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<br />Mr. Gilbert P. Accord <br />August l5, 1996 <br />Page 2 <br />5. We will construct a control gate which will permit you to <br />direct water from the north-south ditch to either delivery <br />point or both. This control gate will be located at the north <br />point of the north south portion of the ditch. <br />6. We also agree that we will not cause your average ground water <br />level to drop as a result of our mining operations, and for <br />this purpose we propose to install a monitoring well <br />(piezometer) on your property which you would permit us to <br />read each month after our mining permit is approved by t11e <br />County Commissioners. We agree to share the readings with you <br />so that we will both have a record of the water level, as it <br />exists frcm time to time, through the completion of olir mining <br />operation. <br />7. In return, you agree not to protest the removal of the <br />easterly ditch. <br />OWENS BROS. CONCRETE CO. <br />The undersigned hereby approves and agrees to the terms and <br />conditions set forth in the foregoing letter and agrees to abide by <br />them. <br />GILBERT ACCORD <br />By: :~(lit,~ /"i /Iti.s-:Qa.a., ~~ ~Utt (.f.~. I1_~N-czr_~v.ai' <br />Loretta Rhodes <br />Attorney in Fact <br />OAK191:052396.11/6316 <br />