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L Not later than fourteen (14) days after completion of mining activities for <br /> the Reservoir or any Cell, Contractor shall,.at its expense: <br /> a) Request an inspection of the Reservoir or Cell by the SEO. <br /> b) Diligently pursue obtaining a permit andlor approval letter indicating <br /> that the Reservoir or Cell meets all requirements for design or <br /> performance set forth in the State Engineer Guidelines for Lining Criteria <br /> for Gravel Pits (August 1999), as amended. <br /> c) If applicable, take those steps necessary to obtain SEO approval of <br /> a jurisdictional dam. <br /> Ji. Contractor shall, at its expense, have the Reservoir or Cell surveyed by an <br /> independent engineer or surveyor, licensed to practice surveying in the State of <br /> Colorado, with such survey to include a) a topographic ALTA survey mapping the <br /> Reservoir with an accuracy equivalent to scale of one (1) inch equals fifty (50) <br /> feet with one (1) foot interval contours, (b) horizontal control referenced to the <br /> NAD-83-92 Modified Colorado Central State Plane Coordinate System, and (c) <br /> vertical control referenced to NA VD 1988. <br /> iii. Contractor shall, at its own expense, have prepared a set of "as built" <br /> installation drawings certified by an independent engineer licensed in the State of <br /> Colorado upon the completion of all installation activities, including any activities <br /> required by the SEO. <br /> iv. Contractor shall use the survey to have an elevation-capacity table and <br /> curve of the Reservoir prepared by an independent engineer licensed in the <br /> State of Colorado. The table and curve shall start at the top of the dead storage <br /> pool, if any, and extend to the top of the Reservoir. The capacity of the Reservoir <br /> or Cell shall not include any Passive (Dead) Storage. <br /> V. In the event that the Reservoir or Cell is not approved by the SEO within <br /> twelve (12) months of the cessation of mining activities, either party may <br /> terminate the Construction Agreement upon giving the other party written notice <br /> thirty (30) days prior to such termination. Notwithstanding the above, if <br /> Contractor is taking action to obtain such permits and final approvals, and <br /> substantial progress has and is being made in such progress; such twelve (12) <br /> month period shag be extended for a reasonable period of time to obtain such <br /> permits and approvals. <br /> Vi. If Contractor is successful in obtaining the approval of the SEO of a <br /> jurisdictional dam, and if Owner decides to purchase the additional storage, then <br /> upon the SEO issuing a final approval of the jurisdictional dam, the parties will <br /> calculate the additional Usable Water Storage Capacity resulting from the <br /> construction of the dam using as the Normal Maximum Water Surface the <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 15 <br />