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iv. Contractor shall not permanently place such fill or make modifications that <br /> Owner believes would require review by the SEO, Dam Safety Branch, without <br /> Contractor first obtaining Owner's written agreement. <br /> v. - Any dam or modification shall be designed by a Colorado registered <br /> engineer and submitted to Owner for review and comment at least sixty (60) days <br /> before the design documents are submitted to the SEO for review. The design <br /> documents submitted to Owner shall include at a minimum the following: <br /> a) Design report and calculations as required by the SEO, Dam Safety <br /> Branch. <br /> b) Drawings and technical specifications as required by the SEO, Dam <br /> Safety Branch. <br /> vi. Subsequent to submitting the design documents to the SEO for review <br /> and approval, Owner may negotiate concerning the inclusion of a jurisdictional <br /> dam on the Property, limitations on the height of jurisdictional dams, the amount <br /> of Storage developed above the original ground surface, and changes to the <br /> locations and design of dam facilities, such as the embankment configuration and <br /> slope protection, spillway, and outlet works to improve the ability of the <br /> completed facility to meet Owner's long-term objectives. However, if the Parties <br /> cannot agree, Owner may proceed with construction in accordance with the <br /> design documents approved by the SEO. . <br /> vii. Should Owner become aware that the Reservoir contains elements of a <br /> jurisdictional dam, not previously identified in the plans, it shall notify Contractor <br /> in writing of its concern. If after discussion between Owner and Contractor, <br /> Owner is still concerned that the Reservoir contains elements of a jurisdictional <br /> dam, Contractor shall, at its expense, request the assistance of the SEO in <br /> determining whether the Property includes a jurisdictional dam. If the parties <br /> reasonably disagree as to whether the Reservoir contains elements of a <br /> jurisdictional dam, and Owner requires Contractor to request the assistance of <br /> the SEO, and the SEO determines that the Reservoir does not include a <br /> jurisdictional dam, Owner shall reimburse Contractor for its out of pocket <br /> expenses paid to outside consultants for presenting the issue to the SEO. <br /> viii. If the SEO determines there is or may be a jurisdictional dam on the <br /> Property, Contractor will have the right prior to Delivery to pursue either (a) <br /> obtaining from the SEO final approval of the jurisdictional dam, indicating the <br /> installation is in accordance with the Rules and Regulations for Dam Safety and <br /> Dam Construction, 2 CCR 402-1, as amended, and that Contractor has <br /> permission from the SEO to store water, or (b) a written determination by the <br /> SEO that no jurisdictional dam exists andlor no permit or approval is necessary. <br /> Construction Agreement—Zadel(v.4-24-08) <br />