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Project 6188- Submittal 4-Past Permits

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Project 6188- Submittal 4-Past Permits ,/ Jt!J-o/ STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION #5 Re: Mt. Mansfield Company, Inc. Application 5L1338 dba Stowe Mountain Resort Environmental Board Rule 21 (A) 5781 Mountain Road Master Plan Review Stowe Vermont 05672 Partial Findings of Fact and Conclusions of and Law and Order State of Vermont · 10 V.S.A. Chapter 151 Department of Forests, Parks & Recreation 103 South Main Street Waterbury Vermont 05641 I. INTRODUCTION On April 16, 1999, Mt Mansfield Company, Inc., d/b/a/ Stowe Mountain Resort (S:MR) and the State of Vermont Department ofForests, Parks & Recreation (individually and collectively referred to herein as the "Applicant" as the context may require) filed application #5L1338 described as the review of a master plan for development to be bmlt-out over a ten to fifteen year period at the Stowe Mountain Resort located along Vermont Route 108 in the Town of Stowe, Vermont. The total involved project land will be· approximately 3,690 acres owned or leased by the Stowe Mountain Resort following a land exchange with the State of Vennont Department of Forests, Parks and Recreation. (See acreage analy~is in Applicant Exhibit 148). The Applicant's legal interest iii the land is either as lessee or owner in fee simple as descn"bed in deeds recorded in the Town of Stowe, Vermont. With this application, the Applicant is requesting a decision under the Environmental Board's Master Permit Policy and Procedure for Partial Findings ofFact originally adopted by Board pursuant to 10 V.S.A. 6086(b) and Environmental Board Rule 21 on February 25, 1998, and amended on March 29, 2000. The Applicant is seeking partial findings of fact and conclusions oflawwithrespectto itsmasterplan under 10 V.S.A. §6086(b). TheApplicantdoesnotseek a land use permit for construction at this time. II. JURISDICTION J~diction applies to this proposal pursuant to th~ provisions of 10 V.S.A §6001(3), 6081(a) and 6086(b) as well as Environmental Board Rules 2(A)(2) and (3), 2(G) and 21. •, ~ ... : Findings of Fact 5L1338 Page2 / I m. PROJECT OVERVIEW On Schedule A of the application, SNIR. estimated the total construction cost of the master plan buildout would be approXllllately $150 million. [Applicant Exhibit 4]. Following an economic analysis of the.project undertaken by an independent consultant retained by the District Commissio~ who employed updated information provided by SMR, it was determined that revised estimated. construction costs will be closer. to $220 million. (District Environmental Commission Exhibit 1)* The project is premised in part on a planned land exchange with the State Q{ Vermont. Based on: representations made to thls Commission by the Applicant in this proceeding and in a related proceeding (Application #5Ll347: construction of a replacement state campground) S:MR will convey 1138 acres to the state, including 46 +/- acres along Vermont Route 108 in Stowe, Vermont and, in return, the state will convey a total of 140 acres to S~ including the existing state campground presently located on Route 108 adjacent to the parking lot at the base of Spruce Peak. In short, under the plann~d exchange, S:MR will convey 998 net acres to the State of Vennont. [Applicant Exhibits 81 & 115] Orfainal Master Plan Proposal t) The Applicant's m~erplan consists of five (5) 9ompon~nts. The original application included a mixed use development at the base of Spruce Peak (the "Spruce Hamlet"}, an 18-hole golf course, 36 residential lots adjacent to the golf course, a snowmaking pipeline to Waterbury Reservoir:, a new water storage resenroir (the "Tom Lot Pond") multiple on-mountain improvements, and a 30 lot residential subdivision and Inn expansion located near the start of the Toll Road off Vermont Route 108. Modified Master Plan Proposal Follo~ing the commencement ofDistrict Commission hearings in August 1999 on the master plan, the Applicant filed a Settlement Agreement dated June 13, 2000 {"Settlement Agreement"), by aIJ.d among the Conservation Law Foundation (CLF), the Vermont Naturalllesources Co~cil (VN.RC), the Vermont Public Interest ResearctGroup (VPIRG), and the Regional Impact Pure Water Protective League (RIPPLE) (collectively, "Intervenors") and Mt. Mansfield Company, Inc., d.b.a. Stowe Mountain Resort (SMR). [Applicant Exhibit No. 150] The Settlement Agreement describes in detail a "Modified Project" * The Applicant pai4 a fee oUIS,000 with its master plan application filing, according to the provisions of io V.S .. A. 6083a(5) [Applicant Exhl"bit 4 and See Applicant Exhibit 37] Given the clarified estimate of anticipated construction costs, the fee paid at the time of the master plan application filing is not the :full amount which would have been otherwise calculated. As the build-out of the master plan proceeds, it will be important for the· Applica· • and District Commission staff to devise ·a process and