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

• Develop an augmentation plan that ensures that any water depletions to Two Elk Creek
will be augmented instantaneously from Vail's existing water storage facilities within the
upper Eagle River water~shed~.
• Cooperate with the Colorado ~Vatef Conservation Board ~CWBC} to determine a
pumping scenario that ensures protection of their water right for instream flows in Two
Elk Creek;
• Update the analysis of the effects well pumping on Two Elk Creek to reflect the final
well location and observed well performance. Based on the updated analysis, develop a
final pumping scenario that minimizes impacts to Two Elk Creek by limiting the duration
of daily of pumping periods. Provide the final analysis and pumping scenario to the
USFS.
• within any snowmaking season, limit total water use from the Teacup Bowl snowmaking
to one acre foot, and end all pumping from the well by January 15~.
This action is categorically excluded from documentation in an environmental impact statement
ar an environmental assessment because this action is limited in context relative to the project
area and will not directly, indirectly, or cumulatively contribute significant effects to the land in
and around Vail Mountain. A Biological Assessment l Evaluation has been prepared and due to
the depletion of water within the Colorado River Basin, it is determined that the proposed action,
"May Affect, and is Likely to Adversely Affect" the f~aur Endangered big river fish; as well as,
"May Adversely Impact Individuals, but would Nat Likely Result in a Loss of Viability in the
Planning Area, Nor Cause a Trend Toward Federal Listing" for Colorado River cutthroat trout.
In March, X000, Vail Associates, Inc. entered into a Recovery Agreement with the U.S. Fish and
wildlife Service to implement the Recovery Implementation Program for Endangered Fish
Species in the Upper Colorado River Basin.
Pursuant to Section 7 ~c}, of the Endangered Species Act (50 CFR 402.14}, the U.Se Fish and
Wildlife Service has been formally consulted and a Biological opinion has been issue. The
Service has concluded that this project meets the criteria to rely upon the Recovery and
Implementation Program Recovery Action Plan to offset depletion Impacts and is not likely to
jeopardize the continued existence of Colorado River cutthroat trout and is not likely to destroy
or adversely modify designated critical habitat.
Upon review of the project record, I have determined this action may be categorically excluded
from documentation in an EA or EIS under FSH 1909.15, Section 31.2, Category 3 - "Approval,
modification, or cor~tinuatior~ of minor special uses of rational Forest S~sten~ Lands that ~~equire
less than five corztiguaus acres of land. "
The categorical exclusion is apprapr~iate in this situation because there are no extraordinary
circumstances potentially having effects which may significantly affect the environment. I
considered the following circumstances in my evaluation:
• No potentially significant impacts were found to Federally listed threatened or
endangered species or designated critical habitat, species proposed for Federal listing ar
proposed critical habitat, or Forest Service sensitive species.
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