HomeMy WebLinkAbout2023-06-06 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.)
1.1 Citizen Participation
2.Any action as a result of executive session
3.Recognition
3.1 Resolution No. 21, Series 2023 Adopting the Peer Resort
Exchange Agreement and Memorandum of Understanding
Between the Town of Vail, Colorado, and St. Anton Am
Arlberg, Austria
5 min.
Adopt Resolution No. 21, Series 2023 and Memorandum of
Understanding with St. Anton am Arlberg.
Presenter(s): Kim Langmaid, Mayor
Background: Following the trip taken by a Vail delegation in
March 2022 to Switzerland and Austria, the Town resolved to
form a peer resort relationship with St. Anton am Arlberg. This
resolution memorializes the peer resort exchange agreement
with St. Anton am Arlberg at the time of their visit to Vail.
4.Proclamation
4.1 Proclamation No. 7, Series of 2023, Recognizing National
Pollinators Month and the Educational Efforts of the Betty
Ford Alpine Gardens
5 min.
Read proclamation into record.
Presenter(s): Betty Ford Alpine Gardens
Background: June 19th-25th, 2023 is National Pollinator Week.
This is an annual event celebrated internationally in support of
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually via Zoom
Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_fFseoUJ2TAmAeDrwalsXKQ
6:00 PM, June 6, 2023
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding
town services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Citizen Participation.pdf
Resolution No. 21, Series 2023 and MOU - St. Anton.docx
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pollinator health.
4.2 Proclamation No. 8, Series of 2023, Recognizing the
Month of June, 2023 as Lesbian, Gay, Bisexual,
Transgender, and Queer (LGBTQ+) "Pride Month"
5 min.
Read proclamation into record.
Presenter(s): Kim Langmaid, Mayor
5.Appointments for Boards and Commissions
5.1 Vail Local Licensing Authority (VLLA) Appointments 5 min.
Motion to reappoint Bryce Bastolich and Bob McKown to serve
on the Local Licensing Authority for a two year term ending
May 31, 2025.
Presenter(s): Kim Langmaid, Mayor
6.Consent Agenda (5 min.)
6.1 Resolution No. 22, Series of 2023, A Resolution Approving
an Amended Operating Plan and Budget of the Vail Local
Marketing District, for its Fiscal Year January 1, 2023
through December 31, 2023
Approve, approve with amendments, or deny Resolution No.
21, Series of 2023.
Background: Please see attached memo.
6.2 Resolution No. 24, Series of 2023, A Resolution of the Vail
Town Council Approving Contract Amendment Number
One between the Town of Vail and the Colorado
Department of Human Services Behavioral Health
Administration
Approve, approve with amendments, or deny Resolution No.
24, Series of 2023.
Background: Please see attached memo.
6.3 Contract Award to Rocky Mountain Custom Landscape for
2023 Turf Grass Reduction Project
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Rocky Mountain
Custom Landscape for the 2023 Turf Grass Reduction Project,
not to exceed $180,244.82.
6.4 Letter of Support for the USDA Composting and Food
2023-07 Pollinator Month BFAG Proclamation_.docx
Proclamation #8 Pride.docx
Staff Memorandum for Resolution No. 22
Presentation for Resolution No. 22.pdf
Resolution No. 22, Series of 2023
OBHgranttocouncil.docx
Resolution No 24 2023 - CDPHE.docx
23_IBEH_174376_-_Am_1_(182564)_-_Town_of_Vail_-_BHAS_-_CoResponder.pdf
2023 Turf Grass Reduction Project Contract Award - TC Memo 6.6.23.pdf
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Waste Reduction (CFWR) Pilot Program Grant Application
for the Avon-Vail Commercial Composting Pilot Program
Approve, approve with amendments, or deny the letter of
support.
Background: The Town of Avon and Town of Vail aim to jointly
secure up to $400,000 in USDA grant funding to launch a two-
year regional commercial composting pilot program that aims
to divert organic waste from local restaurants, generate high-
quality compost, reduce greenhouse gas emissions, promote
an environmentally sustainable regional economy, and
contribute to the Eagle County’s Climate Action Plan goal of
diverting 80% of organic materials currently sent to landfills by
2030.
Staff Recommendation: Staff requests the Vail Town Council
to provide a letter of support for the USDA Composting and
Food Waste Reduction (CFWR) grant application for the Avon-
Vail Commercial Compost Pilot Program.
7.Town Manager Report (10 min.)
7.1 Town Manager Report
7.2 Council Matters and Status Report
8.Action Items
8.1 Ordinance No. 12, Series of 2023, First Reading, An
Ordinance Making Budget Adjustments to the Town of
Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Housing Fund, Dispatch Services
Fund, and Residences at Main Vail Fund of the 2023
Budget for the Town of Vail, Colorado; and Authorizing
the Said Adjustments as set fort herein; and Setting forth
Details in regard thereto.
20 min.
Approve, approve with amendments, or deny Ordinance No.
12, Series of 2023 upon first reading.
Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager
and Carlie Smith, Director of Finance
Background: Please see attached memo.
9.Public Hearings
9.1 A Rehearing of an Appeal, Pursuant to Section 12-3-3 of
the Vail Town Code, in Case # DRB22-0035, a Residential
20 min.
Avon-Vail_Commercial_Composting_USDA_Grant_Memo_060623-_Final.docx
Attachment_A-_Letter_of_Support-_Avon-
Vail_Commercial_Composting_USDA_Grant.pdf
Attachment_B-_Avon-Vail_Commercial_Composting_Pilot_Program.pdf
Town Manager Update 060623.docx
Priority Vail Town Council Goals for 2023.docx
230606 Matters.docx
Stafff Memorandum - Ordinance No. 12, Series 2023
Ordinance No. 12, Series of 2023
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Project Located at 3070 Booth Creek Drive, Vail Village
Filing No. 11, Block 3, Lot 7, and Setting Forth Details in
Regards Thereto. (TC22-0002). Appellant: Reggie D.
Delponte Residence Trust No. 1 and Reggie D. Delponte
Residence Trust No. 2 - Resolution No. 23, Series of 2023,
Making Findings on the Appeal of DRB22-0035,
Concerning a Residential Project Located at 3070 Booth
Creek Drive, Vail, Colorado, and Upholding the Decision of
the Design Review Board, Without Conditions of Approval
Action Requested. Approve Resolution No. 23, Series 2023
Presenter(s): Greg Roy, Senior Planner & Matt Mire, Town
Attorney
Background: The applicant requested Design Review Board
approval of an addition to the residence on the applicant’s
property. On March 2, 2022, the DRB approved the application
with one condition of approval, that the applicant shall remove
all encroachments on the adjacent Town owned stream tract.
On March 7, 2022, the applicant filed an appeal to the Town
Council of the DRB's condition of approval. On May 3, 2022,
the Town Council heard the appeal, and on May 17, 2022, the
Town Council upheld the DRB's decision, but slightly modified
the condition. The applicant appealed the Town Council's
decision to the Eagle County District Court, and the District
Court remanded the case to the Town Council with direction to
remove all conditions concerning the applicant’s requirement
to remove encroachments form Town property.
9.2 Ordinance No. 11, Series 2023, Second Reading, An
Ordinance of the Town Council Amending Section 1-5-
11(A)(1) of the Vail Town Code Regarding Meetings of the
Town Council
5 min.
Approve, approve with amendments, or deny Ordinance No.
11, Series 2023 upon second reading.
Presenter(s): Matt Mire, Town Attorney
Background: The Town wishes to update the Town Code
regarding the meetings of the Town Council.
10.Adjournment 7:30pm (estimate)
Resolution No 23, Series 2023 - Delponte Appeal.docx
Gore-Creek-Strategic-Action-Plan.pdf
ExecutiveSummary of WQIP 2013.pdf
Vail_SWPP_Final_PublicVersion_20220201.pdf
Council Meetings-O051123.docx
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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From:Jim Lamont Yahoo
To:Kim Langmaid; Council Dist List; Russell Forrest; Matt Gennett; Stephanie Bibbens
Subject:VHA/JFL/TOV: Please include the attached letter as a Citizen Participation agenda item at the 06/06/23 Evening
Meeting of the Vail Town Council. Please acknowledge receipt. Thank you.
Date:Tuesday, June 6, 2023 9:59:56 AM
Attachments:VHATOVLTR366HRR060623Final.pdf
The letter addresses issues associated with 366 Hanson Ranch Road.
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VAIL HOMEOWNERS ASSOCIATION
June 6, 2023
Town of Vail
Mayor Kimberly Langmaid
75 South Frontage Road West
Vail, Colorado 81657
Dear Mayor Langmaid and Town Council Members,
The Vail Homeowners Association desires to bring to your attention that unauthorized work has
occurred at 366 Hanson Ranch Road. Exterior site preparation has taken place that appears to
be out of compliance with Town of Vail approvals and permitting for tree removal,
landscaping and related improvements. Likewise, the work is out of compliance with
standards for landscaping and related improvements concerning protective covenants for open
space Tracts E and D-1 of the Vail Village 5th Filing.
VHA respectfully requests that the Town of Vail restore compliance with applicable Town of
Vail and protective covenant landscaping and improvement standards for the areas of Tracts E
and D-1, Vail Village 5th Filing associated with 366 Hanson Ranch Road.
Please advise VHA as to what actions are being taken to bring the unauthorized work into
compliance.
Thank you.
Sincerely,
Pamela Stenmark
President
Post Office Box 238 Vail, Colorado 81658
Telephone: (970) 331-2099 Email: vha@vail.net Website: www.vailhomeowners.com
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From:Joanna Kerwin
To:Council Dist List
Subject:ERWSD - approving the use of ROUNDUP to kill turf...along our rivers
Date:Tuesday, June 6, 2023 7:56:19 AM
Good Morning-
I am writing to you today as a concerned citizen... not as Edwards Metro District or
Mountain Rec Board Member.
Eagle River Water and Sanitation District (ERWSD) has a TURF Rebate Program in place
to reduce the amount of turf in our community. For each square foot of turf removed the
ERWSD will rebate a $1 and the State of Colorado will also contribute a $1. Totalling $2 a
square foot.
At first glance it looks like a good program. After learning more about the Turf Rebate
Program I think it was not well thought out. It is focusing ONLY on water conservation. The
program does not look at the big picture of the impacts to our watershed, rivers, wildlife,
and community.
An unintended consequence of the Turf Removal Program is that toxic chemicals
(ROUNDUP) are being used along our rivers.
ERWSD approved 21,400+ square feet of turf to be killed using ROUNDUP along the river
in Edwards at the Reserve. The Reserve will receive $42,800 for using ROUNDUP.
May 23, 2023 I spoke with a Member of The Reserve HOA Board and she confirmed they
just sprayed 21,400 + square feet of grass with ROUNDUP (photos attached).
May 25, 2023 I spoke at the Water Authority Board Meeting at 8:30AM and again at the
ERWSD Board Meeting at 12:00 noon. Their decision was to have “The Joint Water
Conservation Committee” (two members from the Authority and two members from the
District) make a recommendation to the Boards. They basically kicked the decision down
the road while 10’s of thousands of square feet of turf is being sprayed with Roundup. I
expected more from both boards. I thought they would have made the decision to stop
using toxic chemicals.
June 1, 2023 I attended the State of The River meeting at CMC. ERWSD spoke about
water conservation. They skipped over the turf rebate program use of toxic chemicals.
During your work session today I hope this topic is discussed.
I am extremely concerned that ERWSDis rewarding people financially for using toxic
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chemicals in our community. ERWSD is currently reviewing Turf Removal Programs for
The Lake Creek Apartments,The Villas At Brett Ranch and another dozen large HOAs in
our community.
The current program the ERWSD has in place does not have any safeguards in place to
protect the health of the whatshed, the Eagle River, wildlife, and our community.
My request to the Vail Town Council is that you request ERWSD to stop approving the use
of ROUNDUP or any toxic chemicals in their Turf Removal Program.
Thank you for your consideration.
Joanna
--
Joanna P. Kerwin
970-471-1852
joannapkerwin@gmail.com
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From:Ali Noorzad
To:Council Dist List
Subject:Regarding Altus Vail and Deed Restricted Housing
Date:Monday, May 22, 2023 11:02:02 AM
Dear Town Council,
My name is Ali, and I’m currently an orthopaedic surgeon, completing sports medicine fellowship
training at The Steadman Clinic. I am joined by my wife Salma, and three little kids Zara (age 5),
Sami Dean (age 3), Aliya (6 months of age).
Upon moving to Vail, we signed a 1-year lease agreement with Altus Vail, a condominium complex
that offered several deed-restricted housing units reserved for employees of the town of Vail. A
contingency for the development of Altus Vail, was that the developer provide deed-restricted
housing for Vail locals to combat the inventory shortage and price surges the town labor staff has
experienced. At the time of signing, we were ensured that an addendum could be added to allow an
extension on the lease with a duration of our choosing.
On January 2nd 2023, my wife and I received an email from property owner Peter Carlson,
requesting we sign a lease addendum. He indicated that the Town of Vail Housing Department was
requiring that Peter Carlson restrict leases to a maximum of 6 months. The addendum also indicated
a lease termination date of June 30, 2023 (instead of the prior agreed upon date of July 14, 2023),
however, he reassured us that the leases could be renewed an unlimited number of times in 6 months
increments.
Upon signing the addendum, we later received an email from Peter Carlson indicating that we no
longer had the option of lease renewal, that the units were being sold off, and that my wife and 3
kids are to vacate the units by June 30, 2023 without compromise.
Upon review of the city records from the recent deed restriction audit that was performed, it was
noted that all 15 units were not in compliance with the deed restriction requirements. Whether or not
this lack of compliance had any effect on the decision to permit sale of deed restricted units at Altus
is unknown to myself and neighbors. However, in addition to myself, every neighbor I’ve spoken
with has submitted all the requested information per Vail deed restriction compliance.
I rented at Altus with reassurances and promises. I was told these units were never to be sold. I was
told I could renew the lease without issue. I ask that you revoke any permission to sell units that are
currently occupied by the hard-working locals of this city.
Sincerely,
Ali
Ali S. Noorzad, MD
Orthopaedic Surgery Sports Medicine FellowThe Steadman ClinicSteadman Philippon Research Institute181 West Meadow Drive, Suite 1000Vail, CO 81657
856.397.6057
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From:Mike Beltracchi
To:PublicInputTownCouncil
Subject:Weekend mornings in Lionshead
Date:Tuesday, May 30, 2023 7:53:45 AM
Attachments:PastedGraphic-1.tiff
As part of the Vail Comedy Festival this past weekend, there was an outdoor performance by a
magician in Lionshead from 11 am - 12 pm on Saturday and Sunday. There were 75 - 100 people
at the event each day. As I was watching the shows, I thought it would be great if the the Town of
Vail could offer a live, family oriented performance every Saturday and Sunday at 11 am at the
Sunbird Park in Lionshead. It doesn’t have to be expensive or elaborate, just an interesting and
entertaining activity for families.
Mike Beltracchi
Director of Marketing
mike@vailinternational.com
970-471-3519 direct
970-476-5200 property
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:June 6, 2023
TIME:5 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Resolution
AGENDA SECTION:Recognition
SUBJECT:Resolution No. 21, Series 2023 Adopting the Peer Resort
Exchange Agreement and Memorandum of Understanding
Between the Town of Vail, Colorado, and St. Anton Am Arlberg,
Austria
SUGGESTED ACTION:Adopt Resolution No. 21, Series 2023 and Memorandum of
Understanding with St. Anton am Arlberg.
PRESENTER(S):Kim Langmaid, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 21, Series 2023 and MOU - St. Anton.docx
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RESOLUTION NO. 21, SERIES OF 2023
A RESOLUTION ADOPTING THE PEER RESORT EXCHANGE AGREEMENT
AND MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF VAIL,
COLORADO AND ST. ANTON AM ARLBERG, AUSTRIA
WHEREAS, the Town of Vail Council is interested in the activation of its peer resort
exchange programs and relationships with other similar mountain resort communities to
provide a platform that encourages the bilateral exchange of information, establishes
cooperation and collaboration on relevant resort and community initiatives, and presents
opportunities to exchange experiences related to the important topics of sustainability,
tourism, municipal services, culture, and community.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. The Town of Vail, Colorado and St. Anton am Arlberg, Austria shall henceforth as
mutually agreed upon, create an official peer resort exchange (also known as sister
city) relationship for the purpose of strengthening the friendship and developing
collaborative activities related to sustainability, tourism, municipal services, culture,
and community exchange programs.
2. To memorialize such cooperation and agreement to the Town Council hereby
approves and adopts the Peer Resort Exchange Agreement and Memorandum of
Understanding attached hereto as Exhibit A, which both will go into effect upon the
date of the execution by the Town of Vail Mayor and by the appropriate official of St.
Anton am Arlberg, Austria.
3. The resolution shall take effect immediately upon its passage.
INTRODUCED, READ, AND ADOPTED on this 6th day of June, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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PEER RESORT EXCHANGE AGREEMENT
BETWEEN THE CITY OF ST. ANTON AM ARLBERG, AUSTRIA
AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA
The City of St. Anton Am Arlberg, Austria and the Town of Vail, Colorado,
United States of America, herein and after referred to as “the Parties”;
CONSIDERING their interest to strengthen the friendship ties and cooperation
that join both Parties;
ACKNOWLEDGING that the municipalities have the intention to develop
collaborative activities, under the law provisions of the United States of America and Austria,
with particular attention given to the terms identified in Article II, related to tourism, marketing,
sustainability, municipal operations, events, arts and culture, and education;
DECLARING their decision to strengthen their relationship of collaboration
through the proper legal channels;
CONVINCED of the importance of establishing mechanisms that contribute to the
development and strengthening of bilateral cooperation, as well as the necessity to execute
projects and actions that are effective in the economic and social development of both Parties;
Have agreed the following:
ARTICLE I
Objective
The objective of the Agreement is to formalize the peer resort exchange between
the City of St. Anton am Arlberg, Austria and the Town of Vail, Colorado, United States of
America, to encourage bilateral cooperation, to intensify common efforts, and to exchange
experiences and the execution of common activities that contribute to the development of both
municipalities.
ARTICLE II
Areas of Cooperation and Modalities
To reach the objective of the Agreement, the Parties are committed to explore and develop
cooperative projects, specifically directed, but not limited to the following areas:
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a) Education: Encourage the local school boards to share educational programs and
systems. Encourage the development of student exchange programs between cities.
b) Cultural Exchange: Promote cultural, artistic, and sports exchanges to advance the
understanding and enjoyment of each city’s cultural attributes, traditions, and heritage.
c) Promotion of Tourism: Each Party will promote the other Party through their
corresponding information office and/or the local tourism office, to make people aware of
the peer resort relationship.
d) Environmental Cooperation: Both Parties will share best practices to promote
sustainable development, promoting pollution prevention policies and practices, and
encourage environmental education and research.
e) Any other Area of Cooperation that the Parties agree upon.
ARTICLE III
Final Provisions
The Agreement shall enter into effect upon the date of its signature and shall
remain in effect for a period of one (1) year from the date of its signature and automatically
renew for successive one-year periods, unless either party provides notice to the other of its
intent to terminate the agreement not less than thirty (30) days before the end of the then
current period.
(The Parties) hereby conclude a Memorandum of Understanding to promote
specific exchange programs based on the agreement.
Signed in the Municipality of _________________ on this _____ day of
_________, 2023 in two original and official copies in the English language.
TOWN OF VAIL ST. ANTON AM ARLBERG
STATE OF COLORADO AUSTRIA
_______________________________ _______________________________
Kim Langmaid, Mayor Helmut Mall, Mayor
____________________________ _____________________________
Stephanie Bibbens, Town Clerk Attest
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PEER RESORT EXCHANGE
MEMO OF UNDERSTANDING (“MOU”)
BETWEEN THE CITY OF ST. ANTON AM ARLBERG, AUSTRIA
AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA
The City of St. Anton am Arlberg, Austria and the Town of Vail, Colorado, United States of
America (hereafter referred to as “Parties”) hereby agree to the following as part of an
international mountain resort community agreement, also known as a peer resort exchange,
promoting exchanges between the two Parties.
ARTICLE I
Competence
The Parties commit themselves to carry out the modalities of cooperation,
referred to in Article II of the Memo of Understanding (“MOU”) in accordance with their
respective authorities and subject to the political and economic laws and regulations of their
respective Governments.
ARTICLE II
Annual Action Programs
In order to achieve the objectives of the MOU, the Parties agree to formulate,
through prior discussion, Annual Action Programs (AAP), which shall become an integral part of
the MOU once they are formalized.
The AAP shall be integrated with specific projects of activities, and which must
reference each of the following aspects:
a) Objectives and activities to develop;
b) Work agenda;
c) Profile, quantity, and duration of the assigned personnel;
d) Responsibility of each Party;
e) Assignment of materials, personnel, and financial resources;
f)Evaluation mechanism; and;
g) Any other necessary information.
The enforcement of this MOU is not conditioned by the Parties to establishment
of AAP in all the modalities of cooperation listed in paragraphs a) to e) of Article II, nor are the
obligated to collaborate in those activities where internal prohibitions exist, derived by law,
institutional normative, or customs.
The legal representative of each Party shall meet annually in person or at least
hold one yearly telephone conference in order to evaluate the results derived from the MOU and
to propose new guidelines for the development of projects of mutual interest.
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The Parties shall produce progress reports of achievements based on the MOU
and shall communicate them to their corresponding government officials, as well as the bilateral
departments in charge, as determined by mutual MOU.
Both parties will make their best efforts to formulate the first AAP within one
hundred and eighty (180) business days after the signing date of the MOU.
ARTICLE III
Additional Collaboration Proposals
In addition to AAP referred to in Article II of the MOU, each Party may formulate
additional collaboration proposals, as they arise during the implementation of activities
predetermined through the AAP.
ARTICLE IV
Coordination and Follow-Up Mechanism
In order to establish a mechanism and criteria for the coordination, supervision,
and evaluation of the activities carried out under the MOU, as well as to assure the best
conditions for its execution, a Working Group, integrated by representatives of both Parties,
shall be established, and coordinating each Parties activities the following areas:
On behalf of St. Anton am Arlberg, Austria, through the officials;
On behalf of the Town of Vail, Eagle County, State of Colorado of the United
States of America, through the Mayor and Town Manager of the Town.
The Working Group may meet periodically in a location agreed upon by the
Parties or at least hold one yearly telephone conference in order to evaluate the activities
derived from the application of the MOU. The Working Group shall have the following functions:
a) Adopt the necessary decisions in order to carry out the objectives of the present MOU;
b) Identify the areas of common interest in order to elaborate and formulate specific
cooperation projects;
c) Orientate, organize, and formulate relevant recommendations in order to fulfill the
activities of the MOU;
d) Receive, review, and approve, when applicable, the progress reports in the areas of
cooperation within the MOU; and,
e) Any other functions that the Parties may agree upon.
ARTICLE V
Financing
The Parties shall finance the activities referred to in the MOU with the assigned
resources in their respective budgets according to the availability and terms of their legislation.
Each Party shall pay the expenses related to its participation, except in the case that alternate
financial mechanisms may be used for specific activities, if considered appropriate.
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ARTICLE VI
Information, Material, and Protected Equipment
The Parties agree that information, materials, and protected equipment deemed
classified by national legislation for national security or foreign relations purposes of either
Party, shall not be subject to transfer within the MOU.
When undertaking activities pursuant to this MOU, any information, material, and
equipment which require or could require protection and classification is identified, the Parties
shall inform the adequate authorities and establish in writing, the corresponding protective
measures.
The transference of information, material, and equipment, which is not protected
or classified, but which exportation is regulated by one of the Parties, shall be done according to
the applicable national legislation and should be identified, along with its intended use or
subsequent transference. If any of the Parties consider it necessary, measures shall be taken
to prevent the non-authorized transference or re-transference of such property.
ARTICLE VII
International Instruments
The cooperation referred to in the MOU shall not affect the rights and duties
which the Parties previously acquired under other international treaties and instruments.
ARTICLE VIII
Intellectual Property
If as a result of actions carried out in accordance with this MOU, products of
commercial value and/or rights of intellectual property are generated, these shall be governed
by the applicable national legislation, as well as the international conventions, which are binding
for Austria and the United States of America.
ARTICLE IX
Designated Personnel
The personnel assigned by each Party for the execution of cooperation activities
derived from the MOU shall continue under the direction and dependence of the institution to
which he/she pertains, and shall not create any labor relation with the other Party, which in no
case shall be considered as a substitute employer.
Each Party shall carry out the corresponding necessary procedures under its
respective authorities in order to facilitate the entry and departure of its respective participants
who are officially involved in the projects derived from the MOU. Such participants shall be
subject to the immigration, tax, customs, sanitary, and national security laws of the receiving
country and may not partake in any activity other than those pertaining to their functions, without
the previous authorization of the competent authorities in this field.
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The Parties shall encourage that the personnel involved in such activities have
medical, liability, and life insurance so that, if damage results from such activities derived from
the MOU, repair or restitution shall be covered by the corresponding insurance company.
ARTICLE X
Participation of Other Institutions and Individuals
The Parties may include Non-Government Organizations or individuals from the
civil society in AAP.
ARTICLE XI
Disputes
Any difference or divergence derived from the interpretation or application of the
MOU will give rise to the early termination of the MOU, by means of a written notification of early
termination sent by one Party to the other Party.
ARTICLE XII
Final Provisions
The MOU shall enter into effect upon the date of its signature and shall remain in
effect for a period of one (1) year from the date of its signature and automatically renew for
successive one-year periods, unless either party provides notice to the other of its intent to
terminate the agreement not less than thirty (30) days before the end of the then current period.
The MOU may be modified by mutual consent of the Parties, by formalizing it
though written and signed communications and specifying the date of its entry into force.
The early termination of the MOU shall not affect the completion of ongoing AAP,
formalized while it was in force.
Governmental Immunity. The Town and its officers, attorneys, and employees
are relying on, and do not waive or intend to waive by any provision of the Agreement, the
monetary limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to
the Town and its officers, attorneys, or employees.
Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town not performed during the current fiscal year
are subject to annual appropriation, and this any obligations of the Town hereunder shall extend
only to monies currently appropriated and shall not constitute a mandatory charge, requirement,
or liability beyond the current fiscal year.
24
Signed in the Municipality of _________________ on this _____ day of
_________, 2023 in two original and official copies in the English language.
TOWN OF VAIL ST. ANTON AM ARLBERG
STATE OF COLORADO AUSTRIA
_______________________________ _______________________________
Kim Langmaid, Mayor Helmut Mall, Mayor
ATTEST: ATTEST:
____________________________ _____________________________
Stephanie Bibbens, Town Clerk Attest
25
AGENDA ITEM NO. 4.1
Item Cover Page
DATE:June 6, 2023
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamation
SUBJECT:Proclamation No. 7, Series of 2023, Recognizing National
Pollinators Month and the Educational Efforts of the Betty Ford
Alpine Gardens
SUGGESTED ACTION:Read proclamation into record.
PRESENTER(S):Betty Ford Alpine Gardens
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2023-07 Pollinator Month BFAG Proclamation_.docx
26
Proclamation No. 7, Series of 2023
Recognizing National Pollinators Month and the Educational Efforts of
Betty Ford Alpine Gardens
WHEREAS,current seasonal variations in climate, increased pollution and invasive non-
native plants are endangering the very insects and animals that transfer pollen among plants;
WHEREAS,pollination is a critical process producing the fruits and vegetables animal and
human residents depend on;
WHEREAS,factors related to climate change can be combatted by creating and maintaining
healthy ecosystems;
WHEREAS,pollinators in our high-altitude mountain community include native bees, beetles,
flies, bats, hummingbirds and butterflies;
WHEREAS,favorite plants for pollinators include Serviceberry, Chokecherry, Violet, Catmint,
Columbine, Penstemon, Yarrow, and Geranium;
WHEREAS,Betty Ford Alpine Gardens, located in Vail, Colo. at 8,200 feet, is the highest
elevation botanical garden in North America, and is known for its alpine horticulture, education
and conservation, and features a pollinator garden;
NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim National
Pollinators Month, June, 2023. Throughout this planting month, we encourage all residents to
visit Betty Ford Alpine Gardens to learn more about why pollinators are important to us and to
the diversity of our environment, and how residents can help by providing pollinators food and
shelter in their own gardens.
Dated this 6th day of June, 2023.
Vail Town Council Attest:
___________________________
Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk
27
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:June 6, 2023
TIME:5 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamation
SUBJECT:Proclamation No. 8, Series of 2023, Recognizing the Month of
June, 2023 as Lesbian, Gay, Bisexual, Transgender, and Queer
(LGBTQ+) "Pride Month"
SUGGESTED ACTION:Read proclamation into record.
PRESENTER(S):Kim Langmaid, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Proclamation #8 Pride.docx
28
Proclamation No. 8, Series of 2023
Recognizing the Month of June, 2023 as Lesbian, Gay, Bisexual, Transgender, and Queer
(LGBTQ) “Pride Month”
WHEREAS,the Town of Vail is committed to supporting visibility, dignity, and equity for
LGBTQIA+ people in our diverse community; and
WHEREAS,LGBTQIA+ individuals have had immeasurable impact on the cultural, civic and
economic successes of our country; and
WHEREAS,Mountain Pride is an organization inspired and driven to serve the needs of our
LGBTQIA+ communities in partnership with many other nonprofit organizations, businesses
and government agencies in our community; and
WHEREAS,celebrating Pride Month influences awareness and provides support and
advocacy for Vail and Eagle County’s LGBTQIA+ community and is an opportunity to take
action and engage in dialogue to strengthen alliances, build acceptance and advance equal
rights; and
WHEREAS,while society at large increasingly supports LGBTQIA+ equality, it is essential
to acknowledge that the need for education and awareness remains vital to end
discrimination and prejudice;
NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim the month of
June, 2023 as Pride Month in support of the LGBTQIA+ community.
Dated this 6th day of June, 2023.
Vail Town Council Attest:
___________________________
Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk
29
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:June 6, 2023
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards and Commissions
SUBJECT:Vail Local Licensing Authority (VLLA) Appointments
SUGGESTED ACTION:Motion to reappoint Bryce Bastolich and Bob McKown to serve on the
Local Licensing Authority for a two year term ending May 31, 2025.
PRESENTER(S):Kim Langmaid, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
30
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Jake Shipe, Finance
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 22, Series of 2023, A Resolution Approving an
Amended Operating Plan and Budget of the Vail Local Marketing
District, for its Fiscal Year January 1, 2023 through December 31,
2023
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 21,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memorandum for Resolution No. 22
Presentation for Resolution No. 22.pdf
Resolution No. 22, Series of 2023
31
To:
From:
Date:
Subject:
Vail Town Council
Vail Local Marketing District
June 6, 2023
Vail Local Marketing District First Supplemental Budget Request
I. BACKGROUND
The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to
attract overnight destination guests primarily during the non-ski season time frame,
creating economic vitality by increasing the visitor base, sales tax and lodging tax
revenues with a focus on mid-week and lower demand time periods. The overarching
goal of the VLMD is to drive responsible revenue growth in Vail by focusing on quality of
guest, length of stay and guest spend, while effectively communicating community
values.
II. BUDGET DETAIL
The Vail Local Marketing District’s 2023 Budget was finalized in December 2022. At that
time, revenue projections had been forecasted conservatively due to the uncertainty
within the economy combined with an expected normalization in visitation after the
pandemic. However, inflation and high daily rates within the lodging industry have
remained at record levels resulting in increased lodging tax collections. The updated
2023 lodging tax projection totals $5,235,500, down 3% from 2022 actual
collections. This will generate an additional $735,500 in revenues from the current
budget. This updated forecast is still projected conservatively based on YTD collections
(through March) with April through December projected to be down 10% from the prior
year. Staff has also reflected an increase in interest income of $35,000. Earlier this
year, the VLMD adopted an investment policy allowing them to take advantage of the
favorable interest rate environment. The VLMD currently has funds invested in Colo
Trust Prime account, with a current yield of approximately 4.8%
Expenditures are being proposed to increase by $756,790, or 16%, from the
original 2023 budget. The 2023 amended budget will total $6,856,970, which includes
a one-time $1,410,000 transfer to the General Fund. Excluding the one-time transfer,
the VLMD’s 2023 amended budget totals $5,446,790, a $1,161,566 or 27% increase
compared to prior year actuals.
32
Town of Vail Page 2
The above adjustments will decrease the Vail Local Marketing Districts’ fund balance by
a projected $1,585,290. Total reserves at the end of 2023 are projected to be
$2,316,027, 44% of annual revenues and above Council’s directive of 25%.
III. SUPPLEMENTAL REQUEST
The VLMDAC is recommending a supplemental budget increase of $756,790. With the
onboarding of two key marketing partners, several audits were performed. Audit results
identified many recommendations, some of which require additional resourcing. Most of
this supplemental request focuses on a variety of optimizations across channels.
A total of $280,900 is requested to support building the brand, focusing on the Brand
Positioning priority of the VLMD. This will include the following:
- Brand Platform (RFP) for $100,000 to develop a comprehensive brand platform
for “Discover Vail”.
- 2024 Campaign (RFP) for 100,000 to develop a comprehensive summer 2024
advertising campaign.
- Build of the YouTube video platform for $11,900 to set-up and maintain branded
YouTube Channel with photo and video capture in 2023.
- Michelin Guide in Colorado for $59,000. The Michelin restaurant rating program
is being brought to the state of Colorado including Denver, Boulder, Vail and
Aspen/Snowmass. This is the first year of a three-year program.
- DMO Alignment and Structure with a $10,000 transfer to the general fund. SMG
strategy group has been engaged to examine the structure of the Economic
Development department and its boards and commissions to propose scenarios
for a more comprehensive, cohesive and efficient organizational structure. The
intent is to evolve into an intentional Destination Marketing Organization (DMO).
A total of $206,240 is requested to support optimizing gaps found in video and email
content. This will include the following:
- Video Production of a YouTube/Social specific Series for $150,000 to produce
channel specific video series for short form content
- Social Media Enhancements and Management for $48,400 for organic social
media consultation to evolve social media strategy in line with audit
recommendations; implement social media tools to aid in content creation and
organization
- Email Content Creation for Increased Segmentation for $7,840 to customize
content for additional segmentation in e-newsletter strategy
A total of $130,200 is requested to make DiscoverVail.com the number one, trusted
online source for Vail, Colorado. This will include the following:
33
Town of Vail Page 3
-Accessibility and Compliance for $26,500 bringing the website up to ADA
accessibility compliance, transition to Google Analytics 4 and YouTube and
Media Library integration
-Rebuild of the events calendar for $15,000
-Create an Interactive Vail Map for $50,000, providing pre-planning and in-resort
navigation for Vail
-Integration of itineraries and enhanced hiking content for $18,500
-Chat GPT Bot proof of concept for $1,000
-Increase content creation for $19,200 to support new webpages needed to
address content gaps
A total of $81,450 for increased data enhancements, addressing shortcomings and
improving performance.
-Tableau Audience Analysis Tool for $20,700 to provide additional customer data
insights to help improve targeting in media, PR and web. Additionally, support of
customer data enhancements on the website.
-Data-Driven Marketing Strategy Evolution for $21,250 to create an updated plan
to continue growing our database and our utilization of data to drive customer
behaviors.
-Rove for $21,500 which is a Colorado consortium geo-location data program
including Near Data, AirDNA, short term rental data, Dean Runyan Economic
Impact, state level data, etc.
-Key Data for $20,000, which is a data platform that pulls live occupancy and ADR
from lodging twice a day, aggregating vacation rental lodging market data within
Vail into a single, holistic dashboard.
A total of $6,000 for a Colorado Tourism Office (CTO) International Press Trip,
partnering with CTO on an August press trip to expand media reach to international
markets such as UK, Australia, Canada, France, Germany and Mexico.
A Reappropriation from 2022 for $50,000 for Trip giveaways from 2022 that were
awarded in late summer and will be redeemed in 2023
IV. BUDGET SHIFTS
The VLMDAC shifted $20,200 of media spend to support the strategy and planning
structure of a new vendor managing the media plan.
V. ACTION REQUESTED OF THE VAIL TOWN COUNCIL
The Vail Local Marketing District recommends that the Vail Town Council approve the
supplemental budget of $756,790.
34
2023 Budget Budget Shifts
1st
Supplemental 2023 Amended
Income
Lodging Tax 4,500,000 735,500 5,235,500
Interest Income 1,000 35,000 36,000
Total Income 4,501,000 770,500 5,271,500
Expense
Destination 990,000 (20,200) 990,000
International 120,500 120,500
Front Range 355,000 6,000 361,000
Groups and Meetings 300,705 300,705
Public Relations Expenses 119,000 119,000
Content/Influencer Strategy 125,500 48,400 173,900
Photography / Video 224,475 150,000 374,475
Research 78,050 78,050
Web Site 412,750 130,200 542,950
Admin Miscellaneous 8,000 8,000
Email Marketing 195,000 7,840 202,840
Branding 575,150 211,900 787,050
Contingency 250,000 250,000
Database Warehousing and Research 361,095 83,450 444,545
In-Market Marketing 60,000 60,000
Marketing Sponsorship - 59,000 59,000
Professional Fees
Legal and Accounting 32,000 32,000
Lodging Liaison 48,000 48,000
Advertising Agent Fees 166,000 20,200 166,000
Marketing Coordination-TOV 143,000 143,000
Marketing Coordination-VVP 45,275 45,275
Professional Fees - MYPR 90,500 50,000 140,500
Total Professional Fees 524,775 20,200 50,000 574,775
Total Expense 4,700,000 - 746,790 5,446,790
Revenue over (Under) Expenditures (199,000) - 23,710 (175,290)
Transfer to General Fund 1,400,000 10,000 1,410,000
Beginning Fund Balance 3,175,898 3,901,317
Ending Fund Balance 1,576,898 2,316,027
Fund Balance (25% required)35%44%
2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL LOCAL MARKETING DISTRICT
35
June 6, 2023
VAIL LOCAL MARKETING DISTRICT MEETING
36
Agenda
•VLMD 2023 Update
•Budget Overview & Supplemental Request
•Request for approval of Supplemental Plan and Budget
37
VLMD 2023 UPDATE
38
2023 Update
-New Partners Audits Resulted in a Need to Resource Remedies
-Paid Media
-Content across all owned channels (website, social, video, email)
-Website
-Data
-Recommended Optimizations Across Channels
-Brand Position / Voice
-Paid Media plan with a video first focus
-Website Infrastructure and Navigation
-Full living content calendar
-Data evolution
39
BUDGET OVERVIEW & SUPPLEMENTAL REQUEST
40
Amended Revenues: $5,271,500
●Total Amended Lodging Tax Revenue of $5,235,500; $735.5K, or 16%
from 2023 Original Budget; Down $178.8K, or 3% from 2022 actuals
●Lodging revenues forecasted based on YTD actuals (through March) with
the remainder of year down 10%
●Proposing to increase investment income by $35.0K
Amended Expenditures: $5,446,790 (excluding $1.41M
one-time transfer to GF)
●Total Amended Budget of $5,446,790; $746.8K or 16% increase over
original budget; $1.2M increase, or 27% from 2022 actuals
●New Requests will also have an estimated ongoing impact of $185K/year
Fund Balance: $2,316,027
●2023 Amended Budget utilizes $175.3K of fund balance in addition to the
$1.4M transfer to TOV General Fund
●Estimated fund balance at the end of 2023 is $2,316,747; 44% of annual
revenues; $1.0M over 25% min
First Supplemental Request
41
First Supplemental Request
Revenue Adj: +$735K Lodging Tax Rev; 3% Decrease from
2022 Actual
Expenditure Adj: +746.8K; 16% increase from 2022 Actual
Projected Fund Balance: $2.3M
42
2023 Goals & Priorities
Drive responsible revenue growth in Vail by focusing on quality of guest, length of stay and guest
spend, while effectively communicating community values. Key Performance Indicators (KPIs)
include lodging occupancy and average daily rate and lodging and sales tax revenues with a focus
on mid week and lower demand time periods.
Business Goal
Maximize longer
stays and higher
spend, gain greater
understanding of
customer through
research.
Optimize
Visitation
Use Data to
understand our
guest to enhance
engagement &
loyalty.
Grow Database +
Build
Relationship
Protecting and
sustaining our
natural environment
and attractions
while elevating the
guest and resident
experience.
Destination
Stewardship
Position Vail as the
Premier
International
Mountain Resort
Community and
work with
community partners
to define, support
and deliver on the
brand.
Brand
Positioning
43
Building the Brand
2023 Supp.Future Annual
Brand Platform (RFP)
Develop a comprehensive brand platform for the Vail Local Marketing District “Discover
Vail” brand.
$100,000 $0
2024 Campaign (RFP)
Develop a comprehensive summer 2024 advertising campaign.
$100,000 $0
Build Video Platform
Introduce, set-up and maintain YouTube Channel
$11,900 $8,400
Michelin Guide in Colorado
The Michelin program is being brought to the state of Colorado including Denver, Boulder,
Vail and Aspen/Snowmass. This is the first of a three year program.
$59,000 $50,000
DMO Alignment and Structure
Examine the current Economic Development department and involved boards and
commissions structure and process to contemplate weather the marketing, events and
guest services operations may function more efficiently in the model of a destination
marketing organization (DMO).
$10,000 $0
✓✓✓✓
✓✓✓✓
✓✓✓✓
Optimize Visitation Data & Relationships Destination Stewardship Brand Positioning
✓✓✓
✓✓
44
2023 Supp.Future Annual
Video Production: YouTube/Social specific Series
Produce channel specific video series for short form content
$150,000 $0
Social Media Enhancements and Management
Organic social media consultation to evolve social media strategy in line with audit
recommendations; implement social media tools to aid in content creation and organization
$48,400 $65,000
Email Content Creation for Increased Segmentation
Customize content for additional segmentation in e-newsletter strategy
$7,840 $13,440
Optimize Visitation Data & Relationships Destination Stewardship Brand Positioning
Content Enhancements: Video & Email
✓✓
✓✓✓
✓
45
2023 Supp.Future Annual
Accessibility and Compliance
ADA accessibility compliance
Google Analytics 4 Transition
YouTube and Media Library Integration
$26,500 $2,400
Rebuild Events Calendar $15,000 $0
Interactive Vail Map $50,000 $6,300
Integrate Itineraries and Enhanced Hiking Content $18,500 $0
DiscoverVail.com Chat GPT Bot Proof of Concept $1,000 Unknown
Content: Website Support
Continued support in website content optimization
$19,200 $17,800
Website Enhancements
✓✓✓✓
✓✓✓
✓✓✓✓
✓✓✓✓
✓
Optimize Visitation Data & Relationships Destination Stewardship Brand Positioning
✓✓✓✓
46
2023 Supp.Future Annual
Tableau Audience Analysis Tool
Tableau Dashboard to provide additional customer data insights to help improve targeting
in Media, PR and web. Additionally, support of customer data enhancements on the
website.
$20,700 $1,000
Data-Driven Marketing Strategy Evolution
Updated plan to continue growing our database and our utilization of data to drive
customer behaviors based on new data tools, DMO evolution and new partner group
$21,250 $0
Rove
Colorado consortium geo-location data program including Near Data, AirDNA, short term
rental data, Dean Runyan Economic Impact, State level data, etc.
$21,500 $21,500
Key Data
Data platform that pulls live occupancy and ADR twice a day, aggregating all the vacation
rental lodging market data within Vail into a single, holistic dashboard.
$20,000 +$20,000/
Unknown
Data Enhancements
✓✓
✓✓✓
✓✓
✓✓✓
Optimize Visitation Data & Relationships Destination Stewardship Brand Positioning
47
2023 Supp Future Annual
CTO International Press Trip
Partner with CTO on August press trip to expand media reach to other international
markets such as UK, Australia, Canada, France, Germany and Mexico.
$6,000 $0
Dream Trip Reappropriation from 2022
Trip giveaways from 2022 were awarded in late summer to be redeemed in 2023
$50,000 $0
International PR and Reappropriation
✓
✓
Optimize Visitation Data & Relationships Destination Stewardship Brand Positioning
48
Vail Local Marketing District Advisory Council recommends that the Vail
Local Marketing District approve the 2023 Supplemental Plan and budget
request of $756,790.
Action Requested
49
THANK YOU
50
Resolution No. 22, Series of 2023
RESOLUTION NO. 22
SERIES OF 2023
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2023 THROUGH DECEMBER 31, 2023
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2023, and
ending on the 31st day of December, 2023.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 6th day of June 2023.
___________________________________
Kim Langmaid, Town Mayor
Attested:
_________________________
Stephanie Bibbens, Town Clerk
51
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Resolution No. 24, Series of 2023, A Resolution of the Vail Town
Council Approving Contract Amendment Number One between
the Town of Vail and the Colorado Department of Human
Services Behavioral Health Administration
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 24,
Series of 2023.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
OBHgranttocouncil.docx
Resolution No 24 2023 - CDPHE.docx
23_IBEH_174376_-_Am_1_(182564)_-_Town_of_Vail_-_BHAS_-_CoResponder.pdf
52
June 1st, 2023
To:Town Council
Through:Russel Forrest
Town Manager
From:Ryan Kenney
Chief of Police
Subject:OBH (Office of Behavioral Health) Grant
For the past four years, the Town of Vail has acted as a “pass through” for a mental health co-
responder grant from OBH. The grant funds are accepted by the Town of Vail and given to Your
Hope Center for their crisis response team. When this grant was offered, only law enforcement
agencies were eligible to apply. The Vail Police Department’s application documented our use
of and support of Your Hope Center as our primary mental health crisis response model.
Each year we sign a contract with OBH to accept those funds and pay them out to Your Hope
Center. This year’s contract is for $310,000. That is an increase of $10,000 from the previous
year. The amount of the grant is the only change on the contract from the previous 3 years.
We are asking for your approval to accept these grant funds.
53
6/1/2023
RESOLUTION NO. 24
SERIES OF 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING
CONTRACT AMENDMENT NUMBER ONE BETWEEN THE TOWN OF
VAIL AND THE COLORADO DEPARTMENT OF HUMAN SERVICES
BEHAVIORAL HEALTH ADMINISTRATION
WHEREAS, the Town and the Colorado Department of Human Services
Behavioral Health Administration (the “CDPH”) are currently parties to a contract whereby
the Town receives financial assistance from the State to participate in a Co-Responder
Program;
WHEREAS, Co-Responder Programs identify calls for police service where
behavioral health (mental health and/or substance use) appear to be a relevant factor
and provide effective responses that involve people in crisis and those with behavioral
health needs;
WHEREAS, by creating and fostering partnerships between behavioral health
professionals and law enforcement (may include additional first responder types), this
model aims to deflect individuals from unnecessary criminal legal system involvement
and/or hospitalization, and link them to appropriate and needed services; and
WHEREAS, the Town and the CDPH wish to extend and to update the current
contract subject to the terms of Contract Amendment Number One, attached hereto as
Exhibit A and made a part hereof by this reference (the “Amendment”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the Amendment in substantially
the same form attached hereto, subject to approval by the Town Attorney. Upon such
approval, the Town Manager is authorized to execute the Amendment on behalf of the
Town.
INTRODUCED, READ, PASSED AND ADOPTED THIS 6
th DAY OF JUNE, 2023.
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
54
Amendment Contract Number: 24 IBEH 182564 Page 1 of 3 Rev. 1/14/19
CONTRACT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Original Contract Number
23 IBEH 174376
Contractor
Town of Vail for the use and benefit of
the Vail Police Department
Amendment Contract Number
24 IBEH 182564
Current Contract Maximum Amount
Initial Term
Contract Performance Beginning Date
July 1, 2022
State Fiscal Year 2023 $300,000.00
Extension Terms Current Contract Expiration Date
June 30, 2024 State Fiscal Year 2024 $310,000.00
Total for All State Fiscal Years $610,000.00
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizing his or her signature.
