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5.6. INSTITUTIONAL FACTORS <br />Institutional Factors affecting the Selected Alternative pertain to permitting requirements, <br />court actions, and agreements and contracts. <br />Permitting <br />Possible permit requirements and current status are listed below. <br />1. Lake County Permits: Lake County has issued the District a"Finding of no <br />significant impact" (FONSI) regarding the 1041 permit for the project. However, <br />the project will require the District to obtain building, plumbing, and road cut <br />permits from the County to complete the project. <br />2. Fugitive Particulate Air Pollution Emission Notice/Control Plan Permit with <br />the Colorado Department of Health and Environment: The construction <br />contractor will be required to obtain this permit, which is a routine permit required <br />for most construction projects. <br />3. Stormwater Discharges Associated with Construction Activity Permit with <br />the Colorado Department of Health and Environment: The construction <br />contractor will be required to obtain this permit, which is a routine permit required <br />for most construction projects. <br />4. Environmental Clearances: It may be necessary to obtain clearance waivers <br />from the US Fish and Wildlife Service regarding endangered species and from the <br />State Historic Preservation Office (SHPO) regarding historic preservation. <br />5. Wetland Clearances: No impact on jurisdictional wetlands is expected based on <br />the layout of the alternative. If jurisdictional wetlands are encountered, a <br />temporary Nationwide 404 permit for Utility Crossing is expected to satisfy <br />permitting requirements. <br />Court Actions <br />Acquisition of the water rights necessary for the project is currently in process. A water <br />rights application was submitted to the water court in December 2009 and a substitute <br />water supply plan (SWSP) application has also been submitted. The Water Court <br />application involves the change of the existing Canterbury Tunnel water right to be <br />diverted from the tunnel at a new location (the proposed well). The SWSP application <br />will allow the temporary operation of the water supply until the permanent water court <br />decree is obtained and it will also allow the District to obtain a well permit for the <br />propased project. <br />�1 W. W. Wheelar ond AssocMtas, Ine 5/19/2010 Final <br />—� Wotar Resourees Englnsers Page 20 <br />