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<br />O!:l2!.35 <br /> <br />Record of DecisIOn <br /> <br />The Forest Service will work closely with the Army Corps of Engineers in assessing suitable sites on NFS <br />lands for wetlands compensation under the Clean Water Act, Section 404 permitting process, if necessary. <br />Coordination will also be required between the two agencies as this ROD stipulates that the Army Corps <br />of Engineers be invited to participate in review of construction plans for key areas. <br /> <br />Several items of coordination with the Colorado Division of Wildlife are also important. The first relates <br />to involvement in Forest Service review of construction and summer operating plans. I have viewed this <br />input as valuable in the past and would like for it to continue as the Aspen Highlands Ski Area is <br />developed. <br /> <br />The analysis in the EIS was based on the current permitted capacity of 4,500 SAOT. As disclosed in the <br />EIS, the limiting factor for skier numbers is the initial access capacity of the facilities. As a result of this <br />approval, the EIS estimates the ski area capacity at about 3,480 SAOr. Therefore, I am requiring that <br />the permitted capacity of the Aspen Highlands Ski Area be changed to 3,500 SAOT. Through this <br />decision. I am requiring that the Aspen Skiing Company make skier visitation figures available to the <br />Forest Service on a daily basis throughout the ski season. Some type of monitoring system will need to <br />be developed with the intent that when the daily number of skiers exceeds 3,500 SAOrs on ten (10) or <br />more days of the ski season, then a mutually acceptable strategy for limiting numbers will be jointly <br />devised and implemented. Any request to increase the approved capacity would trigger further <br />environmental review. <br /> <br />Frequent coordination between the Aspen Skiing Company and the Forest Service will be required as <br />construction plans are prepared. reviewed, and modified for the Aspen Highlands Ski Area development. <br />In addition. without setting any specific requirements, the drainage control and vegetation management <br />plans must be completed prior to the construction of any activities approved in the 1994 Decision Notice <br />and any activities approved in this Record of Decision. It is important that the MDP be updated to reflect <br />the long-range vision for the entire ski area. <br /> <br />FINDINGS REQUIRED BY OTHER LAWS <br /> <br />As Forest Supervisor, I am authorized to manage the White River National Forest in accordance with <br />applicable laws and regulations. This authority, which includes approval of special use permits for ski <br />areas. is delegated to me through agency policy described in the Forest Service Manual 1200. <br /> <br />RELEVANT LAWS AND REGULATIONS <br /> <br />I have considered the relevant laws and regulations including but, not limited to: the Organic <br />Administration Act of 1897; the Weeks Act of 1911; the Multiple Use-Sustained Yield Act of 1960; the <br />Forest and Rangeland Renewable Resource Planning Act of 1974; the Clean Air Act as amended; the <br />Clean Water Act; Protection of Wetlands Executive Order 11990; the Safe Drinking Water Act; the <br />Endangered Species Act; the National Historic Preservation Act of 1966, as amended; the Archeological <br />Resources Protection Act of 1979; the Native American Religious Freedom Act; and the National Forest <br />Management Act of 1976. In addition, I have considered relevant planning documents such as the Rocky <br />Mountain Regional Guide, the White River National Forest Land and Resource Management Plan, and <br />other documents incorporated by reference in the EIS. Furthermore, I have considered the effects <br />disclosed in the EIS and public comments received during the public involvement process. I have <br /> <br />Findings Required by Other Laws <br />Relevant Laws and Regulations <br /> <br />37 <br />