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<br />7. The COMMISSION received a. mitigation proposal from the DISTRICT, evaluated the
<br />probable Impact of the facility on fish and wildlife re~;ources and their habitat, and at its
<br />December 12,1991, meeting made a recommendation to the BOARD regarding the reasonable
<br />mitigation actions which are needed as a result of the construction of the project. The
<br />Commission forwarded Its evaluation and proposed miti~lation recommendation to the Board;
<br />and
<br />
<br />8. The DISTRICT advised the BOARD at its January 22-23, 1992, meeting that it agreed with
<br />the COMMISSION'S recommended mitigation plan fpr the PROJECT; and
<br />
<br />9. When the Applicant agrees with the Commission's recommendations, Section 37-60-
<br />122.2(1HC, 15 C.R.S. (199OJ, authorizes the BOARD to adopt such agreed upon mitigation plan as
<br />the Official State Position on the mitigation actions required of an applicant; and
<br />
<br />10. The BOARD agreed with the Commissions' recommendations and adopted the agreed
<br />upon mitigation plan as the Official State Position on the mitigation measures required for
<br />this project at Its January 22-23, 1992, meeting; and
<br />
<br />11. Pursuant to S 37-60-122.2(2l, 15C.R.S. (19901, the BOARD determined at its March 13-14,
<br />1995, meeting that the construction cost of the PROJECT Is Twenty Five Million, Six Hundred
<br />One ThOusand, Five Hundred Fifty-Three Dollars and 30/100 cents ($25,601,553.301 and that the
<br />cost Of mitigation measures encompassed by the Official State Position is TwO Million Eight
<br />Hundred Ninety-TwO Thousand Six Hundred Ten Dollars and 70(100 cents ($2,892,610.7OJ,
<br />thereby making the DISTRICT eligible under S 37-60-122.2(21 15 C.R.S. (199OJ, to apply for a
<br />mitigation grant In the amount of One Million Two Hundred Eighty Thousand Seventy-Seven
<br />Dollars and 67/100 cents ($1,280,077.671; and
<br />
<br />12. The DISTRICT applied to the BOARD for a mitigation grant in the amount of One Million
<br />Two Hundred Seventy-Eight Thousand Eight Hundred Twenty-Eight Dollars ($1,278,828.001; and
<br />
<br />13. The BOARD determined at its March 13-14, 1995, meeting to approve the grant
<br />applied for by the DISTRICT in the amount of One Million TWo Hundred Seventy-Eight Thousand
<br />Eight Hundred Twenty-Eight Dollars ($1,278,828.001.
<br />
<br />NOW THEREFORE, In consideration of the mutual covenants hereinafter set forth, the
<br />DISTRICT and the BOARD agree as follows:
<br />
<br />A. The DISTRICT agrees that all actions and determinations required of the DIVISION,
<br />COMMISSION, and BOARD pursuant to S 37-60-122.2(11 and (2), 15 C.R.S. (199OJ, as conditions
<br />precedent to the making of this grant have been taken and made; agrees with the
<br />Commission's resolution dated December 12,1991, which sets forth the recommended Official
<br />State Position on mitigation plan and mitigation grant conditions, a copy of which is attached
<br />and Incorporated herein as APPENDIX A; and seeks anlj hereby accepts In full satisfaction of
<br />S 37-60-122.2(2Hbl, 15 C.R.S. (19901, a grant in the amount of One Million Two Hundred Seventy-
<br />Eight Thousand Eight Hundred Twenty-Eight Dollars ($1,278,828.00).
<br />
<br />B. The DISTRICT and the BOARD agree that this Grant Contract is made pursuant to ~ 37-60-
<br />122.2, 15 C.R.S. (199OJ, and that under no circumstances shall the total amount of the grant
<br />exceed five percent (5%1 of the construction costs of the PROJECT, as defined in ~ 37-60-
<br />122.2(2Hdl, CRS, or be disbursed in installments that exceed seventy percent 00%) of the
<br />amount of the grant during any fiscal year. In accordance with APPENDIX A, the DISTRICT
<br />agrees to bear the costs of ImPlementing the Official State Position to the extent those costs
<br />
<br />rnl nDl\,nn OI\~D WATI=P rON<;Fk'VAT10N OISTRlrT
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<br />PAGE 2 OF 6
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<br />MITIGATION GRANT CONTRACT
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