CONTRACTOR
Town of Vail for the use and benefit of
the Vail Police Department
______________________________________________
By: Russell Forrest, Town Manager
Date: _________________________
STATE OF COLORADO
Jared Polis, Governor
Colorado Department of Human Services
Michelle Barnes, Executive Director
______________________________________________
By:
Behavioral Health Administration
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Andrea Eurich / Toni Williamson
Amendment Effective Date:_____________________
DocuSign Envelope ID: 50CF957B-D4C0-4D3D-91B6-3D3064684E0B
5/26/2023
Executive Director, Colorado Department of Human Services
5/26/2023
Michelle Barnes
5/30/2023
55
Amendment Contract Number: 24 IBEH 182564 Page 2 of 3 Rev. 1/14/19
1. PARTIES
This Amendment (the “Amendment”) to the Original Contract shown on the Signature and Cover Page
for this Amendment (the “Contract”) is entered into by and between the Contractor, and the State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined
in the Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Contractor for any Work performed or expense incurred under this
Amendment either before or after of the Amendment term shown in §3.B of this
Amendment.
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the
Contract contained herein shall commence on the Amendment Effective Date shown on the
Signature and Cover Page for this Amendment or July 1, 2023, whichever is later and shall
terminate on the termination of the Contract.
4. PURPOSE
Under the original contract the Contractor has implemented a Co-Responder Services Program for its
community by partnering with key stakeholder partners.
The purpose of this contract amendment is to update and replace the following exhibits: Exhibit A,
Statement of Work; Exhibit B, Budget, and Exhibit C, Miscellaneous Provisions with the most
current versions for Fiscal Year 2024 contract extension and renewal: Exhibit A-1, Statement of
Work; Exhibit B-1, Budget, and Exhibit C-1, Miscellaneous Provisions.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Initial Contract Expiration Date on the Contract’s Signature and Cover Page
is hereby deleted and replaced with the Current Contract Expiration Date shown on the
Signature and Cover Page for this Amendment.
B. The Contract Maximum Amount table on the Contract’s Signature and Cover Page is
hereby deleted and replaced with the Current Contract Maximum Amount table shown on
the Signature and Cover Page for this Amendment.
C. REPLACE Exhibit A, Statement of Work with Exhibit A-1, Statement of Work, attached
hereto and incorporated herein by reference.
D. ADD Exhibit B-1, Budget, attached hereto and incorporated herein by reference.
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Amendment Contract Number: 24 IBEH 182564 Page 3 of 3 Rev. 1/14/19
E. REPLACE Exhibit C, Miscellaneous Provisions, with Exhibit C-1, Miscellaneous
Provisions, attached hereto and incorporated herein by reference.
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 1 of 7
Exhibit A-1
Statement of Work
Co-Responder Program
Article 1
Purpose and Target Population
1.1 Purpose
Co-Responder Programs (“Program”) identify calls for police service where behavioral
health (mental health and/or substance use) appear to be a relevant factor and provide
effective responses that involve people in crisis and those with behavioral health needs. By
creating and fostering partnerships between behavioral health professionals and law
enforcement (may include additional first responder types), this model aims to deflect
individuals from unnecessary criminal legal system involvement and/or hospitalization, and
link them to appropriate and needed services. Behavioral health co-responders shall be
dispatched along with law enforcement or may provide a joint secondary response on these
calls. The behavioral health provider shall offer assessment and crisis intervention services
at the scene, provide referral information to the individual, and provide follow-up, when
necessary. The Contractor shall implement and maintain the Program for its community by
collaborating with key stakeholders to ensure service delivery, training and resource
coordination. The Contractor shall collect data, measure outcomes, and report Program
outcomes to the State to assist in determining the effectiveness of the Program.
1.2. Target Population
Individuals who have been brought to the attention of law enforcement and are experiencing
or appear to be experiencing a behavioral health crisis or who have other behavioral health
needs.
Article 2
Definitions and Acronyms
2.1. “BAA” means Business Associate Agreement
2.2. “BHA” means Behavioral Health Administration
2.3. “CDHS” means Colorado Department of Human Services
2.4. “Critical Incident” means a situation in which death, physical assault and/or serious injuries
are sustained by Program staff or clients that occurs during a Co-Responder intervention or
response
2.5. “HIPAA” means Health Insurance Portability and Accountability Act of 1996
2.6. “RNR” means Risk-Need-Responsivity model
Article 3
Activities and Services
3.1. Start-up Period for New Project Development: The Contractor shall establish all required
Program partnerships and finalize all required contracts needed to begin its Program
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 2 of 7
operations within three (3) months from the Contract Performance Beginning Date (the Start-
Up Period). If the Contractor is unable to implement the Program by the end of the Start-up
Period, the Contractor will be placed on a Performance Improvement Plan established in
coordination with the Behavioral Health Administration (BHA).
3.2. Revised Work Plan: The Contractor shall provide BHA with an updated Work Plan on at
least an annual basis for review and approval.
3.3. Steering Committee:
a. The Contractor shall develop and maintain a Steering Committee to oversee the
implementation and ongoing development of the Program for the duration of the
Contract term. The Steering Committee shall meet at least biannually to discuss,
problem-solve and/or guide any changes or issues around the implementation and
ongoing development of the Program. The Steering Committee shall include high-
level, decision-making representatives from each of the key local stakeholder
disciplines listed below:
1. Lead law enforcement agency representative;
2. Behavioral health service provider representative;
3. Impacted individual/consumer or family member;
4. Local hospital representative; and
5. Regional Crisis Services Administrative Services Organization
Representative.
b. Contractor shall also include other entities in the Steering Committee that it
determines are integral to the success of the Program, such as prosecutors, jail
administrators, advocacy groups, and harm reduction organizations.
c. The Steering Committee shall be charged with the following:
1. Initial examination of the nature of the problem and help determine the
Program’s objectives and design;
2. Consider how the Program relates to other local criminal justice–
behavioral health partnerships that may be in place or are in the
process of being established;
3. Support a forum for planning decisions during the implementation
phase and to provide ongoing leadership, problem-solving and design
modifications throughout the life of the Program;
4. Designate appropriate staff to make up a Program Coordination
Group;
5. Identify Program barriers to success and help reduce the impacts of
barriers on the Program (such as identification of facilities as stated in
Section H.4. below); and
6. Develop procedures to ensure that essential information is shared in an
appropriate manner as stated in Section H.6. below.
3.4. Program Coordination Group:
a. The Contractor shall develop and maintain a Program Coordination Group to
guide and support the Program operations. This Group may be the same as the
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 3 of 7
Steering Committee, if the creation of two separate groups is unrealistic due to
workforce and/or resource limitations. The Program Coordination Group shall:
1. Oversee officer and Program training implementation;
2. Measure the Program’s progress toward achieving stated goals;
3. Resolve ongoing challenges to the Program’s effectiveness; and
4. Inform agency leaders and other policymakers of Program costs,
developments, and progress.
b. The Contractor shall designate a law enforcement Program Champion within each
partnering law enforcement agency to serve as the agency’s representative on the
Program Coordination Group.
3.5. Program/Project Manager: The Contractor shall select a Program/Project Manager
(Manager) and establish the Manager’s role, responsibilities, and authority that includes
support of the Steering Committee and the Program Coordination Group. The Contractor
shall communicate via email to BHA any changes to the Manager’s contact information
within one business day of change.
3.6. Partnership Agreements: The Contractor shall develop partnership agreements to address
any key challenges inherent in multidisciplinary collaboration. Partnership agreements shall
include a description of how partners collectively identified the need for the project, and
individualized letters of support outlining each partner’s level of participation and
commitment in the Program, responsibilities to the Program (policy and/or operational),
resources they will contribute, and processes in collecting and sharing data. The Colorado
Department of Human Services (CDHS) and/or BHA do not, however, direct the Contractor
(or any other party) to, or give the Contractor (or any other party) authority to, negotiate or
enter into any agreements on behalf of CDHS or BHA.
3.7. Data Sharing Agreements: The Contractor shall ensure a data-sharing Business Associates
Agreement is developed and put in place between the partner agencies. The data-sharing
agreement shall ensure that each partner agency complies with the terms of the HIPAA BAA
attached to this Contract.
3.8. Program Policies and Procedures: The Contractor shall develop and maintain Program
policies and procedures, subject to BHA review and approval, including specific policies and
procedures for the following aspects of the Program:
a. Target Population and Eligibility Criteria: The Contractor shall identify the target
population, develop eligibility criteria and develop Program policies to identify
individuals who will be referred to the Program. The Contractor shall ensure that
the referrals include adults at risk for low-level controlled substance-related
offenses and misdemeanor crimes all of whom have been repeatedly involved
with law enforcement. The Contractor may expand eligibility criteria to meet
specific community needs.
b. Call Taker and Dispatcher: The Contractor shall develop policies and procedures
for call takers and dispatchers, including, but not limited to, the call information
call takers shall gather, the manner in which dispatchers will be provided with up-
to-date information on staffing patterns during shifts, and the geographic areas
that identify law enforcement and behavioral health co-responders designated to
respond to calls.
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 4 of 7
c. Stabilization, Observation and Disposition: The Contractor shall develop policies
and procedures to help guide co-responder teams (officers and/or behavioral
health co-responders) to resolve an encounter with the least restrictive
environment for the call’s circumstances.
d. Transportation and Custodial Transfer: The Contractor shall develop policies and
procedures to help guide effective and efficient transportation and custodial
transfers. The policies shall at a minimum:
1. Identify facilities that are capable of assuming custodial responsibility,
are available at all times, have personnel qualified to conduct a
behavioral health evaluation, and do not turn away people brought by law
enforcement, without specific reasons.
2. Connect individuals with a friend or family member, a peer support
group, or crisis center, when available and in noncustodial situations in
which the person does not meet the criteria for emergency evaluation and
is not under arrest, but officers or the team determine the individual
would benefit from services and support.
3. Engage the services of the individual’s current behavioral health provider
or a crisis team.
e. Critical Incident Policy: Contractor shall develop and maintain a policy for
review of critical incidents (including death, physical assault and/or serious
injuries sustained by Program staff or clients) (“Critical Incidents”) that occur
during a Program intervention or response.
f. The Contractor shall submit a draft copy of each of the policies and procedures
required under this Section III (Activities/Services), Paragraph H to BHA for
review and comment, and work with BHA to resolve all comments from BHA
and incorporate corresponding revisions as agreed upon with BHA in the final
policies and procedures.
g. Information Exchange and Confidentiality: The Steering Committee shall develop
procedures to ensure that essential information is shared in an appropriate manner.
Information shall be shared in a way that protects individuals’ confidentiality
rights as treatment consumers and constitutional rights as possible defendants.
Individuals with behavioral health disorders who have been in contact with a
behavioral health agency should be offered an opportunity to provide consent in
advance for behavioral health providers to share specified information with law
enforcement authorities if an incident occurs (sometimes called an advance
directive).
3.9. Program Training and Cross-training:
a. State Program Meeting Requirements: The Contractor shall attend an orientation
session (mandatory only during Contractor’s first year under the Program),
monthly Program check-in meetings with the BHA manager, and other required
Program meetings and training throughout the term of the Program.
b. Contractor Training: The Contractor shall provide training necessary for
Contractor’s Program to include:
1. Officer Training: The Contractor shall provide officer training to improve
officers’ responses to people with behavioral health needs and to educate
officers on the Program. The Contractor shall determine the amount of
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 5 of 7
training necessary to ensure, at a minimum, that there is a group of
officers sufficient to cover all time shifts and geographic districts.
2. Cross-training: The Contractor shall provide opportunities to behavioral
health personnel and other stakeholders to help improve cross-system
understanding of agencies’ roles and responsibilities, law enforcement
issues, Program policies and procedures, information sharing, safety and
other opportunities to see policies translated into action.
3.10. Catchment Area: The Contractor shall define the service and/or catchment area that best
meets the community’s needs.
3.11. Individualized Service Provision: The Contractor’s Program shall link individuals
referred to or contacted by the Program to community-based behavioral health supports
and services, as appropriate.
3.12. The Non-Displacement of Resources: The Contractor shall ensure the Program
participants do not receive preferential access to scarce resources that would prevent
others in need or on waitlists from being served.
3.13. Evidence-Based Practices: The Contractor shall use evidence-based and promising
practices within the screening and service delivery structure, as appropriate, to support
effective outcomes. The use of a risk/need/responsivity (RNR) model is encouraged to
assess various factors such as substance use disorders, mental illness, cognitive or
physical impairments, financial issues, family dynamics, housing instability,
developmental disabilities, low literacy levels, and lack of reliable transportation, all of
which may need to be addressed to support success.
3.14. Staff Time Tracking and Invoicing: The Contractor shall ensure expenses and staff
time are tracked and invoiced separately for each Program or funding stream.
3.15. Use of Contract Funds: The Contractor may use Contract Funds to support, with the
approval of BHA, items including but not limited to, the following:
a. Program personnel, project management and community engagement
b. Temporary services and treatments necessary to stabilize a participant’s condition,
including necessary housing
c. Outreach and direct costs for services
d. Specialized program training
e. Dedicated law enforcement resources, including overtime required for
participation in operational meetings and training
f. Training and technical assistance from experts in the implementation of Co-
Responder Services Programs in other jurisdictions
g. Collecting and maintaining the data necessary for program evaluation
3.16. Subcontractor/Partnership Termination: In the event a partnership with a
subcontractor such as a case management or service provider is terminated, the
Contractor shall transition to a new partnership no later than 30 days from termination to
ensure continuity of care for all participants of the Program. The Contractor shall
communicate any subcontractor termination via email to the State within one Business
Day.
3.17. Critical Incident Reporting: If a Critical Incident (including death, physical assault
and/or serious injuries sustained by Program staff or clients) occurs during a Co-
Responder intervention or response, the Contractor shall make the appropriate selection
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 6 of 7
on the BHA data collection form and inform the Manager of Co-Responder Services
within 3 days to determine any additional actions.
Article 4
Deliverables
4.1. Activities noted below shall be emailed by the listed Due Date below to
cdhs_bhadeliverables@state.co.us unless otherwise specified.
4.2. Deliverables table
DELIVERABLES DATE DUE
Revised Work Plan Due 30 days from Contract Effective Date and
after that annually.
Program Policies and Procedures Document During implementation phase:
1. Draft document due to BHA 90 days
from Contract Effective Date.
2. Final document due to BHA 30 days
from reviewed draft sent from BHA to
Contractor.
Subsequent updates to policies and procedures
due to BHA within 10 days of changes.
Submit copy of partnership agreement(s) Upon execution of partnership agreement(s)
Participate in a monthly progress status meeting with
the BHA Manager of Co-Responder Services.
Meetings may be in-person or via phone or video
conference.
Monthly
Monthly Reporting using template provided by BHA,
on current performance outcomes
Monthly - 15 days after the end of the reporting
month.
Submit copy of subcontract(s) Upon execution of subcontract(s)
Submit copy of the Steering Committee and Policy
Coordination Group Member Rosters*
*If Steering Committee and Policy Coordination
Group members are the same, note the rationale on
roster.
60 days after contract execution and as updated
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Exhibit A-1
Contract Amendment Number: 24 IBEH 182564 Page 7 of 7
Article 5
Performance Outcome Measures
5.1. Measure: Number of referrals received and responded to by Program
Outcome Goal: Of the total number of Program referrals, 70% or more will receive a
response.
5.2. Measure: Number of calls that do not result in arrest
Outcome Goal: Of the total number of active Co-Responder calls, 90% or more will not
result in arrest when there is no cause for mandatory arrest (at the discretion of the
officer).
5.3. Measure: Number of interventions, services and resource linkage provided to individuals
contacted by the Program
Outcome Goal: Of the total number of individuals contacted, 70% will receive one or
more intervention, service, or linkage to resources.
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EXHIBIT B-1
BHA Program Co-Responder Program
Project Name Eagle County Mobile Crisis Co-Response
Annual Budget
Position Title Gross or Annual
Salary Fringe
Percent of
Time on
Project
Total Amount Requested from
BHA
-$
Annual Budget
Position Title Hourly Wage Hourly Fringe
Total # of
Hours on
Project
Total Amount Requested from
BHA
-$
-$
Annual Budget
Contractor Name Rate Quantity Total Amount Requested from
BHA
Your Hope Center $ 25,833.33 12 309,999.96$
310,000.00$
Annual Budget
Item Rate Quantity Total Amount Requested from
BHA
-$
-$
Annual Budget
Item Rate Quantity Total Amount Requested from
BHA
-$
-$
310,000.00$
-$
-$
Agency Name
Budget Period 7/1/23-6/30/24
EXHIBIT B-1, FY24 ANNUAL BUDGET
Vail Police Department
Program Contact Name, Title Ryan Kenney, Chief of Vail PD
970-477-3433
rkenney@vailgov.com
Phone
Email
Fiscal Contract Name, Title Kathleen Halloran, Financial Director
Phone 970-479-2116
khalloran@vailgov.com
March 20,2023
Email
Date Completed
All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred.
EXPENDITURE CATEGORIES
Personnel Services / Salaried Employees
Description of Work
Total Contractors/Consultants
Personnel Services / Hourly Employees
Description of Work
Travel
Description of Item
Total Travel
Supplies & Operating Expenses
Description of Item
Total Supplies & Operating Expenses
TOTAL DIRECT COSTS (TDC)
Exclusions from Indirect Cost Base expenses per OMB 2CFR § 200
Subaward in excess of $25,000
Rent
Total Personnel Services (including fringe benefits)
Contractors / Consultants (payments to third parties or entities)
Description of Work
Clinical Director (oversight & supervision of clinicians and program), Co-Response
Clinicians, mileage
Page 1 of 2 revised: 02/15/2023
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EXHIBIT B-1
-$
-$
-$
310,000.00$
Annual Budget
Indirect Cost Percentage Total Amount Requested
from BHA
N/A 0%-$
-$
310,000.00$
Indirect Costs
Description of Item
Total Indirect
TOTAL Request
The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation form
Equipment in excess of $5,000
Other Unallowable Expenses
Total Expenses per OMB 2CFR § 200
MODIFIED TOTAL DIRECT COSTS (MTDC)
Page 2 of 2 revised: 02/15/2023
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Exhibit C-1
Contract Amendment Number: 24 IBEH 182564 Page 1 of 5
Exhibit C-1
Miscellaneous Provisions
I. General Provisions and Requirements
A. Finance and Data Protocols
The Contractor shall comply with the Behavioral Health Administration’s (BHA) most current
Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines,
made a part of this Contract by reference.
B. Marketing and Communications
The Contractor shall comply with the following marketing and communications requirements:
1. Reports or Evaluations. All reports or evaluations funded by BHA must be reviewed
by BHA staff, including program, data, and communications, over a period of no
fewer than 15 business days. The Contractor may be asked to place a report or
evaluation on a BHA template and the report or evaluation is required to display the
BHA logo. The Contractor shall submit the finished document to BHA in its final
format and as an editable Word or Google document.
2. Press Releases. All press releases about work funded by BHA must note that the work
is funded by the Colorado Department of Human Services, Behavioral Health
Administration. Press releases about work funded by BHA must be reviewed by BHA
program and communications staff over a period of no fewer than five business days.
3. Marketing Materials. Contractor shall include the current Colorado Department of
Human Services, Behavioral Health Administration logo on any marketing materials,
such as brochures or fact sheets, that advertise programs funded by this Contract.
Marketing materials must be approved by the Contract’s assigned BHA program
contract over a period of no fewer than 5 business days.
4. All Other Documents. All other documents published by the Contractor about its
BHA-funded work, including presentations or website content, should mention the
Colorado Department of Human Services, Behavioral Health Administration as a
funder.
5. Opinion of BHA. BHA may require the Contractor to add language to documents that
mention BHA reading: “The views, opinions and content expressed do not necessarily
reflect the views, opinions or policies of the Colorado Department of Human Services,
Behavioral Health Administration.”
C. Start-up Costs
If the State reimburses the Contractor for any start-up costs and the Contractor closes the program
or facility within three years of receipt of the start-up costs, the Contractor shall reimburse the
State for said start-up costs within sixty (60) days of the closure. The Contractor is not required
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Exhibit C-1
Contract Amendment Number: 24 IBEH 182564 Page 2 of 5
to reimburse the State for start-up costs if the facility or program closure is due to BHA
eliminating funding to that specific program and/or budget line item.
D. Immediate Notification of Closures / Reductions in Force
If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit at
least five business days prior to the closure. Similarly, if the Contractor, or any sub -contractor
provider, intends to conduct a reduction in force which affects a program funded through this
contract, the Contractor shall notify the BHA Contracts Unit at least five business days prior to
the layoffs.
E. Licensing and Designation Database Electronic Record System (LADDERS)
The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as
required by rule to submit applications for BHA licensing and designation, keep current all
provider directory details, and submit policies and procedures.
F. Contract Contact Procedure
The Contractor shall submit all requests for BHA interpretation of this Contract or for
amendments to this Contract to the BHA Contract Manager.
G. Continuity of Operations Plan
1. In the event of an emergency resulting in a disruption of normal activities, BHA may
request that Contractor provide a plan describing how Contractor will ensure the
execution of essential functions of the Contract, to the extent possible under the
circumstances of the inciting emergency (“Continuity of Operations Plan” or “Plan”).
2. The Continuity of Operations Plan must be specific and responsive to the
circumstances of the identified emergency.
3. BHA will provide formal notification of receipt of the Continuity of Operations Plan
to the Contractor.
4. The Continuity of Operations Plan will not impact or change the budget or any other
provisions of the contract, and Contractor's performance will be held to the same
standards and requirements as the original Contract terms, unless otherwise specified
in the Continuity of Operations Plan.
5. Any submitted Continuity of Operations Plan will be ratified as an amendment to the
contract as soon as possible.
6. Contractor shall communicate, in a format mutually agreed upon by BHA and
Contractor staff, on a frequency that supports the monitoring of services under the
Continuity of Operations Plan. If adjustments are needed to the Plan, such adjustments
will be made in writing and accompanied by written notice of receipt from BHA.
a. As part of the BHA/Contractor communication during the emergency,
Contractor and BHA will evaluate whether the emergency has resolved such
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Exhibit C-1
Contract Amendment Number: 24 IBEH 182564 Page 3 of 5
that normal operations may be resumed.
b. Contractor and BHA will agree in writing when the emergency is sufficiently
resolved and agree to a closeout period that is four weeks or less.
c. BHA will submit notice accepting the termination of the Continuity of
Operations Plan to the Contractor as the final action for any qualifying
emergency response.
H. Cultural Responsiveness in Service Delivery
1. The Behavioral Health Administration expects funding dollars to support equity in
access, services provided, and behavioral health outcomes among individuals of all
cultures, gender identities, sexual orientations, races, and ethnicities. Accordingly,
Contractors should collect and use data to: (1) identify priority populations vulnerable
to health disparities encompassing the contractor's entire geographic service area
(e.g., racial, ethnic, limited English speaking, indigenous, sexual orientation, gender
identity groups, etc.) and (2) implement strategies to decrease the disparities in access,
service use, and outcomes—both within those subpopulations and in comparison to
the general population.
2. One strategy for addressing health disparities is the use of the recently revised
National Standards for Culturally and Linguistically Appropriate Services in Health
and Health Care (CLAS). The U.S. Department of Health and Human Services (HHS)
Think Cultural Health website (https://thinkculturalhealth.hhs.gov) also features
information, continuing education opportunities, resources, and more for health and
health care professionals to learn about culturally and linguistically appropriate
services, or CLAS.
3. Contractors providing direct behavioral health prevention, treatment, or recovery
services shall submit one of the following two documents to
cdhs_BHAdeliverables@state.co.us by August 31 annually:
a. If a provider has completed an equity plan that identifies how they will
address health equity, they can submit the plan or;
b. Submit a completed CLAS checklist that follows this HHS format:
https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChecklistfort
heNationalCLASStandards.pdf
I. Prohibition on Marijuana. Funds may not be used, directly or indirectly, to purchase,
prescribe, or provide marijuana or treatment using marijuana. Treatment in this context
includes the treatment of opioid use disorder. Funds also cannot be provided to any individual
who or organization that provides or permits marijuana use for the purposes of treating
substance use or mental disorders. This prohibition does not apply to those providing such
treatment in the context of clinical research permitted by the DEA and under an FDA -
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Exhibit C-1
Contract Amendment Number: 24 IBEH 182564 Page 4 of 5
approved investigational new drug application where the article being evaluated is marijuana
or a constituent thereof that is otherwise a banned controlled substance under federal law.
II. Use of Subcontracts.
A. Services described in this Contract may be performed by Contractor or by a subcontractor,
except where this Contract states explicitly that a service must not be subcontracted.
B. Contractor shall ensure that its subcontractors perform to the terms of this Contract as set
forth in the Contract provisions.
C. Any subcontract for services must include, at a minimum, the following:
1. A description of each partner’s participation
2. Responsibilities to the program (policy and/or operational)
3. Resources the subcontractor will contribute, reimbursement rates, services to be included
and processes in collecting and sharing data and the most recent CDHS version of the
HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business
Associates Addendum/Qualified Service Organization Addendum as an exhibit.
4. A copy of this Contract and all its terms and conditions.
D. The Contractor shall provide to BHA a copy of any proposed subcontract between the
Contractor and any potential provider of services to fulfill any requirements of this Contract,
to cdhs_BHAdeliverables@state.co.us within 30 days of subcontract execution.
E. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to
adhere to the terms of this Contract.
F. Subcontractor/Partnership Termination. In the event where partnerships with a subcontractor
such as a treatment provider is terminated, the Contractor shall transition to a new partnership
no later than 30 days from termination to ensure continuity of care for all participants of the
program.
III. Financial Requirements
A. Funding Sources
1. The Contractor shall identify all funds delivered to subcontractors as state general fund,
state cash funds, or federal grant dollars in Exhibit B-1, “Budget.”
2. If a Single Audit is performed in accordance with Section IV.B. above, the Contractor
shall report the amount of the federal grant identified in the budget under the CFDA
number identified on the first page of this Contract.
DocuSign Envelope ID: 50CF957B-D4C0-4D3D-91B6-3D3064684E0B
70
Exhibit C-1
Contract Amendment Number: 24 IBEH 182564 Page 5 of 5
3. The Contractor shall communicate the CFDA number to all sub-contractors in their sub-
contracts.
B. Budget Reallocations
1. The Contractor may reallocate funds between the budget categories of this contract, up to
20% of the total contract amount, upon written approval by BHA, without a contract
amendment. Any allowable reallocation is still subject to the limitations of the
Not to Exceed and the Maximum Amount Available per Fiscal Year.
C. Payment Terms
1. The Contractor shall invoice monthly for services, no later than the 20th of the month
following when services are provided.
2. The Contractor shall utilize the invoice template(s) provided by BHA.
3. All payment requests shall be submitted electronically to
CDHS_BHApayment@state.co.us
4. Any requests for payment received after September 10th for the prior state fiscal year
cannot be processed by BHA.
5. The State will make payment on invoices within 45 days of receipt of a correct and
complete invoice to CDHS_BHApayment@state.co.us. Consequently, the Contractor
must have adequate solvency to pay its expenses up to 45 days after invoice submission to
the State.
DocuSign Envelope ID: 50CF957B-D4C0-4D3D-91B6-3D3064684E0B
71
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Todd Oppenheimer, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Rocky Mountain Custom Landscape for 2023
Turf Grass Reduction Project
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Rocky Mountain Custom
Landscape for the 2023 Turf Grass Reduction Project, not to exceed
$180,244.82.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2023 Turf Grass Reduction Project Contract Award - TC Memo 6.6.23.pdf
72
To: Vail Town Council
From: Department of Public Works
Date: June 6, 2013
Subject: Request to Award Contract – 2023 Turf Grass Reduction Project
I. PURPOSE
The purpose of this item is to request the Town Council to award a construction contract to Rocky Mountain
Custom Landscape in the amount of $180,244.82 for the 2023 Turf Grass Reduction Project.
II. BACKGROUND
The 2023 Turf Grass Reduction Project is a continuation of the Town’s on-going efforts to reduce the
amount of non-functional irrigated turf grass. The 2023 project converts over 14,000 square feet, 1/3 acre,
of irrigated turf grass to native grass, perennial flowers and shrub plantings. The locations for the 2023
project include the Sandstone Underpass area, Main Vail Roundabout east bound I-70 cutoff, and the north
side of the Village Transportation Center.
The project was put out to competitive bid on April 14, 2023, with 3 bidders responding on May 24, 2023.
The lowest responsible bid of $180,244.82 was submitted by Rocky Mountain Custom. A lower bid was
submitted which upon review was found to be in error and was withdrawn by the bidder. Rocky Mountain
Custom Landscape is a local contractor who has successfully completed other projects for the Town of
Vail.
III. BUDGET INFORMATION
The funding for the 2023 Turf Grass Reduction Project is included in the 2023 Real Estate Transfer Tax,
Recreation Path Maintenance Account. The 2023 budgeted amount in this account is $220K.
IV. PROJECT SCHEDULE
The contractor has provided a schedule to mobilize construction equipment and begin work preparation
work, grading and irrigation on July 17, 2023, and ending on August 25, 2023.
V. ACTION REQUESTED BY COUNCIL
Staff requests the Council direct the Town Manger to enter into a construction contract with Rocky
Mountain Custom Landscape in the amount of $180,244.82 for the 2023 Turf Grass Reduction Project.
VI. STAFF RECOMMENDATION
Staff recommends that the Council direct the Town Manger to enter into a construction contract with Rocky
Mountain Custom Landscape in the amount of $180,244.82 for the 2023 Turf Grass Reduction Project.
73
AGENDA ITEM NO. 6.4
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Beth Markham, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Letter of Support for the USDA Composting and Food Waste
Reduction (CFWR) Pilot Program Grant Application for the Avon-
Vail Commercial Composting Pilot Program
SUGGESTED ACTION:Approve, approve with amendments, or deny the letter of support.
STAFF RECOMMENDATION:Staff requests the Vail Town Council to provide a letter of support for
the USDA Composting and Food Waste Reduction (CFWR) grant
application for the Avon-Vail Commercial Compost Pilot Program.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Avon-Vail_Commercial_Composting_USDA_Grant_Memo_060623-_Final.docx
Attachment_A-_Letter_of_Support-_Avon-Vail_Commercial_Composting_USDA_Grant.pdf
Attachment_B-_Avon-Vail_Commercial_Composting_Pilot_Program.pdf
74
To:Vail Town Council
From:Environmental Sustainability Department
Date:June 6, 2023
Subject:Letter of Support for the USDA Composting and Food Waste Reduction (CFWR)
Pilot Program Grant Application for the Avon-Vail Commercial Composting Pilot
Program
I.Purpose
The purpose of this memo is to seek a letter of support (Attachment A) from the Vail Town
Council for the USDA Composting and Food Waste Reduction (CFWR) Pilot Program grant
application. The Town of Avon and Town of Vail aim to secure up to $400,000 in grant funding
to launch a two-year regional commercial composting pilot program (Attachment B). The
program aims to:
(1) divert organic waste from local restaurants,
(2) generate high-quality compost,
(3) reduce greenhouse gas emissions,
(4) promote an environmentally sustainable regional economy, and
(5) contribute to the Eagle County’s Climate Action Plan goal of diverting 80% of organic
materials currently sent to landfills by 2030.
By addressing the largest source of waste in the area, the Avon-Vail Commercial Composting
Pilot Program will not only alleviate landfill overfilling concerns and reduce methane emissions
but also promote job creation, sustainable tourism, and public awareness of composting
practices and benefits.
II.Background
Based on the 2017 Northwest Colorado Waste Diversion Study, 37% of all waste entering the
Eagle County Landfill is comprised of organics, 30% of which is food waste. Anaerobic
decomposition of organic material in a landfill contributes to the release of methane gas, which
accounts for 20% of global emissions and is at least 25% more potent of a greenhouse gas than
carbon dioxide, according to the Environmental Protection Agency1. Diverting organics from the
landfill through composting is one critical step to increasing waste diversion while reducing
greenhouse gas emissions.
Town of Vail adopted the goals of the Climate Action Plan for Eagle County in 2017 and
adopted the updated goals in 2021, which establish the following greenhouse gas reduction and
waste diversion goals:
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Town of Vail Page 2
Reduce greenhouse gas emissions (GHG) from the 2014 baseline 25% by 2025, 50% by 2030
and 80% by 2050.
In one effort to achieve these emissions reductions, the Climate Action Plan includes a waste
diversion goal to divert 80% of organics from the landfill by 2030.
In 2022, Vail achieved a 37% recycling rate, however only 378 tons of organic material, or
compost, was diverted from the landfill. This accounts for 3.5% of total waste generated in Vail.
Town of Vail current composting programs include the West Vail Curbside Compost Pilot
Program, the Business Compost Pilot Rebate Program,Zero Waste Special Events
composting, and internal municipal compost operations. Figure 1 below lists the methods and
tonnages from each method in which organic material is currently diverted.
Figure 1: 2022 tonnage of organic material composted
To achieve the adopted goal of diverting 80% of organics by 2030 additional strategies will need
to be implemented, with a specific focus on organics diversion from restaurants. The Avon-Vail
Commercial Composting Pilot Program addresses a comprehensive infrastructure, education,
and marketing initiative that enables regional partners to build a self-sustaining local composting
system.The two-year pilot project will leverage other sustainability efforts already underway,
including the Town of Vail’s Business Compost Pilot Program,to further amplify the positive
impacts of regional composting. The Avon-Vail joint composting project will expand local
commercial composting capacity anticipating program participation by 50% of the 150
restaurants in Avon and Vail with the goal of reducing greenhouse gas emissions by 2,177.85
tons a year. If awarded,the grant requires a 25% match of $100,000, which would be split
evenly between Town of Avon and Town of Vail.
III.Action Requested of Council
Staff requests the Vail Town Council to provide a letter of support for the USDA Composting
and Food Waste Reduction (CFWR) grant application for the Avon-Vail Commercial
Compost Pilot Program.
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Town of Vail Page 3
77
May 31, 2023
The Honorable Tom Vilsack
Secretary
United States Department of Agriculture
1400 Independence Avenue, S.W.
Washington, DC 20250
Dear Mr. Vilsack,
On behalf of the Town Council of the Town of Vail, Colorado, we wish to express our support for the
communities of Vail and Avon’s application for the USDA Compost and Food Waste Reduction Pilot
Program for the Avon-Vail Commercial Composting Pilot Program. If awarded, the Town of Vail is
committed to partnering with the Town of Avon on the implementation of the pilot program, including
contributing to the 25% match requirement.
As communities with aggressive climate and waste reduction goals, we recognize the incredible
impact that large-scale and commercial business composting will contribute to this effort. To date,
organics comprise nearly 40% of the Eagle County Landfill, with the potential reduce a total of over
21,000 metric tons per year of GHGs, particularly methane, the most potent greenhouse gas.
Vail and Avon have a unique opportunity to partner with the large restaurant community in both
communities as well as waste haulers to not only divert organic waste from the landfill, but also to
generate high-quality compost for local use in community gardens and landscaping, reduce GHG
emissions, and continue to promote and sustainability in our local economy.
Grant funding would allow our communities to accelerate participation in composting by building
infrastructure, providing education for employees, contracting for food waste pickup, and distributing
supplies and promotional materials to jumpstart the initiative and build support among residents and
visitors.
While the national recycling rate is 32%, Colorado’s recycling rate is just 16%. We are proud of Vail’s
commitment to waste reduction and recycling, having just achieved a 37% recycling rate in 2022.
However, we recognize that we have a long way to go to truly reduce our contributions to the landfill
and wish to demonstrate leadership in this area. Composting is a key component of the solution.
With gratitude for your consideration,
Kim Langmaid,
Mayor, Town of Vail
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Page 1
5/18/2023
Avon-Vail Commercial Composting Pilot Program
Colorado mountain resort communities’ partner to launch a regional composting initiative.
The Town of Avon and Vail, jointly seek up to $400,000 in
USDA Compost and Food Waste Reduction Pilot Program
(CFWR) grant funding with a 25% match, to launch a two-
year regional commercial composting pilot program. With
USDA funding assistance, Avon-Vail will establish a long-
term partnership among town staff, area restaurants, and
local waste haulers to divert organic waste, generate high-
quality compost for local use, reduce GHG emissions, and
continue to promote an environmentally sustainable
regional economy. The towns will launch a joint
composting project that will expand local composting
infrastructure and capacity with the goal of reducing
greenhouse gas emissions by 2177.85 tons a year. The
pilot project will engage local hauling vendor/s and utilize
an existing regional composting site. The program will also
fund ongoing training and education for the staff of participating restaurants. There are over 150 restaurants located in
Avon and Vail which serve the region’s 2+ million visitors and 60k residents. The projected pilot project participation is
estimated to be half of the restaurants.
The scope of the pilot project includes:
Launch composting services for restaurants located in Avon and Vail.
Purchase and distribute composting supplies to participating restaurants.
Launch education and training program for restaurant personnel.
Launch promotional and marketing program for participants.
Monitor and collect data from the implementation of the program.
Avon and Vail’s Climate Action Plan includes a priority action of diverting 80% of organic materials currently landfilled
by 2030. The region currently lacks an affordable industrial composting operation to pick up and compost organic waste
from its 150+ restaurants that serve the region’s 2+ million visitors and 60k residents. As a result, organic waste that
could otherwise be easily composted is landfilled, threatening long-term landfill capacity, and driving anthropogenic
climate change through methane and other greenhouse gas emissions.
The 2017 Northwest Colorado Waste Diversion Study revealed that food waste (30.1%) is by far the largest source of
inbound waste at the Eagle County Landfill. In addition to the lack of composting infrastructure, a lack of knowledge
about food waste diversion techniques among commercial food producers, as well as concentrated costs and diffuse
benefits, hinder composting participation. Establishing the restaurant composting program would help Avon and Vail
to tackle the biggest source of waste in Eagle County, thereby contributing significantly to the 80% organic waste
diversion goal.
The Avon-Vail Commercial Composting Pilot Program addresses a comprehensive infrastructure, education, and
marketing initiative that enables regional partners to build a self-sustaining local composting system. The project will
leverage other sustainability efforts already underway to further amplify the positive impacts of regional composting.
Vail is a certified sustainable mountain resort destination as recognized by the Global Sustainable Tourism Council
Attachment B
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Page 2
5/18/2023
(GSTC). The accredited sustainable destination program sets forth global standards for sustainable travel and tourism
and is offered to those who value stewardship of their communities. Avon enacted a ban on plastic grocery bags to
reduce landfill waste, passed a new universal recycling ordinance going into effect November 2023, and is overhauling
its municipal irrigation system to reduce water consumption and reliance on artificial fertilizers.
Benefits of the project include boosting organic waste diversion, alleviating landfill overfilling concerns, reducing
methane emissions, reducing waste hauling transportation emissions, reducing environmental burdens on underserved
communities living near the Eagle County Landfill, promoting waste hauler and restaurant business development,
fostering the growth of sustainable tourism, promoting public awareness of composting practices and benefits,
supporting job creation at the Avon recycling center, and leveraging related sustainability investments.
As leaders in the mountain tourism industry, Avon and Vail look forward to partnering with local restaurants, businesses
associations, waste haulers, and sustainability organizations to boost climate and economic outcomes.
For more information, please contact Charlotte Lin, Sustainability Coordinator
at the Town of Avon, at 970-748-4083 or clin@avon.org.
80
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Town Manager Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Manager Update 060623.docx
Priority Vail Town Council Goals for 2023.docx
81
Town Managers Update
June 6, 2023
1. Update on Dobson
The TOV/VRD rec subcommittee met on 5/30 to review with the Populous design team and the Town’s owner’s
representative the progress to date in addition to the challenges. The design team developed two specific program
scenarios and had them cost estimated. In addition, a sub alternative was priced to reinforce the existing roof
structure to handle the current building code snow loads. The base scenario included a complete interior
renovation and minor additions to the existing arena. The expanded option was an expanded arena to maximize
the available site to meet future program needs. Due to the fact the base option included a complete renovation, a
subsequent code requirement of bringing the entire structure up to code required the addition of the roof
reinforcement into the base option. The expanded option priced out all in at $90 M while the base option was at $
70M with the roof reinforcement being approximately $20-21 M of the price. The town has $ 40 M estimated of
VRA funds to expend which would be available to use for Dobson’s renovation. .
Program elements were identified and separated out by cost, these include roof improvements, system
replacements, locker room expansion to address equity issues, spectator code issues and possible enhancement,
ice system replacement. The town’s owner’s representative continues to perform a deep dive into the costs, and
the design team is evaluating various reinforcement verses new roof structures to determine the most feasible
alternative. A program budget charrette with the design team and cost estimators is scheduled for June 14th with
the end of the day establishing a program which meets the budget. A report out to the rec subcommittee will
conclude the charette day. The design team will go back and verify the program with further design work and then
have the cost estimators verify the design against costs to the budget. The revised program and design will be
presented to the Vail Town Council at the July 18th meeting.
2. Update on Parking Systems
The Town has put the parking equipment vendor Fisher Parking Equipment on Notice of Default after providing a
period of cure which the vendor did not satisfy. The provided system did not meet all of the town’s contract
specifications once installed and operated. The main issue with the system is specific to the parking pass sales
software which is operated through a third-party vendor. The Town will issue an RFP for a third-party vendor to
provide a parking pass and sales system which compliments the Town’s current parking access, revenue, and
control system. The RFP solicits vendors who can meet specifications that were originally required by our current
vendor’s contract. The town is also asking the current vendor to address the issues if they are able to do so. Due to
timing of the upcoming winter season, the town wants the opportunity to quickly and independently explore other
third-party vendors who may be able to meet the requirements as an alternative to the current status quo. The
town still holds a final payment of $ 97,030 to Fisher. The value of the current third-party pass sales system which
the Town has already paid Fisher for totals $27,932. Fisher has offered a refund of $19,931 however the town
would need to secure a new third-party vendor for pass sales first. An RFP would determine if a parking pass sales
system exists that meets the requirements of our complex pass structure.
3. Other Updates
The Town Manger may also have other updates to provide the Town Council to ensure timely communication.
82
PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
CATEGORY GOALS NEXT STEPS WHO
Housing The Town of Vail will acquire 1,000 additional resident
housing deed restrictions by the year 2027 as compared
to 2017. By October 1, 2023:
1.Complete the Residences at Main Vail.
2.Initiate the entitlement process for the Timber
Ridge and West Middle Creek housing
developments.
3.Acquire the East Vail CDOT parcel and initiate the
design process.
4.Initiate the acquisition process for one additional
parcel of land to create a significant regional
housing development.
1.5. Amend the commercial linkage requirements and
adopt residential linkage
1. Execute management agreement with RMV property manager. Complete.
2. We are negotiating a development agreement with Triumph on Timber Ridge and there is
more demand than units for this project. A pre-development agreement is completed.
3. Regarding West Middle Creek-geotechnical work has been completed, a site plan has been
developed, and an RFP for developers is being developed by staff. Transportation Commission
has also approved disposing of its land to facilitate this development.
4. Staff is working with CDOT to complete the last steps for acquiring the East Vail CDOT parcel. A
final purchase price still needs to be agreed to.
5. TOV and other stakeholders have begun working with the State Land Board on the Dowd
Junction property.
Housing Director
lead, supported by
Town Manager &
Deputy Manager,
Finance Dept, Public
Works, Com Dev,
Econ Dev
Civic Hub and
Town Hall
By November 1, 2023:
1.Determine a program, budget, and critical path to
renovate Dobson Ice Arena so that it will continue
to serve Vail for another 40 to 50 years.
2.Determine whether to renovate or relocate Town of
Vail offices and if relocated determine best
location(s), a budget, and a timeline for relocation
or renovation.
Note: The Town Manager would request that he be able
to work with cultural arts interests to further refine the
conceptual design and programs for community uses in
addition to Dobson and town offices on the hub site
1. Executed design contract with Populous. Two scenarios have been developed and costed.
The two options are over the estimated revenue available. The Town has hired Cumming Group
as an owner’s representative. Cumming will work on prioritized improvements to build an option
meeting the budget. Soils testing is underway as well as hiring a survey company to provide an
updated topographic survey.
2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide
recommendations to Town Council.3. (Recommended additional task): Facilitate a discussion on
high priority cultural/community uses and how they can be finically sustained over time and
bring forward recommendations to the Town Council.
Public Works
Director - Dobson/
Town Manager &
Com Dev Director,
Econ Dev
Excellent
Customer
Service
By November 1, 2023:
1.Create a clear definition for providing excellent
customer service to our residents and guests for
town services and a means of measuring to what
degree we are providing excellent customer service.
1.2. Identify and implement metrics for objectively
measuring organizational effectiveness and health
so that a baseline is developed which can be
improved on in future years.
Work with leadership team to develop customer service goals and metrics.Leadership retreat
scheduled for June 15 to help define “excellent customer service”. Data points and surveys
currently used have been gathered to provide metrics for future measurement of success.
Town Manager and
Leadership Team
Land Use
Regulations
Support
Town Goals
By November 1, 2023:
Review and analyze Title 12 Zoning, the Official Zoning
Map, Title 14 Development Standards, and other
pertinent land use policy language including the Town of
Vail Comprehensive Plan. Bring forward
recommendations for amendments to help foster the
creation of affordable housing and improved efficiency
of the development review process.
1.Staff is completing an exhaustive set of recommendations to align the zoning code and
administrative policy with the goal of creating affordable housing.
2.Staff will convene focus groups with builders, housing advocates to also solicit feedback on
aligning the development review process to support the Town’s housing goals.
Community
Development
Director, Public
Works Director, Fire
Chief
83
Vail Town Council Action Plan
PROJECT MILESTONE UPDATES POINT of CONTACT
COMMUNITY
West Vail Master Plan
Implementation
Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.
May 2022 – April 2023. Update to Council on March 21, 2023.
Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP.
May 2023 – Sept. 2023. Update to Council May 15, 2023.
Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP.
Coordinate implementation timeline in context of town-wide Transportation Master Plan.
Matt Gennett, Community
Development Director
Timber Ridge Apartments
Redevelopment
Aug. 1, 2023
Updated market study, design development, and entitlement approval process to redevelop Timber
Ridge Village Apartments.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased occupancy.
George Ruther, Director of
Housing
Ford Park Master Plan
Amendments
Ford Park Master Plan Amendments. An update to Town Council scheduled for June 20 Todd Oppenheimer, Capital
Projects Manager
Short Term Rental Policy
Amendments
Jan. 1, 2023
Effective implementation date of Ordinance No. 11, Series of 2022.
Feb. 28, 2023
STR license renewal deadline.
Carlie Smith, Finance Director
Early Childhood Initiatives
Funding in 2023 ($250,000) for Council supported areas including:
Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty
Workforce Retention – grants to 2 programs for 2023
Expansion and Sustainability of ECE programs
– infant subsidy and facility/lease support
– pursuing expansion opportunities via in-home and/or new spaces
Capital support – facility maintenance support ongoing & future capital support TBD
Krista Miller, Human Resources
Director
Cultural Heritage Preservation
& Programs
2023 budget is $25,000.
March 21, 2023 - Resolution No. 4 passed for the Naming or Commemoration of town-owned
properties. Town’s website has been updated to include an online application.
Partner on Trailblazer Award process.
Continued work in 2023: SummerVail Archives; Vail Valley Voices; Library's 40th Anniversary. Eagle
County celebrates 140 years on February 11.
CHC website has been updated to include cultural initiatives from other departments.
Lori A. Barnes, Library Services
Director
84
Permanent Location for
Children’s Garden of Learning
Lease at temporary location expires 2026 or earlier pending 180 days’ notice.Kathleen Halloran, Deputy
Town Manager
Wildland Urban Interface
Code Amendments
May 2023
Town Council update on 2022 Fire Free Five grant program.
