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6. The person proposed to be in charge of the project for the sponsors is Lawrence M. Hjermstad of <br /> Durango, Colorado,who provided adequate evidence of his qualifications of professional education in <br /> the field of conducting weather modification operations in the State of Colorado. § 36-20-112(g), <br /> C.R.S. (2010). <br /> 7. The CWCB held a public hearing on September 21 at the Vail Public Library. The public hearing was <br /> not more than one week following the completion of publication. The public hearing was attended in <br /> person by: CWCB staff member Joe Busto, Susan Schneider of the Colorado Attorney General's <br /> Office. § 36-20-112(2), C.R.S. (2010). <br /> 8. The proposed project is a"ground based winter cloud seeding"project intended to be operated from <br /> November 1st through March 31st of each year. § 36-20-104(2.5), C.R.S. (2010). <br /> 9. The proposed project is a commercial project and should be assessed a 2% commercial fee that will be <br /> paid to the CWCB at the end of each cloud seeding season. The commercial fee is 2%of the yearly <br /> contract between the Permit Holder and Project Sponsors. The commercial fee is used by the CWCB <br /> to maintain a permitting and monitoring program, fund studies,purchase equipment, and evaluate <br /> operations and their potential affects. § 36-20-113(1), C.R.S. (2010). <br /> 10. Based on the information in the proposed operational plan,testimony provided at the public hearing <br /> and the information and materials reviewed in the administrative record,the proposed weather <br /> modification operation: <br /> A. Is conceived to provide economic benefits to the area in terms of additional wintertime <br /> recreation opportunities, enhanced stream flow, enhanced reservoir storage and enhanced <br /> snowpack in the area where the operations will be conducted. § 36-20-112(3)(a), C.R.S. <br /> (2010). <br /> B. Is reasonably expected to benefit the people in the area where the operation will be conducted <br /> § 36-20-112(3)(b), C.R.S. (2010). <br /> C. Is scientifically and technically feasible § 36-20-112(3)(c), C.R.S. (2010). <br /> D. Does not involve a high degree of risk of substantial harm to land,people, health, safety, water <br /> rights or the environment § 36-20-112(3)(e), C.R.S. (2010). <br /> E. Includes adequate safeguards to prevent substantial damages to land property,water rights, <br /> people,health, or the environment § 36-20-112(3)(f), C.R.S. (2010). <br /> F. Will not adversely affect another weather modification project § 36-20-112(3)(g), C.R.S. <br /> (2010). <br /> G. Is designed to minimize risk and maximize economic benefits to the residents of the area. § <br /> 36-20-112(3)(h), C.R.S. (2010). <br /> FINAL DECISION <br /> 5 <br />