PROJ02019

• Contract/PO #: FS0069FX
• Contractor Name: Fountain, City of
• Contract Type: Loan
• Water District: 0
• Loan Projects - Doc Type: Feasibility Study

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PERMITTING ISSUES AND INSTITUTIONAL CONSIDERATIONS

A number of institutional hurdles and permitting issues may require
addressing prior to the start of the project construction. The identified issues are
discussed below.

State Enaineer Desion Review

The Design Review Section of the Office of the State Engineer is required to
review and approve the design of the dam modification project. The review focuses
on the adequacy and completeness of the technical design. This review can take
up to six months. There are no identified issues of concern with the State Engineer
on any of the alternatives. All alternatives address the reduction in the dam size
and adequate spillway capacity.

The State Engineer submittal would include a hazard classification and dam
size assessment, a flood hydrology report, and plans and specifications for the
construction.

EI Paso County Gradina and/or Erosion Control Permits

Based on our correspondence with the EI Paso County Planning Department
staff, it appears that Alternative F would not require any permit from or review by
the County. It is less clear if some of the other alternatives would, or would not,
require a permit or review. The key is the definition of "extensive modification" of
the structure, as used by the County staff. The selected alternative could arguably
result in minimal modification of the structure.

CDPHE Permit for Air Pollution Emission Notification (APEN)

The Colorado Department of Public Health and Environment (CDPHE) requires
a permit for larger construction sites to monitor fugitive dust. Due to the limited

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