May-October 2023
Implement 2023 Fire Free Five grant program.
Fall 2023
Fire Free Five code adoption consideration.
Mark Novak, Fire Chief
ENVIRONMENT
USFS Booth Creek Fuels
Reduction Project
Spring 2023
USFS Record of Decision-draft EA issued on May 5, 2023 with 45 day comment period.
Winter 2023/2024
Identify costs and funding sources.
2023-2030
Implementation - timeline is variable due to external factors.
Mark Novak, Fire Chief
Identify Alternative Fuel
Solutions
2022 - First boiler replacement operational. Collecting data on usage. Town is under contract with the
Grey Edge Group, to study feasibility of a networked geothermal system for decarbonizing the
snowmelt system. Experts toured Vail infrastructure on May 8th.
Kristen Bertuglia,
Environmental Sustainability
Director
Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia,
Environmental Sustainability
Director
Wildlife Crossing at Dowd
Junction
Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia,
Environmental Sustainability
Director
Global Friendship | Peer
Resort Exchange
Programming
Staff to return to town council in Q2 with proposal for areas of alignment with key peer resort and
international community exchanges.
St. Anton delegation of 12 to visit Vail beginning June 6 with official tours and meetings and a
proclamation at the town council meeting and ending with participation at the Go Pro Mountain Games
Mia Vlaar, Economic
Development Director.
Kristen Bertuglia,
Environmental Sustainability
Director
Cultural Heritage Preservation
& Programs
Summer 2022 - Funding recommendations to Town Council for 2023 budget.Lori A. Barnes, Director of
Library Services
Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Kristen Bertuglia,
Environmental Sustainability
Director
Building Code Regs & Climate
Action Plan Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness
2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program.
Matt Gennett, Community
Development Director
ECONOMY
2. Dobson and Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town
Hall services.Currently working with architect/design firm and owner’s rep to refine conceptual designs
based on preliminary cost estimates for Dobson Ice Arena renovations. Joint meeting with VRD and
Town Council planned in coming months.
Matt Gennett, Community
Development Director
Greg Hall, Public Works
Director
4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing.Matt Gennett, Community
Development Director
85
Special Events Funding Model
Alternatives Initiative
As part of the reimagining and restructure of the economic development department as a destination
marketing organization (DMO), a new structure for special events funding will be explored in Q2.Carl
Ribaudo is providing consulting services to address the town’s reorganization into a Destination
Marketing Organization including marketing, special events, welcome centers, and business
development.
Mia Vlaar, Economic
Development Director
Vail’s Stewardship Roadmap Adoption of plan by resolution by Vail Town Council is planned for June 20th. Early implementation
including resourcing, budgeting, and planning to begin in Q2 2023.
Mia Vlaar, Economic
Development Director
Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years
Currently working with architect/design firm and owner’s rep to refine conceptual designs based on
preliminary cost estimates for Dobson Ice Arena renovations. Joint meeting with VRD and Town Council
planned in coming months.
Kathleen Halloran, Deputy
Town Manager
Economic Development
Strategic Plan Update
Following the reimagining and restructuring of the department as a destination marketing organization
(DMO), the economic development strategic plan will be updated in Q4 of 2023.
Mia Vlaar, Economic
Development Director
EXPERIENCE
3. Excellent Customer
Service
By November 1, 2023, achieve the following:
Create a clear definitions of excellent customer service to our residents and guests and a means of
measuring to what degree we are providing excellent customer service.A leadership meeting is
scheduled for June 15, to establish a definition from which to build reportable metrics.
Identify and implement a metric for objectively measuring organizational effectiveness and health
so that a baseline is developed which can be improved on in future years. Feb 24 met with RRC as a
first step in identifying what metrics we have available using the bi-annual community survey and
post-visit guest intercept surveys. Mar 22 internal meeting to discuss creating an inventory of data
to use in measuring guest experience. May 10 have created an internal inventory of existing data
points
Kathleen Halloran, Deputy
Town Manager
Go Vail 2045 –Vail Mobility
& Transportation Master
Plan
July 2022 – May 2024.
Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process
of drafting initial recommendations which will be presented to the public and Council this summer for
initial comment and feedback. Target for completion is May 2024.
Tom Kassmel, Town Engineer
Public Works Shops
Expansion and Access
Improvements
March 2021 – June 2022. - Access Improvements Engaged design team to provide a scope to provide
additional steps to provide access to the upper level of the public works shop building.
Greg Hall, Public Works
Director
E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began.An update to Council scheduled for May 16th on the success of
the program and lessons learned.
Ryan Kenney, Police
Commander
Regional Transportation Ballot measure passed in Nov. 2022. Town Council member Barry Davis is serving as the town’s
representative on the RTA board. This first year will be spent establishing the new RTA.
Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season. On April 18,
Town Council approved recommendations by the Parking Task Force to implement changes to summer
parking overnight rates and event parking rates at Ford Park.
Greg Hall, Public Works
Director
Guest Experience Initiatives PrimaVail and PrimaService programming will reengage in early summer and continue through
September. Early winter will see another reactivation of PrimaVail and PrimaService recognition for the
winter season.
Mia Vlaar, Economic
Development Director
86
AGENDA ITEM NO. 7.2
Item Cover Page
DATE:June 6, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Matters and Status Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
230606 Matters.docx
87
COUNCIL MATTERS
Status Report
Report for June 6, 2023
Social Media Tracking
Here is the link: https://share.sproutsocial.com/view/1c4d5ffe-3edf-4bb9-8d5f-fe3edf6bb9b9
Vail Police had our most popular post since the last report, which used an incident in East Vail to
spread awareness about bear activity and safety:
https://www.facebook.com/159459353017840/posts/559456973018074
We also got public feedback on the new creative for the Dismount Zone signs.
VailGov made an initial social media post about Dismount Zones on 5/24:
https://www.instagram.com/p/CsoJwL4Li0s/
This video was posted 5/26: https://www.instagram.com/p/Cstz3LtO8kp/?hl=en
And the follow up was posted 5/27 when the person was fined for riding through the dismount
zone: https://www.instagram.com/p/CswTxjKrwdZ/?hl=en
The public response was varied.
In the News______________________________________________________
May 11
Booth Heights
https://www.vaildaily.com/news/vail-vail-resorts-wrap-up-court-hearing-over-condemnation-dispute-
in-east-vail/
I-70 Closure
https://www.vaildaily.com/news/vail-police-truck-burst-into-flames-wednesday-after-rear-ending-
another-semi-on-i-70/
May 12
West Vail Master Plan
https://www.vaildaily.com/news/vail-evaluates-zoning-changes-to-incentivize-community-housing-in-
west-vail/
88
May 17
Success Awards - Dwight Recognition
https://www.vaildaily.com/news/vail-valley-partnerships-success-awards-celebrate-business-and-
community/
CORE Act
https://www.vaildaily.com/news/core-act-to-be-reintroduced-with-a-few-changes-in-the-vail-area/
May 18
Flag Policy
https://www.vaildaily.com/news/how-eagle-county-municipalities-determine-what-flags-to-fly/
Highway Clean Up/Community Clean Up/Hard to Recycle Event
https://www.vaildaily.com/news/this-years-highway-cleanup-removes-19-tons-of-trash-from-eagle-
county-roadways/
Census: Vail population decline
https://coloradosun.com/2023/05/18/census-colorados-smaller-communities-are-growing-while-large-
cities-level-off/
May 19
Vail Cares About Wildlife - letter
https://www.vaildaily.com/opinion/letter-town-of-vail-truly-cares-about-our-wildlife/
Shame on Vail Resorts - letter
https://www.vaildaily.com/opinion/letter-shame-on-vail-resorts-for-dragging-out-booth-heights-
litigation/
Town of Vail vs Vail Resorts - letter
https://www.summitdaily.com/opinion/letter-to-the-editor-my-take-on-the-town-of-vail-versus-vail-
resorts-lawsuit/
May 22
Loading & Delivery
https://www.vaildaily.com/news/vail-touts-success-of-loading-and-delivery-programs-first-season/
May 24
Timber Ridge
https://www.vaildaily.com/news/vail-finalizes-agreement-for-165-million-redevelopment-of-timber-
ridge-its-largest-capital-project-ever/
May 26
Summer Parking Program
https://www.vaildaily.com/news/vail-summer-paid-parking-starts-friday/
May 28
89
Sole Power
https://www.vaildaily.com/news/sole-power-green-commuting-challenge-kicks-off-on-memorial-day/
https://www.realvail.com/vails-sole-power-green-commuting-challenge-kicks-off-on-memorial-
day/a16217/
Protect Gore Creek - column
https://www.vaildaily.com/news/water-smart-tips-to-protect-preserve-enjoy-this-natural-resource/
May 29
USDA Composting Grant
https://www.vaildaily.com/news/avon-to-apply-for-usda-composting-and-food-waste-reduction-grant-
for-regional-pilot-program/
May 31
Mountain Towns Loved to Death
https://coloradosun.com/2023/05/31/colorado-mountain-towns-amenity-trap/
Upcoming Council Events
o June 5-8 - St. Anton officials to visit Vail
o July 4th – No Council Meeting; Parade and Festivities!
o July 11 – Community Picnic at Bighorn Park
o August 8 – Community Picnic at Donovan Pavilion
o September 12 – Vail Social
90
AGENDA ITEM NO. 8.1
Item Cover Page
DATE:June 6, 2023
TIME:20 min.
SUBMITTED BY:Alex Jakubiec, Finance
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 12, Series of 2023, First Reading, An Ordinance
Making Budget Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Housing
Fund, Dispatch Services Fund, and Residences at Main Vail Fund
of the 2023 Budget for the Town of Vail, Colorado; and
Authorizing the Said Adjustments as set fort herein; and Setting
forth Details in regard thereto.
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 12,
Series of 2023 upon first reading.
PRESENTER(S):Alex Jakubiec, Budget Analyst/STR Manager and Carlie Smith,
Director of Finance
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Stafff Memorandum - Ordinance No. 12, Series 2023
Ordinance No. 12, Series of 2023
91
TO: Vail Town Council
FROM: Finance Department
DATE: June 6, 2023
SUBJECT: Second Supplemental Appropriation of 2023
I. SUMMARY
During Tuesday evening’s session, you will be asked to approve the first reading of Ordinance
No. 12 making supplemental appropriations and adjustments to the 2023 budget.
II. DISCUSSION
General Fund
Updated Revenue Projections
During the 2023 budget process Council supported a conservative approach to revenue
projections due to uncertainty within the economy and an expectation that there would be a
normalization in visitation after record visitation in 2021 and 2022. With that in mind, sales tax
revenues were projected based on an average between the 2022 forecast and 2019 actuals, the
last normal year before the pandemic. Through April, general 4% sales tax collections total
$20,182,273. This is a $1,132,208 or 6% increase compared to 2022 actuals and tracking 40%
ahead of budget. Staff is proposing to increase budgeted sales tax collections by a total of
$6,085,000 with 62%, or $3,772,700 going to the General Fund and 38% or $2,312,300 to the
Capital Projects Fund. The proposed amended budget for the 4.0% sales tax budget totals
$40,085,000 million, down 1.7% from 2022 actual collections. The adjusted forecast is based on
year-to-date collections through April with the remainder of the year still projected conservatively
down 8% compared to 2022 actuals. A corresponding increase of $733,410 is also proposed
for the 0.5% Housing Sales Tax reflected in the Housing Fund. The 2023 amended housing
sales tax budget totals $4,858,410, down $96,049, or 2% from 2022 actuals.
Staff is also proposing budget increases to several other of the Town’s major revenue sources
including lift tax and parking sales. Lift Tax is proposed to increase by $339,044 increasing the
total amended budget to $6,234,550, a $239,068, or 4% decrease from 2022. The adjusted
forecast is based on year-to-date collections with the remainder of the year projected down
10%. Staff is also reflecting an increase in parking sales which includes a $513,737 increase in
daily parking sales and a $407,536 increase in parking pass sales. This projection also reflects
year to date actual collections with the remainder of the year down 10%.
1 92
During 2022, the Council voted to increase Short Term Rental (STR) license fees to cover the
program’s costs, including the software and staffing. The supplemental proposes an increase of
$300K in STR license fees to reflect the updated fee structure. The total estimated STR
collections for 2023 totals $375,000, the town’s approximate annual cost of the STR program.
In total budget revenues in the General Fund will be increased by $5,418,434. Aside from the
increases listed above, this total includes two project reimbursements:
$79,914 CASTA Colorado Energy grant to partially reimburse expenses related to the
East Vail pilot Hiker bus service. The total cost of the hiker bus service is estimated to be
$98,691 which includes $60,885 for personnel, $33,806 for fuel, and $4,000 for
marketing the new service. This service will run 6/2 through 9/3 daily with weekend
service extended from 9/8 through 10/8.
$10,000 reimbursement from the Vail Local Marketing District (VLMD) for a destination
marketing organization (DMO) study. The total cost of this study is $20,000 and will be
split evenly between the VLMD and the Town of Vail.
General Fund expenditures are proposed to increase by $538,341 of which $89,914 will be
reimbursed listed above. The remaining $448,427, includes:
$250,000 increase to pursue the next steps in implementing the Civic Area Plan. This
will focus on a new Civic Hub, determining an optimal plan for the Town Municipal
building, and determining future uses of the Charter Bus lot—including relocation of the
Children’s Garden of Learning temporary location.
$25,000 increase for the peer resort program, specifically related to St. Anton’s visit in
June.
$10,320 in additional ChargePoint electric vehicle charger expenses at Red Sandstone
garage. These chargers were purchased by Holy Cross Energy. Due to the Town taking
over the maintenance and warranty contracts, there is additional expense in 2023.
$85,000 to complete housing site feasibility studies including $10,000 for the CDOT East
Vail parcel and $75,00 for the CDOT Middle Creek parcel.
$20,000 to increase Human Resources’ recruitment budget due to invoice timing. The
majority of this, $15,000, was related to a late payment of a 2022 bill. The remaining
$5,000 is for Town Manager relocation expenses.
$23,500 is requested to facilitate the roll-out of a new internal values structure developed
by the Town’s Culture Club in coordination with an organization leadership specialist and
the Town’s leadership team. $3,500 is requested for the facilitation specialist, with an
additional $10,000 for an employee event, and $10,000 for an employee values
recognition program.
$5,830 for summer Vail brand ad in the Covered Bridge magazine. This ad will include
event highlights.
During the 2023 budget process, Council supported a premium compensation philosophy. A
placeholder of $2.8M was budgeted in the General Fund. This supplemental reflects the
allocation of a portion of these funds to the Real Estate Transfer Tax Fund ($197,660). Heavy
Equipment Fund ($59,652), and the Dispatch Services Fund ($154,037).
The above adjustments to the General Fund 2023 budget result in an estimated fund balance of
$53.8 million by the end of 2023, or 94% of annual revenues in a normal year.
Capital Projects Fund
Budgeted revenues will be adjusted by a total of $2,319,800 of which $2,312,300 is due to the
increase in sales tax collections projections. Please see the revenue projection details in the
2 93
General Fund above for full explanation of this adjustment. The remaining $7,500 is a rebate
from Tesla on the purchase of a Tesla Sedan for the Town’s electric vehicle pilot program. This
will be offset by an increase in expenditures.
Aside from the $7,500 rebate reimbursement listed above, staff is requesting to supplement
2023 expenditures by a total of $460,690 which includes the following:
$283,190 reappropriation of prepaid software expenditures for the new parking system.
The cost will be amortized over the five-year subscription service period.
$150,000 in contingency funds for the roundabout lighting upgrade project. The costs for
this project were higher than anticipated leaving minimal contingency funds. This project
requires underground work at the roundabouts which has not been exposed in 25- 30
years. Staff is anticipating unknown issues due to the age of the underground
infrastructure.
$30,000 to supplement software expenses. Costs for Building OS software were not
included in the original 2023 budget amount. The Building OS software is used to track
the Town’s energy usage.
A $(10,000) reduction in snowmelt boiler expenses is proposed with a corresponding
transfer to the RETT fund to conduct a feasibility study for alternative energy snowmelt
systems. This will have no net increase to the total budget.
All the above adjustments will result in an estimated fund balance of $16.1 million by the end of
2023.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $25,000 for a contribution from the
Colorado Water Conservation Board towards the 2-year stream bank setback project.
RETT fund expenditures are proposed to increase by $57,932. This includes:
$10,000 transfer from the Capital Projects Fund for a feasibility study to pursue
alternative energy solutions for the town’s snowmelt boilers.
A $18,747 transfer from the tree maintenance budget to the parks capital maintenance
budget to cover increased expenses of landscape maintenance at various locations
throughout Town.
A $25,000 transfer from the street furniture budget to the town’s annual parks operations
budget to purchase new flower planters for various locations throughout town.
$4,185 to purchase and replace two e-bikes for prior year “E-Bikes for Essentials”
participants whose bikes were stolen last month. These bikes were locked using the top-
of-the-line Kryptonite lock provided by the Town.
The Real Estate Transfer Tax Fund reflects a transfer of $197,660 from the General Fund
directly offset by an increase in personnel expenditures for the Wildland ($98,748), Parks
($73,116), Environmental ($18,164) and Art in Public Places ($7,632) departments to reflect the
change in compensation philosophy.
The above adjustments will result in an estimated fund balance of $7.5 million at the end of
2023.
3 94
Housing Fund
Housing Fund expenditures are proposed to increase by a total $5,035,000. This includes:
$4,985,000 placeholder for the prospective purchase of two CDOT parcels for future
housing projects. These parcels are located near Timber Ridge and Middle Creek.
$50,000 in placeholder funds to explore potential housing partnership opportunities at
the CDOT site in Eagle-Vail. This would be in conjunction with the county and other
municipalities.
The above adjustments will result in an estimated fund balance of $4.1 million at the end of
2023.
Marketing Fund
The Marketing fund reflects a transfer of $60,000 from the Signature Events budget to Town
Produced events for the Vail America Days event. Excluding fireworks, the total cost of this
event is estimated to be $140,000. This has no net impact on the total budget.
Heavy Equipment Fund
Heavy Equipment expenditures are proposed to increase by a total of $142,306. This includes:
$108,500 due to the increased vehicle costs for a replacement motor grader ($73.5K)
and backhoe ($35K). These budget increases were supported by the Town Council
during the April 18th Council meeting.
Budgeted adjustments also reflect an increase of $33,806 in the interagency fee directly
offset by increased expenditures for the new hiker bus services fuel/bus operating
expenditures.
The Heavy Equipment Fund also reflects a transfer of $59,652 from the General Fund directly
offset by an increase in personnel expenditures to reflect the change in compensation
philosophy.
Dispatch Services Fund
Budgeted adjustments in the Dispatch Service Fund include an increase in personnel expenses
of $257,037 for the implementation of the compensation study. These funds were originally
budgeted in the General Fund. This increase in compensation is directly offset by a transfer
from the General Fund ($154,037) and reimbursement of $103,000 from Eagle County.
Residences at Main Vail Fund
The Residences at Main Vail Fund currently includes placeholder estimates for 2023 operations.
When the 2023 budget was approved, operating plans and rent policies were still undecided.
Since then, staff has worked with Triumph West Management to refine a budget. The updated
budget reflects a decrease in rental income of $184,722 due to a later-than-expected opening
and the discounted rent option offered to Timber Ridge residents. A decrease in budgeted
expenditures of $36,811 is also reflected.
4 95
Proposed
2023 1st 2023 2nd 2023
Budget Supplemental Amended Supplemental Amended
Revenue
Local Taxes: 34,000,000$ 34,000,000$ 6,085,000$ 40,085,000$ Increase budget to YTD Actuals with remainder of year down 8% from
2022; overall 2% down from 2022
Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 62/38 62/38
Sales Tax 21,080,000 21,080,000 3,772,700 24,852,700
Property and Ownership 6,070,789 6,070,789 6,070,789
Ski Lift Tax 5,895,506 5,895,506 339,044 6,234,550 Increase budget to YTD Actuals with remainder of year down 10% from
2022
Franchise Fees, Penalties, and Other Taxes 1,751,381 1,751,381 1,751,381
Licenses & Permits 2,728,134 2,728,134 300,000 3,028,134 Increase budget for short-term rental licensing $300K
Intergovernmental Revenue 2,856,946 130,500 2,987,446 89,914 3,077,360
VLMD reimbursement for DMO Marketing Study ($10K); CASTA
Colorado Energy grant for Hiker Bus ($79.9K) offset by $98K increase in
expenditures below
Transportation Centers 7,769,724 7,769,724 916,776 8,686,500 Increase budget to YTD Actuals with remainder of year down 10% from
2022
Charges for Services 999,980 999,980 999,980
Fines & Forfeitures 210,700 210,700 210,700
Earnings on Investments 150,000 266,026 416,026 416,026
Rental Revenue 1,415,002 30,645 1,445,647 1,445,647
Miscellaneous and Project Reimbursements 318,000 3,150 321,150 321,150
Total Revenue 51,246,162 430,321 51,676,483 5,418,434 57,094,917
Expenditures
Salaries 25,816,994 1,100,000 26,916,994 (374,818) 26,542,176
Salary cost for pilot hiker bus program ($36.5K); Allocate $411K for
compensation study to Heavy Equipment Fund, Real Estate Transfer
Tax, and Dispatch Services Fund
Benefits 8,592,954 200,000 8,792,954 24,354 8,817,308 Benefit cost for pilot hiker bus program ($24.4K)
Subtotal Compensation and Benefits 34,409,948 1,300,000 35,709,948 (350,464) 35,359,484
Contributions and Welcome Centers 284,134 10,000 294,134 294,134
Childcare Program Funding 250,000 250,000 250,000
All Other Operating Expenses 11,457,111 439,448 11,896,559 193,650 12,090,209
Hiker bus marketing ($4K); St. Anton ($25K); Charge Point
warranty/maint. ($10K); DMO Study ($20K) offset by $10K VLMD reimb.;
Middle Creek study ($75K;) East Vail study ($10K); Increase employee
recruiting ($20K); organizational values update ($23.5K)
Heavy Equipment Operating Charges 2,999,890 2,999,890 33,806 3,033,696 Hiker bus service interagency cost ($33.8K)
Heavy Equipment Replacement Charges 1,101,105 1,101,105 1,101,105
Dispatch Services 669,317 669,317 669,317
Total Expenditures 51,171,505 1,749,448 52,920,953 (123,008) 52,797,945
Surplus (Deficit) from Operations 74,657 (1,319,127) (1,244,470) 5,541,442 4,296,972
One-Time Items:
Federal Grants
CRRSAA Transit Grant (Operating)- 337,234 337,234 337,234
American Rescue Plan Grant - (1,365,835) (1,365,835) (1,365,835)
American Rescue Plan Initiatives - 1,365,835 1,365,835 1,365,835
Planning Projects
VLMD Transfer for Destination Stewardship Mgmt. Plan 200,000 200,000 200,000
Destination Stewardship Mgmt. Plan (200,000) (30,319) (230,319) (230,319)
Vail Vision (100,000) (100,000) (100,000)
Civic Area/Dobson Master Plan (100,000) (100,000) (250,000) (350,000) Additional Civic Area planning funds for Community Hub ($250K)
West Vail Master Plan (100,000) (100,000) (100,000)
Contributions Funded with Reserves
Vail Chapel Capital Contribution - (500,000) (500,000) (500,000)
ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) (100,000) (100,000)
Net Increase /(Decrease) due to One- Time Items: (400,000) (193,085) (593,085) (250,000) (843,085)
Transfer to Marketing & Special Events Fund (1,500,000) (35,000) (1,535,000) (1,535,000)
Transfer to Other Funds (1,200,000) (1,200,000) (411,349) (1,611,349) Allocate $411K for compensation study to Heavy Equipment Fund, Real
Estate Transfer Tax, and Dispatch Services Fund
Surplus (Deficit) Net of Transfers and One-Time Items (3,025,343) (1,547,212) (4,572,555) 4,880,093 307,538
Beginning Fund Balance 53,512,085 53,512,085 53,512,085
Ending Fund Balance 50,486,742$ 48,939,530$ 53,819,623$
As % of Annual Revenues 99%95%94%
EHOP balance included in ending fund balance - not spendable 1,526,018$ 16,396$ 1,542,414 - 1,542,414
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
5 96
Proposed
1st 2023 2nd 2023
2023 Supplemental Amended Supplemental Amended
Total Sales Tax Revenue: 34,000,000$ 34,000,000$ 6,085,000$ 40,085,000$
Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 Sales tax split 62/38
Sales Tax - Capital Projects Fund 12,920,000$ 12,920,000$ 2,312,300$ 15,232,300$ Updated projections based on YTD actuals, with remainder of the year down 8% from PY; 2% down from 2022 in
total
Use Tax 2,000,000 2,000,000 2,000,000 Based on 5-year average
Franchise Fee 1,000,000 1,000,000 1,000,000 2023: Utilize Franchise Fee for Holy Cross underground utilities project: 1% Holy Cross Franchise Fee approved in 2019;
2022-2035 based on 2% annual increase
Federal Grant Revenue - 1,650,000 1,650,000 1,650,000 2023: Re-appropriation of $1.65M grant from Hickenlooper/Bennet federal grant award for two additional electric buses
Other County Revenue - 111,333 111,333 111,333 2023: Re-appropriate $50K for VLMD reimbursement for Welcome Center displays; re-appropriate $61.2K grant for share
of SOU robot
Other State Revenue 250,000 4,171,158 4,421,158 4,421,158 2023: Re-appropriate $1.8M CDOT grant towards two electric buses; $2.1M CDOT grant for four electric buses; $255.7K
CDOT grant for four electric bus chargers; $36K grant for electric car charging infrastructure
Lease Revenue 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)
Timber Ridge Loan repayment 462,999 462,999 462,999 2023: Payoff of TR Loan (originally budgeted to be paid off in 2028)
Earnings on Investments and Other 67,348 67,348 7,500 74,848 2023: $7.5K Tesla rebate. 0.7% returns assumed on available fund balance
Total Revenue 16,864,414 5,932,491 22,796,905 2,319,800 25,116,705
Facilities
Facilities Capital Maintenance 590,000 590,000 590,000 2023: Fire Station II exhaust extraction system ($75K), Fire Station III Stucco patching/painting ($40K); library air
handling replacement ($125), Bus barn gradient tube replacement ($50K);
Municipal Complex Maintenance 205,000 1,531,398 1,736,398 1,736,398 2023: Re-appropriate $1.5M for TOV facility maint of which $750k will be used towards Muni Air Handling replacement;
2023: Comm Dev boiler replacement ($100K), Comm Dev air handler replacement ($75K)
Building Energy Enhancement Projects 25,000 - 25,000 25,000 2023: Placeholder for energy enhancements specific to Town buildings
Public Works Building Maintenance 80,000 100,000 180,000 180,000 2023: Re-appropriated $100K to relocate furnace and partial exterior paint. $80k Window replacement
Welcome Center/Grandview Capital Maintenance 25,000 313,000 338,000 338,000 2023: Re-appropriate $213K to complete replacement of Welcome Center Display upgrades; Re-appropriate $100K for
furniture replacement
Welcome Center Display Upgrades 13,000 - 13,000 13,000 2023: Welcome Center Display upgrades
Employee Rental Units 2,500,000 2,281,958 4,781,958 4,781,958 2023: Re-appropriate $2.25M for TOV employee Rental Unit purchases; 2023 $2.5M Employee Rental Units purchases to
Capital Fund
Employee Rental Capital Maint 250,000 25,000 275,000 275,000 2023: Re-appropriate $25K for Cap. Maint of TOV employee rental units. Transfer 2022 Capital maint budget for town
owned rental units to Capital Fund
Snowmelt Boilers Replacement 500,000 1,100,000 1,600,000 (10,000) 1,590,000 2023: Transfer $10K to RETT Fund for Snowmelt Feasibility study; Re-appropriate $1.1M for (3) BTU boiler
replacements; $500k for TRC electric boiler replacements (2)
Arabelle Snowmelt Boilers 190,000 190,000 190,000 2023: Shared expense with Arrabelle for streetscape heat; Boiler replacement
Donovan Pavilion Remodel 25,000 25,000 25,000 2023: $25K annual capital maintenance budget
Fire Sprinkler Upgrades at Bus Barn 100,000 100,000 100,000 2023-2024: Update Fire Sprinkler system in bus barn to accommodate needs of expanded electric bus fleet; 2023
includes $100K for design with $500K in 2024 for installation
Public Works Shops Expansion - 257,037 257,037 257,037 2023: Re-appropriated $257K to pave the ring road on western side of project. Expansion and remodel of the Public
Works shop complex as outlined in an updated public works master plan
Total Facilities 4,503,000 5,608,393 10,111,393 (10,000) 10,101,393
Parking
Parking Structures 940,000 350,000 1,290,000 1,290,000 Re-appropriate VTC stair #5 replacement $300k and $50k ebike parking/charging. 2020-2035: Various repairs including
deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
697
Proposed
1st 2023 2nd 2023
2023 Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Parking Entry System / Equipment -243,708 243,708 283,190 526,898 2023: Re-appropriate $283.2K prepaid parking subscription funds to be amortized over subscription period; Re-
appropriate $209K for ongoing costs of the new parking system; $35K additional parking system costs
Lionshead Parking Structure Landscape Renovations (VRA) -20,000 20,000 20,000 2023: Re-appropriate $20K to complete landscaping at the Lionshead parking structure
Total Parking 940,000 613,708 1,553,708 283,190 1,836,898
Transportation
Bus Shelters 230,000 28,489 258,489 258,489 2023: Re-appropriate remaining budget to complete 4th shelter ($28K) Bus shelter annual maintenance
Replace Buses -9,846,643 9,846,643 9,846,643 2023: Re-appropriate $9.8M bus replacements, 6 anticipated in 2023 of which a portion of this is offset by grant
reimbursements
Bus Wash Equipment 300,000 300,000 300,000 2023: Replace Bus Wash System with simpler more reliable drive through brush system. Current system is six years old is
consistently breaking down
Bus Sign Replacement 165,270 165,270 165,270
2023: $165.3K for the replacement of 15 intown electric bus signage with Sunrise 2-line CDP. The current Daktronics
signs are 9 years old and at the end of their useful life. The Sunrise signs give transit the ability to display real time bus
arrival information, as well as post messages about route impacts and service changes riders may experience.
Traffic Impact Fee and Transportation Master Plan Updates -273,104 273,104 273,104 2023: Re-appropriate $273K for ongoing updates to the mobility and transportation master updates
Hybrid Bus Battery Replacement -165,000 165,000 165,000 2023: Re-appropriate $165k placeholder incase of failure
Electric bus chargers and electrical service rebuild -397,020 397,020 397,020 2023: Re-appropriate $397K for electric bus charging infrastructure
Total Transportation 695,270 10,710,256 11,405,526 - 11,405,526
Road and Bridges
Capital Street Maintenance 1,350,000 1,350,000 1,350,000 2023: Annual Capital street maint placeholder allocation includes asphalt and mill overlay ($575K)
Street Light Improvements 75,000 290,000 365,000 365,000 2023: Re-appropriate street light replacements, town now has electrical supervisor to complete work $290K; Town-wide
street light replacement
Slifer Plaza/ Fountain/Storm Sewer -70,714 70,714 70,714 2023: Re-appropriate $70.7k for water quality smell issues
Vail Health / TOV Frontage Road improvements -250,000 250,000 250,000 2023: Re-appropriate remaining expenses for roundabout project, landscape and signage $250K of which $235K will be
reimbursed by the VRA with $15K reimbursed by Vail Health for the bus stop
Neighborhood Bridge Repair 1,400,000 93,199 1,493,199 1,493,199 2023: Re-appropriate $93k for bridge repairs, project to be constructed this year. Repair two bridges on Bighorn Rd.
$500K, one bridge on Nugget Lane at Gore Creek $450K, and one bridge on Lupine Drive at Gore Creek $450K.
Seibert Fountain Improvements -27,082 27,082 27,082 2023: Re-appropriate $27K for continued fountain upgrades
Roundabout Lighting Project 1,750,000 50,000 1,800,000 150,000 1,950,000
2023: $150K contingency for roundabout lighting project. The 2023 budget includes $1.8M and proposes to install
new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light
poles and would incorporate smart transportation equipment such as traffic cameras
Neighborhood Road Reconstruction 300,000 1,315,701 1,615,701 1,615,701 2023: Re-appropriate $1.3M for East Vail road draining improvements, to be constructed this year. 2023 includes
additional $300K for increased construction costs for this project
Vail Village Streetscape/Snowmelt Replacement 250,000 1,183,961 1,433,961 1,433,961 2023: Re-appropriate $1.2M Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village
Lionshead Streetscape/Snowmelt Replacement (VRA)1,500,000 1,500,000 1,500,000 2023-2024: Replacement of 18 yr. old streetscape and snowmelt infrastructure in Lionshead
Total Road and Bridge 6,625,000 3,280,657 9,905,657 150,000 10,055,657
Technology
Town-wide camera system 30,000 30,000 30,000 $30K Annual maintenance
Audio-Visual capital maintenance 110,000 45,000 155,000 155,000 2023: Re-appropriate $45K for council chambers upgrade; 2023: Update of Grandview/Library/Community room/Donovan
A/V systems
Cybersecurity 150,000 150,000 150,000 Annual 'Investment in cybersecurity, to keeps up with the ongoing changes that are required to maintain a safe and secure
computing environment (previously budgeted in software licensing); 2023: Includes additional firewall purchase
Software Licensing 725,000 725,000 30,000 755,000 2023: Building OS Software $30K. Annual software licensing and support for town wide systems
798
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2023 Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Hardware Purchases 75,000 75,000 75,000 2023:$75K for workstation replacements (20-25 per year)
Website and e-commerce 60,000 60,000 60,000 2023: Annual website maintenance ($60K)
Fiber Optics / Cabling Systems in Buildings 100,000 528,549 628,549 628,549 2023: Re-appropriate $528.5K for project implementation. Planning stage taking longer than anticipated; 2023: $100K
Repair, maintain & upgrade cabling/network Infrastructure $50K
Network upgrades 50,000 50,000 50,000 Computer network systems - replacement cycle every 3-5 years $50K
Data Center (Computer Rooms)150,000 150,000 150,000 2023: $150K data center maint
Broadband (THOR)110,000 110,000 110,000 2023/2024: $110K annual broadband expenses
Phone System 100,000 100,000 100,000 2023: Avaya phone system upgrade/replacement ($100K)
Business Systems Replacement 70,000 55,000 125,000 125,000 2023: Re-appropriate $55K for HR Performance mgmt. system; 2023: Placeholder for Budget Software ($40K); $30K
every other year for parking system upgrades
Total Technology 1,730,000 628,549 2,358,549 30,000 2,388,549
Public Safety
Public Safety IT Equipment 150,000 150,000 150,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push
information to TOV and other agencies; TOV portion of annual Intergraph software maintenance;
Public Safety Equipment 281,548 156,147 437,695 437,695 2023: $17.1K for flock safety LPR cameras; $14.8K for 11 additional AED units, $32.2K Axon body camera equipment-
annual cost. Reappropriate SOU robot, received in 2023 $92k.
Fire Safety Equipment -15,000 15,000 15,000 2023: Re-appropriate backordered equipment, $15K
Thermal Imaging Cameras -12,000 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or
heat barriers
Event Equipment -12,022 12,022 12,022 2023: Apres event tent $12K funded by transfer from Marketing Fund. Event trailer and moveable barricades to provide
barriers for vehicle entry into event areas
Fire Station Alert System 18,000 18,000 18,000 2023: $18K for additional forcible entry training prop reducing need for East Vail crew to travel to West Vail for this type of
training;
Fire Truck Replacement 540,000 1,727,162 2,267,162 2,267,162
2023: Re-appropriate $1.7M for ladder truck replacement under contract. 2023: Type III Truck (heavy wildland engine);
2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; $540K for replacement of Engine I
purchased in 2011 (Truck was ordered in 2022 but unable to be delivered)
Total Public Safety 989,548 1,922,331 2,911,879 - 2,911,879
Community and Guest Service
Children's Garden of Learning Temporary Facility Relocation - 82,165 82,165 82,165 2023: Re-appropriate $82K to complete on-going east slope work
Pepi's Memorial -6,000 6,000 6,000 2023: Re-appropriate $6K for artist design of Pepi's Memorial in Pepi's Plaza; Construction currently not budgeted
Loading and Delivery Capital 200,000 50,000 250,000 250,000 2023: Reappropriate $50k to cover potential increased costs of EV Carts; $200K Capital asset purchases to support the
loading and delivery program
Energy Enhancements 40,000 48,912 88,912 88,912 2023: Reappropriate $18.9K for EV Charging infrastructure; $40K Installation of EV stations to meet increased demand.
There is potential for grants to offset the initial capital cost of the equipment and installation
Pedestrian Safety Enhancements 350,000 16,213 366,213 366,213 2023: Re-appropriate $16K for lighting crossing at Safeway; $350K Construction of RRFB Pedestrian Crossing at
Safeway
Bollard Installation Project 650,000 650,000 650,000 Installation of retractable and standard bollards throughout the Vail & Lionshead Villages and Ford Park ($650K) offset by
$250K MMOF Grant in 2023; possible future grant opportunities in 2024/2025
Civic Area Redevelopment 1,000,000 57,000 1,057,000 1,057,000 2023: Re-appropriate $57K for Dobson and lot 10 park designs; 2023: $1.0M placeholder for Civic Center projects.
Underground Utility improvements 2,500,000 2,500,000 2,500,000 2023: Underground HCE from Main Vail to East Vail in conjunction with fiber conduit ($2.5M)
Guest Services Enhancements/Wayfinding 750,000 152,907 902,907 902,907 2023: Re-appropriate $153K to for wayfinding sign project, final vendor decision pending. 2023: Updated Parking and
Transit signage ($750K)
Electric Vehicle Pilot Program 120,000 120,000 7,500 127,500
2023:$7.5k towards electric vehicle purchases, offset by Tesla rebate (corresponding reimbursement above).
Purchase Ford F150 Lightning and Sedan Tesla Model 3 to support Council's goal of an electric vehicle fleet. These
vehicles would be rotated into for departments to test capabilities and range.
899
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2023 Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Vehicle Expansion 342,000 166,418 508,418 508,418 2023: Re-appropriate $139K for 2 PD expansion cars, due to order timing; $26K increase in cost for 2 PD Cars. 2023: 5
PD take-home vehicles ($342); Parking Department Nissan Leaf ($33K)
Total Community and Guest Service 5,952,000 579,615 6,531,615 7,500 6,456,950
-
Total Expenditures 21,434,818 23,343,509 44,778,327 460,690 45,239,017
Other Financing Sources (Uses)
Debt Service Payment (1,154,784) (1,154,784) (1,154,784) Annual Debt Payment for PW Shops
Transfer from Vail Reinvestment Authority 2,550,000 531,546 3,081,546 3,081,546
2023: $1.5M Streetscape/Snowmelt Replacement, $1.0M Civic Area Plan, $20K Lionshead parking Landscaping, $235K
to complete Frontage Rd Improvements ($250K less $15K reimbursement from Vail Health), $82K to complete CGL
boulder wall
Transfer to Residences at Main Vail (825,000) (4,925,444) (5,750,444) (5,750,444) 2023: Re-appropriate transfer to Residences at Main Vail Fund for funding beyond bond proceeds and to cover annual
debt service payments
Transfer to Housing Fund (2,500,000) -(2,500,000) (2,500,000) 2023: $2.5M for Vail InDeed
Transfer from Marketing Fund -12,022 12,022 12,022 Transfer from Marketing Fund for Après Tent
Total Other Financing Sources and Uses (1,929,784) (4,381,876) (6,311,660) -(6,311,660)
Revenue Over (Under) Expenditures (6,500,188) (21,792,894) (28,293,082) 1,859,110 (26,433,972)
Beginning Fund Balance 15,228,496 42,520,271 42,520,271
Ending Fund Balance 8,728,308 14,227,189 16,086,299
910
0
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2023 Supplemental Amended Supplemental Amended
Real Estate Transfer Tax 7,000,000$ 7,000,000$ 7,000,000$ 2022: Based on 5-year average
Golf Course Lease 173,417 173,417 173,417 Annual lease payment from Vail Recreation District; Rent income funds the "Recreation Enhancement Account" below
Intergovernmental Revenue 300,000 428,000 728,000 25,000 753,000
2023: $25K CWCB contribution for 2 Year Stream Bank Setback Project. $55K from Eagle County for wildfire mitigation;
Reappropriate $300K ERWSD reimbursement for Dowd Junction retaining wall project; $50K for shift bike program ($22K to
reimburse TOV remainder for county-wide program);$22.5K CPW bear education grant
Project Reimbursements 50,000 50,000 50,000 2023: $50K Nature Conservancy Grant to implement fuels treatment projects
Donations - 13,221 13,221 13,221 2023: $13.2K Re-appropriate unused East West donation for Ford Park art space
Recreation Amenity Fees 10,000 10,000 10,000 $10K annually
Earnings on Investments and Other 89,176 89,176 89,176 2023: $40K use of bag fees for two hard-to-recycle events and one Town Clean Up Day; $30K Bag fee for plastic bag expansion in
compliance with state policy;2023 0.4% interest rate assumed
Total Revenue 7,622,593 441,221 8,063,814 25,000 8,088,814
Management Fee to General Fund (5%)350,000 350,000 350,000 5% of RETT Collections - fee remitted to the General Fund for administration
Wildland
Forest Health Management 669,272 669,272 98,748 768,020 2023: Transfer from GF for compensation study adjustments $98.7K. Transfer from GF for wages/benefits; Operating budget
for Wildland Fire crew; 2022 includes additional 2.3 FTE
Wildfire Mitigation 20,000 55,000 75,000 75,000 2023: $55K mitigation paid for by Eagle County; 2023: $20K annually to support wildfire mitigation projects as identified in the 2020
Vail Community Wildfire Protection Plan;
NEPA for East Vail Hazardous Fuels Reduction 50,000 50,000 50,000
2023: $50K to implement fuels treatment projects reimbursed by a Nature Conservancy grant; Complete the NEPA analysis for the
East Vail Hazardous Fuels Reduction Project. This is a project which council has already voted to support, it consists of hazardous
fuels reduction on USFS lands from East Vail to Red Sandstone Road
Fire Free Five - Rebate program 225,000 30,000 255,000 255,000
2023: Roll forward unused Fire Free Five rebates unused in 2022 $30K. 2023: $200K annually for the Fire Free Five Community
Assistance Program provides funding to community members for the implementation of defensible space within the first five feet of
the building; $25K to create publication to assist homeowners with implementation
Fire Free Five - TOV Implementation 150,000 45,617 195,617 195,617 2023 roll forward unused Fire Free Five- TOV facilities budget $46K; $150K Fire Free Five implementation at TOV facilities
Total Wildland 1,114,272 130,617 1,244,889 98,748 1,343,637
Parks
Annual Park and Landscape Maintenance 2,234,540 2,234,540 98,115 2,332,655 2023: $73.1K transfer from GF for compensation study adjustments; $25k transfer from street furniture project to purchase
flower planters. Ongoing path, park and open space maintenance, project mgmt.
Park / Playground Capital Maintenance 160,000 160,000 18,747 178,747
2023: Transfer $18.7K from Tree Maintenance for increased costs of landscaping work at multiple locations around town;
Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans,
painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance
Pepi's Plaza 50,000 50,000 50,000 2023: Placeholder for artist inspired tribute at Children's Fountain
Fountain Repairs 50,000 50,000 50,000 2023: Children's Fountain Water Quality
Mayors Park Capital Maintenance - 2,500 2,500 2,500 2023: Re-appropriate $2.5K to replace drinking fountain at Mayors Park. 2022: $50K Replace flagstone at Mayors Park
Tree Maintenance 75,000 75,000 (18,747) 56,253 2023: Transfer $18.7K to park maintenance for landscaping work; $75K On going pest control, tree removal and replacements
in stream tract, open space, and park areas
Street Furniture Replacement 85,000 70,000 155,000 (25,000) 130,000 2023: $25k transfer from furniture funds to parks operations for new flower planters; Re-appropriate $70K to replace blue
Covid picnic tables with a more aesthetically pleasing option. Annual street furniture replacement ($85K)
Village Art Landscape Enhancements 135,000 44,364 179,364 179,364
2023: Re-appropriate $8.4K for landscape enhancements to areas around the 10th Mtn. Statute and Covered bridge areas; $36K
increase for areas around the 10th Mtn Statue and Covered Bridge. 2023: Landscaping Enhancement of 10th Mtn Statue Site
($75K) and planting bed near Squash Blossom ($25K); Landscaping and excavation for "Male Baseball Player #1" donated
sculpture on the upper playing fields of Ford Park ($35K).
