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2. Required Permits, Licenses, Grants or Authorizations a. On-site Actions There are many federal, state, and local laws and regulations which affect development and operation of the Snowmass Ski Area. ASC is required by its Special Use Permit to comply with all present and future state and local laws, ordinances or regulations which are applicable to the area or its operations, to the extent that they are not in conflict with federal law or policy. The Forest Service assumes no responsibility for enforcing laws, regulations or ordinances which are under the jurisdiction of other governmental bodies. Nor is the agency bound by the actions of the Town of Sn()wmass Village or pitkin County in reviewing/approving proposed development on NFSL. A new special use permit will be issued by the Forest Supervisor to ASC to guide development within the permit area, pursuant to the approved Master Development Plan (MOP). In addition to a new special use permit, implementation will require the federal, state and local permits discussed below. This is not an exhaustive list; other permits may be required depending upon the specific developments pursued and regulatory changes. Impacts to waters of the U. S., including wetlands, are regulated by COE in accordance with Section 404 of the Federal Clean Water Act of 1977. COE has indicated that a single, phased Section 404 permit, rather than separate permits, for the discharge of dredged or fill materials into wetlands and other waters of the U.S. will be required for both development on NFSL and for connected actions occurring on private land, including the East Village lift, parking lot and trails. Recently enacted (September 1993) regulations modify the COE definition of "discharge of dredged material II to include excavation activities. Any addition of dredged materials into waters of the U. S., including incidental discharges associated with mechanized land clearing, ditching, channelization, or other excavation would trigger Section 404 requirements. Executive Order 11990 (May 24, 1977) requires the agency to minimize destruction, loss ()r degradation of wetlands and to preserve and enhance the natural and beneficial values of wetlands (FSM 2500). The authorized MDP components generally avoid impacts to identified wetlands. The mitigation measures also identify opportunities to avoid or reduce impacts on awetland-by-wetland basis. The analysis of the range of alternatives, however, is not intended to be a Section 404 permitting process. The range of alternatives assessed in a NEPA document serves a very different function than the alternatives for non-water dependent activities in Section 404 (b) (1) . The responsibility to obtain required 404 permits rests solely with the permittee. The 404 permitting process must be completed prior to implementing any authorized actions that could affect wetlands. A Section 401 Water Quality certification from the State of Colorado, Department of Health, Water Quality Control Division, would be required in conjunction with Section 404 permits obtained from COE. The Spring Creek, West Fork Brush Creek, East Fork Brush Creek, and Snowmass. Creek watersheds are designated as "Reviewable Waters" (Segment 3 - Roaring Fork River) subject to Section 401 anti- degradation review. The Mainstem Brush Creek is designated "Use Protected" (Segment 4 - Roaring Fork River) and is not subject to anti-degradation review. Construction activities on NFSL, including clearing, grading, excavation and other ground disturbance activities, will require construction Stormwater Discharge Permits from the Colorado Department of Health, Water Quality Control Division. A Stormwater Management Plan will be required, as part of each permit, to identify potential sources of pollution from stormwater discharges associated with construction activities and the mitigation measures to be implemented. Page . 26 RECORD OF DECISION