2017-05-18_PERMIT FILE - M2017022

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408323 02-22-2017 Page 6 of 16 locations of the Easements are determined, this Agreement shall be amended by the parties to include such legal descriptions. 8. Construction of the Reservoir. In order to meet the District's needs for purposes of operation of the Augmentation [Matt, the storage capacity for the Reservoir is intended to be up to approximately- ell acre: feet, with a footprint area for the Reservoir of approximately 6 acres - within the. approximately 7.9 acres of the Reser, Eoir Easement. The Reservoir may be lined to the manner determined by the District to reduce the amount of the District's stored water rights last to seepage. Reservoir levels will fluctuate with the tilling of the Reservoir, release of water at times needed by the District, and the refilling of the Reservoir. In the construction of the Reservoir, the District shall to the extent reasonably practical, and if not needed lair Reservoir materials or used in the allowed gravel raining operations. use the materials excavated for the Reservoir to fill it, and grade an erodcd area of the Sheep Mountain Property that is located south of the Reservoir- site, as generally shown on Exhibit B. Due to the anticipated extent of excavation for the Reservoir site, it is expected that there will be more spoils materials generated than will be used in the construction of the Reservoir, tilling* in the erosion gully, and mining operations. The District shall be allowed to spread and level these additional spoils material across the area of the Rialm Property, as generally shown on Exhibit B ("Spoils area"). The District will have freedom of movement between the Reservoir Easement area and the Spoils Area, which will include temporary crossing of the Burns Ditch. Such crossing shall be conducted so as to not interfere with Rialm's irrigation practices or to restrict the flow- of water in the ditch for irrigation. If gravel mining operations under Paragraph 9 are not conducted on the Sheep Mountain Property, then the Spoils Area will be allowed to expand north to the south border of the Reservoir Easement. In this case, the District shall bury and sufficiently encase the Burris Ditch No. 1 in a mariner to preserve historical ditch and irrigation operations and not restrict the flow of water through the ditch. For the Spoils Area and the access between the, Reservoir Easement and the Spoils Area, the District shall comply with the restoration obligations of paragraph 12. Construction of the Reservoir shall be conducted by the District in such a manner that it will not materiality impair or impede farming practices by Riallrt. 9. Gravel Mining Operations. As part of the construction of the Reservoir, the Reservoir Easement area will need substantial excavation and removal of existing materials. A portion of these materials to be removed will consist of rocks and aggregates that are expected to be suitable for crushing to make gravel for road base and road surfacing. The District shall have the right to contract with Fluerfano County for I-luerfano County to conduct mining operations within the Reservoir Easement site, and also the use of an adjoining area far the operation of a temporary rock crushing area shown on Exhibit B ("Crusher Area`°), together with access thereto from County Road 550, to the extent the, District determines is beneficial and cost efficient for the construction of the Reservoir. The rise of the Crusher Area shall terminate upon the cessation of the gravel mining operations. It is anticipated that mining operations Will occur for a period of approximately 18 months from their commencement, The District shall require that the County comply with all state and county miming, land use, and permitting requirements for the gravel mining operations. Copies of all such permits and approvals shall be provided to Rialm before the commencement of any mining. The mining shall be conducted in accordance with applicable 6 107