Stephens Park Safety Improvements - 15,000 15,000 15,000 2023: Re-appropriate $15K playground equipment
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
1010
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TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Ford Park Master Plan - 72,292 72,292 72,292
2023: Carryforward $72k for ongoing consultant fees. Council approved contract with WRT 6/22. Master Plan Revisions/Updates to
address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion,
conversion of fields to turf
Ford Park- Betty Ford Way Pavers - 116,507 116,507 116,507 2023: Re-appropriate $116K for remaining project costs under contract; Construction of new concrete unit paver roadway, new steel
guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with BFAG
Ford Park Enhancement: Priority 3 Landscape area - 5,946 5,946 5,946 2023: Re-appropriate $5.9K for landscaping at the Nature Center bridge
Ford Park Playground Improvements 50,000 193,361 243,361 243,361
2023: Re-appropriate $193K for completion of safety improvements to the Ford Park play area; Safety Improvements to the Ford
Park play area including wooden bridge to boulder area, expansion to toddler area, ADA upgrades, and replacement of a safety net;
2023: Add $50K to 2022 Budget for increased costs
Ford Park Lighting Control System - 180,000 180,000 180,000 2023: Re-appropriate $180k to complete active contract to replace Ford Park lighting control system 2022; Current system is over
10 yrs. Old
Sunbird Park Fountain Repairs - 3,430 3,430 3,430 2023: Re-appropriate $3.4K for final bills
Vail Transit Center Landscape - 20,000 20,000 20,000 2023: Re-appropriate $20K for completion of landscaping at Vail transit center
Turf Grass Reduction - 220,000 220,000 220,000 2023: $220K continuation of turf grass reduction projects at Red Sandstone Underpass, Municipal Bldg. Frontage, and Main Vail
Perimeter Areas
Kindell Park/Mill Creek 100,000 149,862 249,862 249,862 2023 : Re-appropriate $150k for improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship park -
project is in design; 2023: riparian planting and improved pedestrian circulation along Mill Creek corridor ($100K)
Donovan Park Improvements 150,000 57,000 207,000 207,000 2023: Re-appropriated $57K for relandscaping on Donovan Park parking lot islands project is under contract; 2023: Replacement of
play area decks and some equipment 2022
Gore Creek Promenade Rehabilitation 55,000 353,897 408,897 408,897
2023: Re-appropriate $354K for ongoing project, slated for fall 2023. Planning, design, and rehabilitation of the Gore Creek
Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood
picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket Park
Total Parks 3,144,540 1,504,159 4,648,699 73,115 4,721,814
Rec Paths and Trails
Rec. Path Capital Maint 165,000 7,242 172,242 172,242
2023: Re-appropriate $7.2K for Capital maintenance of the town's recreation path system; annual maintenance of the rec. path
system $165K. 2022: $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's
recreation path system
Bike Safety 10,000 6,473 16,473 16,473 2023: Re-appropriate $6.5K for ongoing bike signage project; $10K annual cost for bike safety programs
Bike Path Signage 25,000 23,016 48,016 48,016 2023 Re-appropriate $23K for ongoing trail signage project. 2022-2023: Bike Path Signage: Enhancement of existing trail signage to
improve etiquette, safety and wayfinding
Pedestrian Bridge Projects 100,000 233,151 333,151 333,151 2023: Re-appropriate $233K for rehab of the pedestrian overpass. 2022-2027: Systematic rehabilitation or replacement of 5
pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass
East Vail Interchange Improvements - 209,443 209,443 209,443 2023: Re-appropriate $209K to continue East Vail interchange project, awaiting CDOT project completion to move forward; 2022:
$209K to continue East Vail interchange project
Dowd Junction repairs and improvements - 767,126 767,126 767,126
2023: Re-appropriate $767K to continue Re-stabilization of Dowd Junction retaining wall; Repairs to culverts, drainage, and
preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K
reimbursement from ERWSD (above)
Portalet Enclosures 38,000 38,000 38,000 2023: Design and Construct screening/enclosures on trailhead port-a-lets
Booth Lake Trailhead Parking Restroom - 194,667 194,667 194,667 2023: Re-appropriate $195K for ongoing Installation of permanent restroom at Booth Lake trailhead for hikers; to be completed in
spring '23
Total Rec Paths and Trails 338,000 1,441,118 1,779,118 - 1,779,118
Recreational Facilities
Golden Peak Pickleball Sound Barriers 23,500 23,500 23,500 2023: Install Acoustic blocking panels on north and west fence sections
Nature Center Operations 109,373 109,373 109,373 Nature Center operating costs(Contract with Walking Mountains)
Nature Center Redevelopment - 383,522 383,522 383,522 2023: Re-appropriate $383.5K for further planning and design for a nature center remodel; Nature Center Construction is currently
unfunded
Total Recreational Facilities 132,873 383,522 516,395 - 516,395
1110
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2023 Supplemental Amended Supplemental Amended
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Environmental
Environmental Sustainability 692,829 692,829 18,164 710,993
2023: $18.2K Transfer from GF for compensation study adjustments. Annual operating expenditures for Environmental
department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action
Collaborative, etc.; $12k Sustainability intern, $10K Waste Education Intern paid for with bag fees; $20.9K transfer from GF for
salary/benefits; $10.9K of additional funds for Clean-up Day
Recycling and Waste Reduction Programs 222,000 86,500 308,500 308,500
2023: Re-appropriate $22.5K for ongoing Love Vail contract with Vermilion; reappropriate $30K for Ball Cup event program delayed
by supply chain issues; reappropriate $15K for curbside compost pilot program expansion; reappropriate $18K for compost pilot for
rebates for businesses; reappropriate $1K from Green Team for idling campaign. 2023: Actively Green($40K), Plastic Bag
Expansion funded with bag fees ($30K), C&D Pilot ($5K), C&D Residential Phase 3 ($15K); C&D Commercial Phase 2 ($30K);
Green Team ($2.5M), Love Vail website ($25K), Recycling hauls($25K), Farmers Market Zero Hero ($42K); Recycling Education
($7.5K)022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-appropriate $20.3K for
pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D
Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers
Market Zero Hero ($42K); Recycling Education ($17.5K);
Ecosystem Health 212,500 368,500 581,000 581,000
2023: Re-appropriate $175k for Down Junction safe passage project, $150k for Biodiversity Study; $43.5K for bear education
program partnership with CPW; 2023:$15K for Vail to host CO Communities for Climate Action retreat; Strategic Plan Completion
($10K), SD Contract ($25K), Trees for Vail ($7.5K), USFS Front Ranger Program ($55K); Wildlife Habitat Improvements ($100K);
2022: $175K placeholder for Dowd Junction wildlife crossing (partnership with CDOT); $14.7K for CO Communities for Climate
Action retreat and $27K for partnership with Zinc Media for Sustainable Travel, CC4a ($3K), Biodiversity Study ($150K), Strategic
Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat Improvements
($102.5K);
Energy & Transportation 58,500 10,000 68,500 10,000 78,500
2023: $10K Requested for Snow melt feasibility study to use recaptured energy. Request to expand scope for solar study
$10k. 2022-2024 Annual expenditures: Energy Smart Partnership contract ($40K), Solar Feasibility Study ($25K), EV Planning and
analysis ($8K), Sole Power ($7.5K); 2022: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K); 2023:
Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($10.0K); EV Share Event ($1K)
E-Bike Programs 273,000 28,000 301,000 4,185 305,185 2023: $4.2k to replace stolen Ebike for essentials bikes. Ebike grant funds allocated to Eagle County organizations for shift bike
program $28K;: E-Bike Share$225K; E-Bike Ownership program ($18K); $15K for E-Bike Rebate program
E-Bike Share Infrastructure 54,000 54,000 54,000 E-Bike Share Infrastructure- Gravel pads and bike racks
Streamtract Education/Mitigation 50,000 6,452 56,452 56,452
2023: Re-appropriate $5.9K for continuation of "ten feet for the creek" campaign, $500 reimbursement for sustainable landscape.
2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge
and storm drain art
Water Quality Infrastructure - 1,905,064 1,905,064 1,905,064 2023: Re-appropriate $1.9M for water quality infrastructure
Streambank Mitigation 75,000 72,983 147,983 147,983 2023: Re-appropriate $73K to contract consultant and purchase plants for riparian project along the Gore Creek through the Golf
Course. 2023: Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan
Private Streambank Mitigation Program - 118,208 118,208 118,208 2023: Re-appropriate to continue private streambank mitigation program $118K
Booth Heights Open Space - 12,000,000 12,000,000 12,000,000 2023: Re-appropriate offer to Vail Resorts for the purchase of the Booth Heights Parcel
Gore Creek Interpretive Signage 25,000 285,150 310,150 310,150 2023: Re-appropriate $190K for watershed map and installation at the Gore Creek Promenade; $95K requested increase in cost for
material/labor costs higher than anticipated.
Total Environmental 1,662,829 14,880,857 16,543,686 32,349 16,576,035
Art
Public Art - Operating 165,888 - 165,888 7,632 173,520 2023: $7.6K transfer from GF for compensation study adjustments. Art in Public Places programming and operations
Public Art - General program / art 60,000 375,167 435,167 - 435,167 2023: Re-appropriate $375K to purchase sculptures, artwork, art programs and events; the remainder is re-appropriated each year
to accumulate enough funds.
Public Art - Winterfest 30,000 59,885 89,885 - 89,885 2023: Re-appropriate $60K for annual Winterfest program; 2023: $30K Winterfest budget. 2022: $64.7K for annual Winterfest
programming
Seibert Memorial Statue - 12,192 12,192 - 12,192 2023: Reappropriate $12.7K for Pete Seibert Memorial statue maintenance. 2022: $12.7K for Pete Seibert memorial statue
maintenance
1210
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TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
Art Space - 863,048 863,048 - 863,048
2023: Re-appropriate $863k for design phase for Ford Park art space- see corresponding donation from East West above.
Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds. 2022: Design phase for Ford Park art
space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford Park
using $250K of existing AIPP funds
Total Art 255,888 1,310,292 1,566,180 7,632 1,573,812
Community
Council Contribution: Betty Ford Alpine Garden Support 76,888 76,888 76,888 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase
Council Contribution: Eagle River Watershed Support 42,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs
Council Contribution: Trail Alliance 17,500 17,500 17,500 Adopt A Trail Council Contribution for trails in or bordering the Town
Total Contributions 136,388 - 136,388 - 136,388
VRD-Managed Facilities & Maintenance
Recreation Enhancement Account 173,417 181,507 354,924 354,924 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($181.5K)
Recreation Facility Maintenance 22,000 22,000 44,000 44,000 2023: Reappropriate $22K for contingency; Annual $22K for general RETT facility maintenance;
Synthetic Turf Replacement 472,000 472,000 472,000 2023: $472K Replacement of Ford Park Synthetic Turf Infield originally installed in 2012 and past it's useful life of 7 years.
Golf Clubhouse 31,295 38,595 69,890 69,890 2023: Re-appropriate $39K for completion of Golf Clubhouse projects. 2023: Concrete walkways ($12.4K), Drain pains/curb gutters
($18.9K); 2023: Concrete walkways ($12.4K), Drain pains/curb gutters ($18.9K)
Athletic Field Restroom/Storage Building - 1,000,000 1,000,000 1,000,000 2023 :Re-appropriate $1M for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage building.
Project was delayed to address additional needs outlined in the Ford Park Master Plan
Golf Course - Other 236,874 188,231 425,105 425,105 2023: Re-appropriate $188K for completion of golf course projects. 2023: $216K for golf course greens project; VRD shared cost for
1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K)
Dobson Ice Arena 41,085 604,649 645,734 645,734
2023: Rockwall Repairs ($12.5K), Grading and Drainage ($7.8K), brick pavers ($14K), and central Air Handlers ($10.4K); 2021: Re-
appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K),
rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim
($9.3K); Repairs to exterior doors ($80.0K)
Ford Park / Tennis Center Improvements - 172,124 172,124 172,124
2023: Reappropriate Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K);
Exterior Doors- previously budgeted in 2023 ($4.6K); Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards
($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K); reappropriate deferred maintenance ($46K)
Athletic Fields - 239,226 239,226 239,226 2023: Re-appropriate $239K for Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K);
Gymnastics Center 20,000 271,345 291,345 291,345 2023: Re-appropriate $272K for completion of the restroom remodel and cooling system. 2023 $20k additional costs for cooling
system.
Total VRD-Managed Facilities & Maintenance 996,671 2,717,677 3,714,348 - 3,714,348
Total Expenditures 8,131,461 22,368,242 30,499,702 211,844 30,711,547
Other Financing Sources (Uses)
Transfer from General Fund - - - 197,660 197,660 2023: Transfer from GF for RETT department salary and benefits comp study implementation
Revenue Over (Under) Expenditures (508,868) (21,927,021) (22,435,888) 10,816 (22,425,072)
Beginning Fund Balance 6,624,543 29,923,875 29,923,875
Ending Fund Balance 6,115,676$ 7,487,986$ 7,498,802$
1310
4
Proposed
2023 1st 2023 2nd 2023
Budget Supplemental Amended Supplemental Amended
Revenue
Housing Sales Tax 4,125,000$ 4,125,000$ 733,410$ 4,858,410$
Increase budget to YTD actuals with
remainder of the year projected down 8%
Transfer in from Capital Projects Fund 2,500,000 2,500,000 2,500,000
Transfer in from General Fund 1,200,000 1,200,000 1,200,000
Workforce Housing Sales - 879,000 879,000 879,000
Total Revenue 7,825,000 879,000 8,704,000 - 8,704,000
Expenditures
Housing Programs
InDeed Program 2,500,000 2,612,089 5,112,089 5,112,089
Buy Down Housing - 72,683 72,683 72,683
Future Purchases - 1,500,000 1,500,000 1,500,000
North Trail Townhomes Unit D - 127,725 127,725 127,725
Construction Housing Projects
Timber Ridge Redevelopment Placeholder 500,000 195,000 695,000 695,000
W. Middle Creek Development Placeholder 500,000 500,000 500,000
Residences at Main Vail Opportunity Fee - 2,000,000 2,000,000 2,000,000
Land Purchases for future Housing
CDOT Parcel Acquisition Placeholder - 2,650,000 2,650,000 4,985,000 7,635,000
Placeholder for purchase of East Vail Parcel,
Timber Ridge Parcel, and Middle Creek
Parcel
Eagle-Vail Parcel Placeholder - - 50,000 50,000 Placeholder to explore outcomes of potential
housing partnership in Eagle-Vail
Total Expenditures 3,500,000 9,157,497 12,657,497 5,035,000 17,692,497
Operating Income 4,325,000 (8,278,497) (3,953,497) (5,035,000) (8,988,497)
Beginning Fund Balance 5,236,474 13,099,153 13,104,178
Ending Fund Balance 9,561,474$ 9,145,656$ 4,115,681$
TOWN OF VAIL PROPOSED 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
14 105
Proposed
2023 1st 2023 2nd 2023
Budget Supplemental Amended Supplemental Amended
Revenue
E911 Board Revenue 1,067,535$ 1,067,535$ 1,067,535$
Interagency Charges 1,444,427 1,444,427 1,444,427
Other County Revenues - - 103,000 103,000
Eagle County Reimbursement for
Compensation Study Increases
$103K
Town of Vail Interagency Charge 669,317 669,317 669,317
Earnings on Investments and Other 658 658 658
Total Revenue 3,181,937 - 3,181,937 103,000 3,284,937
Expenditures
Salaries & Benefits 2,579,635 2,579,635 257,037 2,836,672 Compensation Study Adjustments
Operating, Maintenance & Contracts 593,611 593,611 593,611
Capital Outlay 87,528 87,528 87,528
Total Expenditures 3,260,774 - 3,260,774 257,037 3,517,811
Revenue Over (Under) Expenditures (78,837) - (78,837) (154,037) (232,874)
Transfer In from General Fund - - 154,037 154,037 Compensation Study Adjustments
Beginning Fund Balance 1,531,307 1,903,329 1,903,329
Ending Fund Balance 1,452,470$ 1,824,492$ 1,824,492$
TOWN OF VAIL PROPOSED AMENDED 2023 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
15 106
Proposed
2023 1st 2023 2nd 2023
Budget Supplemental Amended Supplemental Amended
Revenue
Town of Vail Interagency Charge 4,224,129$ 4,224,129$ 33,806$ 4,257,935$
Hiker bus service bus operating
interagency charge ($33.8K)
Insurance Reimbursements & Other 25,000 25,000 25,000
Earnings on Investments 810 810 810
Equipment Sales and Trade-ins 294,238 294,238 294,238
Total Revenue 4,544,177 - 4,544,177 33,806 4,577,983
Expenditures
Salaries & Benefits 1,344,321 1,344,321 59,652 1,403,973 Compensation Study Adjustments
Operating, Maintenance & Contracts 2,102,307 2,102,307 33,806 2,136,113
Increase in fuel/bus operating for
hiker bus service
Capital Outlay 1,355,886 783,757 2,139,643 108,500 2,248,143
Increase in vehicle budget for price
increases: Backhoe ($35.0K), Motor
Grader ($73.5K)
Total Expenditures 4,802,514 783,757 5,586,271 201,958 5,788,229
Revenue Over (Under) Expenditures (258,337) (783,757) (1,042,094) (168,152) (1,210,246)
Transfer In from General Fund - - - 59,652 59,652 Compensation Study Adjustments
Beginning Fund Balance 1,677,813 1,919,625 1,919,625
Ending Fund Balance 1,419,476$ 877,531$ 769,031$
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
16 107
Proposed
2023 1st 2023 2nd 2023
Budget Supplemental Amended Supplemental Amended
Revenue
Business Licenses 345,000$ 345,000$ 345,000$
Transfer in from General Fund 1,500,000 35,000 1,535,000 1,535,000
VLMD Contribution 1,200,000 1,200,000 1,200,000
Earnings on Investments 250 250 250
Total Revenue 3,045,250 35,000 3,080,250 - 3,080,250
Expenditures
Commission on Special Events (CSE):
CSE Surveys 54,000 54,000 54,000
Education & Enrichment 154,530 154,530 154,530
Visitor Draw 684,648 684,648 684,648
Recreation 75,000 75,000 75,000
Signature Events 1,095,252 1,095,252 (60,000) 1,035,252 Trf. $60K for Vail America Days
Town Produced Events 766,000 766,000 60,000 826,000 Trf. $60K for Vail America Days
Ambient Event Funding
Music in the Villages 154,530 (12,022) 142,508 142,508
Cultural Heritage:
National Brotherhood of Skiers 125,000 125,000 125,000
Other Council Funded Events:
Mikaela 87 - 35,000 35,000 35,000
Collection Fee - General Fund 17,250 17,250 17,250
Total Expenditures 3,126,210 22,978 3,149,188 - 3,149,188
Revenue Over (Under) Expenditures (80,960) 12,022 (68,938) - (68,938)
Beginning Fund Balance 407,124 416,323 416,323
Ending Fund Balance 326,164$ 347,385$ 347,385$
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
VAIL MARKETING & SPECIAL EVENTS FUND
17 108
Proposed
2023 1st Amended 2nd Amended
Budget Supplemental Budget Supplemental Budget
Revenue
Rental Income 725,802 725,802 (165,722) 560,080
Other Income 48,000 48,000 (19,000) 29,000
Total Revenue 773,802 - 773,802 (184,722) 589,080
Expenses
Operating, Maintenance & Contracts 362,305 362,305 (36,811) 325,494
Capital Outlay - 14,366,303 14,366,303 - 14,366,303
Total Expenditures 362,305 14,366,303 14,728,608 (36,811) 14,691,797
Revenue Over Expenses 411,497 (14,366,303) (13,954,806) (147,911) (14,102,717)
Other Financing Sources (Uses)
Fiscal Agent fees - (3,000) (3,000) (3,000)
Principal Repayment (415,000) (415,000) (415,000)
Interest Expense (800,388) (800,388) (800,388)
Transfer from Capital Projects Fund 825,000 4,925,444 5,750,444 5,750,444
Total Other Financing Sources (Uses)(390,388) 4,922,444 4,532,056 - 4,532,056
Change in Net Position 21,109 (9,443,859) (9,422,750) (147,911) (9,570,661)
Net Position- Beginning - 9,709,513 9,709,513
Net Position- Ending 21,109$ 286,763$ 138,852$
TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
18 109
Ordinance No. 12, Series of 2023
ORDINANCE NO. 12
SERIES OF 2023
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND RESIDENCES AT
MAIN VAIL FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 538,341
Capital Projects Fund 460,690
Real Estate Transfer Tax Fund 211,845
Housing Fund 5,035,000
Heavy Equipment Fund 201,958
Residences at Main Vail Fund (36,811)
Dispatch Services Fund 257,037
Interfund Transfers (445,155)
Total $ 6,222,905
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
110
Ordinance No. 12, Series of 2023
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of June 2023, and a public hearing shall be held on this Ordinance on
the 20th day of June, 2023, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
ATTEST:
_______________________________
Kim Langmaid, Mayor
___________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
20th day of June 2023.
____________________________
Kim Langmaid, Mayor
ATTEST:
________________________________
Stephanie Bibbens, Town Clerk
111
AGENDA ITEM NO. 9.1
Item Cover Page
DATE:June 6, 2023
TIME:20 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings
SUBJECT:A Rehearing of an Appeal, Pursuant to Section 12-3-3 of the Vail
Town Code, in Case # DRB22-0035, a Residential Project Located
at 3070 Booth Creek Drive, Vail Village Filing No. 11, Block 3, Lot
7, and Setting Forth Details in Regards Thereto. (TC22-0002).
Appellant: Reggie D. Delponte Residence Trust No. 1 and Reggie
D. Delponte Residence Trust No. 2 - Resolution No. 23, Series of
2023, Making Findings on the Appeal of DRB22-0035, Concerning
a Residential Project Located at 3070 Booth Creek Drive, Vail,
Colorado, and Upholding the Decision of the Design Review
Board, Without Conditions of Approval
SUGGESTED ACTION:Action Requested. Approve Resolution No. 23, Series 2023
PRESENTER(S):Greg Roy, Senior Planner & Matt Mire, Town Attorney
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No 23, Series 2023 - Delponte Appeal.docx
Gore-Creek-Strategic-Action-Plan.pdf
ExecutiveSummary of WQIP 2013.pdf
Vail_SWPP_Final_PublicVersion_20220201.pdf
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RESOLUTION NO. 23
SERIES 2023
A RESOLUTION OF THE VAIL TOWN COUNCIL MAKING FINDINGS ON
THE APPEAL OF DRB22-0035, CONCERNING A RESIDENTIAL
PROJECT LOCATED AT 3070 BOOTH CREEK DRIVE, VAIL,
COLORADO, AND UPHOLDING THE DECISION OF THE DESIGN
REVIEW BOARD, WITHOUT CONDITIONS OF APPROVAL
WHEREAS, the Reggie D. Delponte Residence Trust 1 & 2 (the "Applicant") is the
owner of the real property located at 3070 Booth Creek Drive, Vail, CO, more particularly
described as Lot 7, Block 3, Vail Village Filing No. 11, Vail, CO (the "Property");
WHEREAS, the Applicant requested Design Review Board ("DRB") approval of an
addition to the residence on the Property, in case #DRB22-0035 (the "Application");
WHEREAS, on March 2, 2022, the DRB approved the Application with one
condition of approval;
WHEREAS, on March 7, 2022, the Applicant filed an appeal of the DRB's condition
of approval, which appeal is governed by § 12-3-3 of the Vail Town Code;
WHEREAS, on May 3, 2022, the Town Council held a properly-noticed hearing on
the appeal, and the Applicant was provided with an opportunity to present evidence in
support of its appeal; and
WHEREAS, following the hearing, the Town Council directed the Town Attorney
to prepare a Resolution with written findings regarding the appeal;
WHEREAS, on May 17, 2022, the Town Council upheld the DRB's decision, but
modified the condition;
WHEREAS, the Applicant appealed the Town Council's decision to the Eagle
County District Court, and the District Court remanded the case to the Town Council with
direction to remove all conditions related to Tract C; and
WHEREAS, on June 6, 2023, the Town Council held a new, properly-noticed public
hearing on the appeal.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1.Findings. Having heard and considered evidence presented by the
Applicant and Town staff and any comments from the public regarding the Application, in
both the original public hearing and the rehearing, the Town Council hereby finds and
determines as follows:
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a.The Applicant and its predecessor in interest in the Property have installed
and/or maintained numerous encroachments within the stream tract for Gore Creek within
the utility easement within Tract C of Vail Village Filing No.11, which utility easement is
adjacent to the Property. Such encroachments include a patio, flagstone, decorative
planters, benches, patio furniture, turf grass, sod and in-ground irrigation infrastructure.
b.Such encroachments constitute a violation of Vail Town Code § 5-14-4.
Applicant has been repeatedly notified of this violation, but has refused to remove the
encroachments voluntarily.
c.Such encroachments have caused and continue to cause irreparable
damage to the stream tract for Gore Creek.
d.Removal of such encroachments will prevent further damage to the stream
tract for Gore Creek.
e.The public health, safety and welfare will be served by removal of such
encroachments and the prevention of further damage to Gore Creek.
Section 2.Decision. Notwithstanding the foregoing findings, because of the
District Court's direction, the Town Council hereby upholds the DRB's decision in DRB22-
0035 to approve the Application, but removes the condition of approval.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 17th day of May, 2023.
______________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
114
RESTORE THE GORE
Gore Creek Strategic Action Plan
Prepared by:
Lotic Hyrdological, LLC
Land Planning CollaborativeWatershed Environmental Consultants, Inc.
Alpine Engineering, Inc.
Town of Vail
Adopted by the Vail Town Council:
March 15, 2016
115
116
PLAN GOALS AND FORMAT
The Gore Creek Action Plan (Plan) provides a framework for Town of Vail initiated actions designed to address current water quality impairments and
aquatic health issues affecting Gore Creek and its tributaries. Because these impairments are not attributed to a single pollutant through extensive
research by many entities, Plan actions target the three known causes of degradation, including:
• Pollutants from land use activities, commonly referred to as urban runoff, which many times has direct drainage pathways
to Gore Creek or its tributaries
• Drainage from impervious surfaces, which multiplies the effects of land use practices, especially in areas where there is
little opportunity for infiltration and treatment of accumulated surface pollutants
• The loss of riparian and streamside vegetation, reducing the natural ability of these areas to protect Gore Creek from
effects of land use activities and urban runoff
This Plan is formatted to provide the Town with an extensive toolbox of actions addressing these three causes of water quality degradation. The goal
of implementing all recommended actions is the complete restoration of the quality of the water in Gore Creek to ensure it is removed and is never
again listed on the Colorado Department of Public Health and Environment’s list of impaired streams.
Strategic actions are categorized for implementation in five distinct strategy areas, including Rules and Regulations, Best Management Practices,
Education and Outreach, Site Specific Projects, and Data Collection and Outreach. Wherever possible, budget estimates for implementing actions
have been provided. Recommendations for updated or new rules and regulations or best management practices result from an extensive evaluation of
existing Town practices against accepted EPA recommendations for urban runoff control.
Actions recommended in these five strategy areas pursue two central and interrelated themes for improving water quality conditions in Gore Creek
– reducing pollutants contributing to the degradation of water quality, and disrupting known or suspected transport pathways that carry pollutants to
Gore Creek. Improvements to water quality and aquatic health within the 10-year Plan horizon will require phased and systematic implementation of
both themes, as they work synergistically to mitigate the impacts of development and urbanization on the Gore Creek watershed.
RECOMMENDED ACTIONS
Nonpoint source pollution in diverse locations across the watershed drives water quality impairments observed in Gore Creek. Unlike a single point
source of pollution, individual contributions from residential, commercial or public properties (including transportation routes) are probably not
significant enough to singlehandedly cause the observed degradation in aquatic health. However, the collective impact of pollution from these many
sources degrades the quality and resiliency of aquatic life in Gore Creek.
Consequently, this Plan recommends a total of 219 actions in order to improve the effectiveness of existing regulations, policies and programs aimed
at controlling urban runoff, and protecting the buffering capacity of vegetated and riparian zones on stream banks in order to achieve timely changes in
water quality on Gore Creek and its tributaries. The implementation of these actions will take a concerted effort by many partners, and are expected
to take place over a lengthy planning horizon (5 to 10 years).
As part of this Plan effort, a community advisory group was assembled to review, refine and rank recommended actions. The group consisted of
representatives from homeowner associations, county government, local businesses, special districts, and community organizations. The advisory group
supported the efforts of Town staff in fulfillment of Plan goals. This group did not have fiscal oversight or the ability to make decisions on behalf of the
Town Council, PEC, or staff regarding budgeting or prioritizing actions for implementation, however, they screened recommended actions for political,
social, financial and logistical constraints in order to rank and prioritize recommended actions.
Evaluating effectiveness and feasibility provides a sound methodology to designate a group of actions with fewer perceived barriers to implementation
in the first phase. This initial screening will help Town staff, elected officials, and members of the community identify and implement the most practical
and compelling actions first, while building support for those actions with more uncertain outcomes or requiring a greater degree of financial and/or
political support.
As a result, the following 27 actions are recommended for consideration during the first phase of Plan implementation based on the anticipated
feasibility and effectiveness of each for achieving Town goals.
EXECUTIVE SUMMARY
117
118
VAIL TOWN COUNCIL
Dave Chapin, Mayor
Jen Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
VAIL PLANNING AND ENVIRONMENTAL COMMISSION
Henry Pratt
John Rediker
Ludwig Kurz
Webb Martin
Brian Gillette
Kirk Hansen
John Ryan Lockman
DEPARTMENT OF COMMUNITY DEVELOPMENT
George Ruther, Director
Kristen Bertuglia, Environmental
Sustainability Coordinator
Warren Campbell, Chief of Planning
DEPARTMENT OF PUBLIC WORKS
Greg Hall, Director
Tom Kassmel, Town Engineer
Gregg Barrie, Landscape Architect
Sean Koenig, GIS Specialist
CONSULTANTS
Lotic Hydrological
Land Planning Collaborative
Watershed Environmental Consultants
Alpine Engineering
Vermillion
COMMUNITY ADVISORY GROUP
Blondie and Tom Vucich, East Vail
Residents
Ray Merry, Eagle County
Adam Palmer, Eagle County
Alan Danson, Vail Resident
Kate Burchenal, Eagle River Watershed
Council
Holly Loff, Eagle River Watershed
Council
Anne Esson, Former Vail Resident
Siri Roman, Eagle River Water and
Sanitation District
Tom Allender, Vail Resorts
Justin Hildreth, Town of Avon
Kimberly Langmaid, Vail Resident,
Walking Mountains Science Center
Chuck Ogilby, Vail Homeowner
Diane Johnson, Eagle River Water and
Sanitation District
URBAN RUNOFF GROUP
Eagle River Watershed Council
Town of Vail
Eagle River Water and Sanitation District
Eagle County
Colorado Department of Transportation
Town of Eagle
Vail Resorts
Town of Avon
CONTRIBUTORS
119
CHAPTER 1 PURPOSE AND VISION 1
Introduction 1
An Enduring Commitment to Environmental Stewardship 5
A Strategic and Comprehensive Approach 6
CHAPTER 2 BACKGROUND 8
Watershed Overview 8
Water Quality Challenges 9
Existing Conditions and Water Quality Trends 10
Regulatory Consequences of Water Quality Degradation 14
CHAPTER 3 DEVELOPMENT OF AN ACTION PLAN 35
Causes of Impairment 35
Pollution Reduction & Interruption 35
Evaluation Methodology 36
CHAPTER 4 STRATEGIC ACTIONS 37
1. Education and Outreach 37
A. Water Quality Literacy 38
B. Municipal Maintenance and Management 38
C. Management of Creekside Landscapes 39
D. Commercial Activities 39
E. Online Information and Resources 39
2. Best Management Practices 40
A. Reduce Runoff and Erosion 41
B. Prevent Off-Site Transport of Pollutants 42
C. Minimize Pollution 43
D. Reduce Road Runoff, Operations, Repair and Management Impacts 43
E. Develop and Maintain Stormwater Controls 44
F. Maintain Vegetated Buffers 44
3. Rules and Regulations 45
A. Maintain Site Hydrology 45
B. Protect High Value Areas 46
C. Reduce Pollutant Loading 46
D. Enhance Streamside Vegetation 47
E. Reduce Impervious Area and Implement Runoff Controls 51
4. Data Collection & Research 52
A. Water Quality Status and Trend Analysis 52
B. Contaminant Source Assessments 53
C. Model Development, Calibration and Verification 53
5. Site Specific Projects 54
A. Vegetated Buffer Restoration 54
B. Structural Stormwater Control Projects 54
CHAPTER 5 IMPLEMENTATION, BUDGETING AND NEXT STEPS 260
Formation of a Community Advisory Group 260
Ranking and Prioritization 260
Education and Outreach 261
Best Management Practices 262
Rules and Regulations 262
Data Collection and Research 262
Site Specific Projects 262
Budgeting for Actions 276
References Cited 278
TABLE OF CONTENTS
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INTRODUCTIONCHAPTER 1
Purpose and Vision
1The WQIP provides a more thorough discussion of watershed characteristics, water quality analyses, and historical and ongoing efforts in water quality monitoring and improvement within the greater
Eagle River Watershed. The WQIP is available here: https://vail.sharefile.com/download.aspx?id=sd773b7f738745c28
Table 1-1. Diverse urban runoff pollutant sources contribute to aquatic life impairments on Gore Creek and its tributaries.
Pollutant Category Source Solids Nutrients Pathogens Disolved Oxygen Demands Metals Oils
Synthetic Organics
Soil Erosion
Cleared Vegetation
Fertilizers
Human Waste
Animal Waste
Vehicle Fuels and Fluids
Fuel Combustion
Vehicle Wear
Industrial and Household
Chemicals
Industrial Processes
Paints and Preservatives
Pesticides
Stormwater Facilities without
Proper Maintenance
Work on the Gore Creek Action Plan (GAP) began in the fall of 2014. This effort focused on two primary goals: a) identifying strategies and actions needed
to protect and improve water quality in the Gore Creek Watershed, and b) outlining an implementation plan that includes prioritized actions and estimated
budgets for achieving water quality goals over the next ten years. Development of this plan is a component of a larger on-going effort to protect source water
and improve water quality as described by the Eagle River Watershed Plan and, subsequently, in the Gore Creek Water Quality Improvement Plan (WQIP). The
Gore Creek Strategic Action Plan aims to:
“Ensure that Gore Creek is an outstanding example of environmental quality, recreation and wildlife habitat in a world-
class resort community. The Town of Vail is committed to restoring the quality of the water in Gore Creek to ensure it is
removed, and is never again listed, on the Colorado Department of Public Health and Environment’s provisional list of
“impaired” streams.” (January 7, 2014)
The plan responds to the following three primary causes (the “Causes”) of water quality impairment and degraded health of macroinvertebrate communities in
Gore Creek and its tributaries, as presented in the WQIP (12):
1 Pollutants from Land Use Activities
The WQIP indicates that a variety of common land use activities contribute to pollutant loading on Gore Creek. These include: soil disturbance on construction
sites; application of herbicides, insecticides and fertilizers on residential properties or public spaces; application of deicing products to roadways; deposition of
fine metal dust and accumulated hydrocarbons by vehicles on roadways and parking lots; and use of detergents and solvents for cleaning windows and other
commercial and residential surfaces (1). Application of fertilizers, herbicides, and pesticides to near-stream locations, overhanging vegetation, and landscaped
surfaces that quickly drain to stormwater systems contribute varying loads of toxins to the stream ecosystem (25). In particular, many plant and insect pest
management chemicals exhibit high toxicity to fish and aquatic insects (32). Chemical treatments applied to near-stream vegetation may quickly move to he
stream during snowmelt and precipitation events and eventually find their way into aquatic food webs. Other pollutants like motor oil, cleaning solvents, etc.
deposited onto impervious surfaces like roads can also be carried into Gore Creek and its tributaries where they may negatively affect aquatic habitat and water
conditions important for healthy macroinvertebrate communities.
(Adapted from: Jontos, 2004.)
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2 Drainage from Impervious Surfaces
The effects of land use practices are multiplied by the amount of impervious surface coverage in the
watershed, and the location of particular activities relative to Gore Creek or connected stormwater
infrastructure. Increases in the amount of hardened, impervious surfaces such as roofs, roads,
parking lots, and pedestrian walkways are one of the most visible impacts of urbanization. Pollutant
deposition on these surfaces results from vehicle traffic, airborne deposition, building maintenance,
road maintenance, and many of the other activities described above. Due to low surface roughness
characteristics and a lack of infiltration, snow melt and intense precipitation events intercepted by
impervious surfaces rapidly mobilize accumulated pollutants, moving them towards Gore Creek
and its tributaries. Transport of the generated runoff to rivers and streams occurs via the town’s
stormwater drainage infrastructure or as sheet flow across the land surface. Both pathways are capable
of delivering water loaded with excessive sediment, nutrients, hydrocarbons, dissolved metals,
detergents, bacteria pathogens, and complex organics like pesticides and herbicides directly to
receiving waters (3).
Figure 1-1. Impervious areas (indicated in purple) in many parts of Vail are well connected and occur in close proximity to Gore Creek and its tributaries.
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3 Loss of Riparian Vegetation
Alteration, degradation, and complete removal or destruction of native streamside vegetation reduces the natural ability of these areas
to protect Gore Creek from the effects of upland land use activities and urban runoff. Vegetated buffers slow the speed of runoff as it
moves across the landscape. This effect, in turn, increases infiltration to the subsurface soil and promotes chemical transformation or
biological uptake of pollutants that would otherwise find their way to the stream. Healthy riparian communities also physically stabilize
streambanks and reduce the damaging effects that flood events may have on aquatic habitat. Once vegetated buffers are removed
or altered, aquatic life damaging pollutants like sediment, nutrients, pesticides, and fertilizers can more easily and quickly reach the
stream, the quality of food sources for aquatic ecosystems degrades, and the water-cooling shade and habitat complexity are lost.
Table 1-1. Divera Figure 1-2. Degraded vegetated buffers occur in many areas along the length of Gore Creek from East Vail to the Eagle River. se urban runoff pollutant sources
contribute to aquatic life impairments on Gore Creek and its tributaries.
Table 1-2. The effectiveness of streamside vegetated buffers at preventing water quality impairments partially depends on the dominant vegetation type(s) present within those areas.
Figure 1-3. Vegetated buffers of adequate size and composition help protect waterways from contaminants
by disrupting sheet flows and allowing urban runoff to percolate into the soil before reaching the river.
Development and degradation of creekside landscapes reduces infiltration rates, increases sheet flow, and
often results in the unintended runoff of pollutants, fertilizer or other harmful chemicals to waterways.
Function
Sediment Trapping
Filtration of Sediment-born Nutrients, Microbes and Pesticides
Soluable Forms of Nutrients and Pesticides
Flood Conveyance
Reduced Stream Bank Erosion
Grass Shrubs Trees
Medium
Low
High
High
High
Medium
Medium
Low
Low
High
Low
Low
Low
High
Medium
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The Gore Creek Action Plan responds to these causes by outlining a comprehensive and strategic methodology
for ensuring that the stretch of Gore Creek running through Vail meets environmental stewardship goals.
Recommendations in the GAP correspond broadly to one or both of the following approaches to achieving water
quality improvements in the watershed (as further detailed in Chapter 3):
1 Reducing pollutants contributing to the degradation of water
quality in the Gore Creek watershed, and
2 Disrupting known and/or suspected transport pathways that
carry pollutants from their point of origin to Gore Creek and
tributary streams.
Should the recommended actions adhering to these approaches be fully implemented and monitored for efficacy,
the Town can expect to meet the following major water quality improvement and protection goals (the “Goals”)
articulated by Town staff and subsequently adopted by Town Council in January of 2014:
1 Improvements in metrics of benthic macroinvertebrate
community health within a 10-year time frame.
2 Continued attainment of regulatory standards for water chemistry
in Gore Creek.
3 Continued attainment of regulatory standards for sediment in
Gore Creek.
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Vail values the environment as a source of health, beauty, recreation and economic strength that makes Vail a special place to live, work and
play. As stewards of the environment, Vail is committed to promoting sustainable environmental practices in every aspect of the community.
Vail values world-class service and a vibrant, diverse, year-round economy that caters to full and part-time residents, visitors and business
owners and operators. A growing employment and revenue base supports the economy, which thrives on environmental sustainability,
amenities and events, transportation and other infrastructure.
The Purpose, Goals and Objectives of the GAP exist within the broader context of the
Town’s Vision, Mission, Values and commitments made through previously adopted
planning efforts. Vail, like other resort communities, depends on a healthy environment
to maintain the recreational amenities driving development, tourism and economic
viability (31). To that end, the Town adopted the following vision, mission and value
statements that further sustainable environmental stewardship actions:
Town of Vail Vision
To be the Premier International Mountain Resort
Community, by providing high quality of life and
experiences for both residents and visitors. This is
achieved through environmental stewardship, world-class
recreational, cultural and educational opportunities, a
strong year-round economy, diversity of housing, and
superior infrastructure. The Town actively seeks input and
cooperation from the community and its neighbors to
ensure fulfillment of its vision.
Town of Vail Mission
Grow a vibrant, diverse economy and community,
providing our citizens and guests with exceptional services
and an abundance of recreational, cultural and educational
opportunities.
Town environmental initiatives draw from a collection of planning documents that, in
aggregate, provide strategic recommendations to moderate or reduce the impact that
the greater community places on local landscapes and waterways. Several of these
documents provide important context to the development and implementation of
protective actions recommended by the GAP, including:
AN ENDURING COMMITMENT TO
ENVIRONMENTAL STEWARDSHIP
1 Vail 20/20 Focus on the Future (2007)
A strategic action plan, the Vail 20/20 Focus on the Future process was developed as means to build upon Vail’s successes, keep the resort
community competitive and seek opportunities to improve the community. Goals of the 20/20 process are adopted as a means to create a
plan that identifies commonly shared values in the community, articulate a clear vision for Vail, coordinate Vail’s strategies for the future, and
create plan that transcends the administrations of staff, Council and appointed boards and commissions. The 20/20 Plan establishes the Town
vision and strategic framework regarding environmental sustainability actions.
2 Town of Vail Sustainability Plan (2009)
A strategic action plan that defined goals, objectives, and actions to achieve the environmental vision of the community, defining the eight
guiding principles and numerous implementation actions intended to allow the Town of Vail to serve as a model community for environmental
health and sustainability through reductions to carbon emissions and improvements to the environment.
3 Eagle River Water Quality Management Plan (2012)
Also known as the “208 Plan” because of its compliance with Section 208 of the Clean Water Act, the 208 Plan functions as a regional
master plan for water quality management in the Upper Colorado (including the Blue River, Eagle River, North Platte, Roaring Fork and
Upper Colorado watersheds). It provides demographic information, description of current wastewater treatment facilities, water providers,
management agencies, summaries of transmountain diversions and recommendations for State water quality standards and classifications
as well as an overview of the Region’s water quality over time. Importantly, the 208 Plan provides policy recommendations for future water
quality management in our region.
4 Gore Creek Water Quality Improvement Plan (2013)
The primary purpose of the Water Quality Improvement Plan is to identify key stressors to the biological integrity of Gore Creek as indicated
by macroinvertebrate community metrics. This plan compiles water chemistry and biological information and analyzes existing data to identify
potential causes of impairment and provides the broad strategic framework for all actions recommended by the Gore Creek Action Plan.
5 Eagle River Watershed Plan (2013)
The Eagle River Watershed Plan, first drafted in 1996 and organized around five water related topics, outlines a collaborative local philosophy
for protecting and improving water quantity, water quality, wildlife habitat and recreational opportunities, and promotes compatible and
complementary land use strategies
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As a steward of the environment; owner and manager of public lands, roadways and facilities;
and operator of public transportation and storm sewer systems, the Town recognizes that it has
a significant impact on the health of Gore Creek. In an effort to reduce that impact, the Town
began to implement actions aimed at improving water quality in 2011. These actions include the
following:
• Initiation of a public education campaign to promote awareness
of water quality issues (summer 2012-2013)
• Enforcement of public stream tract property violations
(2010-present)
• Implementation of site specific water quality and stormwater
control projects (2012-present)
• Modification of Town of Vail pesticide application practices for
Pest and Weed Management (summer 2012)
• Initiation of an inventory and evaluation of the stormwater
infrastructure owned by the Town of Vail (spring 2015)
Despite this important progress, significant and numerous additional actions will be required to
achieve the Town’s Goals and realize lasting and widespread improvements in water quality on
Gore Creek and its tributaries.
The Gore Creek Action Plan is a component of a larger on-going effort to understand, preserve
and enhance water quality in the Gore Creek watershed as described by the Eagle River
Watershed Plan, the Gore Creek Water Quality Improvement Plan, and the other planning
documents identified above. The GAP recognizes that the primary Causes of water quality
impairment are diverse and, thus, their resolution requires a comprehensive and integrated
approach. To this end, the GAP presents five major strategy areas (the “Strategy” or “Strategies”)
required to bring about the desired improvements and protections for Gore Creek water quality:
The GAP uses the Strategies to build upon findings and recommendations provided in the WQIP,
identifying a set of well-defined actions for adoption and phased implementation by the Town.
Recommended actions are categorized by the various principles and objectives associated with
each Strategy area, prioritized according to a phased implementation timeline, and assigned cost
estimates (wherever practical) to aid the Town in developing budgets and allocating appropriate
resources.
A STRATEGIC AND
COMPREHENSIVE APPROACH
1. Education and Outreach
2. Best Management Practices
3. Regulatory Measures
4. Monitoring and Study
5. Site Specific Projects
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CHAPTER 2
Background
Since its incorporation in 1966, Vail has earned the distinction of the leading mountain
resort communities in North America. With more open space than any other community
of its kind, free transit and other environmentally-sensitive services plus an abundance of
recreational, cultural and educational opportunities, Vail has become not only a great place
to visit, but an even better place to live.
The water that flows through Gore Creek and its tributaries represents an important local resource and amenity to the Town of Vail’s many residents and visitors.
Water utilities rely upon high quality and dependable water supplies to provide safe drinking water to the community; wastewater utilities have identified the
need for effective management of nonpoint pollution sources in conjunction with responsible decisions regarding wastewater treatment; and the resort/tourism
industry relies on clean water and the natural beauty of the valley to draw visitors. Thus, the high quality of life enjoyed by local residents and the foundations
of the recreation and tourism-based economy of the Vail Valley, and larger Eagle River Watershed, is inextricably tied to the biological health and aesthetic
quality of its streams and rivers.
The Gore Creek watershed drains approximately 102 square miles
of land that ranges in elevation between 7,700 to 13,200 feet above
sea level. Due to its high elevation and significant winter snowpacks,
the Gore Creek watershed is the headwaters for a relatively high
density of creeks and rivers including Gore Creek, Black Gore Creek,
Spraddle Creek, Pitkin Creek, Bighorn Creek, Mill Creek, Middle
Creek, Buffehr Creek, Booth Creek, and Red Sandstone Creek. Gore
Creek, the largest and most well-known stream in the watershed,
flows west from its headwaters in the Gore Range through a narrow
mountain valley for a distance of roughly 19 miles to its confluence
with the Eagle River. Along its way, it is fed in varying degrees by
each of the tributary streams listed above.
The landscapes present within the watershed play host to a
diverse set of geologies, vegetation types and land uses. Igneous
Precambrian geology (mostly gneiss and schist) dominates the
eastern portion of the watershed in the vicinity of the Gore Range.
The surficial geology in the southern and western portions of
the watershed is dominated by sedimentary rock of the pre-
Pennsylvanian Paleozoic, Pennsylvanian, and Permian ages
(34). North facing hillslopes favor aspen and evergreen forests,
while southern aspects are typically home to shrubs, grasses,
and deciduous forests. Approximately 63% of the watershed
is forested, 14% is covered by shrub or brush, 14% consists of
exposed rock or tundra, and 8% is occupied by urban development
and transportation corridors (34). Urban land uses dominate the
valley floor and are largely bounded by the Town of Vail city limits.
Continuous interactions between the natural and built environments
within the watershed present a complex template from which water
quality conditions in area streams and rivers are ultimately derived.
WATERSHED OVERVIEW
Figure 2-2. Surficial geologies of the Gore Creek Watershed
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The Gore Creek watershed saw rapid land-use change in the period following the 1960’s due to the
development and build-out of Vail and the completion of Interstate 70 (I-70). Development brought many
changes, including the partial or full transformation of undeveloped forested hillslopes, wetlands, and rangeland
to urbanized land cover that includes both low-density residential zones and some of the most densely
developed areas in the entire Eagle River watershed. Land use changes relevant to water quality include
development of a major ski area, high/low density commercial development, a golf course, a wastewater
treatment system, and water supply reservoirs on Black Gore Creek. Vail Ski Resort is one of the largest
developed ski areas in the country, covering approximately 5,000 acres of land that includes cleared slopes and
associated urban and residential development. The Town of Vail itself is nearing complete buildout, exhibiting
development densities similar to those of larger urbanized centers. Most of the urban development in the Town
of Vail exists in areas immediately adjacent to the stream and within the boundaries of the valley-fill aquifer. This
exacerbates existing and potential water quality and biological impacts to the stream ecosystem.
Approximately 5,000 full-time and 5,000 part-time residents call the Gore Valley home. Special events or
holidays frequently bring more than 20,000 additional visitors to the area (30). Though Vail is largely known
for its exceptional skiing amenities, the market for summer tourism is growing quickly and the Town is actively
engaged in sustaining a vibrant, multi-seasonal economy. Summer and off-season tourists are attracted to the
recreational opportunities (e.g. golf, mountain biking, fishing and rafting) and numerous cultural offerings (e.g.
shopping, dining, performances) that Vail provides (30). The quality of water in Gore Creek and its tributaries
largely dictates the waterbodies’ ability to support the diverse uses important to the Town, residents, and
visitors. Water from Gore Creek is used for recreation (e.g. fishing, kayaking, swimming, rafting) and has high
aesthetic value for property owners, local businesses, and tourists. The alluvial aquifer represents a critical
drinking water supply for local communities. Below the confluence of Gore Creek and the Eagle River, this same
water supports agricultural, industrial, municipal, and recreational uses in downstream communities.
WATER QUALITY CHALLENGES
Figure 2-3. Dominant land uses in the Gore Creek Watershed
Once a sheep-raising and lettuce-growing region at the eastern edge of the Gore Range mountains, the resort was born in 1962, fulfilling
the vision of a pair of ski enthusiasts who met at nearby Camp Hale, a training facility for wartime ski troopers used during World War II.
