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Aspen Highlands Ski Area would be needcd to allow the skiing public to egress the mountain during a dry weather cycle. It was also necessary to detennine if additional snow would cause additional resource damage in the fonn of erosion and sediment deposition. The results of the analysis identified that if a drainage/runoff control plan were properly designed and constructed there would be a reduction in the amount of erosion and sediment. Another concern was the removal of water from Maroon Creek. The analysis disclosed the existence of an instream flow requirement of 14 cfs established by the Colorado Water Conservation Board, as well as the frequency at which the water withdrawal would cease due to this requirement. This minimum requirement is senior to the recent Hines Highlands Limited Partnership and Aspen Highlands Mountain Limited Liability Company water rights filings. Additionally, the analysis disclosed the minimum flow of 22 cfs, which the USFS recognizes as necessary to protect aquatic life, and the frequency with which water withdrawals would cause this flow to be violated. While the reduction in instream flows in Maroon Creek would reduce spawning habitat this reduction would not threaten the sustainability of the Roaring Fork fish populations which spawn in Maroon Creek. Consultation with the USFWS also determined that proposed water depletions would be small enough (<100 acre-feet) that the Recovery and Implementation Program for Endangered Fish Species in the Upper Colorado River Basin would be a "reasonable and prudent alternative" to avoid the jeopardy to these fishes or their critical habitat brought on by the depletions. Because of this, the depletion fee nonnally assessed for new withdrawals was waived (See Appendix E of Final EIS). CONDITIONS The Aspen Skiing Company must have a legal water right in order to apply snowmaking on NFS lands. Based on the consultation with the USFWS, 58 acre-feet of water has been approved for snowmaking on NFS lands (see Figure I). This equates to a consumptive water use of 15 acre-feet. The Aspen Skiing Company must also submit to the Forest Service a drainage/runoff control plan designed by a qualified professional. This plan and schedule of implementation will be reviewed and must be approved by the Forest Service prior to any construction activities on Aspen Highlands Ski Area. In a given season, snowmaking will not be allowed after December 31. ASC can annually apply up to 5 J acre feet of water on 48 acres ofNFS lands for snowmaking purposes. In addition, it will also be necessary for the Aspen Skiing Company to supply the Forest Service with a daily log of the amount of water being used for snowmaking. The cut-off date for approved snowmaking is December 31. The does not affect the exception of occasional patching that is currently authorized under ASC's guaranteed I cfs waler right. SUMMER RECREATIONAL USES I am authorizing summer uses of the Aspen Highlands Ski Area. However, the public will not be able to access the area until construction activities for the on-mountain improvements and the base village development are complete, or have progressed far enough to ensure the safety of the public. DISCUSSION During the scoping process the public identified several concerns with allowing summer activities on Aspen Highlands Ski Area. Big horn sheep and white tailed ptannigan use the upper portions of the mountain. In order to protect these creatures from harassment, the wildlife biologist has identified mitigation measures that allow the public to enjoy the area without adding additional stress to the wildlife. The EIS has also addressed the human impact upon both the alpine vegetation and the potential for another portal to the Maroon Bells - Snowmass Wilderness. I realize the need to protect the alpine vegetation due to its fragile nature. The analysis has also studied the potential for the exceedance of the Wilderness Management Area Prescription standards and guidelines and detennined that the likelihood of too many people encounters would be very unlikely. 12 Decision and Rationale AUlhorized Muster Development Plan Components