BOARD02364

• Board Meeting Date: 5/11/1998
• Description: ISF Section - Carbon Creek - Case No. 4-96CW311 - Mount Emmons Mining Company
• Board Meetings - Doc Type: Memo

local governmental agencies concerning the Mt. Emmons Project is completed. In the
event that Applicant is required by other governmental entities to provide mitigation or
compensation to offset impacts of the Mt. Emmons Project, CWCB shall consider the
cumulative affect of such mitigation or compensation on the mitigation or compensation
it will require as a condition of granting its approv~ to inundate a portion of the
Carbon Creek minimum flow reach. When making its determination whether to
approve the request to inundate, CWCB may require additional compensation or
mitigation than that required by the other governmental agencies in accordance with
CWCB's rules. Prior to any construction that would cause inundation of Carbon
Creek, Applicant will comply with CWCB rules regarding the mitigation to be made
upon inundation of a CWCB minimum flow reach.

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3. Applicant shall notify the lead agency conducting the Environmental Impact Statement
on this project of the existence of this agreement and shall use its best efforts to notify CWCB
of all proceedings conducting in the NEPA review process of the project.

4. This stipulation shall be binding upon the parties hereto, their successors, and assigns.

5. Within fourteen days of the date on which both parties have signed this stipulation, the
Applicant shall file a motion requesting that the Water Court for Water Division 4 enter an
order approving this stipulation.

6. The Applicant agrees that it will not seek a referee's ruling and/or decree with terms
that are inconsistent with this stipulation or that are any less restrictive on the Applicant than -
those contained in the stipulation. ,.,

7. The CWCB shall remain a party to this case and shall be provided with a copy of any
proposed rulings and/or decrees in this matter. The CWCB agrees that it will not oppose the
entry of any proposed referee's ruling and/or decree that is consistent with this stipulation.

Dated this _ day of

,1998.

FOR THE COLORADO WATER
CONSERVATION BOARD

FOR MOUNT EMMONS MINING
COMPANY

Jennifer L. Gimbel, #20697
Assistant Attorney General
Natural Resources Section
1525 Sherman Street, 5th Floor
Denver, CO 80203
Telephone: [phone]

Brian M. Nazarenus, #16984
Carolyn F. Burr, #25978
GORSUCH KIRGIS LLP
Tower I, Suite 1000
1515 Arapahoe Street
Denver, CO 80202
Telephone: [phone]

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CFB\52779\276004.03

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