24 ‎(3)‎

• Board Meeting Date: 5/21/2008
• Description: ISF Section - Injury with Mitigation - Case No. 5-07CW210; Application of Vail Associates, Inc. and the U.S. Forest Service
• Board Meetings - Doc Type: Memo

Linda J. Bassi April 29, 2008
Page 8
Detailed description of the proposed mitigation
Pursuant to the hydrologic analysis detailed above and consultation with the U.S. Forest
Service, CWCB staff and the Division of Wildlife, the measures listed below will provide
mitigation that will enable the CWCB to continue to preserve or improve the natural
environment of Two Elk Creek to a reasonable degree.
1. The operation of the Tea Cup Bowl Well shall be limited to a maximum annual
diversion of one acre-foot per year during the period beginning on November 1 St and
ending on December 31St. Termination of well pumping on or before December 31St
will assure that instream flows in Two Elk Creek return to natural flow conditions prior
to the critical low flow period which typically occurs in February and early March.
2. During operation of the Tea Cup Bowl Well, pumping will be limited to 10 hours of
operation per 24 hour day. Each 10 hour pumping period will be followed by 14
hours with no well pumping. Intermittent 10 hourdaily pumping with alternating 14
hour recovery periods will effectively buffer any impact on Two Elk Creek due to the
delayed impact of well pumping on streamflows.
3. VA agrees to construct three stream habitat improvement structures in Two Elk
Creek at suitable locations within the stream reach extending from the confluence of
the Tea Cup tributary drainage downstream for a distance of 300 yards. These
structures will be designed to create new pools, enhance existing pools, or deepen
the channel so as to improve the hydraulic conditions of the stream forfish habitat
during periods of low streamflows. The design and construction of the stream habitat
improvement structures will be conducted in consultation with the Division of Wildlife
and subject to approval by the U.S.D.A. Forest Service and the U.S. Army Corps of
Engineers.
4. So long as VA utilizes the Tea Cup Bowl Well, the stream habitat improvement
structures referenced in paragraph (3) above will be maintained by VA as
improvements to stream habitat in Two Elk Creek. The CWCB and the Colorado
Division of Wildlife shall have the right of access to the area for the purpose of
inspecting the stream habitat improvement structures.
Statement of how the proposed mitigation will enable the Board to continue
to preserve or improve the natural environment of the affected stream to a
reasonable degree
The U.S. Forest Service has conducted a biological evaluation and biological
assessment to evaluate potential impacts of the proposed Tea Cup Bowl Well on
sensitive and endangered species. Based upon this evaluation, the Forest Service East
Zone Fisheries Biologist characterized the Two Elk Creek fish and macroinvertebrate
communities as "robust" and concluded that the proposed well and snowmaking
operations would not result in a measurable change in habitat for the Colorado River
cutthroat trout (Healy 2007). The Fisheries Biological Evaluation and Decision Memo
documenting the Forest Service approval of the Tea Cup Bowl Well is included in this
proposal as Attachment A.
AMEC Earth and Environmental, Inc.