Now, nearly 50 years later, Vail attracts more than one million skiers each season. Visitors are drawn to Vail’s charming European-style
pedestrian village, which provides a variety of shopping and dining opportunities and a vibrant nightlife. Although winter continues to draw
most of the area’s visitors, an abundance of summer activities, such as golf, mountain biking, fishing, rafting and cultural arts performances,
has produced a growing market for summer tourism.
129
Urbanization and geological weathering have the strongest effects on water and habitat quality for biological
communities living in Gore Creek and its tributaries. Nutrients in Gore Creek, including nitrite and total phosphorus
periodically exceed state standards or EPA recommendations for flowing waters; yet generally remain below typical
values found in urban-impacted streams nationwide (35). Locations of elevated nutrient concentrations (i.e. nitrite
and phosphorous) correlate strongly with increasing urbanization, effluent inflows from the Vail Wastewater Treatment
Plant, and expected rates of fertilizer application on lawns and gardens. Geologic weathering produces infrequent
exceedances of trace metals such as manganese, while high concentrations of suspended solids in spring months
occur due to snowmelt hydrology and erosive surficial geology (35). Application of highway traction sand on Vail Pass
produces excess sediment loads on Gore Creek. CDPHE determined this sediment loading to be the primary cause of
historical aquatic life impairments observed on Black Gore Creek (5). Increasing trends in dissolved solids, conductivity,
and chloride are generally attributed to increased application of deicers and cinders during winter highway maintenance
activities (5). The occasional presence of VOCs and other pollutants in the valley bottom alluvial aquifer highlights the
potential for land use and management activities to impact groundwater resources relatively easily (35).
Recent biological health studies – one performed by the USGS and several others performed by Eagle County, the
Eagle River Water & Sanitation District and the Eagle River Watershed Council – illustrate concerns regarding biological
heath degradation within the Gore Creek watershed. USGS assessed aquatic life conditions using macroinvertebrate
data collected from 2000 - 2007 (36). Their efforts concluded that urban-affected sites consistently produce the
most degraded assessment rankings. Degraded riparian conditions are, in turn, a likely driver of observed variability
in macroinvertebrate community health along the river (36). Prior to development and application of WQCC’s
macroinvertebrate assessment methodology for Clean Water Act reporting purposes, the work conducted by Zuellig et
al. represented the first standardized assessment of biological conditions in the watershed (36).
Wynn et al. also reviewed biological data and identified increasingly degraded conditions in the lower reaches of
Gore Creek (35). Paradoxically, although the species present at downstream sites indicated impacts from pollution,
macroinvertebrate abundance (the total number of specimens collected per sample) increased.
Wynn et al. attributed increased biological activity (i.e. increased algal biomass and macroinvertebrate abundance) to
a slight nutrient surplus in the section of the creek below Vail’s commercial core (35). Those nutrient increases appear
to partially support the highly productive Gold Medal brown trout fishery on Gore Creek that begins at Red Sandstone
Creek and terminates at the Eagle River.
More recently, comprehensive monitoring conducted by the Eagle River Watershed Council (ERWC) and the Eagle River
Water and Sanitation District (ERWSD) precisely defined the magnitude and spatial extent of the macroinvertebrate
community health impairments in the stream. Indicators of aquatic life health generally parallel the patterns and
density of residential and commercial development within the Town. Evidence of worsening conditions begins in
East Vail and increases in tandem with the increasing level of urbanization through Vail’s core commercial district.
Conditions somewhat improve below the Vail Wastewater Treatment Plant before declining again toward Gore Creek’s
confluence with the Eagle River. At sites indicating impairment, pollution and disturbance sensitive species (certain
types of mayflies, stoneflies and caddis flies) are consistently replaced by pollution tolerant species (certain types of
midges and worms) in the observed community assemblages. Functional feeding group analysis consistently identifies
reduced levels of specialized feeding groups at impaired sites, providing supporting evidence for a shift in community
composition from pollution-sensitive species to pollution-tolerant species (20, 21, 22, 23).
EXISTING CONDITIONS AND WATER
QUALITY TRENDS
Figure 2-4. Aquatic food web structure. Healthy macroinvertebrates communities support larger organisms like trout. Due to their specialized and
diverse habitat needs, relatively long aquatic life stages, and sensitivity to a wide array of pollutants, macroinvertebrate populations represent useful
indicators of shifting ecosystem conditions
130
Figure 2-5. Degraded macroinvertebrate community health is observed at many locations on Gore Creek and in other urbanized areas of the Eagle
River watershed. The relative size of colored symbols indicates the number of samples collected at a given location
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Biological monitoring of Gore Creek, or
biomonitoring, involves observing any of
the various plants, aquatic insects, or fish/
animal species present. Bottom-dwelling,
or benthic, macroinvertebrate communities
represent one of the most-valuable indicators
of water quality and aquatic conditions;
these organisms have limited movement in
stream environments, specific adaptations to
their environments, high reproductive rates,
relatively long lifespans, and varying sensitivity
to pollution. Individual organisms have
specific adaptations to their environments
and may exhibit a wide range of sensitivity
to environmental disturbances or pollution.
For these reasons, macroinvertebrates are
utilized more than any other group of aquatic
organisms to assess impacts from urban areas.
Stress-induced changes in macroinvertebrate
community structure are most-thoroughly
considered using a variety of metrics of
community structure. Analysis of multiple
individual metrics and CDPHE’s aggregated
Multi-Metric Index (MMI) promotes
standardized tracking of stream degradation
and recovery over time.
CDPHE WQCD created rules in 2010 for
benthic macroinvertebrate sampling and
analysis using a Colorado-specific MMI.
The MMI combines 5-6 equally weighted
measures of diversity, abundance, pollution
tolerance, community structure, and other
factors to generate a normalized score on
a scale from 0-100 for each stream sample.
On Gore Creek, MMI scores falling below 42
indicate degraded conditions. Scores above
50 indicate healthy conditions. MMI scores
that fall between these two values require
further evaluation using two auxiliary metrics
to determine water quality condition.
Low MMI scores reflect alteration of biological
communities resulting from general stressors
such as chemical pollution, habitat impact or
destruction, and altered flow regimes. These
scores, however, do not highlight a specific
cause of impairment. The sources and causes
contributing to water quality degradation
must be explored with a suite of other tools
including additional macroinvertebrate indices
and targeted investigations. Additional
metrics applied to Gore Creek to enhance
understanding of stressors include Taxa
Richness, the EPT Index, number of Insect
Taxa, and Functional Feeding Guild analysis.
Taxa Richness, or the total spectrum of
taxonomic groups present at a given site,
will generally decrease when exposed to
declining water quality or habitat degradation.
The EPT index is based on the assumption
that the orders of Ephemeroptera (mayflies),
Plecoptera (stoneflies), and Trichoptera
(caddis flies) are generally more sensitive to
pollution and environmental stress than other
benthic macroinvertebrate orders. EPT index
values naturally vary among river systems,
but can be an excellent indicator of relative
disturbance in a specific drainage. Stream
ecologists separate macroinvertebrate taxa
into functional feeding guilds based on
their method of food acquisition to provide
a measurement of community function and
balance. Representation from each guild in a
macroinvertebrate sample usually indicates
healthy aquatic conditions; however, it is
normal for certain groups like collector-
gatherers (generalist feeders) to be more
abundant than others. Specialized feeders like
scrapers and shredders are more sensitive to
disturbance and exhibit poor representation in
degraded streams.
MACROINVERTEBRATES AS WATER QUALITY INDICATORS
Aquatic macroinvertebrate species have a variety of specialized adaptations for living in streams and gathering food; individual species have differing tolerances to water pollution and environmental disturbance.
Impairment Threshold “The Grey Zone”Attainment Threshold
< 42 42 - 50 > 50
MMI score thresholds for Aquatic Life Use Attainment and Impairment in the Gore Creek Watershed
Hilsenhoff Biological Index Shannon Diversity Index (Diversity)
< 5.1 > 3.0
Sites that initially score in the grey zone are further considered using the HBI and Diversity indices to determine attaining / impaired status. Sites must have HBI scores below 5.1 and Diversity scores greater than 3.0 to attain standards.
132
When urban activities are conducted in areas near, or with a direct connection to, a stream or other waterbody they can result in water contamination. The presence of these pollutants in the water can negatively affect populations of macroinvertebrates that live in these waterbodies and subsequently lead to lower MMI scores for that area.
Pollutant Source
Sediment Construction, Landscaping, and Local Road Maintenance; increased incision and erosion from
altered natural water courses, runoff patterns, and vegetation removal
Oil Motor Vehicles, Roads, and Parking Lots
Grease Motor Vehicles, Roads, and Parking Lots
Pesticides Landscaping and Gardening Activities
Fertilizers Landscaping and Gardening Activities
Insecticides Landscaping and Gardening Activities
Herbicides Landscaping and Gardening Activities
Road De-icers Winter Road Maintenance Activities
Heavy Metals Weathering Buildings, Paint, Motor Vehicles and Other Sources
Thermal Pollution Dark Impervious Surfaces (streets, parking lots, roof tops); Riparian vegetation removal
Detergents Window washing and car washing
Viruses Pet Waste and Failing Septic Systems
Bacteria Pet Waste and Failing Septic Systems
Halogens (Bromine and Chlorine)Hot Tubs and Pools
Contaminants of emerging concern': Synthetic hormones, endocrine
disruptors, caffeine, birth control, micro beads
Pharmaceuticals and Personal care products (PPCPs), prescription and non-prescription
medications, added to streams at WWTP b/c removal is difficult and costly
Invasive species Pet fur, mud on vehicles, disturbed soils, anglers
Common Pollutants Found in Streams Near Urban Development
Pollutants of Primary Concern on Gore Creek
Pollutants of
Secondary Concern on
Gore Creek
133
Figure 2-6. Gore Creek sites (‘GCaBGC’ and ‘GCMHMIN’) display a distinct lack of balance between functional feeding groups compared to
the greater Eagle River Watershed.
Figure 2-7. Boxplots of historical MMI scores on Gore Creek. Green indicates a median passing score. Yellow indicates median scores in
the ‘gray zone.’ Red indicates median failing scores. Degraded macroinvertebrate community health has been observed along the length
of Gore Creek. Measures of health tend to indicate robust communities above urban boundaries. Decreasing MMI scores along gradients
of urban development in Gore Creek and in most tributary streams support conclusions made in the WQIP regarding diverse and nonpoint
sources of water quality.
In response to concerns about the health of aquatic biota and in anticipation of potential regulatory action by the
State of Colorado, a group of local stakeholders including the Town of Vail, Eagle River Water and Sanitation District,
Colorado Department of Transportation, Eagle County, Vail Resorts, Vail Recreation District, the Town of Avon, Climax
Molybdenum, and the Eagle River Watershed Council initiated a study in 2011 to identify the causes of observed
aquatic health impairments on Gore Creek. This effort resulted in the eventual publication of the Gore Creek Water
Quality Improvement Plan (12). Extensive literature reviews and data analysis presented in this document conclude that
three primary issues contribute significantly to observed impairments of aquatic life health in Gore Creek: 1) a wide
variety of land use and land management activities contribute pollutants to hillsides and floodplains in close proximity
to streams; 2) runoff from impervious surfaces such as parking lots, driveways, and roads mobilizes large quantities of
pollutants that are quickly transported to waterways; and 3) degradation, and insufficient width, of vegetated buffers
between streams and urban structures (i.e. houses, roads, and businesses) allows potential pollutants to be easily carried
across the landscape and into streams. These causes are not independent of each other—effects from each contribute
to and reinforce water quality impacts from the others.
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Regulatory action by the Colorado Department of Public Health and Environment (CDPHE) Water
Quality Control Commission (WQCC) in 2012 resulted in the listing of Gore Creek on the Clean
Water Act’s Section 303(d) List of Impaired Waters. This listing resulted from application of the
WQCC’s Aquatic Life Use Attainment Methodology (Policy Statement 10-1) to macroinvertebrate
sample data collected at numerous locations along Gore Creek through the Town of Vail. WQCC
guidelines describe specific protocols for analyzing and assessing benthic macroinvertebrate data
using a Multi-Metric Index (MMI). Between 2009 and the 303(d) listing of Gore Creek in 2012,
data collection activities yielded twelve failing MMI scores between East Vail and the Eagle River.
These results provided WQCC with ample evidence of significant water quality impairments on
the creek.
During the 2012 Section 303(d) listing process, WQCC assigned a “provisional” status to the
aquatic life impairments on Gore Creek, indicating that the exact cause of the impairment was
unknown. CDPHE subsequently initiated a 10-year process to identify and resolve the observed
degradation of aquatic life health conditions. Specific pollutant(s) of concern identified through
this investigative process will eventually be targeted by the State of Colorado as the primary
source(s) of water quality degradation and subsequently become subject to more stringent
controls and permit limitations via implementation of the Total Maximum Daily Load (TMDL)
regulatory mechanism (26). If specific pollutant(s) of concern are not identified, no TMDL will
be implemented but Gore Creek will remain on the 303(d) list indefinitely or until water quality
conditions improve.
The Town of Vail is committed to restoring the quality of the water in Gore Creek to ensure it is
removed, and is never again listed, on the Section 303(d) List of Impaired Waters. Opportunity
exists for the Town and other local partners to act on the findings of the WQIP before CDPHE and
WQCC conclude their investigative process and, potentially, implement a TMDL on Gore Creek.
Additionally, waiting for the results of the WQCC effort will allow existing causes of impairment
to continue unabated and may complicate the task of eventually resolving them. Local action to
address water quality impairments has the potential to improve conditions, protect existing water
uses, and maintain a higher degree of local control in water resource management decision-
making processes. This opportunity provides the primary motivation for development of the GAP.
REGULATORY CONSEQUENCES OF
WATER QUALITY DEGRADATION
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CHAPTER 3
Development of an
Action Plan
While the Town of Vail, local stakeholder groups, and individual community members universally support the value of healthy aquatic ecosystems, the path
toward improving water quality on Gore Creek remains daunting and elusive due the complicated nature of the observed water quality impairments. In
response, the GAP relies on a focused and systematic approach to identify and prioritize actions for meeting the Town’s water quality Goals.
Several primary factors, including climate, geology, soils, land use activities, drainage patterns, and vegetation contribute to the quality of water in lakes, rivers
and streams by controlling stream hydrology, water chemistry, and ecosystem function. Of these factors, TOV may exert direct control over only three: land
use activities, drainage patterns, and vegetation—underscoring their significance in land use planning efforts attuned to mitigating or preventing water quality
impacts (3).
The Gore Creek Action Plan pursues two central strategic themes (the “Themes”) for improving and protecting water quality in Gore Creek and its
tributaries: reducing pollutant source loads and interrupting pollutant transport pathways. These Themes have interrelated programmatic and structural
components that intersect with each of the Town’s five primary Strategies for addressing water quality impairments. Achievement of the Town’s water
quality Goals will require active pursuit of both themes, as they work synergistically to mitigate the impacts of development and urbanization on the creek.
CAUSES OF IMPAIRMENT
Figure 3-1. Potential contaminant transport pathways in the Gore
Creek watershed. Relative magnitudes of various types of pollutant
loading indicated by the thickness of each colored bar on the
chart. Reduction of water quality impacts to Gore Creek are achived
through A) reducing pollutant source loads; or B) interrupting
pollutant transport pathways.
Pollution reduction strategies target the particular land-use activities that generate those pollutants
known to degrade conditions for aquatic life in streams and rivers. Controlling particularly problematic
land use activities reduces pollutant loading at its source and limits the amount of toxic constituents
that eventually make their way across the land surface, through stormwater infrastructure, and into
the stream. Reduction of pollutant loads may occur through regulatory and programmatic actions
that limit chemical use and application in public, residential and commercial zones, reduce erosion on
disturbed surfaces, and optimize maintenance activities on transportation corridors (e.g. application of
deicers and cinders, street sweeping).
Disruption of the pathways that transport pollutant-laden water from upland areas to the stream
provides an alternative approach for controlling water quality impacts. Where pollutant sources cannot
be eliminated or effectively reduced, mechanical restoration of streamside areas and development of
stormwater control infrastructure function together to intercept and attenuate polluted runoff before
it enters local waterways. The water quality impacts associated with overland flow can effectively be
mitigated by enhancing the condition of riparian areas and other vegetated buffers that slow the
movement of water across the land surface. Establishing and protecting healthy vegetated buffers
increases infiltration opportunities for urban runoff. Greater infiltration, in turn, leads to higher rates
of biogeochemical uptake and transformation of pollutants. These processes reduce the likelihood
of pollutants entering Gore Creek and its tributaries. Modifying stormwater infrastructure to include
more bioretention basins or mechanical controls that separate sediment and other pollutants from
urban runoff before it enters streams and rivers similarly reduces the water quality impacts associated
with concentrated drainage from impervious areas.
Generally, the methodology employed in drafting recommended actions presented here relied on
evaluation of existing Town of Vail programs, regulations and management practices against accepted
EPA recommendations (variously described here as Management Measures, Principles and Objectives)
for urban runoff control, as outlined in the National Management Measures to Control Nonpoint
Source Pollution from Urban Areas (28). The EPA management measures provide guidance intended
to develop, implement and enhance an urban runoff management framework that effectively achieves
broad water quality improvement and protection goals.
POLLUTION REDUCTION & INTERRUPTION
Impervious
Surfaces
Pervious
Surfaces
StormwaterConveyanceBioretentionControlStructures
Infiltration
A
B
EVALUATION METHODOLOGY
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CHAPTER 4
Strategic Actions
Nonpoint source pollution at multiple locations across the Gore Creek watershed drives the water quality impairments observed in and along Gore Creek.
Contrary to the water quality impacts associated with many types of point source pollution, an individual contribution from a residence or commercial property
in the Gore Creek Valley is probably not significant enough to singlehandedly cause the observed persistent degradation of the creek’s macroinvertebrate
communities. However, the collective impact of pollution derived from land use activities on many residential and commercial properties and transportation
corridors degrades the quality of aquatic habitats and the resiliency of aquatic organisms. It follows then that actions targeting a large audience, improving
the effectiveness of existing regulations, policies and programs aimed at controlling urban runoff, and protecting the buffering capacity of vegetated zones on
stream banks represent favorable opportunities to achieve timely changes in water quality on Gore Creek and its tributaries.
Recommendations for improving water quality on Gore Creek fall into five overall strategy areas: 1) Education and Outreach, 2) Best Management Practices, 3)
Rules and Regulations, 4) Data Collection and Research, and 5) Site Specific Projects. The presentation order of the Strategies does not reflect any expectation
regarding their relative effectiveness or feasibility. Political support, the input of a community advisory group (see Chapter 5), the availability of funds, and the
interest of potential partners will ultimately influence the selected timeline for implementation of the various recommended actions associated with each of the
Strategies. Recommendations indicated in bold type are referenced in the Executive Summary’s high priority action list.
1. EDUCATION AND OUTREACH
Direct and indirect education (i.e. outreach) is a crucial component of the GAP. A well-designed campaign with consistent and attractive branding can reach
stakeholders throughout the Gore Creek watershed while simultaneously attracting attention from outside agencies, businesses, and organizations looking for
examples of exemplary environmental management. Activities such as lawn-care workshops, friendly competitions, and increasing informational signage will
help reach full-time residents, part-time residents, and visitors at different locations across town and during critical periods throughout the year.
A number of outreach activities already exist within the Town and Eagle County. These include, but are not limited to:
• The Town of Vail runs a recycling program and educates local residents and businesses about the importance of
responsible waste management.
• TOV provides trash receptacles and pet waste bags in public parks and trailheads. These initiatives help to reduce
littering and the improper disposal of pet wastes that could contribute to degraded water quality conditions in the creek.
• Each year TOV partners with the Eagle River Watershed Council to conduct river clean up days where hundreds of
volunteers work to pick up trash along highways and watercourses throughout the Eagle River Watershed. These
workdays reduce, to the greatest extent possible, the negative impact that trash can have on creeks and rivers in the
region.
• The Eagle River Watershed Council provides programs to teach school-age children about aquatic and riparian ecology
and the importance of high levels of water quality. These visits are grant funded by TOV and other entities, and are,
therefore, provided at no cost to the school or the participants. Additional educational resources, including lesson plans,
can be accessed through their website (8).
Despite these existing efforts, there is a general dearth of water quality knowledge within the Valley. No single campaign actively engages a broad spectrum
of the community to raise awareness of the impacts that individual behaviors can have on water quality, the ecological value of riparian zones, and the role
that vegetative buffers play in moderating the water quality impacts of urban runoff. Vail is comprised of nearly 5,000 full-time residents and an estimated
5,000 part-time residents (26). Approximately 1.5 million skiers visit the ski resort and the Town of Vail each season (26). These large periodic influxes of visitors
and second homeowners can make it challenging to affect individual behaviors at an appropriate scale to impact water quality conditions in the Gore Creek
watershed.
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Throughout the Town, but especially in East Vail, lawn and garden activities, including turf management, often
result in the overuse of water, nonpoint source pollution resulting from improper or over-application of lawn and
garden care products, and diminished vegetative buffers in creekside environments. In some areas, individuals may
unintentionally dispose of snow, lawn trimmings and pet wastes where it is easily carried into nearby watercourses.
Commercial operations located adjacent to a creekside environment often engage in seemingly benign activities
(e.g. parking area resurfacing, window washing, and landscape maintenance) that may negatively impact water
quality. In addition to these localized problems, many Town operators require more training and information
to understand best practices for reducing water quality risks. Detrimental activities may be effectively modified
to reduce water quality risks through a suite of education and outreach programs and a targeted marketing
campaign.
Evaluation of the types of education, outreach, and marketing efforts needed to reduce risk and enhance water
quality conditions on Gore Creek relied heavily on the institutional knowledge of TOV staff, EPA’s guidance for
stormwater education, and successful criteria employed by the Keep Tahoe Blue campaign (www.keeptahoeblue.
org) and the Keep It Clean Partnership (www.keepitcleanpartnership.org). Activities focused on raising awareness
of existing water quality conditions, engendering personal and emotional attachments to Gore Creek, and
modifying behaviors at the individual level are critical for achieving the Goals. Education and outreach activities
implemented under the GAP should respond to the following areas: 1) Water Quality Literacy, 2) Municipal
Maintenance and Management Practices, 3) Management of Creekside Landscapes, 4) Commercial Activities and
5) Online Information and Resources.
Actions in bold represent those recommended in the executive summary as High Priority Plan Actions.
A. WATER QUALITY LITERACY
Enhancing opportunities for individuals to directly observe or learn about the Causes of water quality impairments
on Gore Creek will help local residents and visitors more easily identify with those issues and understand the
importance of restoration and protection efforts recommended by the GAP.
Recommended Actions
1. Conduct meetings and field visits where Town staff, elected officials and community
members can observe and discuss key areas in need of revegetation or structural
stormwater controls.
2. Maintain partnerships with watershed organizations to remove trash from Gore
Creek and its tributaries and facilitate other hands-on experiences that help build
personal connections with streams and rivers (e.g. volunteer revegetation projects
on Town-owned property along Gore Creek).
3. Partner with existing non-profit organizations (e.g. Eagle River Watershed Council,
American Rivers, Trout Unlimited, Walking Mountains, and the Colorado State
University (CSU) Extension Program) to organize, manage and implement education
and outreach activities that increase basic riparian literacy and familiarity with
best management practices for creek friendly landscaping practices. Include an
explanation as to how riparian vegetation can prevent property loss to the stream.
B. MUNICIPAL MAINTENANCE AND MANAGEMENT
TOV facilities and properties should serve as an example of superior stormwater management for the greater
community. To this end, the Town should ensure that staff and operators understand the presence and purpose of
specific best management practices on Gore Creek, its tributaries, and surrounding riparian areas that result from
Plan implementation. TOV should additionally provide Town operators with appropriate training and instructional
material to guide and encourage them to incorporate BMPs into their existing maintenance and management
practices.
Recommended Actions
1. Establish a certification program and provide necessary training for implementing
Erosion and Sediment Control (ESC) plan monitoring and enforcement for all Town
Project Managers.
2. Support and incentivize project managers’ attendance in regular ESC training courses.
3. Train municipal staff to recognize all potentially harmful discharges into the creek
and immediately report them by texting a photo and location of the concern to the
TOV Environmental Sustainability Manager.
4. Provide Stormwater Pollution Prevention BMP guidance documents for employee
reference. Provide general stormwater awareness information to all new municipal
employees. Post information about urban runoff management practices in common
areas of municipal buildings.
5. Train inspectors to identify and remedy problems with stormwater conveyances.
6. Train maintenance employees in proper identification and handling of contaminated
waste collected in stormwater infrastructure according to RCRA, State and local
regulations.
7. Ensure that all storm drains in Vail are marked with a message warning that the
structure drains to Gore Creek.
8. Add a service phone number to trash, recycling, and pet waste receptacles located
in town and public parks to encourage users to contact the responsible parties
when the receptacle needs to be serviced.
9. Conduct voluntary auditing and reporting within TOV divisions to identify areas
of improvement and demonstrate to other stakeholders that the Town is making a
concerted effort to improve stormwater management.
C. MANAGEMENT OF CREEKSIDE LANDSCAPES
Changes in the management of creekside landscapes throughout Vail can improve the functioning of riparian
buffer, ultimately disrupting pollution pathways into Gore Creek. Shifts in management and maintenance
approaches may be promoted by providing private homeowners, property managers, and landscaping companies
with the knowledge, resources and incentives to maintain healthy and attractive lawns, gardens and turf (where
appropriate) in a manner that promotes high levels of water quality in downstream waters.
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Recommended Actions
1. Offer educational opportunities for homeowners, contractors, HOAs, landscaping
companies, and commercial businesses to obtain more information about BMPs
for yards and gardens and other creekside landscapes. See that these educational
opportunities include discussions of water conservation, permeability, and
retention practices for lawns and gardens.
2. Develop a criteria manual for “creek friendly” landscaping practices. Distribute the
manual to homeowners, property managers, and landscapers.
3. Develop a yard/garden assistance program where Town staff and
groups of volunteers work to improve vegetative buffer extent and function in an
aesthetically pleasing manner on privately owned streamside properties. Provide
matching grants to program applicants (up to 50% of total cost) for revegetation
work conducted on their property. Require program applicants to file a faithful
performance bond, letter of credit, or other improvement security and utilize
repeated annual monitoring to ensure that restored landscapes are properly
maintained for maximum water quality benefit.
4. Develop a “Creek Friendly Lawn” competition that once annually recognizes
properties exhibiting exemplary vegetated buffers that are both beautiful and
highly effective at controlling urban runoff. Use competition results as a marketing
tool to promote the aforementioned yard/garden assistance program.
D. COMMERCIAL ACTIVITIES
Changes in the management of creekside landscapes throughout Vail can improve the functioning of riparian
buffer, ultimately disrupting pollution pathways into Gore Creek. A healthy Gore Creek offers value to business in
a way that is not experienced by other stakeholders. TOV should inform the owners and managers of commercial
operations of special attention required to prevent or correct any non-point source pollution concerns associated
with their specific business type.
Recommended Actions
1. Conduct direct focused outreach to pesticide applicators and landscape
maintenance companies. Provide instruction for reducing water quality impacts
associated with turf management and pesticide control practices. Focus on
insecticide spraying and mowing patterns in riparian areas. Provide maps of TOV
stream tract and delineated zones of water quality influence. Ensure that business
owners are aware of the consequences of conducting any type of work on Town
property without the appropriate permissions.
2. Subsidize/host free or low cost ESC training courses for TOV staff and/or local
contractors and builders.
E. ONLINE INFORMATION AND RESOURCES
Stakeholder participation and outreach will be amplified with a unified and modern education and outreach
campaign. Leverage the Love Vail platform to develop a strong online presence, provide easy access to digital
resources, and engage residents and visitors through social media. Digital education and outreach efforts should
target residents, businesses, teachers, construction contractors, property managers, and TOV municipal divisions.
Recommended Actions
1. Design a user friendly TOV website that includes the following:
a.) General information - Provide introduction and justification for the GAP, links
to the GAP and associated updates, instructional videos, State of Colorado
water quality resources, water quality information resources provided
by federal agencies, and relevant Town of Vail regulations manuals and
inspection guidelines.
b.) Stormwater Basics - Discuss importance of stormwater management and
identify common urban runoff pollutants. Provide guidance for protecting
water quality on residential, municipal, and commercial properties.
c.) Watershed Background - Provide maps of the watershed that identify land
uses, surficial geology, impervious areas and major tributaries to Gore Creek.
Discuss prior efforts in watershed planning, historical and current water
quality in Gore Creek.
d.) Pollution Prevention - Discuss what to watch for and ways to help. Link to
relevant municipal resources, identify contact(s) to report problems.
e.) Regulations and Policies - Outline the objectives of the local regulations,
general prohibitions, general exemptions, ordinances by region/zone, and
repercussions for violations.
f.) Opportunities to Get Involved – Provide information on upcoming events
(e.g. community trash cleanup, targeted business outreach seminars). Provide
information about the yard/garden assistance program and the Creek
Friendly Lawn competition.
g.) Partnerships - Provide contact information for watershed stewardship
partners and link to relevant materials provided by those partners.
h.) Informational content and organization modeled after the Keep It Clean
Partnership (www.keepitcleanpartnership.org). Tailor content for each of the
following target audiences:
o Residents: Provide information about pet waste, lawn and garden,
vehicle maintenance, household hazardous waste, storm drain
protection, and opportunities to get involved at the individual level.
o Businesses: Provide information about cleaning of equipment
and buildings, spills, materials handling, cooling and refrigeration
equipment maintenance, landscaping and grounds maintenance,
dumpster and loading dock areas, parking lots, and illegal connections
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to storm drainage systems. Provide links to business education
programs. Sort resources by business category (i.e. gas stations,
landscapers, restaurants, carpet cleaners, etc.).
o Teachers: Provide links to educational materials that meet Colorado
State Standards and cover water quality and urban runoff related
topics. Detail teacher workshop dates and other teaching resources.
o Construction Companies: Provide information about the impact of
development on water quality, relevant rules and regulations, water
quality protection guidelines for properties of various sizes, resources
for post-construction stormwater management, and stormwater
training events/dates.
o Property Managers/HOAs: Provide information about common sources
of pollutants from facilities. Post pollution prevention checklists (i.e.
training, inspections, proper cover and storage, etc.) and guides for
maintaining structural stormwater controls. Provide information about
how to pick contractors that minimize water quality risks. Provide
contact information for requesting a free site visit by Town staff.
o Municipal Staff: Provide links to relevant operations and maintenance
manuals and policies. List special training events/dates. Provide links
to relevant programmatic, maintenance, and planning resources.
In addition to the specific principles, objectives, and recommendations listed above, there are a number of
recommendations made under other GAP Strategies that, if adopted, can strengthen the success and reach of
the education and outreach campaigns. Updating design criteria for streamside properties will implicitly provide
support for education and outreach activities promoting better management of creekside landscapes. Similarly,
completion of site-specific projects for controlling urban runoff can be effectively used as a teaching tool for
municipal operators and private landscapers interested in understanding the design, development, maintenance,
and success of structural stormwater controls and streambank revegetation projects. These projects may also be
used as examples of responsible land management during outreach to HOAs, property managers, and private
property owners.
The Town has adopted a number of standard operating procedures and permit requirements, in addition to “Vail
Standards” which cumulatively have the effect of both protecting and enhancing water quality conditions in Gore
Creek. Public works employees are charged with inspections of work on public rights of way, erosion control
measures, and stormwater quality management plan improvements for all private and municipal development
projects. The Public Works department works hard to maintain extensive infrastructure owned and operated by
the Town, including road networks, public paths, developed parks and music venues, passive open space, multiple
parking structures and extensive public plaza and pedestrian areas.
Preventative maintenance of facilities and infrastructure is a high priority for staff, and many employees retain
expert knowledge of best practices given years of experience working in a premier international mountain resort
community. For example, a public right of way permit is required for any work affecting public rights of way, and
the application is well integrated into inspection requirements for drainage and culverts, material storage and
construction parking, and erosion control measures. Inspections by staff are required before building inspections
are scheduled. For sites requiring dewatering, a detailed dewatering drainage analysis, monitoring plan and
stormwater discharge permit are required. Despite the general application of these and other management
practices, some important gaps exist either in the form of absent activities or the lack of written policies that ensure
continuity in management through staffing turnover.
The GAP relies heavily on considerations by Town staff and EPA guidance set forth in National Management
Measures to Control Nonpoint Source Pollution from Urban Areas (27) to evaluate current Town practices and
policies and provide recommendations for managing the water quality impacts associated with urban runoff.
It is not possible to isolate many of the recommended BMPs because of their functional relationships and the
overlapping nature of many EPA supported principals. Therefore, some redundancy is to be expected between
recommendations provided here and presented in other Strategy areas (see Chapter 5). Several important areas
for improvement in management practices within the Town’s daily operations (as identified by Town staff) included
actions supported by this Plan and EPA guidance. Finally, consideration for adoption of similar management
strategies by many partner agencies and entities that do work in and around the Town (i.e. CDOT, Vail Resorts,
Eagle County, ERWSD and Utility Companies) would result in more consistency in application of best practices, and
a more profound benefit to water resources within the Gore Creek watershed.
A. REDUCE RUNOFF AND EROSION
Design standards that reduce runoff volumes and speeds by maximizing pervious areas and infiltration capacity;
minimize connections between impervious areas; and, to the extent practicable, retain sediment on-site during and
after construction activities help reduce erosion and minimize the generation of urban runoff.
Recommended Actions
1. Develop an ESC plan on municipal project sites with total disturbances greater than
500 square feet or adjacent to receiving waters. Require appropriate BMPs during
construction and maintenance on all smaller streamside sites (decks, landscaping
and the like). See that the ESC plan identifies appropriate and adequate stabilization
practices, structural practices, and inspection schedules.
2. Develop a formal policy for field inspectors guiding them to prioritize inspections of
sites characterized by high erosion risk.
3. Establish a contractor ESC certification program and require certified inspectors for all
Town projects.
4. Address problems with competing project objectives by incentivizing proper
maintenance of ESC measures during execution of contracts for work on municipal
properties.
5. Develop a TOV-specific ESC guidance manual that augments material provided by
the State and recognizes the unique physical/biological conditions (e.g. optimal soil
amendments, seed mixtures, etc.) and development conditions (e.g. steep slopes,
restricted sites) present in the Gore Creek watershed. Model the guidance after the
Colorado Department of Transportation’s Erosion Control and Stormwater Quality
2. BEST MANAGEMENT PRACTICES
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Field Guide (www.codot.gov/programs/environmental/water-quality/documents).
This recommendation may, alternatively, be incorporated into the development of a
comprehensive Drainage Criteria Manual.
6. Add language requiring bid items from contractors to include cost of repairs to erosion
and sediment control measures when bidding for Town projects.
7. Address franchise agreements in Title 8 to incorporate these measures and
emphasize water quality BMPs in all utility work within Town.
8. Formalize policy for stabilizing bare surfaces throughout the project lifecycle, including
incorporation into ESC plans. Identify project staff responsible for implementation and
monitoring.
9. Formalize policy for engaging with experts to select seed mixes best suited for the soils/
conditions in Gore Creek watershed. Import certified topsoils in order to increase the
likelihood of re-seeding success in areas where soil constitution is a limiting factor.
10. Conduct soil testing at strategic locations to help inform selection of seed mixes.
11. Identify and document BMP guidance to stabilize slopes that are erodible during times
of year when vegetation cannot be established.
12. Only use sod to stabilize slopes in critically erosive areas where native seeding/mulching
techniques are ineffective or prohibitive.
B. PREVENT OFF-SITE TRANSPORT OF POLLUTANTS
The day-to-day activities of Town staff require them to frequently clean vehicles and perform maintenance tasks
that carry an elevated risk for hazardous materials spills to occur. Good housekeeping practices that reduce
or prevent off-site transport of waste material and chemicals generated by these activities include isolating
contaminated wash water discharges from the sanitary sewer system and stormwater conveyance infrastructure;
minimizing wastes generated by automotive maintenance activities; and preventing the discharge of fuels into
stormwater conveyances.
Recommended Actions
1. Label storm drains at key municipal facilities to eliminate potential for unintentional
discharges. Vehicle washing in undesignated zones likely drains to Gore Creek.
2. Use non-hazardous cleaners/solvents, steam cleaning or pressure washing whenever
practical for cleaning vehicles, windows, etc.
3. Document the applicable hazardous waste regulations and requirements for storing,
marking and disposing of wastes. Establish training programs for key Town personnel
that consider:
a.) Using as much of a product as possible before disposing of containers.
b.) Preventing removal of the original product label from the container.
c.) Developing procedures for the disposal of pesticides, construction wastes,
contaminated soils, concrete truck waste, sandblasting grits, and sanitary wastes.
4. Regularly inspect Town-owned and managed outdoor areas, especially parking areas for
vehicles awaiting repair, for drips, spills and improperly stored materials. Incentivize local
waste haulers to do the same.
5. Remove oil, grease and sediment from structural stormwater control facilities in the
vicinity of vehicle wash areas, fueling stations, and storage lots for heavy equipment at
regular, but site-specific, intervals and more frequently during periods of heavy rainfall or
snowmelt.
6. Establish that designated vehicle and equipment wash areas must be disconnected from
the storm sewer.
7. Cover fuel-dispensing areas and ensure that the cover does not drain onto the fuel
dispensing area.
8. If contractors are using a mobile fuel truck at a construction site, place temporary
caps over all nearby catch basins, manhole covers and storm drains. Use a secondary
containment system when transferring fuel from a fuel truck to a fuel tank.
9. Identify and document spill cleanup procedures for locations and activities where spills
may potentially occur.
10. Standardize operating procedures and employee training to minimize accidental
uncontrolled releases of hydrocarbons and solvents. Provide written procedures
describing these BMPs to all employees using fueling systems. Include operators
that oversee parks and open space, fleets and buildings, construction and other land
disturbances and storm drain maintenance.
11. Adopt an internal stormwater awareness message promoting pollution prevention and
good housekeeping measures.
12. Incorporate inspections to ensure BMPs are implemented properly into the existing TOV
employee review procedures (similar to safety inspections).
13. Post reminders above drains and faucets reminding employees to avoid using water to
clean up spills (when practical). Adhere stickers listing important information and contact
numbers for reporting illicit discharges, dumping or spills.
14. Develop Stormwater Pollution Prevention BMP guidance documents for employee
reference.
15. Label all hazardous materials containers with the name of the chemical, unit number,
expiration date, handling instructions and health or environmental hazards.
16. Add regular stormwater infrastructure maintenance to Vail Standards (2001).
17. Do not locate snow storage facilities near unprotected water bodies or stormwater
conveyance infrastructure directly connected to Gore Creek or its tributaries. Identify
snow storage facilities that need to be moved.
18. Reduce the likelihood that winter road maintenance materials enter the creek; do not
plow snow from roadways directly into water bodies. Conduct additional research to
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identify alternatives to using cinders at current application rates.
19. Minimize hydrological connections between snow storage facilities, surface water and
groundwater in the alluvial aquifer by locating them far from nearby water bodies and
promoting infiltration over surface runoff.
C. MINIMIZE POLLUTION
The most effective approach for controlling nonpoint source pollution is, generally, reducing pollutant loads at their
source. As manager and steward of numerous facilities and large public properties adjacent to Gore Creek and its
tributaries, the Town plays an important role in controlling the detrimental water quality impacts associated with
hazardous materials spills or overuse or careless application of pesticides and fertilizers. Curtailing the generation
of pollutants and chemicals that ultimately find their way to Gore Creek may be effectively achieved through
implementation of materials management, waste disposal, and integrated pest management/control programs.
Recommended Actions
1. Identify potential pests and confirm that they are truly harmful to the local
ecosystem before beginning a pest control program.
2. Use the least toxic pest control practices that target the specific pest(s) in question (i.e.
hormone packets for pine beetle, hand removal for invasive thistle, etc.).
3. Do not use chemical pesticides on municipal properties located within delineated zones
of water quality influence.
4. Follow the label directions specifying application frequency, quantity, and dilution ratios
for all pesticides, herbicides, and insecticides.
5. Treat unused pesticides, herbicides, and insecticides as a hazardous chemical and
dispose of it accordingly.
6. Use slow release organic fertilizers when practical, as they are less likely to be mobilized
by urban runoff.
7. When practical, till fertilizers directly into moist soil at the root zone.
8. Use frequent and small doses to fertilize warm season grasses in summer and cool
season grasses in fall.
9. Postpone pesticide and fertilizer application on windy days or immediately before a
heavy rain or runoff event.
10. Test soils on Town properties every 3 to 4 years to determine specific fertilizer
requirements.
11. Apply fertilizer according to instructions provided by the manufacturer or at reduced
rates.
12. Dispose of excess fertilizer and fertilizer containers in a responsible manner that
minimizes opportunity for entrainment in urban runoff.
D. REDUCE ROAD RUNOFF, OPERATIONS, REPAIR AND
MANAGEMENT IMPACTS
Many roads in the Town of Vail parallel Gore Creek and the layout of the Town necessitates a great number of
bridge crossings. Maintenance activities performed on these roads and bridges include application of deicing
compounds, resurfacing/sealing operations, painting, ditch scraping, structural repairs to bridge decks, and pest
control in ditches and medians. Loads of pollutants harmful to aquatic life may be effectively reduced through
active revegetation following soil disturbances, appropriate disposal of construction spoils, and judicious use of
pesticides, herbicides, fertilizers, deicing salts, and other chemicals.
Recommended Actions
1. Employ the use of structural controls to capture debris from pothole and shoulder
repair and dispose of it in the landfill.
2. Use proper staging techniques to reduce excess application of paving materials during
the repair of roadways and parking lots.
3. Perform paving operations using concrete, asphalt or other sealers in dry weather,
whenever practical.
4. Use enclosures to collect trash, excess resurfacing materials, and runoff during bridge
maintenance. When soils are disturbed, employ a specialist to assist in revegetation and
appropriate disposal of spoils.
5. Use suspended tarps, vacuums or booms to reduce pollutant drift onto waters during
bridge resurfacing, scraping and painting.
E. DEVELOP AND MAINTAIN STORMWATER CONTROLS
Limiting impacts associated with urban runoff requires frequent and attentive maintenance of stormwater
infrastructure. At its most basic, an effective stormwater control program relies on regular inspection and repair of
runoff treatment controls to maintain design treatment capacity; and initial and follow-up monitoring of stormwater
control measures to establish performance baselines/trends and guide future maintenance activities.
Recommended Actions
1. On Town properties, if areas are used for stormwater management, ensure that all
design, construction and public safety requirements meet the design criteria set forth by
the Town.
2. Clearly identify entities/departments responsible for maintaining various
components of the Town’s stormwater conveyance infrastructure.
3. Develop standards for inspection and maintenance of stormwater conveyance
infrastructure. Use maintenance checklists to systemize and document the
inspection process. Develop maintenance logs and triggers for each runoff control.
Implement a regular inspection and maintenance program.
142
4. Prioritize regular cleaning of areas and properties with greatest expected pollutant
loading and/or near waterbodies.
5. Manage vegetation in wet detention ponds and constructed wetlands to maintain
design flow patterns and optimal pollutant removal efficiency.
6. Establish guidelines for proper handling of liquid and solid residuals from runoff controls.
7. Utilize Low Impact Design (LID) techniques for stormwater control where practical.
8. Employ design guidelines intended to ease maintenance burdens for stormwater
infrastructure (e.g. via the inclusion of maintenance easements in design approvals).
9. Train inspectors to identify and remedy problems with stormwater conveyances.
10. Train maintenance employees in proper identification and handling of contaminated
waste collected in stormwater infrastructure according to RCRA, State and local
regulations.
11. Periodically test residual resulting from cleaning of stormwater control structures for
contamination.
12. Periodically monitor influent and effluent concentrations of chemicals of concern at
structural stormwater control devices during rainfall or snowmelt events.
13. Develop database to track stormwater infrastructure maintenance activities
employed by the Town.
F. MAINTAIN VEGETATED BUFFERS
Riparian cover and other vegetated buffers are essential components of the stream ecosystem. Streamside
vegetation is necessary to stabilize banks, attenuate the negative water quality impacts of urban runoff, and
provide shade to maintain water temperatures (7). Within the Town of Vail, historical development patterns
and unfettered public access to the stream has damaged or removed large vegetated buffer areas, disrupting
important habitat and water quality functions. Responding to these changes and ensuring optimal functioning of
the riparian buffer will require implementation of a riparian monitoring, management and maintenance practices
on Town-owned streamside properties.
Recommended Actions
1. Consider revegetation or other growth techniques as a form of mitigation for
achieving buffer preservation requirements. Use active revegetation to ensure the
preservation and propagation of streamside vegetated buffers on Town properties.
2. Develop and implement a riparian management plan. Ensure that the monitoring,
management, and maintenance schedule for municipally owned streamside
vegetated buffers is reflected in the principles outlined in a riparian management
plan or drainage criteria manual. Ensure that the plan designates the parties
responsible for management of streamside vegetated areas and specifically:
a.) Specifies that TOV is responsible for financing maintenance of vegetated buffers on
Town-owned streamside properties.
b.) Explains the importance of granting easements and covenants allowing access for
inspections and maintenance of the vegetated buffer.
c.) Prepares property owners for the likelihood that representatives from the Town will
enter the property at reasonable times to conduct on-site inspections of vegetated
buffers on public properties.
d.) Encourages initial and follow up monitoring of vegetated buffers to establish
performance baselines and trends to guide maintenance activities.
e.) Furnishes pre-inspection checklists to facilitate a systematic and documentable
inspection process.
f.) Provides instruction for non-routine maintenance or restoration needs as
determined by information gathered during regular inspections.
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While urban land uses comprise only eight percent of the Gore Creek Watershed, most development occurs
close to the stream corridor, which greatly magnifies water quality effects beyond what would normally exist in
predominantly undeveloped watersheds (12). It is therefore critical that regulatory tools addressing land use and
site development impacts under the jurisdiction of the Town of Vail are evaluated for effectiveness in supporting
the Goals of this Plan.
Town regulations currently achieve or partially support many of the regulatory principles recommended by the EPA
for minimizing water quality impacts:
• Practices to incorporate appropriate pollution prevention controls into site development
and use are required as part of Design Review Standards & Guidelines, and Erosion and
Sediment Control Plans are required on all sites with disturbances.
• Stream setbacks are well defined and a stormwater quality permit and stormwater
management plan (SWMP) is required for all projects over ½ acre in size or those
resulting in any disturbances to the riparian zone.
• The deposition of waste material or discharge of nonpoint source pollutants is
prohibited.
• The Town has established design criteria to specifically preserve existing vegetation
and encourage site development that is sensitive to natural features and requires the
submittal of drainage plans and water quality impact reports.
Despite regulatory provisions enacted by the Town, there exist several areas of improvement to better align the
land use and development code with EPA objectives in order to reduce, avoid and mitigate non-point source
pollution and subsequent impacts to water quality. A general evaluation of the Town’s land use regulations
affecting water quality relied heavily on the principles and objectives set forth by EPA in National Management
Measures to Control Nonpoint Source Pollution from Urban Areas (28). Evaluation of regulations focused on areas
of the Town Code that affect water quality by responding to general categories of stormwater and urban runoff
control (e.g. stream setbacks, construction site runoff controls, design standards for riparian and vegetative buffers,
etc.). Based on the existing organization of the sections of Town Code relevant to land use and water quality, the
GAP references the following titles in producing recommended actions:
Title 5 - Public Health and Safety
Title 8 – Public Ways and Property
Title 9 – Water and Sewer
Title 10 – Building Regulations
Title 12 – Zoning Regulations
Title 13 – Subdivision Regulations
Title 14 – Development Standards
In several instances, recommended actions overlap various titles of Town Code. Wherever possible, all Titles of
interest to the recommended action are referenced for amendment to maintain consistency and promote clarity for
the reader. It is not possible to isolate many of the recommended actions because of their functional relationship
and the natural overlap of numerous EPA principles. For example, protective land disturbance actions also support
improved drainage and vegetation actions, and so forth. Therefore, some redundancy is expected between
recommendations identified for each objective area below.