recordkeeping system ensuring that appropriate fees are p~ .I) consistent with statutory requirements and the analysis provided at pages 4-5 ofDEC Exhibit 1 Findings of Fact 5L1338 Page3 The ''Modifi~d Project" represents a 26% reduction in the number of proposed lodging units (dropping from 575 to 423 dwelling units*) from the original plan and cancellation of the 36 lot residential subdivision adjacent to the golf course and the 30 lot residential subdivision along the Toll Road. Other significant changes include reconfiguration of the golf course, addition of a golf course pond for use as a snowmaking reservoir, a potential new snowmaking water withdrawal location on the West Branch of the Little River at the confluence with Ranch Brook (an area called Stowe Forks), upgrade of the ~xisting West Branch intake, and an increase in the acreage to be·placed in conservation from 1,092 to 1,938.7 acres. Finally, SMRhas indefinitely postponed the.proposal to construct a.pipeline to the Waterbury Reservoir. [See Applicant Exhibits 115,145150 and 157]. -Project Phasing In accordance with the Environmental Board's Master Permit Policy and Procedure for Partial Findings of Fact, the Applicant seeks partial Findings of Fact and Conclusions of Law with respect to the c'Modified Project''. In order for 'ili:e District Commission to issue land use permits authorizing construction approval for specific phases of the ''Modified Project", final positive Findings of Fact and Conclusions of Law must be made under all criteria for that particular phase at such time as amendment applications are reviewed. The District Commission understands the Appliqant intends to apply for a land use pennit covering Phase I of the Modified Project that will at a minimum seek authorization t9 construct the following components and related improvements: a Upgrade of the existing West Branch water withdrawal facility. b. Construction of the proposed Tom Lot Pond. c. Construction of the proposed Golf Course, including the Golf Course Pond. d. Construction of at least 100 units in the Spruce Ham.let. e. Excavation of the proposed gravel pit, construction ofa proposed access road, use of an old gravel pit as a processing area, and subsequent restoration. f. Construction of proposed trails, lifts and snowmaking facilities at Spruce Peak, including a transfer lift between the Mansfield and Spruce base areas and crossing over Vermont Route 108. IV. DESCRIPTION OF MODIFIED PROJECT'S COMPONENTS The "Modified Project" consists of .five project components as follows: (I) the Spruce Hamlet, (2) the Spruce Golf Course, (3) Storage Reservoirs, (4}Mountain Improvements, and (S) Toll House Area Improvements. The Applicant seeks Master Plan review for each of these components, and each of the components will be described here. * For a discussion of the use of the· terms "llilits" and "dwelling units", see the Applicant's footnote contained in the body of general finding #1 below in the body of this decision. Findings ofFact 5Ll338 Page4 Spmce Hamlet The Spruce Hamlet will consist of retail establishments and up to 400 dwelling units in a mix of hotel and condominium structures at the base of Spruce Peak and on the former State campground site. The 400 dwelling units will be divided between two areas identified and depicted in the Settlement Agreement documents as Area H and Area S. Area H is the largest of the two proposed development areas at the b~ ofSpruce Peak, and includes the existing Spruce Lodge and parking lot Area S is situated on the east side of the lower ski trails of Spruce Peak, and shares a common boundary with the northeast comer of Area H. Of the 400 dwelling units ·proposed for these two development areas, no more than 50 units will be located in Area S. The units will be situated so that guests will have direct access to the ski area without using their vehicles. A new Spruce Base Lodge is planned to include 38,000 square feet of day skier services. Retail uses (not to exceed 1,500 square feet) will be allowed in and ancillary to the proposed Mt. Mansfield Club building. Overall, there will. be a total of approximately 70,000 square feet of retail space throughout the Spruce Hamlet area (See general finding #1 below). The Spruce Hamlet also encompasses related improvements such as a village green and pedestrian plaza, tennis co·urt, landscaping features, parking lots, underground parking facilitie ·. ·· , .• and roadways. [See Applicant Exhibit 28] The Applicant is seeking posittvefindings offact and conclusions oflawfar the Sprnce Hamlet with respect to the following Act 250 criteria: 1(.A iT Pollution), 1(C) (Water Conservation), l(D) (Floodways), l{E) (Streams), l(F) (Shorelines), l(G) (Wetlands), 4 (Soil Erosion), 5 (Transportation), 8 (Natural Areas only), 8(A) (Wildlife Habitat and Endangered Species), 9(B) (Primary Agricultural Soils), 9(C) (Forest and Secon~ Agricultural Soils), 9 (D) (Earth Resources), 9(E) (Extraction of Earth Resources), 9(F) (Energy Conservation), 9(G) (Private .
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