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� � <br />404 requires activities, including those identified under the UCRIP-RIPRAP, that will <br />mitigate the effects of the project on the state's fish and wildlife resources. <br />c. The Colorado Wildlife Commission and the Colorado Department of Natural <br />Resources, Division of Wildlife, reviewed and adopted the P�aN. By the express <br />terms of the FuN�, the P�a,N became the official state position on the mitigation <br />actions required of the applicant. <br />d. The CWCB acted to affirm the mitigation recommendation within 60 days of the <br />CONTRACTOR application, dated February 28, 2006, attached as Appendix 1. <br />e. To be eligible to receive a grant from the Futvo, the mitigation costs must exceed <br />five percent of the cost of the water storage facility. The CoNTw�cTOR's mitigation <br />costs are $3,170,406 out of a total project cost of $20,971,082. The mitigation costs <br />are 15 percent of the total project cost, thus qualifying the project for a grant from <br />the Furv�. <br />f. The Futv� limits a grant to no more than five percent of the total project <br />construction cost. The total project construction cost is $20,971,082. Five percent <br />of the total project cost is $1,048,554. Accordingly, the grant is for $1,048,554. <br />g. Pursuant to FuN� requirements, the CWCB acknowledges that it shall not <br />disburse grant funds to the Co►vTr�acTOR in an amount that exceeds 70% of the <br />grant during any fiscal year. <br />4. The Project Summary, attached as Appendix 2 and incorporated herein, contains <br />Contractor Information (Section 1) and Project Description (Section 2). <br />5. The Elkhead Reservoir enlargement is a key component of the Recovery Action Plan <br />(RIPRAP) for the Upper Colorado River Recovery Implementation Program (UCRIP). <br />The UCRIP is participating in the Elkhead Reservoir enlargement project as a 20/47 <br />financial partner and acquiring 5,000 acre-feet of water and storage space to provide <br />flow enhancements that will assist in the recovery of the four Colorado River <br />endangered fish for the benefit of all UCRIP participants, including Colorado water <br />users. Accordingly, the CONTRACTOR agrees to apply 20/47ths of the CWCB <br />mitigation grant to the financial obligations of the UCRIP in the Elkhead Reservoir <br />Enlargement Project, which obligations include project mitigation costs associated <br />with the Colorado Division of Wildlife approved mitigation plan. <br />6. At its March 22, 2006, meeting, the CWCB adopted the CONTRACTOR wildlife <br />mitigation plan, and the CWCB approved a grant for the PRO�ECT to the CoNTRacTOR in <br />an amount up to $1,048,554. <br />NOW THEREFORE, in consideration of the mutual and dependent covenants <br />contained herein, the parties agree as follows: <br />A. Grant of funds. CWCB hereby grants to the Gw�,rvTEE the sum of $1,048,554 as <br />reimbursement of costs expended by GRatvTEE in connection with the expenditure of <br />funds to mitigate effects on wildlife caused by the GFZarvTEE's construction of the <br />Elkhead Reservoir Enlargement. <br />Grant Contract No. C150219 <br />Page 2 of 7 <br />