A. MAINTAIN SITE HYDROLOGY
Increased impervious area associated with most urban development can dramatically alter the timing and
magnitude of runoff from development sites during precipitation events and snowmelt runoff. Effective site
planning can help infiltrate runoff and filter pollutants while significantly reducing the size of controls required for
retaining runoff and sediment on a development site. Existing Town regulations provide guidance for assessing
and designing sites to minimize impacts of impervious surfaces and building footprints. Further clarification of
existing regulations will reduce water quality risks associated with post-development runoff by promoting site
design techniques that store, infiltrate, evaporate or detain runoff.
Recommended Actions
1. Update Titles 13 and 14 of Town Code to require that average runoff volume is
maintained at pre-development conditions. Ensure that the post development runoff
rates do not exceed the observed or simulated pre-development rate for all storms less
than or equivalent to the 2-year, 24 hour storm.
2. Update Titles 13 and 14 of Town Code to address predevelopment hydrology on
all sites adjacent to receiving waters and provide guidance for specific stormwater
controls. Reports should address expected alteration of historic or predevelopment
conditions in consideration of a particular location/development plan.
3. Require development of a stormwater management plan (SWMP) as a condition for
approval for development projects on all properties adjacent to receiving waters or
located within other delineated zones of water quality influence. Develop minimum
standards for SWMP elements, provide guidance for properties of varying size,
location and expected level of impact*.
4. Incorporate a pre-development planning and review process in Title 12 (Design
Review) that specifically identifies the extent of stormwater controls to be
considered for any property, considering the unique vegetative and topographic
conditions present on the site.
*To be incorporated in the development of a Drainage Criteria Manual
B. PROTECT HIGH VALUE AREAS
The increase in stormwater runoff that results from urban development can dramatically impact the ecology of
riparian zones, wetlands, and streams by altering characteristics of hydrology, water quality and soil (13). Protection
of areas that provide important water quality benefits or are particularly susceptible to erosion and sediment loss
is, therefore, critical for limiting risks to water quality in Gore Creek and its tributaries. Existing Town regulations
provide limited guidance on the delineation and protection of areas that provide water quality benefits through
site plan and development review procedures.
3. RULES AND REGULATIONS
144
Recommended Actions
1. Map all wetlands, riparian zones, and high value vegetated buffer areas within the Town
limits. Delineate such zones as areas of important water quality influence.
2. Update Title 12 and Stream Setback map with additional buffer boundaries, as
proposed by this Plan, to achieve objectives of preserving vegetation.
3. Update stream setback, riparian zone, vegetative buffer zone and other water quality
objective definitions in Titles 9, 12, 13 and 14 of Town Code to improve consistency and
better conform to GAP objectives and recommendations. Currently, the stream setback
official map and definition do not articulate what practices are prohibited within the
stream setback.
4. Provide clear direction in Design Review Standards & Guidelines to protect and retain
existing vegetation to decrease concentrated flows, maintain site hydrology and
minimize soil erosion.
5. Establish early pre-application site visit and requirements in Titles 12 and 14 to identify
natural/high-value water quality features on all properties adjacent to receiving waters or
located within delineated zones of water quality influence.
6. Include new design measures in Design Review Standards & Guidelines that incorporate
concentration of development and construction activity on a limited portion of a
site, leaving the remainder undisturbed. Apply guidance to all properties adjacent to
receiving waters or located within delineated zones of water quality influence.
7. Update the applicability and content of the Environmental Impact Report (EIR) to
include a Finding of No Significant Impact (FONSI) process for development on all
properties adjacent to receiving waters or located within delineated zones of water
quality influence. Restrict use of water features located within delineated zones
of water quality influence for runoff control only (e.g. prohibit development of
aesthetic or chemically treated water features in riparian zones and wetlands).
8. Consider the legal ramifications of instituting “no-mow” zones on private property
near streams, ponds, and wetlands.
C. REDUCE POLLUTANT LOADING
Limiting impacts from development and management activities is an important strategy to achieve water quality
protections during development and redevelopment of properties within the Town. Existing Town regulations
provide limited guidance on land disturbance except for preservation of mature existing trees. Due to the compact
and limited development opportunities in the Town of Vail, controlling site disturbance requires consideration
of the aesthetic appearance of development and redevelopment, building footprint size, and limitations on
allowable GRFA. Stream setbacks are important measures to limit land disturbance, however, they require clear
and pragmatic standards addressing areas proposed for construction, grubbing or grading. Site fingerprinting - or
confining ground disturbances to the most environmentally sound development footprints - is a means to reduce
paving and compaction of permeable soils, minimizing the size of construction easements and material storage
areas, and disconnecting pollution transport pathways between upland land use activities and local waterways.
Recommended Actions
1. Provide detailed pre-application and design review guidance in Titles 12 and 14 to
minimize impacts of site disturbance and erosion on receiving waters.
2. Update Title 14 to include new design measures in Design Review Standards &
Guidelines that incorporate appropriate pollution prevention practices into site
development.
3. Require ESC plan submittal on sites with total disturbances greater than 500 square
feet or disturbances of any size on sites located adjacent to receiving waters or within
delineated zones of water quality influence. Require appropriate stormwater control
BMPs on all sites that do not meet the above criteria but where excavation or grading
occurs.
4. Provide TOV with the appropriate temporary stream crossing BMPs if a wet watercourse
will be crossed.
5. Develop and implement a registration program for pesticide applicators,
landscaping, and snow plowing professionals operating in Vail. Require formal
training in relevant water quality BMPs as part of the licensing process.
6. Require commercial pesticide applicators to notify designated Town staff of the timing
and location of chemical pesticide application on all parcels located within the Town
boundaries.
7. Consider the legal ramifications (e.g. as per the Colorado Pesticide Applicators Act,
CRS 35-10-112.5(2) General Pre-emption) of partially or fully restricting commercial
application of Restricted Use Products (RUPs) in delineated zones of water quality
influence or within 100 feet of any watercourse.
8. Update Title 10 (Building Regulations) to store hazardous substances at least 150 feet
from any stream or water body.
9. Adopt a comprehensive Illicit Discharge Detection and Elimination (IDDE)
Program following the guidance provided by EPA in Illicit Discharge Detection
and Elimination: A Guidance Manual for Program Development and Technical
Assessments (http://water.epa.gov/polwaste/npdes/stormwater/Illicit-Discharge-
Detection-and-Elimination-IDDE.cfm), updating Chapter 1 (Water Quality) in Title 9
of the Town Code. Specifically, the program should:
a.) Include illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time of
connection.
b.) Consider person to be in violation of this ordinance (illicit connections) if the person
connects a line conveying sewage to the stormwater system, or allows such a
connection to continue.
c.) Suspend discharge access to a person when an actual or threatened discharge
presents or may present imminent and substantial danger to the environment, or
the health and welfare of persons or to the stormwater system or waters of the
State.
145
d.) Terminate access to the stormwater system if a person found in violation of the
ordinance and such a termination would abate or reduce an illicit discharge.
e.) Conduct monitoring and sampling of the permitted facility’s stormwater discharge.
f.) In some cases, consider requiring the discharger to install, calibrate, and maintain
monitoring equipment to measure stormwater flow and quality.
g.) See that every person owning property through which a watercourse passes
maintains the watercourse within the property free of trash and debris that would
otherwise pollute or contaminate the watercourse.
h.) Require that any person or facility with knowledge of, or responsible for, illegal
discharges into the storm drain system take all necessary steps to ensure the
discovery, containment and cleanup of such release.
i.) In the event of an illegal discharge, require the operator of the establishment to
notify the authorized enforcement contact and retain an on-site written record of
the discharge for 3 years, and to take action to prevent its recurrence.
D. ENHANCE STREAMSIDE VEGETATION
Vegetated buffers have several important functions: they help improve soil and water quality, stabilize streambanks,
decrease flood severity, replenish ground water supply, protect against property loss due to erosion, and provide
wildlife habitat (24). Re-establishment of vegetative buffers between the stream edge and existing development
footprints, including that of public paths, may help prevent disrupt flow of urban runoff from impervious surfaces
into adjacent surface waters and provide critical functions related to infiltration, pollutant removal, and sediment
retention. In several areas, wider or more robust vegetative buffers along Gore Creek could be highly effective at
controlling pollutant loading. Existing regulations lack clear restrictions on vegetative buffer areas, do not stress
their importance to water quality as part of the development process, and fail to clearly define compatible site
practices and uses within stream setbacks. The critical importance and limited availability of vegetated buffers on
many streamside properties makes placing further emphasis and restrictions on permissible uses in these areas
paramount.
Recommended Actions
1. Update Titles 8, 9, 12 and 14 to establish a Stream Protection and Overlay/
Hazard Zone to achieve riparian and buffer objectives defined by this Plan.
Restrict land uses in near stream zones to preserve or reestablish important
vegetated buffers, reduce impervious cover, and eliminate potential sources
of pollutants to the stream. Model zoning overlays and associated land use
restrictions after EPA recommendations for a three-zone Riparian/Forested
Buffer (http://water.epa.gov/polwaste/npdes/swbmp/Riparian-Forested-Buffer.
cfm)
2. Require that encroachments on public property resulting in degradation of the
water quality function or natural extent of riparian areas, wetlands, or other
delineated zones of water quality influence be remediated to pre-development
conditions (as determined by a qualified landscape architect and approved by
Town staff).
146
WATER QUALITY BENEFITS OF VEGETATED BUFFERS
Streamside vegetation provides numerous water quality benefits to Gore Creek. These vegetated buffers provide
key environmental functions due to their unique location in the transition zone between hillslopes and streams.
Healthy buffers promote infiltration, remove sediment and other contaminants from urban runoff, provide shade
and food sources for healthy aquatic life, and help maintain stream bank stability during high flows. Proper design,
placement, and protection of vegetative buffers are, therefore, critical for maximizing water quality protection in
the Gore Creek watershed (4)(6).
Critical factors like width, orientation, plant species composition, management practices, and watershed location
should be considered buffer protection, planning, and design (3). The width of vegetated buffers is a primary
determinant of the ability of these zones to protect the stream against the effects of upland land use activities.
Buffer width is typically measured as the horizontal distance from the high water mark (or vegetation line) to the
upland edge of the vegetated zone (4). Current research on riparian functions identifies a variety of effective buffer
widths according the ecological benefit of interests.
U.S. EPA recommends a minimum buffer width of either 100 feet, or the extent of 100-year floodplain plus 25
feet, on both sides of a stream (6). This recommendation aims to integrate best-available science and promote
straightforward delineation of important buffer zones to ease implementation and enforcement of land use
restrictions. While this recommendations is supported broadly by scientific findings, the reality in Vail and other
urban settings is that streamside property is desirable and 100-foot setbacks for existing and new developments
are socially challenging and in many cases, infeasible. To maximize water quality protection while still recognizing
human uses, principles of the 3-zone buffer system can guide decisions on near-stream land use and development.
THE 3 ZONE BUFFER FRAMEWORK EXPLAINED
The 3-zone buffer system supplies the conceptual framework for Gore Creek decision makers to consider the
various functions that vegetated areas provide as a function of increasing distance from the stream. The 3-zone
buffer system delineates vegetated areas in three nested zones that parallel the stream channel. Each zone
performs one or more important water quality protection functions and is characterized by unique optimal widths,
vegetative targets, and management objectives (5). Variations in vegetation, soils, and distance to the stream
control the distribution of environmental benefits in each zone. By highlighting individual functions in each zone,
the 3-zone system allows land managers to efficiently maximize desired benefits of the buffer (2).
Zone 1, the overbank zone, protects the physical and ecological integrity of both the stream and near-stream
infrastructure. Riparian communities and wetlands present in this zone slow the movement of water across the
landscape and reduce pollutant loading through biological update or chemical transformation. Zone 2, the
transitional zone, contains the major transition from frequently inundated streamside areas to dryer uplands. Zone
2 is highly variable depending on stream size, stream channel geometry, and local topography such as valley width
and bank steepness. Generally it includes the 100-yr floodplain, connected slopes, and connected wetlands;
the key function of Zone 2 in the urban context is to cushion and shield the stream from various effects of upland
development. (5). Zone 3, the upland zone, acts as the “buffer’s buffer”, extending an additional 25-ft. from the
edge of the Zone 2 and providing important protections against sediment entrained in urban runoff (5).
APPLYING THE 3-ZONE
FRAMEWORK
Protection against soil compaction, loss of vegetation, and
stream incision promote the maximum functional effectiveness
of the vegetated buffer (6). The following land use restrictions
identified for each buffer zone are presented here as an
operational framework to protect and improve water quality:
Zone 1 receives the most stringent use restrictions due to its
proximity to stream. Human-sourced pollutants and sediment
in this zone have the shortest travel distance to the creek.
Vegetation in this zone is frequently in direct contact with water
and therefore any chemical pesticides applied in this zone
has a high probability of entering the stream. Vegetation in
Zone 1 should include native species and active management
of vegetation (mowing, trimming, removal of natives, and/or
planting of non-native species) should be extremely limited, or prohibited. Land use in Zone 1 should be limited
to soft-surface footpaths, perpendicular roadway crossings, and structural stormwater controls that minimize
the amount of lateral stream bank disturbance. Because Gore Creek is a hugely important cultural and scenic
centerpiece to the community of Vail, pedestrian and recreational access should be planned in a distributed
fashion that limits impacts to small areas that can be appropriately controlled and maintained.
Development in Zone 2 should include low impact uses like parks and bike paths, ideally constructed with pervious
materials and associated LID/green BMPs that minimize surface runoff and promote infiltration of snowmelt and
precipitation. Vegetation in this zone is typically more resilient to limited active management. Selective tree
clearing may be appropriate. New construction of impervious surfaces should be avoided, and existing impervious
surfaces should receive periodic evaluation based on continuing community needs and likely long-term stream
impacts. Over time, TOV should work to eliminate some existing impervious surfaces and structures in Zone 2 that
no longer serve important functions for the community.
Management of Zone 3 should focus on preventing new encroachment (e.g. by structures or impervious surfaces)
and eliminating existing impervious surfaces where practical. Turf, gardens and stormwater controls should be
PRINCIPLES OF STREAM PROTECTION OVERLAY DESIGN
Author Habitat for Aquatic Life Maintain Stream
Temperature Retain Nutrients Sediment Control Bank Stabilization Pesticide Retention
Wegner (1999)-33 - 98 ft. 50 - 100 ft 82 - 328 ft. ->49 ft.
Army Corps (1991)98 ft. 33 - 66 ft. 52 - 164 ft. 33 - 148 ft. 49 - 98 ft. 49 - 328 ft.
Fisher and Fischenich (2000)> 98 ft. -16.4 - 98 ft 30 - 200 ft. 30 - 66ft -
Broadmeadow and Nisbet (2004) 33 - 164 ft. 49 - 230 ft. 16.4 - 98 ft 49 - 213 ft. --
Range of Widths Reported by Literature 33 -164 ft.33 - 230 ft. 16.4 - 98 ft. 30 - 328 ft.30 - 98 ft. 49 - 328 ft.
(Adapted from Hawes and Smith, 2005.)
Effective widths supporting specific buffer function as published in scientific literature (Adapted from Hawes and Smith, 2005)
147
Zone 1 Zone 2 Zone 3
Function
Bank stability, pollutant uptake and
storage, wildlife habitat (terrestrial
& aquatic)
Pollutant uptake, sediment
control, runoff reduction via
infiltration
Runoff reduction, sediment
control, prevents
encroachment prevention
Optimal Width 25’50’25’ or 100-yr floodplain + 25’
Sediment Removal
Pollutant Removal
Bank Stability
Shade/Nutrients
Total Area Within TOV Limits 92.3 acres 168.3 acres 141.9 acres
# Encroaching Structures 67 383 448
Impervious Coverage 2.6 acres (2.8%)52.3 acres (31%)38.9 acres (27%)
Degraded Vegetation*16.3 acres (16%)-
Public Land Use 43.3 acres (49%)65.9 acres (39%)82.2 acres (58%)
Residential Land Use 26.9 acres (29%)58.0 acres (34%)32 acres (19%)
Commercial Land Use 5.0 acres (5%)13.7 acres (8%)7.6 acres (5%)
Vegetation Undisturbed, mature riparian forest
and overbank vegetation
Managed, mature native
forest and vegetation
Native upland species or turf
grass
Use Restrictions
Highly Restricted. Uses limited to:
footpaths, stormwater facilities, and
roadway crossings.
Restricted to Low Impact
Uses: only a limited amount
of tree clearing is allowed,
no impervious
surfaces/septic/UST
permitted.
Restricted to Moderate
Impact Uses. No impervious
surfaces are allowed. Lawn,
garden, compost, yard
wastes, and most
stormwater BMPs are
permitted.
*Extent of degraded vegetation determined through assessment of aerial photographs for Zone 1 and Zone 2 only.
Recommended Land Uses
Existing Land Uses
Water Quality Functions
allowed in Zone 3. Even though this zone is
the furthest removed from the watercourse,
it is the first line of protection separating
the stream from urban activities and plays
an important role in buffering the other
downslope zones against the impacts of
urbanization.
Town of Vail should consider the unique
physical, political, and logistical constraints
within the town boundary when identifying a
total optimal vegetated buffer width for water
quality protections and the corresponding
widths and land use restrictions appropriate
for each management zone. Regardless of the
designated buffer width, continual protection
of vegetated buffer zones on public and
private property will require strong education
and enforcement programs (5). Greater
awareness of vegetated buffer functions is
necessary to promote compliance with water
quality goals and cultivate a stronger sense of
stewardship by local homeowners (5). Buffer
boundaries should be clearly delineated and
easily identifiable. This will likely require
publication of maps, adoption of new Zoning/
Hazard Overlays, and installation permanent
signage on municipal property describing
allowable uses in each buffer zone.
Planning and design processes are often
complicated by the need to achieve multiple
and sometimes conflicting environmental and
social goals (1). If regulating land uses within
fixed-width vegetated buffers (as described
above) is deemed legally, politically, or
practically infeasible, variable width buffers
may be developed as an alternative. Variable-
width buffers require greater time and
financial resources to develop, but can create
a framework for more-nuanced consideration
of both stream protection and socio-economic
land use goals on a site-by-site basis.
However, variable-width buffer delineation
processes may be vulnerable to interest-
driven manipulation within the municipal
planning process.
A policy decisions processes regarding
vegetated buffer delineation and
management should be highly transparent
and explicitly seek to balance social and
development goals against the best available
science and strong protections for Gore
Creek. Currently documented urban stream
buffer ordinances in the U.S. range from 20
to 200 feet in width from stream edge, with
a median of 100 feet (5). Whether fixed or
variable, U.S. EPA continues to recommend
native vegetation riparian buffers at least 100
feet wide for all streams, regardless of size (6).
GENERAL
CONSIDERATIONS FOR
LONG-TERM BUFFER
PROTECTION
Zone 1 Zone 2 Zone 3
Function
Bank stability, pollutant uptake and
storage, wildlife habitat (terrestrial
& aquatic)
Pollutant uptake, sediment
control, runoff reduction via
infiltration
Runoff reduction, sediment
control, prevents
encroachment prevention
Optimal Width 25’50’25’ or 100-yr floodplain + 25’
Sediment Removal
Pollutant Removal
Bank Stability
Shade/Nutrients
Total Area Within TOV Limits 92.3 acres 168.3 acres 141.9 acres
# Encroaching Structures 67 383 448
Impervious Coverage 2.6 acres (2.8%)52.3 acres (31%)38.9 acres (27%)
Degraded Vegetation*16.3 acres (16%)-
Public Land Use 43.3 acres (49%)65.9 acres (39%)82.2 acres (58%)
Residential Land Use 26.9 acres (29%)58.0 acres (34%)32 acres (19%)
Commercial Land Use 5.0 acres (5%)13.7 acres (8%)7.6 acres (5%)
Vegetation Undisturbed, mature riparian forest
and overbank vegetation
Managed, mature native
forest and vegetation
Native upland species or turf
grass
Use Restrictions
Highly Restricted. Uses limited to:
footpaths, stormwater facilities, and
roadway crossings.
Restricted to Low Impact
Uses: only a limited amount
of tree clearing is allowed,
no impervious
surfaces/septic/UST
permitted.
Restricted to Moderate
Impact Uses. No impervious
surfaces are allowed. Lawn,
garden, compost, yard
wastes, and most
stormwater BMPs are
permitted.
*Extent of degraded vegetation determined through assessment of aerial photographs for Zone 1 and Zone 2 only.
Recommended Land Uses
Existing Land Uses
Water Quality Functions
148
References
1) Bentrup, G., M. Schoeneberger, M. Dosskey, and G. Wells. 2003.
The fourth P: planning for multi-purpose riparian buffers. In: Proc. of
the 8th North American Agroforestry Conference. 23-25 June 2003.
Corvallis, OR. pp. 26-37.
2) Hawes, E., & Smith, M. 2005. Riparian buffer zones: Functions
and recommended widths. Eightmile River Wild and Scenic Study
Committee, 15, 2005.
3) National Research Council (NRC). 2002. Riparian Areas: Functions
and Strategies for Management. National Academies Press,
Washington, DC, 428 pp.
4) Tolzman, S. A. 2001. GIS based riparian area management plans:
recommendations to local governments of the Columbia River
Estuary Study Taskforce.
5) USDA. 1998. Stream corridor restoration. Revised August, 2001.
www.usda.gov/stream_restoration
6) USEPA. 2005. Riparian Buffer Width, Vegetative Cover, and
Nitrogen Removal Effectiveness: A Review of Current Science and
Regulations. EPA/600/R-05/118
Relationship between build-out patterns in downtown Vail and EPA recommended vegetated buffer zone widths.
149
E. REDUCE IMPERVIOUS AREA AND IMPLEMENT RUNOFF
CONTROLS
Impervious areas convey significant amounts of runoff, carrying pollutants quickly across the land surface or
through stormwater conveyance systems to Gore Creek and its tributaries. Pollutant loading from impervious
surfaces can be effectively reduced through disruption of the pathways that link these areas to waterbodies.
Routing of urban runoff into bioretention structures, over lawns or through other vegetated areas greatly increases
infiltration and opportunities for uptake and transformation of pollutants. Low Impact Development (LID)
techniques intend to mimic the natural pre-development drainage patterns and include curbless roads, networks
of grassy swales to convey runoff, and bioretention areas (with drop inlet structures where necessary to convey
concentrated flows during larger storm or runoff events) (12). Pervious or porous pavements promote infiltration
while providing a hardened surface for pedestrians or vehicles. Use of LID techniques produces discernible
improvements to the quantity and quality of urban runoff generated from a property.
Current Town regulations require parking areas to be paved. Design standards require runoff generated from
impervious surfaces to be directed to natural or improved drainage channels or dispersed to shallow sloping
vegetated areas. However, hardscape areas are not well defined as impervious by Town’s development standards.
Hardscape areas may be included in satisfying the required landscaping standards of any zone district, provided
they do not exceed twenty percent (20%) of the total landscape area. For many properties - particularly those
adjacent to Gore Creek - the existing standard should be reconsidered with an emphasis on the use of LID’s to
minimize the use of impervious surfaces to the greatest extent possible.
Recommended Actions
1. Adopt a modified version of State stormwater management plan requirements
establishing local standards that augment/modify Stormwater Management Plan
Preparation Guidance (4/2011) and the building permit inspection process.
2. Clarify required reporting, inspection and enforcement roles for water quality
objectives in Titles 9, 10, 13 and 14 of Town Code. Require reporting by all
SWMP permittees as part of a building permit inspection process in order to avoid
potential lapse in maintenance of established controls.
3. Update Title 14 to establish a simple permit and inspection system for all construction
sites to better define roles and responsibilities related to ESC installation and
maintenance.
4. Update Title 14 to add a Drainage Criteria Manual adapted from the Urban Drainage
and Flood Control District’s Urban Storm Drainage Criteria Manual (Volume 3) to
reflect the unique hydrological, geographical, and geological characteristics of the Vail
Valley. Use the model developed by Woodland Park as guidance (http://www.city-
woodlandpark.org/home/public-works/drainage-criteria-manual/).
5. Update Title 14 to add a Grading, Erosion, and Sediment Control Manual that includes
specific guidelines and criteria for ESC on the types of development sites typically
encountered in Vail. Include example cut sheets for Best Management Practices.
This recommendation may, alternatively, be incorporated into the development of a
comprehensive Drainage Criteria Manual. Include the following criteria:
a. ESC plans must include a site development plan and construction schedule,
including stripping and clearing, rough grading, stockpiling, construction of utilities,
infrastructure and buildings, and final grading and landscaping. Sequencing should
identify the expected date when clearing will begin, the estimate duration of
exposure of cleared areas, areas of clearing, installation of temporary erosion and
sediment control measures, and the establishment of permanent vegetation.
b. ESC plan applicants must file a faithful performance bond, letter of credit, or other
improvement security. Security must cover all costs of improvements, landscaping,
maintenance of improvements, and engineering and inspection costs to cover
the cost of failure or repair of improvements on the site through acceptance of
improvements by the Town.
c. A contractor certified in appropriate ESC practices must be on site all days when
construction or grading activity takes place. Implement post-construction review to
ensure compliance with original ESC and stormwater management plans.
d. ESC plans must include provisions for ongoing maintenance of control facilities,
including easements and estimates for the cost of annual maintenance activities.
e. ESC plans must contain a vegetation plan detailing seeding mixtures and rates,
types of sod, method of seedbed preparation, expected seeding dates, type
and rate of soil amendment application, and kind/quality of mulching for both
temporary and permanent vegetative control measures.
f. ESC plans must include a natural resources map identifying soils, forest cover,
Stream Protection and Overlay/Hazard Zones and other protected or high value
resources.
6. Update Town Code to require treatment of all discharges of stormwater through at
least one structural control or bioretention facility. Require that design of all on-site
stormwater controls, conveyances and outlets adhere to specific drainage criteria
adopted by the Town.
7. Update Title 14-10-3: Site Planning and Title 14-10-8: Landscaping, Drainage and
Erosion Control to specifically address reductions in impervious surface connectivity.
8. Treat open space development as a by-right form of development. Do not require
special exceptions or additional review in any zone district for open space development,
provided that such development promotes and protects the natural drainage
characteristics and vegetative cover of the site.
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Data collection and research simultaneously provide the foundation for informed water resource decision-making,
and the feedback mechanism to judge the efficacy and success of water quality improvement and mitigation
actions recommended in the GAP. The basic motivation for changes to TOV rules, regulations and management
practices, proposed site specific projects, and targeted education and outreach campaigns remains firmly
grounded in decades of data collection and analysis activities conducted in the Vail Valley by diverse parties and
stakeholder groups, ranging from federal agencies like the USGS to volunteer monitoring organizations like ERWC
and River Watch. Continuation of these data-collection and research activities ensures that the effectiveness of
mitigation, remediation, and restoration actions can be quantified. In this way, identifying success in meeting the
Town’s water quality Goals can only be achieved through appropriate water quality monitoring before, during, and
after implementation of actions described in the GAP.
Numerous entities work collaboratively or independently to collect data in the Gore Creek watershed, including
TOV, ERWSD, ERWC, Eagle County, CDPHE, CPW, USGS, USFS, and EPA. Additional entities provide funding
to support these efforts. Specific data collection and analysis efforts vary according to the needs and goals
of each organization. Each year, USGS collects a suite a water quality information including field parameters,
nutrients, trace metals and elements, and discharge at the mouth of Gore Creek and above the town boundary.
ERWC conducts macroinvertebrate monitoring at those same locations. ERWC also performs opportunistic data
collection associated with individual studies or projects (e.g. stormwater loading analyses) at multiple Gore Creek
and tributary locations. ERWSD collects field parameters, metals, nutrients, temperature, and macroinvertebrate
data at multiple sites on Gore Creek as part of WWTP permit obligations and organizational research objectives.
TOV collects field parameters, trace metals, and nutrients at four sites in conjunction with the River Watch
program. USFS collects benthic macroinvertebrate data from tributaries streams on USFS managed land above
TOV. EPA conducts monitoring for organics including pesticide/herbicide chemicals, and other contaminants
of emerging concern periodically and at several locations on the mainstem of Gore Creek. These efforts jointly
provide information that is highly pertinent to the objectives of the GAP by addressing the specific types, location,
spatial resolution, and frequency of data collection needed to inform TOV regarding the progress and success of
upcoming water quality improvement actions.
Data collection and research guided by explicitly stated objectives reinforce overall program effectiveness.
Objective-based monitoring efforts provide more value by reducing or eliminating discontinuities between the
collection of environmental samples, the generation of data and interpretations, and decision-making processes
(17). In the context of the GAP, data collection objectives must clearly focus on the water quality parameters used
to judge progress made toward or away from the Town’s water quality Goals (i.e. assessing macroinvertebrate
community health according to WQCC procedures). However, data collection and research activities should also
evaluate changes in the water quality parameters, land use activities, and land cover types directly targeted by
specific actions implemented under the Plan. The information generated from these investigations should be
used by the Town to reconsider the prioritization of actions listed in this Plan and, where appropriate, modify
implementation strategies to favor those actions most likely to produce favorable results.
Recommendations put forward by the Plan generally seek to 1) reduce overall pollutant loads by enacting
regulatory actions, changing management practices, or modifying human behavior through education/outreach
campaigns, and 2) interrupt or eliminate the pathways by which pollutants rapidly move across the landscape
to Gore Creek and tributaries. Understanding and quantifying the relative levels of success achieved with each
of these approaches requires data collection and research activities that respond to three different monitoring
objectives: water quality status and trend analysis, contaminant source assessments, and model calibration and
verification (24). Existing data collection and analysis programs implemented in the Gore Creek watershed by Town
of Vail, ERWC, ERWSD, Eagle County, and others help meet many of these objectives. Thus, recommendations
provided in this section focus on sustaining those activities that already meet data collection and research
objectives, while recommending the development of new efforts that fill important gaps.
A. WATER QUALITY STATUS AND TREND ANALYSIS
Recommended actions for ongoing water quality monitoring and evaluation were developed using the following
objective: identify improving or worsening conditions for aquatic life by evaluating data collected at strategic
locations across the watershed against WQCC water quality standards and EPA recommendations. Ambient water
quality monitoring, establishes the reference conditions against which current deviations and future changes in
the chemical or physical conditions in streams and rivers are compared. Assessment of trends allows stakeholders
to understand how changing watershed conditions (natural and anthropogenic) influence water quality conditions
through time. This type of evaluation is particularly helpful to land planning and resource management processes
aimed at understanding the water quality implications of particular management actions. Trends analysis demands
relatively stable data collection locations and sampling frequencies over extended time periods, and that
methodologies and water quality parameters remain consistent so that long-term data sets are directly comparable
and analytically useful (9).
Recommended Actions
1. Continue annual support of long-term USGS sampling activities directed by the
Water Quality Monitoring and Assessment Program (WQMAP) and administered by
the Eagle River Watershed Council.
2. Continue participation in the Colorado Parks and Wildlife’s River Watch program,
which directs Town staff to periodically collect water quality samples at four
locations on Gore Creek.
3. Continue support for bi-annual Black Gore Creek traction sand monitoring as
coordinated and administered by the Eagle River Watershed Council and the Black
Gore Creek Steering Committee.
4. Coordinate with the Eagle River Water and Sanitation District to collect and analyze
macroinvertebrate samples at several locations along Gore Creek and its tributaries.
Monitoring should occur annually in the fall and bi-annually in the spring at up to
twelve locations. Analysis should focus on characterizing interannual variability and
long-term changes in macroinvertebrate community structure over time.
5. Procure high resolution aerial photography to develop and periodically update (~
every 10 years or as significant changes in land use occur) a high resolution (< 1.0
meter) impervious surface mapping data layer to aid in land-use trend assessments
that evaluate changes in land use against changes in water quality.
B. CONTAMINANT SOURCE ASSESSMENTS
Recommended actions for assessing contaminant sources were developed using the following objective:
characterize the importance of specific water quality stressors to patterns of observed macroinvertebrate health by
identifying the location, timing, and magnitude pollutant loading on Gore Creek and its tributaries. Contaminant
source assessments target impacted water bodies or stream reaches where the cause(s) of observed water quality
4. DATA COLLE=CTION & RESEARCH
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conditions/impairments is not evident or where the water quality impact of a specific land use
activity is unknown and needs to be quantified (9). is, therefore, critical for limiting risks to water
quality in Gore Creek and its tributaries. Existing Town regulations
Recommended Actions
1. Support or implement efforts to characterize the timing and
magnitude of stormwater loading to Gore Creek during precipitation
events in order to better target particular stream reaches for
revegetation projects or construction of structural stormwater
controls.
2. Coordinate with U.S. EPA, Eagle River Water and Sanitation District,
and Eagle River Watershed Council to promote and implement
organic chemistry monitoring on Gore Creek to better understand
the locations and concentrations of pesticide and herbicide
occurrence.
3. Support Eagle River Watershed Council efforts to collect, analyze,
and interpret chloride runoff data from the I-70 corridor to better
understand the impacts of deicing chemicals on water quality.
C. MODEL DEVELOPMENT, CALIBRATION AND
VERIFICATION
Recommended actions for developing, calibrating and verifying ecological models were
developed using the following objective: generate data sets and modeling tools that aid in
evaluation of pollution risk and the characterization of water quality program effectiveness.
The most complex type of data collection and research is implemented in support of model
calibration and verification. Models of natural and human systems that attempt to quantitatively
understand the relationships between water quality conditions and the interplay between
various watershed characteristics can be extremely useful in identifying significant drivers of
water quality, but are only as useful and reliable as the data used to create them.
Recommended Actions
1. Procure LiDAR surface imaging data from Eagle County to support
fine resolution drainage basin mapping and surface runoff modeling.
2. Develop a topologically correct spatial database of the Town’s
stormwater conveyances and appurtenances and the drainage
areas that contribute flow to them in order to support stormwater
management modeling exercises and urban drainage master
planning efforts.
3. Develop an ecotoxicological model for Gore Creek to better
understand the combined indirect and direct effects of multiple
stressors (nutrients, organic chemicals, temperature, suspended
sediment, flow, etc.) on macroinvertebrate community composition
and distribution in order to more effectively target specific land-use
activities for action under the GAP.
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In many locations across the Gore Creek watershed, interruption of pollutant transport pathways may be effectively
achieved through construction and restoration projects. Historical development patterns in the Town of Vail
resulted in significant buildout in areas adjacent to the Gore Creek and its tributaries. Much of this buildout
resulted in placement of residential and commercial structures, parking lots, public paths, and roadways in close
proximity to the streambank. The combination of this proximity, the routing of water away from structures via
drainage system components and appurtenances, and ongoing landscaping activities (e.g. manicuring turf to
the water’s edge, application of fertilizers and/or pesticides to near-stream vegetation, removing vegetation for
better views of the water) on residential and commercial properties elevates the risk for transport of pollutants
across the landscape and into local waterways. As a result, revegetation of streamside buffer zones and stormwater
control enhancement projects represent critical methods for mitigating the effects of existing impairment sources,
remediating historical damage caused by patterns of land use, and preventing future impacts to Gore Creek.
A. VEGETATED BUFFER RESTORATION
The Environmental Protection Agency considers riparian disturbance as one of the most widespread stressors
to streams nationwide (29). A wealth of scientific research catalogues the value of functioning riparian buffer
communities to stream health, including macroinvertebrate community health, and illustrates the negative
consequences of their alteration, degradation, or removal (18, 2, 32). Scientific consensus also highlights that
these critical transitional zones filter and attenuate nonpoint source pollutants like nutrients and sediment prior to
entry into stream systems, physically stabilize banks against high flows, provide vital food inputs to aquatic life, and
regulate stream temperatures (13).
Delineation of important streamside revegetation zones in the Gore Creek watershed relied on a coarse-level
screening process using hydraulic modeling and aerial photography. The optimal extent of riparian vegetation
was set equal to the modeled 50-year floodplain as recommended by Fernandez et al. (11). The total extent
of the vegetated buffer was delineated at 25 feet from the water’s edge according to minimum buffer size
recommendations from U.S. EPA (29). Delineation of the two zones intends to assist Town staff and practitioners
identify appropriate vegetative community compositions during the design phase for each restoration project.
Aerial mapping of these buffer zones across the watershed allowed for identification of areas deficient in
vegetation quality and extent. Recommendations for vegetated buffer restoration occurred where deficient
areas were sufficiently large and where drainage patterns were expected to elevate local water quality risks.
Individual delineated project areas were grouped together based upon proximity, property ownership, and access
requirements. Limited field observation was conducted to evaluate specific restoration design and effectiveness
for each project area. Therefore, recommendations provided here represent initial expectations for streamside
revegetation needs and should not be considered a comprehensive or final list. Future assessments or changing
patterns of development and land use may result in identification of new projects not considered here.
B. STRUCTURAL STORMWATER CONTROL PROJECTS
Impervious surfaces prevent rainwater and snowmelt from infiltrating to the soil column. Instead, water quickly
collects and moves across these surfaces to Gore Creek and its tributaries, resulting in a flashy hydrologic regime
(the timing and magnitude of high and low flows) and rapid transport of multiple pollutants from hardened
surfaces to streams and rivers (29, 32). Alteration of the creek’s natural hydrologic regime may similarly contribute
lasting negative effects to physical habitat structure and streambank stability. Reductions in water quality impacts
associated with runoff from impervious surfaces can be achieved through utilization of Low Impact Development
(LID) techniques and other Best Management Practices (30). These achieve the twin goals of volume and pollutant
reduction through use of a variety of devices and designs including: mechanical filters, bioretention ponds,
sediment traps, bioswales, oil-water separators, water quality vaults, and pervious pavers.
An analysis of impervious cover in the developed areas adjacent to Gore Creek reported impervious surface
fractions up to 45% of total land area (26). Large increases in impervious urban surfaces in the valley floor since the
1960’s likely provide a significant contributing driver of stream impairment, especially where hardened surfaces
are directly connected to the stream by stormwater systems. Historical engineering practices in the Town of Vail
focused on the removal of water from built areas as quickly as possible by piping it directly to natural conveyances
like Gore Creek. Recommendations provided in the GAP focus on opportunistic implementation of structural
BMPs that correct such approaches to stormwater control that, while effective at protecting infrastructure,
represent a problematic barrier to water quality protection and improvement. Specifically, recommended projects
disrupt direct connections between impervious areas and streams and/or reduce the volume of runoff and
pollutant loading delivered by stormwater systems.
Recommendations for stormwater control projects relied on analysis of aerial photographs and site visits to
characterize the relative size of drainage basins and land-use activities contributing runoff to various components
of the Town’s stormwater conveyance infrastructure. Proposed projects were located where they would treat as
much runoff as possible from impervious areas without being overwhelmed by the flow from large drainage basins.
Bioretention, sand filters and constructed wetlands filter and infiltrate stormwater runoff as well as provide some
biological uptake of pollutants and are considered the most effective treatment for stormwater runoff. These
were recommended as treatment BMPs wherever the site conditions appeared appropriate and adequate space
existed. Manufactured treatment BMPs (e.g. water quality vaults) were selected where space constraints required
a smaller project footprint. These may not be as effective as infiltration BMPs but do provide some mechanical
treatment provided regular maintenance and cleaning to keep them operating at their most effective level. Limited
site visits were conducted to evaluate specific design requirements for each project. Therefore, recommendations
provided here represent initial expectations for stormwater infrastructure needs and should not be considered a
comprehensive or final list. Future assessments or changing patterns of development and land use may result in
identification of new projects not considered here.
5. SITE SPECIFIC PROJECTS
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The GAP anticipates a lengthy, multi-step implementation process and recognizes that many of the specific recommendations included in Chapter 4 will require
discussion, study and/or funding approval to move forward. To aid in this process, the GAP provides a project prioritization scheme and recommendations for
the structure of a community advisory group that should assist the Town in considering and advancing projects in a systematic manner.
FORMATION OF A COMMUNITY ADVISORY GROUP
There is general agreement that effective management of local water resources requires an integrative and collaborative process engaging the greatest number
of entities possible. Collective involvement of a diverse stakeholder group 1) ensures that the programs implemented through the GAP positively impacts the
largest possible population, 2) ensures that diverse community interests are party to the development and implementation phases of the GAP, and 3) ensures
that benefits from GAP projects and programs are both maximized and sustainable. As such, implementation of this Plan included assembling a small, agile
community-based advisory group to assist the Town in achieving important restoration and protection goals. The group consisted of representatives from:
homeowner associations, county government, local businesses, special districts, and community organizations.
The advisory group supported the efforts of Town staff in fulfillment of the Goals. This group did not have fiscal oversight or the ability to make decisions on
behalf of the Town Council, PEC, or staff regarding budgeting or prioritizing actions for implementation. Activities of the advisory group included:
1. Screened recommended actions for political, social, financial, and logistical constraints. Specifically, the advisory group considered:
a. Project scope and costs – Is the project scope actionable and cost effective?
b. Ease or practicality of implementation action – Can the project be readily acted upon? Should implementation priority be
advanced due to unique circumstances (e.g. land ownership, access, timeliness of action)?
c. Leveraged opportunities - Are there other stakeholders? Is there volunteer potential? Are multiple owners championing
the action? Does the action enhance visibility of the greater restoration and protection effort within the community?
d. Pollution Reduction or Pathway Interruption - Does the project scope further the Plan’s strategic approach to water quality
improvements?
e. Potential for project success – Is our expected measure of success reasonable and does the project further the purpose of
the Plan?
2. Provided feedback to Town staff regarding implementation timelines for work to improve water quality.
3. Provided guidance for overcoming anticipated problems associated with specific recommended actions or groups of actions.
4. Provided a forum for Gore Creek stakeholders – including homeowner associations, schools, businesses, and community
organizations – to share opinions, expertise regarding local water quality challenges.
5. Championed the Goals of the Plan and provided political support for recommended actions
The advisory group should be reconvened annually to screen recommended actions and prioritization timelines. These forums represent ideal times to review
monitoring results that indicate progress made toward the Town’s water quality goals and objectives, or take public input on new issues or threats to Gore
Creek that could be further addressed by TOV and its partners (26). All advisory group activities should be coordinated and leveraged as a support tool for
projecting budgets. On certain occasions, Town staff may call on the advisory group or members of the advisory group to assist with solving specific problems
or implementing actions. For example, several vegetative restoration projects recommended by the GAP straddle several private properties. Implementation of
these actions may be harder to implement without the support of key community representatives. Finally, the long-term benefit associated with formation of an
advisory group takes form in the mentoring of future stewards who champion water quality protection through best management practices and preservation of
high value resources.
Ultimately, implementing actions of the GAP are decisions that rest with both Town Council and the Planning and Environmental Commission. The
aforementioned advisory group provided a sounding board to policy bodies for timely decision-making, and offered a more inclusive approach to evaluating
and prioritizing certain actions prior to adoption of this Plan. During implementation of the Plan’s various recommendations, the advisory group may also
serve as a direct means of communication with important stakeholders concerned or charged with the health, restoration and protection of the Gore Creek
watershed.
CHAPTER 5
Implementation, Budgeting
and Next Steps
154
Due to the complex nature of water quality impairments on Gore Creek, improvements in macroinvertebrate
community health will likely require a sustained effort that includes implementation of the greatest number of GAP
recommendations possible. It is difficult to predict with accuracy the magnitude of the expected water quality
benefit associated with any single action or group of actions recommended by this Plan. It is similarly difficult
to accurately predict the expected lag time between implementation and observed improvements. Predictive
uncertainty arises, primarily, from the wide array of nonpoint impairment sources present on Gore Creek. Despite
this uncertainty, some general guidance is provided here regarding the expected outcomes associated with the
recommendations for each of the five Strategies.
The process to develop GAP relied on a three-tier system to rank and prioritize recommended actions. Initially,
actions were prioritized by expected water quality effectiveness by a group of technical experts. Subsequently,
Town staff and local stakeholders considered the feasibility of implementing each recommended action based on
legal, socio-political or budgetary constraints.
Ranking recommendations according to the three Effectiveness Levels discussed below indicate the anticipated
impact of a proposed action on resolving water quality impairments:
Effectiveness Level 1: These actions likely have a significant and widespread effect on
water quality characteristics of Gore Creek and its tributaries.
Effectiveness Level 2: These actions likely have a strong or localized effect on water
quality characteristics of Gore Creek and its tributaries.
Effectiveness Level 3: These actions likely have a moderate or spatially limited effect
on water quality characteristics of Gore Creek and its tributaries.
Ranking recommendations according to the three Feasibility Levels discussed below indicate the anticipated
feasibility of a proposed action given a broad array of expected constraints:
Feasibility Level 1: These actions can be implemented relatively easily as they present
few constraints and/or are likely to meet little to no resistance within the community.
Feasibility Level 2: These actions will be moderately difficult to implement given the
presence of some local social, political, financial, or legal constraints.
Feasibility Level 3: These actions will be difficult to implement given significant local
social, political, financial, or legal constraints.
Evaluation of anticipated effectiveness and feasibility for all recommendations provided in the GAP help guide
Town officials toward implementation of the most productive set of actions for meeting stated Goals. Summing
effectiveness and feasibility rankings provided a prioritization system where the lowest scores indicate those
actions simultaneously expected to provide the greatest water quality improvements and present the lowest
barriers to implementation. Coupling expectations for the relative effectiveness of each recommendation with
the feasibility assessments presented here will help Town staff, elected officials, and members of the community
identify and implement the most practical and compelling actions first while building support for those actions with
more uncertain outcomes or requiring a greater degree of financial and/or political support.
RANKING AND PRIORITIZATION
Figure 5-1. Anticipated effectiveness and ease of implementation for recommendations listed under the various GAP Strategy areas.
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EDUCATION AND OUTREACH
Evidence suggests that water quality impairments in Gore Creek largely result from the cumulative
impact of individual attitudes, behaviors, and actions. The modification or cessation of particular
behaviors may have a near immediate impact on water quality conditions and can protect against
property loss to the creek. Therefore, education and outreach activities provide an important mechanism for rapidly
improving water quality in Gore Creek and its tributaries. Many education and outreach projects may be relatively
easy to implement because numerous organizations in the region (e.g. ERWC, American Rivers, CSU Extension)
express interest in partnering with the Town to develop the necessary materials and programs. Outreach activities
can improve understanding of the water quality issues at hand and promote acceptance of more controversial
development controls or land use management measures recommended by the GAP.
BEST MANAGEMENT PRACTICES
The Town of Vail develops, operates and maintains numerous facilities, roadways, and streamside
areas. The nature of the management practices used in each case determines the degree to which
the Town plays a role in increasing/decreasing local water quality risks. Some recommended BMPs
are relatively easy and inexpensive to implement, others will take more work and investment. However, efforts
made by the Town to optimize management activities add credibility to subsequent discussions about the need for
an improved regulatory structure for controlling water quality impacts. The lag time between implementation and
observed water quality improvements varies according to the BMP. Some BMPs recommended by the GAP aim to
reduce existing or potential pollutant loading and others focus on disrupting pollutant pathways. Those that focus
on pollutant load reduction will likely produce quicker water quality improvements than those that disrupt transport
pathways because pollutant reduction practices generally apply to greater land areas than efforts made to disrupt
pollutant transport at fixed locations across the watershed.
