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I.i' , , , "" 0045 EXHIBIT 5 Granting Document Mitigation Measuresll Easement Conditions (EC): EC 14(d)* The Grantee shall protect the scenic aesthetic values and the fish and wildlife habitat values of the area under this easement, and the adjacent land, as far as possible, during construction. oper- ation, and maintenance of the improvements. 2/ [1,2,5,6,7,9.10~ EC 19 The Grantee shall replace in kind or assume responsibility for expense of moving and relocation any fences, buildings, or other structures as might be made necessary by this grant and shall build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed. maintained, or operated under this grant., (FEIS Section 2.4.1, page 2-37) [1,2,5.6,7,9,10] EC 23 In order to minimize damage to fish and wildlife, and otherwise protect the environment, the following environmental maintenance instream flow bypasses will be required at all times: West Cross Creek Main Cross Creek East Cross Creek Fall Creek - 5 cfs - 4 cfs - 3 cfs - 3 cfs In order to accomplish the environmental maintenace instream flows, the Grantee will design diversion structures to allow a permanent and unadjustable flow to bypass the structures to ensure that required environmental maintenance flows are always provided. This diversion structure design will also ensure that required environmental maintenance flows are provided prior to allowing water to enter the diversion pipeline. (FEIS Section 2.4.1, page 2-35 and Appendix E) [1,2,6,9,10] EC 24 The Grantee will remove, as necessary, sediments trapped behind diversion dams through diversion tunnels to approved upland dis- posal sites outside the Wilderness. (FEIS Section 2.4.1, page 2-37) [1,2,5.6,9,10] *Mitigation measure which was proposed or designed by the Cities as part of their Environmental Protection Plan (FEIS. Section 2.4.1, pages 2-35 - 2-38). lIRef. FEIS, Section 2.4.1 pages 2-35 through 2-38. gfThe numbers following the Mitigation Measures refer to specific provi- sions of Section 505 of the Federal Land Policy and Management Act (FLPMA), attached, upon which the Mitigation Condition or Stipulation is based. 1