine whether the mining <br />operation at Sandy Acres caused the failure of said well. If <br />~ the Board determines that the failure was caused by the mining <br />operation at Sandy Acres, the Board shall order the "owner" to <br />take immediate corrective action to supply water to the affected <br />property owner. At such hearing the Board of County Commission- <br />ers of the County of Adams may order the "owner" to cease min- <br />ing operations until the corrective actions have been taken. <br />Failure of the "owner" to take such immediate corrective action <br />~ may cause the Board of County Commissioners to hold another hear- <br />ing to revoke the conditional use granted to operate the mining <br />operation at Sandy Acres. <br />I~ <br />I• <br />• <br />