RULES AND REGULATIONS
The GAP recommends numerous changes to the Town’s development code. While this is an
important long-term strategy for combatting the types/patterns of development known to elevate
water quality risks, local geography and the fact that the Town is largely built out constrain the
short-term effectiveness of many recommended regulatory actions. Regulatory adjustments--such as increases to
stream setbacks--will not have an immediate effect. Instead, the implementation of these actions will help guide
future development and redevelopment so that community expectations regarding protections for water quality
are ultimately realized.
DATA COLLECTION AND RESEARCH
Collection of data and generation of information through ongoing research and analysis efforts
provides important context for understanding how the nature of water quality impairments
on Gore Creek changes through time in response to shifts in individual behaviors, land use or
management activities. In this way, data collection and research activities represent an important information
feedback loop that, while unable to affect water quality outcomes on its own, can help the Town prioritize and
implement actions anticipated to have the greatest positive effects.
SITE SPECIFIC PROJECTS
The interruption of pollution pathways may be effectively achieved through implementation of
streamside revegetation projects or installation of structural stormwater controls. While these
measures may be very effective at reducing pollution risks at specific locations and certainly play
an important role in improving conditions throughout the watershed, implementation of any individual project
may not produce measureable or immediate improvements in water quality. Therefore, site-specific projects
will produce the largest and most meaningful water quality improvements when implemented broadly at many
locations throughout the watershed.
Figure 5-2. Action items from each of the five strategy areas are interrelated and largely rely on successful education campaigns for successful implementation.
156
In light of the expected timeline associated with the Goals (i.e. Improvements in metrics of benthic
macroinvertebrate community health within a 10-year time frame) and the understanding that many
recommendations will require ongoing maintenance or management in addition to up-front costs, it is of critical
importance for Town staff to secure the long-term funding needed to successfully implement this Plan.
To aid in planning for implementation of the GAP, a rough budget required for responding to all recommended
actions is provided here. This budget reflects the order-of-magnitude cost estimates calculated for each
recommended action. Costs projections will, therefore, change as project priorities are adjusted or selected
recommended actions are eliminated from consideration following adoption of the Plan. In total, this Plan
represents a total investment of $7.6 million in program development, capital improvements and regulatory
changes, and another estimated 350,000 in recurring maintenance, program support and personnel costs.
The order of magnitude cost estimates provided should be utilized to inform the five-year financial project for all
funds affected, including the long-term capital improvements plan. Annual budgets (General, Capital, etc.) are
prepared by the Town and presented to Council by fund. Fund expenditures are divided into departments or
projects/programs, as may be assigned to particular division (i.e. Streets, Parks and Landscaping, Environmental
Health). These divisions are charged to carry projects and duties as assigned to them through yearly Department
work plans. Recommendations of this Plan will have certain implications on General Fund expenditures and
Special Revenue Funds—such as the Capital Projects Fund or Heavy Equipment Fund—in order to construct
recommended site specific projects, acquire new street sweepers, implement stormwater control measures, etc.
Plan adoption should also consider that new programs as presented herein will likely require additional human
resources, including personnel, to be funded by Town revenues or an allocation of resources from existing program
budgets.
At the time of adoption of this Plan, a number of Federal, State and private foundation grants and funding
opportunities were available to leverage Town investments in implementation of Plan actions. These funding
sources include the following:
• Freeport-McMoRan Charitable Giving Program
• Colorado River District Grant Program
• Colorado Parks and Wildlife Cooperative Habitat Improvements Program (CHIP)
• Colorado Parks and Wildlife Wetland Wildlife Conservation Program
• Colorado State Conservation Board Natural Resources Conservation Matching Grants
• Colorado Watershed Restoration Program
• EPA CARE Program
• EPA Clean Water State Revolving Fund
• EPA Targeted Watersheds Grant Program
• EPA Urban Waters Small Grants
• Great Outdoors Colorado Open Space Grants
• NRCS Wetlands Reserve Program
• Gates Family Foundation
• FishAmerica Foundation Conservation Grants
• Excel Energy Foundation
• Doris Duke Charitable Foundation
An additional list of potential funding sources is provided by the WQIP. Understanding that budgetary constraints
will likely limit implementation of numerous recommendations presented here, some effort was made to include
content and formatting that will promote straightforward modification of the GAP for proposals to any number of
granting sources. Details regarding several of the more likely sources of grant funding are provided below.
BUDGETING FOR ACTIONS
Figure 5-3. Anticipated costs for implementation of GAP recommend actions, broken out by Strategy area. Estimates represent the anticipated minimum costs of implementing actions. The magnitude of ongoing maintenance costs depends on decisions regarding the use of consultants, contractors, or Town of Vail staff for implementing best management practices, maintaining stormwater control facilities, etc.
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319 Nonpoint Source Program
The 319 Nonpoint Source Program specifically seeks to restore 303(d) listed waterbodies by addressing nonpoint
source impacts. Gore Creek’s impaired status and the distributed nature of stressors and pollutant sources make
it a likely fit for the program. 319 grants function through cost-reimbursements from the state and require at
least a 40% cash or in-kind match. Eligibility is tied to the completion of an EPA 9-element watershed plan; other
plans are accepted contingent on whether they comprise a clear and effective path to measurable improvement
in water quality. The GAP and related planning documents such as the WQIP and ERW Plan will likely fulfill this
requirement. Colorado employs a target basin rotation process and the 2015 target was the Upper and Lower
Colorado basins. Target basins receive favor during funding decisions but other basins are not precluded
from applying. In 2015, approximately $1 million was available in the pool, with no typical award size. Project
scopes are highly variable and judged primarily on ‘complete-ability’ rather than size. The 2016 application
announcement has not been made as of July 2015. Assuming timelines will be similar to past cycle, a funding
announcement will release in October with final application deadlines in early January.
Contact:
Lucia Machado
Lucia.machado@state.co.us
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Mail Stop: WQCD-R&P-B2
www.npscolorado.com
CDOT Transportation Alternatives Program (TAP)
The Federal Highway Administration and CDOT fund transportation alternative projects, including environmental
mitigation. These include pollution prevention and reduction projects and mitigation to address stormwater and
highway runoff, and vegetation projects in highway right-of-ways. Projects face a two-step vetting process and
must meet threshold criteria and competitive scoring criteria. Site Specific Projects located in the I-70 corridor
on Gore Creek should have little or no issues meeting the threshold criteria. Competitive scoring criteria include
environmental sensitivity, project readiness (preliminary engineering is complete), integration with existing plans,
and community documented support. Gore Creek projects outlined in GAP are likely to meet these with few
issues. The minimum request is $50K, with a required 20% local match of cash or cash-equivalent. CDOT will
release the next call for TAP funding projects in January 2016. During informal correspondence, CDOT Region 3
personnel have already expressed interest in partnering for potential projects in the Gore Creek corridor.
Contact
CDOT Region 3 Contact
Mark Rogers
970 683-6252
222 S. 6th Street, Room 317
Grand Junction, CO 81501
mark.rogers@state.co.us
CWCB Water Supply Reserve Account (WSRA)
The Water Supply Reserve Account is funded by state severance taxes and may be used, among other things,
for technical assistance, environmental compliance, studies and analysis of non-consumptive water projects and
structural or nonstructural water activities. Project scope is broad and funding requests are judged primarily on
individual merit. Funding request can be made to both the Colorado Basin Round Table (BRT) Account and the
Statewide Account. Eligibility is dependent on BRT approval and certain other criteria. In general, much of the
work outlined in the GAP has a high likelihood of eligibility, however, WSRA request guidelines promote a strong
bias for flow-related projects meeting identified gaps in environmental/non-consumptive water needs, with a
nexus to SWSI and Colorado Water Plan concerns. This may require a carefully articulated case for Gore Creek
restoration. Funds require at least a 25% cash or in-kind match. Statewide decisions are made in March and
September; Basin Account grants are made at bi-monthly board meetings.
Contact
Colorado Basin Round Table
Colorado River Water Conservation District
P.O. Box 1120
Glenwood Springs, CO 81602
970-945-8522
Chairperson: Jim Pokrandt
Colorado Watershed Restoration Grants
This program targets physical stream and watershed restoration projects statewide. Funds are available for
planning, engineering and technical needs for channel restoration, aquatic and terrestrial habitat improvement,
riparian restoration, and other categories. Gore Creek riparian restoration projects have a high likelihood of fitting
grant program goals. Funding levels vary, CWCB will release new guidance on projects and open applications in
August 2015.
Contact
Chris Sturm, CWCB
303-866-3441x3236
158
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GIS-based geomorphological approaches for riparian zone delineation using digital elevation models. Hydrology
and Earth System Sciences, 16(10), 3851-3862.
12) Gore Creek Water Quality Improvement Plan. (2013). Eagle River Watershed Urban Runoff Group, 423 p.
13) Hatt, B., Fletcher, T., Walsh, C., Taylor, S. (2004). The influence of urban density and drainage infrastructure on
the concentrations and loads of pollutants in small streams. Environmental Management Vol. 34:1 112-124.
14) Horner, R., Skupien, J., Livingston, E. and Shaver, H. (1994). Fundamentals of Urban Runoff Management:
Technical and Institutional Issues. Washington, D.C: Terrene Institute and EPA.
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Resources and Environmental Control, Division of Water Resources.http://www.dnrec.state.de.us/water2000/
Sections/Watershed/ws/trib_times_current.htm)
17) McDonald-Madden, E., Baxter, P., Fuller, R., Martin, T., Game, E., Montambault, J., Possingham, H. (2010).
Monitoring does not always count. Trends in Ecology and Evolution, 25:10.
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and Systematics, 28: 621-658.
19) Northwest Colorado Council of Governments. (2012). Water Quality Protection Standards, 21 p.
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Study, 2011. 10/17/2012.
21) Rees, D. Memo to Executive Director, Eagle River Watershed Council. Results from Benthic Macroinvertebrate
Study, 2012. 8/31/2013.
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Study, 2013. 8/10/2014.
23) Rees, D. Memo to Executive Director, Eagle River Watershed Council. Biomonitoring Results for Gore Creek/
Eagle River, Spring 2014. 10/14/2014.
24) Spooner, C. and G. Mallard. (2003). Identify Monitoring Objectives. “Seeking a common framework for water
quality monitoring” series edited by Robert C. Ward, Water Resources Impact. 5 (5), 11-13.
25) Stone, W., Gilliom, R., and Ryberg, K. (2014). Pesticides in US Streams and Rivers: Occurrence and Trends
during 1992–2011. Environmental science & technology, 48(19), 11025-11030.
26) Town of Vail. http://www.vailgov.com/. Accessed: 03/14/15.
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nonpoint source controls. Office of Water. EPA 841-B-96-004.
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Source Pollution from Urban Areas.
29) U.S. Environmental Protection Agency (EPA). (2015). Stormwater Management. http://www.epa.gov/
greeningepa/stormwater/. Accessed: 3/18/2015.
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32) Walsh, C., Fletcher, T., Ladson, A. (2005). Stream Restoration in Urban Catchments through Redesigning
Stormwater Systems: Looking to the Catchment to Save the Stream. Journal of the North American Benthological
Society, 24:3 690-705.
33) Weston, D., and Lydy, M. (2014). Toxicity of the insecticide fipronil and its degradates to benthic
macroinvertebrates of urban streams. Environmental science & technology, 48(2), 1290-1297.
34) Williams, C., Moore, J., and Richards, R. (2011). Assessment of surface-water quantity and quality, Eagle River
watershed, Colorado, 1947–2007: U.S. Geological Survey, Scientific Investigation Report 2011–5075, 139 p.
35) Wynn, K., Bauch, N., and Driver, N. (2001). Gore Creek watershed, Colorado assessment of historical and
current water-quantity, water quality, and aquatic ecology, 1968–98: U.S. Geological Survey Water-Resources
Investigations Report 99–4270, 72 p.
36) Zuellig, R., Bruce, J., Healy, B., Williams, C. (2010). Macroinvertebrate-based assessment of biological
condition at selected sites in the Eagle River watershed, Colorado, 2000–07: U.S. Geological Survey Scientific
Investigations Report 2010–5148, 19 p.
REFERENCES CITED
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Executive Summary 2013
Executive Summary
Introduction and Background
Gore Creek, in Eagle County, Colorado, is the primary source of
domestic water supply for the Town of Vail, and the local
community treasures its aesthetic, recreational, and economic
resource values. The 102 square mile Gore Creek watershed is
94% Federal land (White River National Forest) and encompasses
the Town of Vail, a major portion of the Vail Ski Area, highly
pristine areas in the Eagles Nest Wilderness, and a designated
Gold Medal trout fishery. Gore Creek and its tributary, Black
Gore Creek, run parallel to I‐70 for a distance of over 20 miles.
Due to its proximity to this major state and national
transportation corridor, the creek is highly visible and accessible
for fishing, hiking, boating, and other recreational pursuits.
Stakeholders have been conducting water chemistry and
biological monitoring in the Gore Creek and Eagle River
watersheds for over 20 years to track water quality and aquatic
health conditions. Recent studies of macroinvertebrate (aquatic
insect) communities have shown that the biological health of
Gore Creek is degraded based upon aquatic life use attainment
metrics recently adopted by the Colorado Water Quality Control
Commission (Policy 10‐1). In early 2010, Eagle River Basin
stakeholders formed the Urban Runoff Group (URG) and initiated
work on the Gore Creek Water Quality Improvement Plan (WQIP)
to guide the planning and implementation of measures to
improve stream health. URG participants include representatives
from Eagle County, the Towns of Vail and Avon, the Eagle River
Water and Sanitation District (ERWSD), the Vail Recreation
District, the Eagle River Watershed Council (ERWC), Vail Resorts,
and the Colorado Department of Transportation (CDOT). The
geographic scope of the WQIP includes Gore Creek from the
confluence of Black Gore Creek downstream to the Eagle River
with particular emphasis on the area through East Vail and
Vail Village above the confluence of Red Sandstone Creek.
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WQIP Purpose and Goals
The primary purpose of the WQIP is to identify management strategies and corrective actions to protect
and improve the biological integrity of Gore Creek as indicated by macroinvertebrate community
metrics. In 2012, Gore Creek was added to Colorado’s 303(d) List of impaired water bodies for aquatic
life use impairment, with a provisional qualifier indicating that the cause of impairment is unknown.
Development of specific management strategies and corrective actions to improve biological health,
requires an understanding of the aquatic life stressors that may be causing the impairment. The goals of
the WQIP, therefore, include the following:
compilation of water chemistry and biological information from previous studies;
thorough analyses of the data to better understand key stressors and identify the potential
causes of impairment;
identification of corrective actions needed to protect and restore stream health;
identification of additional data needed for further analysis of site‐specific stressors,
identification of water quality improvements, and tracking of water quality and biological
responses to corrective actions;
identification of options for funding and institutional arrangements to manage and coordinate
WQIP implementation; and
the focus of the WQIP could be adapted to meet the requirements of the State and EPA for a
Category 4b demonstration plan, which, if approved, would result in the removal of Gore Creek
from the State’s 303(d) List of impaired water bodies.
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Gore Creek Water Quality Improvement Plan E‐3
The WQIP has been prepared for URG participants and entities that are responsible for making the
resource management decisions that are necessary for protection and restoration of stream health in
Gore Creek and other Eagle River Basin stream segments. Information from the WQIP provides
direction and focus for implementation of specific corrective actions and management strategies, and it
identifies issues and potential water quality improvement measures that require further evaluation and
refinement. The WQIP also discusses institutional options for coordinated implementation of corrective
actions that could provide the framework needed to establish permanent funding sources needed to
support ongoing planning, design, implementation, and maintenance of water quality improvement
measures and programs. It will also serve as a reference document to support ongoing program
management and provide a template for planning and development of stream health improvements for
other stream segments in Eagle River Basin.
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WQIP Approach and Methodology
The first step in the planning process was the collection and compilation of data
needed to thoroughly characterize existing conditions in the Gore Creek WQIP study
area. This effort relied primarily on relevant existing information from previous studies
and monitoring programs in the watershed that have been conducted during the last 5
to 10 years. Data compilation was a cooperative effort involving multiple stakeholders
and included the following:
geospatial information including topography, aerial photography, land use, land
ownership, existing storm drainage infrastructure, riparian buffer zones and
wetlands;
biological data including fish, macroinvertebrates, and periphyton collected by
the Eagle River Water and Sanitation District (ERWSD), US Geological Survey
(USGS), US Forest Service (USFS), Colorado Department of Public Health and
Environment (CDPHE), and Colorado Parks and Wildlife (CPW);
water chemistry data collected by the ERWSD, USGS, USFS, CDPHE, and CDOT
(including new stormwater data collected in 2011 for this study);
reference information on stormwater best management practices (BMPs) and
low impact development (LID) methods;
information on water quality related educational programs from the Eagle River
Watershed Council (ERWC), ERWSD, Town of Vail, Eagle County, and Colorado
State University Extension; and
field observations generally following the Natural Resources Conservation
Service (NRCS) Stream Visual Assessment Protocol (NRCS, 1998).
The data summarized above was used to conduct detailed assessments of water
chemistry and biological conditions in Gore Creek and identify stressors. Based upon
the known stressors, corrective actions were identified and prioritized (high, medium,
and low) according to their potential to improve water quality and stream health
conditions.
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Data Analysis Results
The analyses of macroinvertebrate community composition, water chemistry data, and
field observations to determine the presence of biological stressors is summarized below.
Biological Conditions
Macroinvertebrates
o Macroinvertebrate Multi‐Metric Index (MMI) scores and other biological
indices for areas through upstream reference sites (above Vail), East Vail,
Vail Village, and the lower reaches of Gore Creek showed significant
stress compared with reference conditions found in Gore Creek above
Black Gore Creek and in Gore Creek tributaries.
o The most severely degraded biological conditions occur in the stream
reaches extending from Big Horn Park downstream to the Vail
Wastewater Treatment Facility (WWTF) outfall.
o The spatial pattern of degraded biological conditions and other types of
macroinvertebrate indices indicate stresses associated with urban
development and urban land use activities.
Periphyton (algae and other microorganisms that are attached to or in close
proximity to the stream bottom)
o Periphyton conditions in Gore Creek are highly variable from location to
location and from year to year due to the complex interaction of factors
including:
nutrient and sediment loading;
water temperature;
sunlight intensity;
streamflow patterns and scouring;
water velocity; and
grazing by aquatic insects.
o Studies conducted annually from 2004 through 2007 show an increase in
the invasive species Didymosphenia geminata in Gore Creek above the
wastewater treatment facility (WWTF).
o The filamentous green algae Cladophera glomerata is present in dryer
than normal years in Gore Creek above the Vail WWTF, and is the
dominant species found downstream of the Vail WWTF in dry and
average years.
o Clorophyll a monitoring results (attached algae) in Gore Creek at all sites
in most years were better than interim water quality criteria values
adopted by the Water Quality Control Commission.
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Gore Creek Water Quality Improvement Plan E‐6
Fish
o Results of a fish survey conducted by Colorado Parks and Wildlife in 2011
indicated healthy populations of sculpin, brown trout, brook trout, and
rainbow trout in Gore Creek above Red Sandstone Creek. The large
number of sculpin found at the East Vail and Nature Center sites
generally indicates good water quality conditions including high dissolved
oxygen, clean substrate, abundant food resources, and low trace metals
concentrations. (Note that macroinvertebrate community characteristics
are better indicators of biological diversity than fish.)
o The reach of Gore Creek, from the confluence of Red Sandstone Creek
downstream to the Eagle River, continues to exceed the minimum
requirements for Gold Medal fishery designation (12 trout > 14” per acre
and 60 lbs. of trout per acre). However, in Colorado, aquatic life use
attainment is based upon benthic macroinvertebrate metrics.
Water Quality Conditions
Gore Creek
o Water quality monitoring efforts over the last 10 years have generated a
large quantity of data for Black Gore Creek, Gore Creek above Black
Gore Creek, Gore Creek above the Vail WWTF and Gore Creek at the
mouth.
o Data analysis results indicate that Gore Creek is meeting all of the
applicable water quality standards and criteria, including those
established for protection of aquatic life use, for trace metals (e.g.,
cadmium, copper, lead, zinc, etc.), nutrients (e.g., total phosphorus and
total nitrogen), major ions (e.g., chloride, iron, etc.), and
physical/biological parameters (e.g., dissolved oxygen, pH, etc.). The
results of this analysis indicate that exceedances of chronic standards
for aquatic life use are not likely the cause of aquatic life use
impairment in Gore Creek.
o Gore Creek appears to be meeting the acute and chronic temperature
standards for aquatic life with the possible exception of minor
exceedances of the winter standards in early October immediately
following the shoulder season transition from the summer to the winter
standards. These exceedances would not adversely affect aquatic life,
and additional data is being collected to further evaluate temperature
conditions.
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Stormwater
o Stormwater data analysis indicated potential for rain event exceedances
of acute aquatic life standards for dissolved copper and chronic aquatic
life standards for copper, zinc, and total recoverable iron in Gore Creek
below Vail Village.
o Elevated chloride concentrations in Black Gore Creek and Gore Creek
during snowmelt events likely contribute to aquatic life stress. Recent
studies indicate that chloride may be more toxic to certain benthic
macroinvertebrates found in Gore Creek than previously believed.
o Stormwater impacts to Gore Creek in areas upstream from Vail Village
likely contribute to aquatic life stress but do not appear to be the primary
cause of impairment.
o Additional stormwater monitoring is needed to fully assess potential
stormwater impacts in Gore Creek particularly in areas through Vail
Village.
o It is important to note that stormwater samples were collected from
ditches and pipes that convey runoff directly to the stream. Sample
analyses did not include pesticides because the sampling dates did not
coincide with the period when these pollutants would likely be detected.
Key Aquatic Life Stressors
Field observations, combined with the data compilation and analyses outlined above and
the review of literature from other similar studies and research, indicate that biological
impairment in Gore Creek is caused by the cumulative impacts of multiple stressors. There
are three categories of stressors present in the study area that are well documented in the
literature as potential causes of aquatic health impairment: 1) riparian buffer degradation;
2) impacts of impervious cover and urban runoff; and 3) pollutants associated with land
use activities.
Riparian buffer degradation – Development in the Town of Vail is concentrated
along a relatively narrow 10‐mile long corridor extending from above the
confluence of Black Gore Creek to the western Town boundary near Dowd
Junction. In many areas development, landscaping, fill slopes, and roads, located
in close proximity to the stream, have caused the degradation or loss of natural
riparian buffer zones. Natural riparian buffers provide a variety of beneficial
water quality, hydrologic and habitat functions such as filtration of pollutants
from urban runoff, flood attenuation, alluvial aquifer recharge, enhancement of
baseflows, shading to reduce water temperature, and food chain support for
aquatic and terrestrial organisms. Other studies of streams similar to Gore Creek
have found that loss of the riparian vegetative buffer is a primary stressor
associated with macroinvertebrate impairment (EPA, 2006).
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Impacts of impervious cover and urban runoff – Impervious cover on
the landscape has been well documented as a useful indicator of
impacts on aquatic ecosystems. Impervious surfaces include roads,
paved parking lots, buildings, and sidewalks where water from
precipitation cannot infiltrate to the ground. Runoff from these areas is
conveyed directly to the stream via stormwater drainage channels,
pipes, and sheet flows. During runoff events, pollutants are quickly
washed off the impervious surfaces and rapidly delivered to the stream.
Previous studies have identified a strong relationship between the
impervious cover and negative impacts to water quality and biological
health, particularly when the impervious areas are within riparian
buffers and in close proximity to the stream (Cuffney et al., 2010; Coles,
et al., 2012; Washburn, et al., 2010). Through the Town of Vail, the
impervious cover, as a percentage of the area within the alluvial aquifer
(groundwater that is directly connected to the stream) boundary,
ranges from 12 % to 35% in east Vail and up to 45% in the Vail Village
area between Ford Park and Forest Road.
Pollutants associated with land use activities and urban runoff – The
adverse effects of pollutants in urban runoff on water quality and
aquatic health are well documented (EPA, 1999). Residential,
commercial, and light industrial land use activities including runoff from
construction sites in Vail, generate a variety of urban runoff
contaminants that are toxic to aquatic macroinvertebrates. These
contaminants include sediment, pesticides, fertilizers and other lawn
chemicals, de‐icers, trace metals, petroleum products, and other
organic materials. The toxic effects of many of these pollutants have
been extensively studied and are known with reasonable accuracy, and
the combined cumulative effects of multiple stressors are likely
synergistic.
An important consideration for development of corrective actions is that the key stressors summarized
above occur together in many areas along Gore Creek through Vail. Macroinvertebrate metrics,
however, indicate substantial biological degradation at the Big Horn Park, East Vail, and Ford Park sites,
which are minimally affected by land uses that are likely to generate substantial sediment, trace metals,
and other pollutants associated with stormwater runoff from construction sites and commercial and
light industrial land uses associated with higher percentages of impermeable land cover. It is therefore
more likely that key stressors affecting these areas are related to landscape maintenance activities
(pesticides, fertilizers and lawn care chemicals) de‐icer,s and potentially hydrocarbons, combined with
the loss of riparian buffer. Restoration of riparian buffer functions in East Vail would likely serve to
mitigate some of the impacts from landscape maintenance activities. However, the biological impacts of
I‐70 runoff are not well known. More study to determine the impact of de‐icers and hydrocarbons and
effective mitigation strategies is recommended.
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Corrective Actions
Information gleaned from data analysis and field surveys was used to develop detailed descriptions of
existing conditions that could affect water quality and stream health along Gore Creek. Two categories
of corrective actions were identified to address the key stressors. Site‐specific corrective actions involve
on‐the‐ground improvements, such as streambank stabilization or riparian buffer rehabilitation, while
programmatic corrective actions are to be implemented through public policy, regulatory, and
education programs. Corrective actions are summarized below and detailed in the WQIP report (Table
4.1) and corresponding reach characterization aerial photo maps.
Riparian buffer restoration and protection – there are many areas along Gore Creek where
natural riparian vegetation has been removed and/or replaced with urban landscaping and
structural modifications such as riprap, constructed stream banks, patios, lawns and/or other
landscaping features. Strategies to address these impacts, and protect areas where riparian
buffer functions have not been significantly impacted are listed below.
o Regulatory measures to protect areas where riparian buffer conditions are good, and
restore areas on Town of Vail property and private property that have been degraded.
o Education and outreach programs to inform governmental agencies, homeowners,
property managers, and landscape design and maintenance companies about the
importance of buffer protection and restoration.
o Site‐specific projects to improve and restore riparian buffer areas at many locations
have been identified. Additional work will be required to prioritize, design and
implement site‐specific projects. Voluntary and incentive programs will be needed to
encourage protection and restoration of riparian buffer areas on private lands.
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Managing impacts associated with impervious cover and urban runoff – the hydrologic and
water quality impacts associated with impervious cover are well documented.
o Regulatory strategies for addressing impervious cover and urban runoff include
development of stormwater infrastructure design standards that incorporate low
impact development (LID) and green infrastructure (GI) practices, and more stringent
construction stormwater permitting requirements for development activities that are
close to streams.
o Education and outreach programs are needed to inform local governmental agency
staff, developers, and property owners about regulatory requirements and new
approaches to selection of appropriate stormwater infrastructure and construction best
management practices (BMPs).
o 25 site‐specific stormwater infrastructure improvement projects were identified, but
additional information is needed to further evaluate, prioritize, and develop
specifications for these projects. More detailed information regarding the existing
stormwater infrastructure system is needed to determine potential contaminant
sources and to identify the most effective and highest priority BMPs (i.e., drainage
improvements, source treatment measures, and/or outlet controls).
o The Town of Vail already has a program in place for systematic inspection and
maintenance of stormwater infrastructure including street and parking lot sweeping and
periodic cleaning of water quality vaults. Work is currently underway to review, better
document, and further refine the Town’s inspection and maintenance programs.
o Monitoring programs – Additional stormwater monitoring is needed to better
understand stormwater impacts on Gore Creek and to provide baseline data for
evaluation of the effectiveness of stormwater infrastructure improvements.
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Measures to reduce and control pollutants associated with land use activities and urban runoff
including pesticides, fertilizers, illegal dumping, and de‐icers are summarized below.
o Regulatory measures – Adopt a formal Town of Vail Integrated Pest Management Policy
(IPM) that provides guidelines for application and management of pesticides and lawn
care chemicals. New regulations are needed to reduce or restrict/ban the use of
pesticides with known toxicity to aquatic life in all areas that are close to Gore Creek and
its tributaries. More aggressive enforcement of existing State and local regulations may
be required to further discourage illegal dumping.
o Education and outreach programs targeting local governmental agencies, homeowners,
property managers, landscape design and maintenance companies, pesticide
applicators, and others are needed to inform and educate people about the toxic effects
of pesticides, the Town of Vail IPM Policy, selection of appropriate products, and BMPs
for their use and application. In addition, all citizens should be encouraged to report
illegal dumping. Construction contractors and cleaning companies and their employers
need to be informed about proper disposal of waste products and the penalties for
illegal dumping.
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Prioritization of Corrective Actions
The corrective actions summarized above and detailed in the Gore Creek
WQIP involve programmatic management strategies including regulatory
measures, educational programs, maintenance programs, and site‐specific
projects to improve and restore riparian buffer zones and improve
stormwater infrastructure. The programmatic and site‐specific actions,
however, are interrelated because effective implementation of site‐
specific projects depends upon the concurrent implementation of many of
the policy and regulatory guidelines. The programmatic management
strategies, including the policy, regulatory, and educational programs
listed above, should therefore be considered very high priorities because
they provide the framework for more systematic and efficient
implementation of site‐specific water quality improvement projects.
Implementation of all of the corrective actions summarized above will
require substantial time and resources. It will therefore be desirable to
develop an adaptive management system for ongoing assessment and
prioritization of corrective actions over time as additional information
becomes available. This approach will facilitate the early implementation
of corrective actions that are most beneficial to stream health and most
cost effective. Chapter 6 of the WQIP provides additional details
regarding possible approaches and criteria for prioritization of water
quality improvement projects.
Monitoring to fill data gaps and measure results
As management programs and projects are implemented, there will be a
continuing need for water quality and biological monitoring to build on
previously collected data, fill data gaps, track water chemistry and
biological trends, and assess the effectiveness of water quality
improvement measures. These monitoring needs should be addressed
through the coordinated efforts of stakeholders under existing ongoing
monitoring programs and studies. Monitoring recommendations are
further discussed in Chapter 5 of the WQIP.
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Management strategies for program implementation and funding
Successful achievement of the water quality and stream health improvements in Gore Creek will require
a long‐term commitment of resources to program coordination and management. This could occur
through existing local agencies and organization or through the establishment of new institutional
arrangements. Either option will require a continuing source of dependable revenue. Program
implementation through existing agencies and organizations would require that various entities assume
responsibility and commit resources to program implementation. This approach would require
extensive cooperation and coordination between agencies, which could be achieved through
intergovernmental agreements (IGAs) and public/private partnerships. Establishment of a new agency
for program management (e.g. a stormwater utility) could occur through an existing entity such as the
Town of Vail or the ERWSD, or through the creation of a new agency such as a water activity enterprise,
a water and drainage authority, or an urban drainage and flood control regional service authority. These
options are described in Chapter 5 of the WQIP.
There are many potential sources of funding for stormwater projects, educational programs, watershed
management and riparian restoration projects. Most of these funding sources however are temporary
or based on individual projects and do not provide the stable source of revenue needed to meet long‐
term requirements for overall program management, implementation of projects, inspection and
maintenance, monitoring, etc.. Stakeholders must therefore consider potential long‐term funding
options such as taxes (e.g. real estate transfer tax), impact fees (from new development or
redevelopment projects), special assessments, service charges, cost‐sharing agreements, and other
options.
E‐13172
Executive Summary 2013
Gore Creek Water Quality Improvement Plan E‐14
Conclusions and Recommendations
The WQIP provides a thorough assessment of available information concerning water quality and
biological conditions in Gore Creek from the eastern Town of Vail boundary to the confluence of the
Eagle River. This assessment identified the key stressors that are the most likely causes of MMI scores
below the State established thresholds for healthy macroinvertebrate communities. Water quality
improvement measures, including regulatory, education, voluntary and incentive programs along with
site‐specific projects, have been identified for areas above Red Sandstone Creek. The WQIP also
provides preliminary recommendations for prioritization of programmatic and site‐specific water quality
improvement measures based upon field observations, data analysis and professional judgment of the
study team.
The WQIP does not, however, provide cookbook level details for implementation of the programmatic
and site specific water quality improvement measures that will be needed to protect and improve
stream health in Gore Creek. Previous studies of Gore Creek over the last 25 years have identified many
of the same stressors that were found in this investigation, and some of the WQIP programmatic
recommendations for water quality improvement measures have been previously suggested. Several of
these recommended water quality improvement measures have been implemented or are in the
process of being implemented. The WQIP builds on these previous studies by providing a focused
compilation of the information needed to thoroughly understand the known aquatic health stressors,
and based upon this information it identifies the programs and site specific projects needed to improve
aquatic health in Gore Creek. It also suggests management strategies and identifies entities that could
assume responsibility for WQIP implementation.
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Executive Summary 2013
Gore Creek Water Quality Improvement Plan E‐15
With the State’s adoption of the Aquatic Life Use Attainment Policy (Policy 10‐1) and the addition of
Gore Creek to the 303(d) List of impaired water bodies, there is regulatory impetus, public support, and
political will to move forward aggressively with water quality improvement programs and measures.
The Town of Vail has already started to implement regulatory and education programs to protect and
restore riparian buffer areas and to limit and better control the use of pesticides. Next steps should
include the following:
Use the guideline and recommendations in Chapter 6 to develop an action plan that identify and
further prioritize the site specific projects and regulatory actions identified in the plan with
emphasis on the East Vail area;
Continue to coordinate and fund planning and implementation efforts through the URG and the
ERWC;
Clarify and formalize the management framework needed for effective and coordinated WQIP
funding and implementation;
Continue efforts to formalize and adopt the policy and regulatory programs needed to guide and
implement site specific projects and actions such as improved management of the use of
pesticides and lawn care chemicals;
Opportunities for water quality improvements associated with new development and
redevelopment should be considered high priority in order to avoid increasing the need for
additional corrective actions in the future;
Continue and refine monitoring programs and implement new data collection efforts where
needed to learn more about potential biological stressors and to assess the effectiveness of
programmatic and site specific water quality improvement measures;
Consider additional studies to further investigate and understands the impacts of stressors such
as chemical deicers and pesticides;
Do not delay implementation of necessary water quality improvement measures pending
additional studies;
Consider using the upper reach of Gore Creek from the eastern town boundary to Bighorn Park
as a focus area for testing the effectiveness of WQIP programs and measures; and
Refine strategies and actions in response to the results of the actions listed above based upon
adaptive management principles.
Biological impacts associated with the combined stressors identified in the WQIP have evolved over a
period of many years and it may therefore take several years before significant and continuing
improvements can be observed. The WQIP could possibly be adapted to meet the requirements of the
State and EPA for a Category 4b demonstration plan, which, if approved, could result in the removal of
Gore Creek from the State’s 303(d) List of impaired water bodies prior to fully achieving the State’s
biological use attainment thresholds.
174
Prepared for:
Eagle River Water & Sanitation District
846 Forest Road, Vail CO 81657
970-476-7480 info@erwsd.org
Prepared by:
Lotic Hydrological
PO Box 1524, Carbondale CO 81623
970-903-7561 info@lotichydrological.com
Eagle River Water and Sanitation District
Gore Creek Watershed
Source Water Protection Plan
175
[Cover photo: East Vail Golf Course near the Vail municipal well field. Photo from Vail Recreation District]
Acknowledgments
ERWSD would like to thank all community members who provided input to this plan, as well as staff
from town of Vail, Eagle County, Colorado Department of Public Health and Environment, and the Eagle
River Watershed Council who provided feedback essential to providing a good result.
Signatures
This plan was developed using materials, guidance, and language provided by Colorado Department of Public Health
and Environment and the Colorado Rural Water Association’s Source Water Protection Plan programs, modified by
local partners where needed to address concerns and characteristics unique to the Gore Creek watershed and upper
Eagle Valley. This is a planning document and there is no legal requirement for any party to implement the
recommendations herein. Actions on public lands will be subject to federal, state, and county policies and
procedures. Action on private land may require compliance with county land use codes, building codes, local
covenants, and permission from the landowner.
This is intended as a living document Potential Sources of Contamination (PSOC) inventories were based on
information available to staff and stakeholders at the time of this planning process and should not be seen as a
definitive or unchanging characterization of drinking water threats and concerns in the Gore Creek Watershed. New
concerns may emerge and the relative risk associated with an individual PSOC or group of PSOCs may be subject to
continual change.
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Table of Contents
Executive Summary ....................................................................................................................................... 6
1 Introduction .......................................................................................................................................... 7
1.1 Purpose and need ......................................................................................................................... 7
1.2 SWAP program .............................................................................................................................. 8
1.3 Stakeholder and public participation ............................................................................................ 9
1.4 Existing plans and relation to source water protection .............................................................. 11
2 Source water setting ........................................................................................................................... 13
2.1 Hydrologic setting ....................................................................................................................... 13
2.2 Groundwater flow characteristics .............................................................................................. 15
2.3 Surface water characteristics ...................................................................................................... 16
2.4 Current and anticipated population demographics, growth, and demand ................................ 16
2.5 Drinking water system ................................................................................................................ 17
2.6 Surface water regulatory status .................................................................................................. 19
3 Source water risk assessment ............................................................................................................. 20
3.1 Source water protection area ..................................................................................................... 20
3.2 Potential sources of contamination ............................................................................................ 22
3.3 Contaminant prioritization ......................................................................................................... 24
4 Threats and contaminants review ...................................................................................................... 28
4.1 Interstate 70 ................................................................................................................................ 28
4.2 Wildfire........................................................................................................................................ 30
4.3 Dispersed residential chemicals use ........................................................................................... 33
4.4 Operational fuels and chemical storage ..................................................................................... 34
4.5 Riparian areas ............................................................................................................................. 37
4.6 Golf courses ................................................................................................................................ 38
4.7 Wellfield flooding ........................................................................................................................ 39
4.8 Permitted and Non-Permitted Dischargers ................................................................................ 39
5 Existing and recommended best management practices ................................................................... 40
6 Appendix ............................................................................................................................................. 47
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Figures and Tables
Figure 1. Colorado SWAP program cycles. .................................................................................................... 8
Figure 2. Hydrogeologic setting of the Gore Creek watershed. ................................................................. 13
Figure 3. Geologic setting for East Vail well field. ....................................................................................... 14
Figure 4. Conceptual view of groundwater flow in Gore Creek Valley… .................................................... 14
Figure 5. Typical water production volumes for ERWSD service area, 2018-2010. ................................... 17
Figure 6. ERWSD drinking water facility and distribution system schematic. ............................................ 18
Figure 7. Source water infrastructure in the Gore Valley… ........................................................................ 18
Figure 8. Clean Water Act sections 305(b) and 303(d) regulatory status. .................................................. 20
Figure 9. Source water protection sensitivity zone overview. .................................................................... 22
Figure 10. Groundwater sensitivity zones closeup map. ............................................................................ 22
Figure 11. Surface water sensitivity zone closeup map. ............................................................................. 22
Figure 12. Potential Sources of Contamination in the Gore Valley. ........................................................... 24
Figure 13. Truck incident heatmap.......... ................................................................................................... 30
Figure 14. Eagle County NO HARM Fireshed hazard ratings near Vail urban core. .................................... 32
Figure 15. Eagle County NO HARM fireshed hazard ratings for Black Lakes and upper Gore Creek. ......... 33
Figure 16. Locations of registered storage tanks. ....................................................................................... 36
Figure 17. Flooding risk to municipal wellfields. ......................................................................................... 39
Table 1. Stakeholder participation timeline for SWAP planning. ............................................................... 10
Table 2. SWPP steering committee. ............................................................................................................ 10
Table 3. SWPP community stakeholder list. ............................................................................................... 11
Table 4. Recent area plans with a significant nexus to source water protection planning. ....................... 12
Table 5. ERWSD groundwater infrastructure information. ........................................................................ 19
Table 6. Surface water rights held by ERWSD for Vail municipal source water. ........................................ 19
Table 7. Source water protection sensitivity zone definitions. .................................................................. 21
Table 8. Discrete (point source) contaminant source categories for source water assessments. ............. 23
Table 9. Dispersed (non-point source) contaminant categories for source water protection. .................. 23
Table 10. Probability of impact tiers describe the likelihood or frequency that a PSOC could impact water
sources within a 1 to 10-year time period. ................................................................................................. 24
Table 11. Severity level tiers describe how strongly a PSOC can impact drinking water sources. ............. 25
Table 12. Control levels describe the legal or technical ability of a water provider to address a PSOC. ... 25
Table 13. Risk exposure scoring matrix. ...................................................................................................... 25
Table 14. Risk scoring levels. ....................................................................................................................... 25
Table 15. Risk exposure levels matrix. ........................................................................................................ 26
Table 16. ERWSD drinking water sources risk ratings................................................................................. 27
Table 17. Resource Conservation and Recovery Act (RCRA) registered sites. ............................................ 37
Table 18. Permitted Dischargers……………………………………………………………………………………………….……………36
Table 19. Existing and recommended Best Management Practices (BMPs). ............................................. 46
178
Common Abbreviations and Definitions
Abbreviation Definition
BMP Best Management Practice
CDOT Colorado Department of Transportation
CDPHE Colorado Department of Public Health and Environment
CDWR Colorado Division of Water Resources
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act (i.e., "Superfund)
CORA Colorado Open Records Request
CPW Colorado Parks and Wildlife
CRWA Colorado Rural Water Users Association
ECO Eagle County
EPA, USEPA Environmental Protection Agency, United States Environmental Protection Agency
ERSWD Eagle River Water and Sanitation District
ERWC Eagle River Watershed Council
FEMA Federal Emergency Management Agency
GIS Geographic Information System
GVDWF Gore Valley Drinking Water Facility
GW Groundwater
GWUDI Groundwater Under Direct Influence (of surface water)
HAZMAT Hazardous Materials
ISDS Individual Sewage Disposal System
LPG Liquified Petroleum Gas
LUST Leaky Underground Storage Tank
MGD Million Gallons Per Day
MS4 Municipal Separate Storm Sewer System
NO HARM National Hazard and Risk Model (computer wildfire behavior model)
NPDES National Pollutant Discharge Elimination System
NPL National Priorities List
OWTS Onsite Waste Treatment System
PFAS, PFOA Per- and Polyfluoroalkyl Substances
PSOC Potential Sources of Contamination
RCRA Resource Conservation and Recovery Act
SCADA Supervisory Control and Data Acquisition
SCAP Sediment Control and Action Plan
SDS Safety Data Sheet
SDWA Safe Drinking Water Act
SWAP Source Water Assessment and Protection
SWPP Source Water Protection Plan
TOV Town of Vail
UERWA Upper Eagle Regional Water Authority
USFS United States Forest Service
USGS United States Geological Survey
VFD Vail Fire Department
VOC Volatile Organic Chemical
VRD Vail Recreation District
WQIP Water Quality Improvement Plan
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ERWSD SOURCE WATER PROTECTION
PLAN
Last update: February 2022
EXECUTIVE SUMMARY
Source water protection is a vital component to ensure Eagle River Water and Sanitation District
(ERWSD or “the District”) meets its mission to provide efficient, effective, and reliable water and
wastewater utility services in a manner that respects the natural environment. The District is located at
the top of the Rocky Mountains in Vail, Colorado, where the source water originates from snow that
accumulates throughout the winter. The District serves up to 60,000 residents and visitors in Eagle
County. The District strives to deliver high quality drinking water to its customers and has voluntarily
taken on a community effort to help prevent contamination of the source water that supplies its public
water system.
Preventing contaminants from entering a public water system supply benefits the community by
minimizing the problems that can occur from contaminants in the water supply such as increased health
risks to the public, expanded drinking water requirements, additional water treatment requirements,
and expensive environmental cleanup activities. The District chose to prepare its first Source Water
Protection Plan (SWPP) for the Gore Creek Watershed. This effort will be used as template for future
SWPPs for the District’s other water sources. This SWPP was developed by a Steering Committee and
stakeholders from the watershed to identify potential sources of contamination (PSOCs) and help weigh
in on overall risk levels and categories.
To ensure community involvement in development of the SWPP, the District reached out to many
different entities. These entities include stakeholders from Colorado Department of Public Health and
Environment (CDPHE), Colorado Department of Transportation (CDOT), Colorado Parks and Wildlife
(CPW), Colorado Rural Water Association (CRWA), Eagle County (EC), Eagle River Watershed Council
(ERWC), Vail Fire District (VFD), Town of Vail (TOV), Vail Health (VH), Vail Recreation District (VRD), Vail
Resorts (VR), and U.S. Forest Service (USFS). Best management practices will be implemented to
maintain high quality water and reduce the need for additional water treatment costs in the future.
The SWPP will be released to the public for comment. This Plan is a living document that is meant to be
updated to address any changes that will inevitably come. The Steering Committee will review this Plan
once every 3-5 years or if circumstances change resulting in the development of new water sources and
source water protection areas, or if new risks are identified.
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1 INTRODUCTION
1.1 PURPOSE AND NEED
Contamination of drinking water sources constitutes a serious threat to the health of local residents and
visitors, as well as the community’s tourist-driven economic engine. The District is conducting Source
Water Assessment and Protection (SWAP) planning for the Gore Creek watershed, which serves drinking
water to multiple communities in western Eagle County. This planning exercise delineates a community’s
source water contribution areas, identifies potential contaminants and threats, and contemplates actions
to address them via structural or programmatic Best Management Practices (BMPs). The District, in
conjunction with the Upper Eagle Regional Water Authority (UERWA), maintains and operates an
interconnected system of wellfields and surface intakes in the Gore Creek and Upper Eagle River
watersheds that serves Vail, Avon, Edwards, and associated unincorporated communities like EagleVail,
Beaver Creek, and Cordillera. This plan’s primary focus is on the Gore Creek ground and surface water
collection systems.
Pre-empting drinking water source contamination through sound planning and land use decision making
provides a more prudent, sustainable, and cost-effective solution to protection than reactive post-
contamination event correction and mitigation efforts.
Through source water planning, the District strives to:
Increase community awareness, water literacy, and social capital networking relationships for
drinking water protection,
Reduce risks of existing drinking water contamination and costly water source replacement,
Reduce future treatment costs,
Reduce threats from emerging contaminants,
Encourage voluntary solutions to mitigate pollution risks, and
Cultivate smart growth relationships between development and water resources.
Desired outcomes of the planning effort include:
Increased stakeholder water fluency,
Improved communication channels between watershed stakeholders who impact drinking water
sources,
Creation of prioritized Best Management Practices (BMPs) and recommended actions to improve
or create new source water protections,
Identification of funding sources or local support for funding sources for source water BMPs, and
Ongoing periodic dialogue assessing progress on source water BMP implementation and new or
changing potential sources of contamination.
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1.2 SWAP PROGRAM
CDPHE provides a collection of resources for SWAP planning at https://cdphe.colorado.gov/swap. The
following background information on the SWAP process is provided directly from the state’s template
available online.
SWAP came into existence in 1996 as a result of Congressional reauthorization and amendment of the
Safe Drinking Water Act. The 1996 amendments required each state to develop a SWAP program. The
Water Quality Control Division, an agency of the CDPHE, assumed the responsibility of developing
Colorado’s SWAP program. The SWAP program was integrated with the existing Colorado Wellhead
Protection Program that was established in amendments made to the federal Safe Drinking Water Act
(SDWA, Section 1428) in 1986. Wellhead protection is a preventative concept that aims to protect public
groundwater wells from contamination. The Wellhead Protection Program and the SWAP program have
similar goals and combine protection efforts in one merged program plan.
Colorado’s SWAP program is an iterative, two-phased process (Figure 1) designed to assist public water
systems in preventing potential contamination of their untreated drinking water supplies. The two phases
include the Assessment Phase and the Protection Phase as depicted in the upper and lower portions of
Figure 1, respectively.
Source Water Assessment Phase
As depicted in the upper cycle of Figure 1, the Assessment Phase for all public water systems consists of
four primary elements.
1. Delineating the source water assessment area for each drinking water source;
Figure 1. Colorado SWAP program cycles show how the ongoing assessment and
protection phases work together. Graphic from CDPHE.
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2. Conducting a contaminant source inventory to identify potential sources of contamination within
each of the source water assessment areas;
3. Conducting a susceptibility analysis to determine the potential susceptibility of each public
drinking water source to the different sources of contamination; and
4. Reporting the results of the source water assessment to the public water systems and the general
public.
The Assessment Phase involves understanding where Vail’s source water comes from, what contaminant
sources potentially threaten the water source(s), and how susceptible each water source is to potential
contamination. The susceptibility of an individual water source is analyzed by examining the properties of
its physical setting and potential contaminant source threats. The resulting analysis calculations are used
to report an estimate of how susceptible each water source is to potential contamination.
Source Water Protection Phase
The Protection Phase is a voluntary, ongoing process in which the District and local partners are
encouraged to voluntarily employ preventive measures to protect their water supply from the potential
sources of contamination to which it may be most susceptible. The Protection Phase can be used to take
action to avoid unnecessary treatment or replacement costs associated with potential contamination of
the untreated water supply. Source water protection begins when local decision-makers use the source
water assessment results and other pertinent information as a starting point to develop a protection plan.
As depicted in the lower portion of Figure 1, the source water protection phase for all public water systems
consists of four primary elements.
1. Involving local stakeholders in the planning process;
2. Developing a comprehensive protection plan for all drinking water sources;
3. Implementing the protection plan on a continuous basis to reduce the risk of potential
contamination of the drinking water sources; and
4. Monitoring the effectiveness of the protection plan and updating it accordingly as future
assessment results indicate.
The District and the community recognize that the Safe Drinking Water Act grants no statutory authority
to CDPHE or to any other state or federal agency to force the adoption or implementation of source water
protection measures. This authority rests solely with local communities and governments. Since the
source water protection phase is an iterative process, ongoing evolutions of the SWAP program will aim
to incorporate any new assessment information provided by the public water supply systems over time
and update protection plans accordingly.
1.3 STAKEHOLDER AND PUBLIC PARTICIPATION
The District initiated a stakeholder process during preliminary plan development to provide local partners
with an understanding of the purposes and goals of SWAP and solicit input and feedback. Due to the
unexpected impact of the COVID-19 pandemic on businesses and governments during 2020, meeting
schedules required shifts online formats, cancellations, or postponement, reducing or altering stakeholder
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interactions from the levels and occasions originally anticipated. Table 1 describes milestones in the
process.
Date Meeting Subject
03/2020 Steering committee planning
06/2020 Stakeholder introduction and PSOC inventories
09/2020 Stakeholder PSOC review
12/2020 Steering committee draft plan review and comments/feedback
05/2021 Stakeholder draft plan review and comments/feedback
10/2021 Final plan release to public
Table 1. Stakeholder participation timeline for SWAP planning.
Source Water Protection Steering Committee
The District is the primary drinking water provider for Vail. The District is also the contract provider to the
UERWA for water operations and management services to communities in eastern Eagle County including
EagleVail, Avon, Edwards, Arrowhead, Cordillera, Berry Creek/Singletree, and Beaver Creek/Bachelor
Gulch. ERWSD is undertaking source water protection planning for Vail and the Gore Creek Watershed in
order to proactively safeguard local water supplies. TOV, ERWC, and Lotic Hydrological are participating
in the District’s steering committee to organize the process and collect stakeholder feedback, prepare
inventories, and publish and promote the final plan (Table 2). Additional stakeholder participants who
have attended one or more program meetings and provided feedback and potential sources of
contamination (PSOC) inventories are listed in Table 3.
Name Organization
Leah Cribari Eagle River Water & Sanitation District
Kailey Rosema Eagle River Water & Sanitation District
Peter Wadden Town of Vail
Bill Hoblitzell Lotic Hydrological (project consultant), ERWC Liaison
Table 2. SWPP steering committee.
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Name Organization
John Duggan Colorado Department of Public Health and Environment
Kristen Hughes Colorado Department of Public Health and Environment
Jenn Klaetsch Colorado Department of Transportation
Karen Berdoulay Colorado Department of Transportation
Devin Duval Colorado Parks and Wildlife
Kendall Bakich Colorado Parks and Wildlife
Paul Hempel Colorado Rural Water Association
Eric Lovegren Eagle County
Maureen Mulcahy Eagle County
Morgan Hill Eagle County
Andrew Kirsch Eagle River Water & Sanitation District
Brad Zachman Eagle River Water & Sanitation District
Kailey Rosema Eagle River Water & Sanitation District
Leah Cribari Eagle River Water & Sanitation District
Siri Roman Eagle River Water & Sanitation District
Travis Young Eagle River Water & Sanitation District
Kate Isaacson Eagle River Watershed Council
Bill Hoblitzell Lotic Hydrological
Mark Novak Vail Fire & Emergency Services
Paul Cada Vail Fire & Emergency Services
Peter Wadden Town of Vail
Timothy Ivancich Vail Health
Scott Todd Vail Recreation District
Doug Workman Vail Resorts
Jeff Babb Vail Resorts
Melvin Woody White River National Forest
Table 3. SWPP community stakeholder list.
1.4 EXISTING PLANS AND RELATION TO SOURCE WATER PROTECTION
A number of prior plans for the Gore Creek watershed have a significant nexus with this plan. However,
each has differing goals and purposes. Table 4 provides a brief summary of local planning efforts that
are relevant to the SWAP context:
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Plan Summary
2013 Gore Creek Water
Quality Improvement
Plan
Gore Creek was provisionally placed on the 303(d) list and designated with
impaired water quality by CDPHE. The Gore Creek Water Quality Improvement
Plan (WQIP) conducted new water quality investigations and summarized
existing research detailing the probable causes of impairments to aquatic
macroinvertebrates in Gore Creek. The plan concluded that riparian buffer
degradation, runoff from urban impervious surfaces, and land use practices are
the primary drivers of aquatic life stress in Vail. Corrective actions are proposed.
This plan is focused on improving instream water quality for aquatic life such as
macroinvertebrates and cold water fisheries.
2014 Gore Creek Strategic
Action Plan
The action plan developed a toolbox of actions and roadmap for the Town of
Vail to address the causes of water quality impairment identified by the
WQIP. Actions included a suite of BMPs, regulatory options,
education/outreach, research, and restoration projects to improve in -stream
conditions. This plan is focused on improving instream water quality for
aquatic life such as macroinvertebrates and cold water fisheries.
2019 Wellhead Protection
Plan
ERWSD created a Gore Creek Watershed wellhead protection plan to identify
contributing areas to its municipal groundwater wells. The outputs of this
plan provide a component of the source water protection area delineation for
this plan. This plan is focused on protecting human drinking water sources.
Vail Community Wildfire
Protection Plan
This plan was developed to guide the Town of Vail in efforts to increase
community resiliency to catastrophic forest fires. The plan created goals,
strategies, and actions including fuels reduction in the urban-wildlands
interface.
I-70 Spill Response Plan
This plan provides direction for coordinated actions by CDOT, Colorado State
Patrol, Town of Vail, Vail Fire, and ERWSD in the event of a hazardous spill
incident on the highway.
Table 4. Recent area plans with a significant nexus to source water protection planning.
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2 SOURCE WATER SETTING
2.1 HYDROLOGIC SETTING
Within the greater Gore Creek Watershed, the Town of Vail and US I-70 fill the lower Gore Valley. It is a
narrow subalpine valley on the southwest slope of the Gore Range mountains. The valley was scoured out
by glacial activity to approximately the eastern edge of the current Vail Village area near Ford Park, then
the valley bottom was filled with outwash alluvium and the valley margins were subsequently overlain
with additional colluvial landslide and alluvial fan deposits (Figure 2, Figure 3, Figure 4). Municipal wells
in Vail source their water in this valley-fill quaternary alluvium, comprised of coarse sand and gravel
deposits. The aquifer is unconfined and may range from 100-200 feet in thickness near the East Vail
wellfield, and 50-100 feet in West Vail. ERWSD also maintains surface diversion rights at the mouth of the
upper Gore Creek subwatershed. This subwatershed drains steep high-elevation zones from 9,000-13,000
feet with a combination of forested, tundra, and barren land cover. Geologies are dominated by
crystalline/granitic formations with low weathering rates that produce surface runoff of high quality and
low dissolved solids. Runoff is often turbid during spring snowmelt for a period of several weeks.
Alluvial aquifer properties in the Gore Valley are heterogeneous, with interbedded formations of
unconsolidated sediments from the various periods of glacial outflow and retreat, and more recent
depositionary events. The migration of Gore Creek’s channel laterally across the valley bottom over time
likely added further complexity, depositing localized zones of sand, clay, and gravel that may variously
increase or impeded groundwater movement within the valley floor. Buried paleo channels may create
Figure 2. Hydrogeologic setting of the Gore Creek watershed.
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preferential flow paths that increase or decrease subsurface flow rates in some locations and create
localized zones of increased base flow recharge or groundwater infiltration to and from Gore Creek
surface flows. Hillslope bases and alluvial fans of low order perennial tributaries (i.e., Booth, Bighorn,
Pitkin, Spraddle, Middle, Red Sandstone, and Mill Creeks) and other smaller lateral drainages (i.e., East
Vail Chutes) may provide local zones of increased recharge rates and increased aquifer thickness where
the unconsolidated fan formations overlay the valley bottom alluvium.
Figure 3. Geologic setting for East Vail well field.
Figure 4. Conceptual view of groundwater flow in Gore Creek Valley. Tilted oblique aerial view for East Vail well
field geologic setting, looking west.
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2.2 GROUNDWATER FLOW CHARACTERISTICS
Aquifer recharge occurs through direct precipitation and surface water infiltration from Gore Creek
mainstem during spring runoff, hillslope runoff, and tributary alluvial fans. Upper elevations of the Gore
Valley receive around 40 inches of precipitation each year, mostly in the form of snow between October
and April, with the valley floor receiving significantly less. During snowmelt runoff from April to July,
swollen creeks reach bankfull levels and may overtop locally unconfined floodplains, raising local water
tables and seasonally reversing groundwater head gradients from the stream channel laterally towards
the floodplain in localized areas. During the majority of the year including baseflow periods, Gore Creek
is understood to be a gaining stream, with groundwater head gradients moving towards the creek and
down-valley. Valley slopes in the vicinity of the well fields are westward, ranging from 1.1% to 4% based
on measurements between index contours on the USGS 7.5 minute East Vail quadrangle. Groundwater
flow is assumed to follow a subdued contour of the land surface. In the Gore Creek alluvium, flow follows
both a dominant westward trend with valley slope, with localized flows also trending towards the open
stream channel during periods of elevated water tables in the spring.
A modelling study analyzing the potential for aquifer recharge to augment Gore Creek baseflows found
that 80 to 90% of well-injected water volumes in East Vail during baseflow periods were likely reach the
stream in a little over 3 weeks.1 This does not imply that the reverse travel time from surface water to the
well is equally likely, rather, it just provides context to understand that hydraulic conductivities in the Gore
Valley alluvium are relatively high, and the potential for relatively rapid contaminant transport (weeks to
months) in the aquifer exists. A very particular set of hypothetical hydrologic circumstances would need
to occur to strongly promote rapid surface water transport from Gore Creek towards wellheads (i.e., very
high pumping rates during very low baseflow conditions), and even in these circumstances, total
contaminant load is likely to minimal, as most surface water will rapidly flush downstream. Additional
more-recent work to understand whether municipal well sources should be classified as Groundwater
Under the Direct Influence (GWUDI) of surface found that the municipal wells were not directly under the
influence of Gore Creek surface waters. CDPHE-required GWUDI studies aim specifically to understand
whether well locations are susceptible to contamination from water-borne pathogens and turbidity,
which has important bearing for the type of treatment processes a water provider will then need to apply
to raw well water. The timeframes for well water connections to surface water considered in GWUDI
studies (days to weeks) establish a much different assessment context timeframe than what is considered
a short term risk in the SWPP context (months to several years).
Little data exists regarding static groundwater elevation levels in the wellfield zone across seasons, years,
and valley locations. ERWSD has records from recent periods that could be compiled and organized into
an analytical dataset in the future. CDWR’s Colorado Decision Support System maintains online database
records including water levels in some wells. Water level measurements from July of 2003 were available
for wells R7, R6, R1, WV7, and WV8. Water level depths below land surface varied between 7 and 20 feet,
with a mean depth of 14 feet in East Vail and 12.7 feet in the West Vail well zone. The shallow water table
1 Hydrosphere Resource Consultants. 1997. Aquifer Storage and Recharge Feasibility Study. Memorandum from Bob
Weaver/Hydrosphere Consultants to L Schorr and J McNeil/Alpine Engineering regarding study resorts.
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depths and unconfined nature of the alluvial aquifer indicate that risks from direct surface contamination
for the Gore Valley are present.
2.3 SURFACE WATER CHARACTERISTICS
Gore Creek drains a high elevation watershed of approximately 100 square miles on the western side of
the Continental Divide. Approximately 55-60% of the watershed area is potential tributary recharge to the
alluvial zone around the District’s primary municipal wellfield in East Vail. The District’s auxiliary surface
water intake near the Gore/Black Gore Creeks confluence receives surface flows only from the upper Gore
Creek subwatershed above the USFS campground in East Vail, draining 15 square miles or approximately
14% of the total Gore Creek Watershed. Interstate 70 parallels Black Gore Creek and Gore Creek for its
entire length through the Gore Valley, at times running within tens of meters of Gore Creek.
USGS station 09065500 “Gore Creek at Upper Station Near Minturn” has reported real time data since
1986 and annual statistics beginning in 1948. For the period of record at this site, annual mean flow is
29.6 cubic feet per second (cfs), with annual mean flow range of 13.7 to 29.6 cfs. In low flow years, base
flows (as characterized by the lowest daily mean and annual 7-day minimum) may reach as low as 1.10
and 1.22 cfs respectively.
Gore Creek is a snowmelt-driven system, typical of the southern Rocky Mountain physiographic province.
Snow accumulates in high elevation storage from October until May most years, then runs off during late
spring and early summer in a pronounced peak flood period. High flows at station 09065500 usually hit
100-500 cfs and typically occur in early to mid-June, receding throughout the summer into early fall. Base
flows occur in fall and winter and are commonly < 10 cfs. The lowest monthly mean flow at this USGS site
(3.01 cfs) for the period of record is in February. Stream areas near the District’s surface diversion intake
may completely ice over during mid-winter periods.
2.4 CURRENT AND ANTICIPATED POPULATION DEMOGRAPHICS, GROWTH, AND DEMAND
The Town of Vail’s estimated residential population from the 2018 U.S. Census is approximately 5,400
residents within its 4.5 square mile municipal boundary. Daily worker influx by western commuters
arriving from Avon to Gypsum swells this by several thousand. During peak tourism occupancy periods,
local population is estimated to approach 29,000 at times, creating widely varying needs for water and
sanitation services. Full time residences combine with second homes for an estimated service demand of
10,500 Single Family Equivalents (SFE). Current projected buildout totals are near 13,600 SFEs. Drinking
water supply services for Town of Vail are closely interconnected with additional system infrastructure of
the Upper Eagle Regional Water Authority (UERWA) serving the western valley communities including
EagleVail, Avon, and Edwards. Average District demand in the 2018-2020 period has been 2.4 million
gallons per day (MGD) with a peak demand reaching 5.3 MGD (Figure ). As valley buildout continues,
average system demand is projected to rise to 3.6 MGD and peak demand to 8.2 MGD.
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Figure 5. Typical water production volumes for ERWSD service area, 2018-2010.
2.5 DRINKING WATER SYSTEM
The Gore Valley component of source water for ERWSD’s drinking water system is primarily comprised of
two dispersed wellfields east and west of the urban core. Both wellfields lie in relatively shallow (50-200
feet) deposits of glacial alluvium adjacent to Gore Creek. Water quality at groundwater well sources is
very good, requiring little additional treatment. Disinfection, fluoridation, and corrosion control chemicals
are added prior to distribution. Water is pumped to a series of reservoir tanks above the valley floor where
it is then gravity fed to the service area. Individual well characteristics can be found in Table 5. ERWSD
groundwater infrastructure information. The District also maintains an additional surface water right and
diversion structure on Gore Creek above the confluence of the Black Gore Creek that is capable of
diverting to the East Vail treatment facility (See surface water rights information in Table 6). Gore Creek
is a third order (Strahler) stream draining from Vail Pass and the southwest slopes of the Gore Range. The
entire ERWSD drinking water distribution system is connected to the UERWA distribution system near
Gore Creek’s mouth at Dowd Junction. Water sourced in the Gore Valley may be utilized downstream in
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western communities like Avon and Edwards. Treated water may also be pumped in reverse from the
Avon area upgradient into the Vail area distribution system.
Figure not Included in Public Version of Document
Figure 6. ERWSD drinking water facility and distribution system schematic.
Figure 7. Source water infrastructure in the Gore Valley including wells, diversion structures, and major storage locations.
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CDWR Structure Well Drilled Depth
Casing
(in)
Permitted
Flow rate
(gpm)
Current
Production
Capacity
(gpm)
VVCWD WELL NO R-1 R1 Jan-79 103 9 700 475
VVCWD WELL NO R-2 R2 Nov-94 150.5 18 1800 2300*
VVCWD WELL NO R-4 R4 Jun-92 202 16 800 725
VVCWD WELL NO R-6 R6 Mar-83 125 12 650 2300*
VVCWD WELL NO R-7 R7 May-86 180 16 2400 2100
WEST WELL 7 WV7 Sep-96 68 12 400 400
WEST WELL 8 WV8 Dec-07 68 12 120 115
*Current production capacity for wells R2 and R6 is combined.
Table 5. ERWSD groundwater infrastructure information.
CDWR Structure
Absolute
Rate, cfs
Conditional
Rate, cfs
VAIL WTR & SAN GORE INTK 2 2
Table 6. Surface water rights held by ERWSD for Vail municipal source water.
2.6 SURFACE WATER REGULATORY STATUS
Several stream segments in Vail’s source water basin are currently identified with water quality
impairments. Segment COUCEA06_H, Black Gore Creek from Black Lakes to Miller Creek, is impaired for
arsenic and aquatic life use (macroinvertebrates) and Segment COUCEA06_G from Miller Creek to the
confluence with mainstem Gore Creek for arsenic and sediment. Ambient arsenic levels are likely driven
by natural geologic weathering and soils sources, while sediment impacts stem from I-70 winter
maintenance and traction sand application. Segment COUCEA08_A, the mainstem of Gore Creek between
the confluence with Black Gore Creek and the Eagle River, is classified as impaired for arsenic and
provisionally impaired for aquatic life use. Investigations into factors impacting aquatic life on this reach
have identified urban runoff, loss of riparian vegetation buffers, and landscaping practices and treatments
as primary drivers of community stress to aquatic bugs.2 Sediment and salinity impacts from I-70 and the
Black Gore watershed may play an additional role. Tributary segments to Gore Creek in assessment unit
COUCEA06_E including Mill Creek and Red Sandstone Creek have also been listed for arsenic, presumably
from natural background sources. A map of these stream segments can be found in Figure 8. Town of Vail
has invested significant financial resources in cooperation with the District and Eagle River Watershed
Council in recent years via the Restore the Gore3 program to address impairments to Gore Creek including
restoration of riparian areas, stormwater system improvements, resident and business
outreach/education campaigns, and continued macroinvertebrate monitoring.
2 Leonard Rice. 2018. Gore Creek Water Quality Improvement Plan. Prepared for Eagle River Watershed Council .
http://www.erwc.org/research/gore-creek-water-quality-improvement-plan-wqip/
3 https://lovevail.org/programs/gore-creek/
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Figure 8. Clean Water Act sections 305(b) and 303(d) regulatory status.
3 SOURCE WATER RISK ASSESSMENT
3.1 SOURCE WATER PROTECTION AREA
ERWSD relies primarily on the East Vail alluvial wellfield for municipal drinking water supply in Town of
Vail. Additional smaller wellfields in West Vail and the ability to pump from the UERWA system at Dowd
Junction provide auxiliary supplies and system redundancy. A surface diversion intake on Gore Creek
above the East Vail neighborhood provides a seldom-used backup source in the event that primary
supplies are compromised, or emergency demand is needed. After reviewing protection delineation
methods described by the state in its SWAP program as well as existing plans for neighboring communities
and peer communities elsewhere in Colorado, a hybrid method was chosen to delineate protection areas
for both the wellheads and the surface water intakes.
Wellheads received a three-zone protection overlay, while surface water intakes received a two-zone
protection overlay (Table 7, Figure 9).
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Sensitivity zones
Zone Groundwater Surface Water
1: Very Sensitive 500’ radius around wellheads
75’ buffer on either side of Gore
Creek from diversion location to
Eagle’s Nest Wilderness boundary
2: Sensitive 2.5 year estimated travel distance
in alluvial aquifer
Upper Gore Creek watershed,
excepting portions in zone 1, from
diversion location to watershed
divide
3: Less Sensitive 5 year estimated travel distance in
alluvial aquifer --
Table 7. Source water protection sensitivity zone definitions.
GW Zone 1: Very sensitive. 500’ buffer around wellhead; considered very sensitive due to unconfined
aquifer conditions.
GW Zone 2: Sensitive. Approximate 2.5-year time of travel (TOT). Considered less sensitive, but significant
risk for contamination by recalcitrant or persistent groundwater pollutants such as fuels or organochlorine
chemicals. Travel time distances were conservatively modeled during wellhead protection planning using
the Environmental Protection Agency’s (EPA) WhAEM software and a variety of aquifer conductivity
scenarios. 4 Groundwater in this zone generally moves from the valley margins and hillslopes towards the
Gore Creek centerline, and from east to west downslope on the Gore Valley axis. Although groundwater
is assumed to follow a subdued replica of surface topography in alluvial deposits, subsurface preferential
flow paths from paleo channels and other geomorphic forms are likely to exist, making accurate mapping
and travel time estimation difficult.
GW Zone 3: Less sensitive. Approximate 5-year time of travel (TOT). Considered even less sensitive, but
some risk may still exist for contamination by recalcitrant or persistent groundwater pollutants. Travel
time distances were conservatively modeled during Wellhead Protection Planning using EPA’s WhAEM
software and a variety of aquifer conductivity scenarios. Groundwater in this zone generally moves from
the valley margins and hillslopes towards the Gore Creek centerline, and from east to west downslope on
the Gore Valley axis. Although groundwater is assumed to follow a subdued replica of surface topography
in alluvial deposits, subsurface preferential flow paths from paleo channels and other geomorphic forms
are likely to exist, making accurate mapping and travel time estimation difficult.
SW Zone 1: Sensitive. 75’ buffer on either side of Gore Creek extending from the surface intake to the
Eagles Nest Wilderness boundary.
SW Zone 2: Less sensitive. Gore Creek subwatershed upstream of surface intake to watershed boundary.
4 Kraemer SR and Haitjema HM. 2018. Working with WhAEM. Demonstration of Capture Zone Delineation for a City
Wellfield in a Valley Fill Glacial Outwash Aquifer for Wellhead Protection. EPA/600/B-18/089
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Figure not Included in Public Version of Document
Figure not Included in Public Version of Document
Figure 11. Surface water sensitivity zone closeup map.
3.2 POTENTIAL SOURCES OF CONTAMINATION
As part of statewide SWPP reporting outputs, CDPHE compiled an initial list of potential sources of
contamination (PSOCs) for Vail’s public water supplies using GIS systems and available statewide datasets.
CDPHE also created a SWAP toolkit including planning templates to help small and medium sized public
water providers.5 The steering committee opted to develop a more detailed local inventory in lieu of the
state’s preliminary findings. The inventory is not intended to supplant or replace the state’s work, rather,
it augments the earlier report with more detailed local knowledge of potential contamination sources and
other watershed issues with a significant nexus to source water protection. Gore Valley PSOCs were first
considered through the lens of the major discrete and dispersed contaminant source types provided in
the CDPHE’s planning template. Because of its recent urbanization history as a resort community, lack of
hardrock mining activity, and lack of intensive agricultural past, very few classically ‘polluting’ land uses
occurred in the Gore watershed. Major contemporary source water threats center largely around
5 https://cdphe.colorado.gov/swap-protection-phase
Figure 10. Figure 9. Source water protection sensitivity zone overview.
Figure 10. Groundwater sensitivity zones closeup map.
Figure 11. Surface water sensitivity zone closeup map.
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urbanization impacts, unpredictable natural events like wildfire, and the highway transportation corridor
that bisects the valley.
Discrete contaminant source type Present in source water
watershed
Reviewed
EPA Superfund sites (NPL) No (Present in Eagle but not Gore) No
EPA Abandoned Contaminated sites (CERCLA) No No
EPA hazardous waste generators (RCRA) Yes; all small, conditionally exempt Yes; RCRA database query
EPA Chemical Inventory Storage Sites (SARA/TRI) No Yes; TRI database query
Permitted Wastewater Discharge Sites Yes; ERWSD outfall downstream of
EV wells
No
Storage tanks; AST, UST, LUST Yes Yes; state database
Solid waste sites No No
Existing/Abandoned Mine Sites Yes No; no active/significant
sites
Concentrated Animal Feeding Operations No No
Table 8. Discrete (point source) contaminant source categories for source water assessments.
Dispersed contaminant source type Present in source water watershed Reviewed
Commercial/industrial/transportation Yes Yes (I-70)
High intensity residential Yes Yes (dispersed chem use)
Low intensity residential Yes Yes (dispersed chem. use)
Urban recreational grasses Yes Yes (golf courses)
Quarries/strip mines/gravel pits No No
Agriculture No No
Forest Yes Yes (wildfire/forest health)
Septic systems Yes Yes (very few present)
Oil and gas/energy development No No
Table 9. Dispersed (non-point source) contaminant categories for source water protection.
Major PSOC concerns in the Gore Valley are tied to forest fires, transportation corridors, or lighter
intensity land use practices. A small number of larger facilities including the hospital, Vail Public Works
department shop, and selected hotels, are small producers of hazardous wastes. However, these facilities
typically have low potential for source water contamination due either to their geographic location
relative to source water infrastructure, or their existing/required institutional waste handling and disposal
practices.
The complete PSOC inventory is included as Appendix 1. The inventory is also available as a spatial dataset
for viewing and manipulation in GIS software.
Stakeholder inventories identified close to 100 PSOCs in the source water planning area (Figure 12). PSOC
data collection is an ongoing effort, and this dataset represents a living document that will be updated
over time as conditions change or additional information is gathered by ERWSD. The most common class
of PSOCs in the Zone 1 and 2 Sensitivity areas is assumed to be small quantity household chemicals and
fuel due to the preponderance of low and medium density residential areas near and upstream of the
municipal wellfields. It is infeasible to complete a full inventory of individual households, therefore these
PSOCs were aggregated together as a single risk category. Although they are geographically prevalent,
their typical small quantities and unlikelihood for a simultaneous release event make them low risk
overall. Transportation impacts comprise a serious yet difficult-to-predict risk to both the wellfield area
(direct spill over an unconfined aquifer) and to upgradient tributary surface waters in the Black Gore
subwatershed. Based on state data, another large reporting class is fuel storage tanks. State tank
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inventories list over 100 registered tank locations within the watershed, with approximately 50 of those
currently active. Fuel tank sizes range from a few dozen or hundred gallons up to over 10,000 gallons.
Tanks typically store diesel, gasoline, or motor/machine oils that are used for operational purposes by the
entities that maintain them. Locations with significant storage in the valley bottom include the town
maintenance shop, the Vail Resorts maintenance yard in Lionshead village, and the service stations in
West Vail. Other significant storage depots exist on Vail Mountain Resort and for backup generator use at
the hospital and larger hotels. Registered tanks are already regulated at the state level and have required
spill prevention BMPs that typically include double wall construction, secondary spill containment (berms,
basins, etc.), and leak detection capabilities.
Figure not Included in Public Version of Document
3.3 CONTAMINANT PRIORITIZATION
The Colorado Rural Water Association (CRWA) developed a SWAP Risk Assessment Matrix to help water
providers characterize the relative risks posed by various PSOC types. Town of Eagle recently used this
approach in its plan with help from the CRWA’s Source Water Specialist to rank source water risks, and
this approach is also used here. The CRWA SWAP matrix characterizes risk in terms of the probability and
anticipated level (severity) of impact. The probability of impact describes the likelihood of damage or
losses from a contaminant source within a 1 to 10-year time period using the overall number of sources,
a source’s migration potential, and the frequency of occurrence based on any available historical data.
The level of impact describes the severity with which a contaminant source can impact drinking water
supplies based on its known danger to human health and potential release volume. The combination of
probability and severity level characterize the total exposure to risk from a given PSOC. Probability
of impact and level of impact tiers are described in Tables 10-15 below.
Prioritization schema: Risk Exposure Matrix scoring definitions
Tables 10 through 15 describe the rationale behind PSOC risk rating and are reproduced or
adapted from materials provided by CDPHE and CRWA.
Rating Key Risk exposure scoring
Certain > 95% probability of Impact 5
Likely 70-95% probability of impact 4
Possible 30 to 70% probability of impact 3
Unlikely 5 to 30% probability of impact 2
Rare < 5% probability 1
Table 10. Probability of impact tiers describe the likelihood or frequency that a PSOC could impact water sources within a 1 to
10-year time period.
Figure 12. Potential Sources of Contamination in the Gore Valley.
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Rating Key Risk exposure scoring
Catastrophic
Irreversible damage to the water source(s). This could include
the need for new treatment technologies and/or the
replacement of existing water sources
5
Major
Substantial damage to the water source(s). This could include a
loss of use for an extended period of time and/or the need for
new treatment technologies
4
Significant
Moderate damage to the water source(s). This could include a
loss of use for an extended period of time and/or the need for
increased monitoring and/or maintenance activities
3
Minor
Minor damage resulting in minimal, recoverable, or localized
efforts. This could include temporarily shutting off an intake or
well and/or the issuance of a boil order.
2
Insignificant
Damage that may be too small or unimportant to be worth
consideration but may need to be observed for worsening
conditions. This could include the develop ment of administrative
procedures to maintain awareness of changing conditions.
1
Table 11. Severity level tiers describe how strongly a PSOC can impact drinking water sources.
Direct Control The water system can take direct measures to prevent.
Indirect Control The water system cannot directly control the issue but can work with another person or
entity to take measures to prevent.
No Control The PSOC or issue of concern is outside the control of the public water system and other
entities.
Table 12. Control levels describe the legal or technical ability of a water provider to address a PSOC.
Risk rating matrix Risk = Probability x Impact Level
Probability of impact:
Certain 5 5 10 15 20 25
Likely 4 4 8 12 16 20
Possible 3 3 6 9 12 15
Unlikely 2 2 4 6 8 10
Rare 1 1 2 3 4 5
Score 1 2 3 4 5
Impact
level: Insignificant Minor Significant Major Catastrophic
Table 13. Risk exposure scoring matrix.
Risk Score Risk Rating
1-2 Very Low
3-5 Low
6-10 Moderate
12-16 High
20+ Very High
Table 14. Risk scoring levels.
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Probability of impact:
Certain 5 Low Moderate High Very High Very High
Likely 4 Low Moderate High High Very High
Possible 3 Low Moderate Moderate High High
Unlikely 2 Very Low Low Moderate Moderate Moderate
Rare 1 Very Low Very Low Low Low Low
Score 1 2 3 4 5
Impact level: Insignificant Minor Significant Major Catastrophic
Table 15. Risk exposure levels matrix.
Risk exposure summary
Individual PSOCs were scored for probability and level of impact using a combination of watershed
location and sensitivity zone proximity, contaminant amount, control level, and other criteria based on
local stakeholder knowledge. Overall Risk Exposure in this context is defined as the Probability of impact
x Impact Level. An event that has a catastrophic impact but only occurs on a rare frequency will receive a
lesser risk rating than an event that has minor impacts but occurs regularly within a 10-year time frame.
Scoring for sources can be found in the full PSOC table in Appendix 1. Table 16 below aggregates PSOCs
by contamination risk categories and displays the range of risk levels and maximum risk level estimated
for each category. Many PSOC such as storage tanks occur multiple times in the valley but due to location
or size, constitute low total risk. Low probability but high consequence events like wildfire or
transportation spills are not specific point source PSOCs but provide relatively higher risks in the Gore
Creek Watershed.
This is intended as a living document PSOC inventories were based on information available to staff at
the time of this planning process and should not be seen as a definitive or unchanging characterization
of drinking water threats and concerns in the Gore Valley. New concerns may emerge and the relative
risk relatively associated with an individual PSOC or group of PSOCs is subject to constant change.
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Contamination Risk Category
PSOC occurrence count,
grouped by risk rating
category
PSOC
Total
Overall Risk
Level
Very
Low Low Mod.
Proximity
(Sensitivity
Zone)
Control
Level
Operational storage tanks 79 1 80 -- 2 Low
Non-residential land use
practices 1 3 4 GW1, 2, 3 2 Low
OWTS/Septic 2 2 SW2, GW2 2 Very Low
Recreation, pets 2 2 GW2, 3 2 Very Low
Flooding, water infrastructure 1 1 GW1 3 Low
Residential practices 1 1 GW2, 3 2 Very Low
Security 1 1 GW1 1 Low
Transportation/roads Dispersed 1 GW1, 2, 3 3 Moderate
Wildfire Dispersed 1 SW1, 2 2-3 Moderate
PSOC Occurrence Count Total 85 6 2 93
Table 16. ERWSD drinking water sources risk ratings, aggregated by contaminant category and risk level.
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4 THREATS AND CONTAMINANTS REVIEW
4.1 INTERSTATE 70
Federal Interstate 70 traverses Colorado from the Kansas to the Utah state borders and provides the main
east-west travel and commercial shipping route across the southern Rocky Mountains between Denver,
the intermountain region, and the western slope. Due to the mountainous terrain, steep grades,
substandard curve geometry of Vail Pass, and frequently inclement weather conditions, vehicle crashes
are common and occasionally may involve transport of fuel or other hazardous materials. Due to constant
proximity to Gore Creek and the difficulties associated with winter road maintenance, I-70 also provides
other unique challenges to maintaining surface water quality in the watershed. Large amounts of traction
sand are applied during winter to help vehicles maintain control on steep grades and curves. Fine
sediments then move with stormwater runoff into Black Gore Creek or Gore Creek where they are
transported downstream over time and may impact stream health and infrastructure. Solid and liquid salt
and other deicer chemical applications are also frequently used. These compounds are readily soluble in
water and transport downstream into surface and groundwater reservoirs during runoff. Over time,
increases to salinity of surface waters have been detected by USGS at monitoring sites near the watershed
mouth.6 Nationwide studies of water quality in regions with prevalent salt use for road maintenance have
detected increasing reservoirs of salinity in surface waters even in non-winter seasons, indicating the
potential for shallow groundwater systems to accumulate and release reservoirs of salinity7. It is unclear
to what potential this low-level contamination issue may exist in the Gore Valley.
In case of a highway spill involving hazardous materials, ERWSD maintains a spill response plan (Appendix
2) and coordinates with the Colorado Department of Transportation (CDOT), Colorado State Patrol, town
of Vail, and Vail Fire to quickly identify potential threats to water infrastructure. CDPHE also has spill
response reporting and control requirements for CDOT. Contamination potential is highly variable, and
the probability of an event is very low and difficult to assess, but not absent. A worst-case scenario may
be represented by a truck transporting a recalcitrant toxic compound overturning and completely spilling
its contents on the south side of the interstate in the golf course area just west of Booth Creek. This would
present the rapid introduction of a significant volume of contaminant directly into the unconfined alluvial
aquifer within the 500’ Zone 1 sensitivity area of the East Vail wellfield. Fuels, Volatile Organic Compounds
(VOCs), or other organochlorine compounds could require sediment remediation or the complete
shutdown of one or more municipal wells for an unknown time frame. Serious contamination might result
in the need for complete relocation of a wellhead due to contaminated soils.
6 Williams, C.A., Moore, J.L., and Richards, R.J., 2011, Assessment of surface -water quantity and quality, Eagle River
watershed, Colorado, 1947–2007: U.S. Geological Survey, Scientific Investigation Report 2011–5075, 139 p.
7 Corsi SR, Di Cicco LA, Lutz MA, and Hirsch RM. 2015. River chloride trends in snow -affected urban watersheds:
increasing concentrations outpace urban growth rate and common among all seasons. Science of the Total
Environment. 508 p 488-497. https://www.sciencedirect.com/science/article/pii/S0048969714017148 Accessed
Oct 2020.
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In addition to coordinated spill response, USGS has previously conducted travel time studies8 to
understand the rate of contaminant transport in Gore Creek from different watershed locations at a
variety of streamflow volumes. Due to the valley’s topography, Gore Creek is generally a gaining stream
throughout the year, meaning groundwater gradients are towards the stream and little surface-to-
groundwater recharge occurs laterally from streambanks. Under very specific hydrologic circumstances,
such as an extremely dry period with low streamflows coupled with very high pumping demand from the
from wells, some theoretical potential may exist for localized and short-lived reversal of groundwater
gradients in the golf course area that induce some amount of stream water to enter the alluvium and
transport laterally towards well influence areas. However, surface pulses of spill contaminants in Gore
Creek are likely to rapidly transport downstream and experience localized dilution on a fast enough time
scale that the potential for significant groundwater contamination appears negligibly low.
To understand the relative probability of a surface spill event to impact the various source water sensitive
zones, transportation data provided by CDOT was reviewed. CDOT maintains a crash data information
database for recorded traffic incidents including the location, type of vehicle involved, and type of
incident. A CDOT Colorado Open Records Act (CORA) request included the most recent 5 years of data for
I-70 between mile markers 171 (Dowd Junction) and 190 (Vail Pass summit), as displayed in Figure 13.
Although the vast majority of incident types are non-critical in terms of likely water quality impacts, the
general location and frequency of all incidents provides a usable overall characterization of the higher risk
zones for transportation incidents in the watershed. Several regions in the corridor stand out for higher
incident risk. Zones of increased crash frequency are evident in the Vail Pass Narrows (miles 182-184
above Polk and Miller Creeks), on the steepened grade above the Gore Creek/Black Gore confluence zone
(miles 182-183), and near the top of the pass. Additional zones of increased incident frequency occur at
the East Vail and Main Vail interchanges, and at the East Vail chain lanes. It should be noted that the chain
lane zone includes many non-critical incident types such as side swipes, rear-ends, etc. This analysis is not
suggesting that zone is a location of higher catastrophic crash types such as truck rollovers that are likely
to have greater water quality implications. However, because this location is where a truck spill could
place a pollutant load directly on the unconfined aquifer within the Zone 1 sensitivity area, it is worth
noting. A more-probable scenario for a transportation incident to impact source water is for a significant
accident to deliver pollutants direct to Black Gore Creek either in the Narrows or in the 182-183 mile
marker segment (the steep curves near the last runaway truck ramp above East Vail). Once in Black Gore
Creek surface waters, the pollutant would travel towards Vail. However, as noted above, the possibility
for significant long-term pollutant loading to the Gore Valley alluvial aquifer in the wellfield zone is
relatively low via this scenario, and the surface water intake in East Vail on main Gore Creek is typically
only auxiliary supply.
8 Gurdak JJ, Spahr NE,and Szmajter R. 2002. Traveltime Characteristics of Gore Creek and Black Gore Creek, Upper
Colorado River Basin, Colorado. USGS Water Resources Investigations Report 0-4037.
https://pubs.usgs.gov/wri/wri02-4037/pdf/wrir4037.pdf. Accessed October 2020.
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Figure 13. Truck incident heatmap. Red colors indicate a higher frequency of incidents in that location.
4.2 WILDFIRE
Wildfires have serious implications for drinking water sources. Post-fire watershed impacts include
increased risk of topsoil loss, flooding and sedimentation events, and debris flows in the first several years
due to the lack of stabilizing vegetation and decreased soil infiltration in burn zones. Burn severity may
affect the degree to which any of these occur. Hillslopes denuded of soil-stabilizing vegetation pose high
erosional risk during downpours and may completely fail in catastrophic debris flows that clog streams,
reservoirs, or municipal surface water intakes. Because the District relies primarily on wellfields and the
surface water intake on Gore Creek is auxiliary, the direct risk from wildfires may be relatively short-lived
in the post-fire event time period. Intakes downstream on the mainstem Eagle River above Avon may
however be more susceptible to sedimentation and turbidity issues. Steep gradient stream channels and
high spring flows are capable of moving excess sediment and debris out of the watershed over time but
may require several years after a large fire event to self-clean. Surface water intakes and
transport/treatment infrastructure are susceptible to sedimentation or short-term flooding damage, but
the impact to the wellfield in the golf course vicinity is likely to be small. The upper Gore Creek
subwatershed supplies the auxiliary surface water intake for the municipal supply. Eagle County utilizes a
fire behavior model called NO HARM to characterize the likely risk of a wildfire burning at a particular
location combined with the probable severity based on fuels type and topography. Fire hazard in upper
Gore Creek is variable; at the mouth of the watershed several of the NO HARM computer model firesheds
in the county’s hazard model are rated as ‘wildland high’ but the majority of the watershed is rated
‘wildland moderate’ or ‘wildland low’. North facing conifer forests on the south side of Gore Creek cover
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steep drainages and are prone to strong west winds. Both lodgepole pine stands and higher elevation
spruce stands are experiencing prolonged attack and mortality episodes from the mountain pine beetle
and the spruce beetle respectively, leading to increased downed and standing fuel loads. While fuels
reduction projects are identified below the wilderness boundary near the Gore Creek Campground, it is
unlikely that additional significant active fuels management can occur within the designated wilderness
area.
Storage and distribution infrastructure
EC and TOV have conducted fire risk planning in the Gore Valley, and ERWSD has been a stakeholder of
these processes. These efforts produced mapping outputs and action plans for agencies and community
residents to address fire risk and responses. Due to their suburban setting within golf course open space
and residential parks, Vail’s municipal wellfields have significant defensible space and buffering from
wildlands fires. Portions of the supply and distribution infrastructure in town other than wellheads and
surface intakes may face relatively higher risks. In particular, distribution reservoir tanks above the town
core and various neighborhoods lie on the urban-wildland interface in zones of increased wildlands fire
hazard. Most ERWSD storage tanks are fully or partially buried, constructed of concrete, and backed by
earthen berms or other fire-resistant materials, and have maintained defensible spaces. ERWSD staff
identified damage to storage tank infrastructure including the supervisory control and data acquisition
(SCADA) monitoring and electrical systems on the tanks as well as external telemetry equipment as the
primary risk from wildfire, with direct tank damage unlikely or low risk. Damage to monitoring and
communications systems may trigger a short term shut down of the tank system until field checks can be
made, but all systems may be operated manually, and general redundancy of distribution systems makes
service disturbances to residences of more than a few days unlikely.
Black Lakes Reservoirs
In some recent instances of wildfire in Colorado, drinking water reservoirs suffered from severe
sedimentation and loss of capacity. ERWSD operates Black Lakes Reservoirs 1 and 2 for storage capacity
and instream flows at the headwaters of Black Gore Creek. Because of the landscape position of these
lakes–high in the headwaters with relatively little overall surface stream input—a major sedimentation
or debris flow that impacts reservoir storage volume significantly is unlikely. However, a catastrophic
wildfire event on the west side of the reservoirs that denudes soils could theoretically release enough
sediment or contribute to landslides into the Black Lakes during a heavy rain event to impact storage
volumes. Eagle County’s fire risk model currently characterizes this hillside as either moderate or low for
wildfire risk—likely due in part to its higher elevation, which experiences more precipitation and higher
soil moistures throughout the year than elsewhere in the watershed.
Existing Fire Plans with a SWAP nexus
Eagle River Phase 1 Wildfire Assessment (2010): This study rated the vulnerability of subwatersheds in
the Eagle basin based on wildfire hazard, flooding/debris flow hazard, and soil erodibility. Composite
rating maps identified the lower Gore Creek watershed as the most vulnerable in the planning area for
post-wildfire watershed hazard, helping to guide fuels treatment decisions.
Eagle County Community Wildfire Protection Plan (2011): The county’s plan identified areas of higher
fire risk and sought to create prescriptive mitigation recommendations including fuels reduction and
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32 | ERWSD Source Water Protection Plan
public engagement. Similar to the 2019 Vail plan that it preceded, the primary focus is on property damage
and human life risk, source water protection is only indirectly addressed.
Vail Community Wildfire Protection Plan (2019): This plan focuses on the intersection between wildfire
risk and locations of high community. The plan is primarily focused on risks to life and property, including
residential neighborhood risk, rather than watershed impacts or drinking water risk. It identifies
education/outreach, fuels reduction, and defensible spaces as primary methods to reduce risk.
Gore Valley Watershed Wellhead Protection Plan (2019): This plan served as a precursor to this SWPP by
using EPA-provided software to estimate approximate groundwater travel times and delineate wellhead
protection zones. These zones are directly incorporated in the groundwater sensitivity zones in this plan.
Fire exposure risk maps
Eagle County’s utilizes the NO HARM fire behavior model to characterize the likely risk of a wildfire burning
at a particular location combined with the probable severity based on fuels type and topography.
Overlaying the current (as of 2020) NO HARM model for the Vail Area with locations of critical source
water infrastructure as well as fuels reduction layers (Figures 14 and 15) helps provide an understanding
of which infrastructure faces relatively higher risk and where source water protection may be a benefit
when conducting future fuels mitigation activities.
Figure not Included in Public Version of Document
Figure 14. Eagle County NO HARM Fireshed hazard ratings near Vail urban core.
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33 | ERWSD Source Water Protection Plan
Figure 15. Eagle County NO HARM fireshed hazard ratings for Black Lakes and upper Gore Creek.
4.3 DISPERSED RESIDENTIAL CHEMICALS USE
Herbicides, pesticides, fertilizers, paints, oils, detergents, and other solvents constitute household
hazardous waste according to US EPA. Previous work by USGS9, Leonard Rice Engineers10, and others have
identified application of and runoff of landscape care chemicals at dispersed residential and commercial
sites in the Gore Valley as a contributor to water quality declines that impact aquatic macroinvertebrate
populations in Gore Creek and tributaries. Macroinvertebrate sampling sites in East Vail and near the
urban core of Vail Village display increasingly impaired macroinvertebrate community conditions with
downstream distance, indicating a cumulative downstream effect. Although these pollutant sources are
typically small in amount—perhaps in the range of one to ten gallons total of fuel, fertilizers, pesticides,
herbicides, and other outdoor care chemicals at a typical residence or small business—their use is
widespread and regular in most suburban environments. A significant portion of Vail’s 5000 residents and
residential units occur upgradient of the golf course well field, indicating there is at least slight potential
for residential chemical use to impact the alluvial aquifer via runoff, instream transport, and aquifer
recharge processes.
9 Zuellig, R.E., Bruce, J.F., Healy, B.D., Williams, C.A., 2010, Macroinvertebrate -based assessment of biological
condition at selected sites in the Eagle River watershed, Colorado, 2000–07: U.S. Geological Survey Scientific
Investigations Report 2010–5148, 19 p.
10 Leonard Rice Engineers. 2013. Gore Creek Water Quality Improvement Plan. Prepared for Town of Vail and
available upon request. Executive summary available at http://www.erwc.org/wp-
content/uploads/2014/01/ExecutiveSummary.pdf,. Accessed Nov 2020.
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34 | ERWSD Source Water Protection Plan
In 2016, the TOV launched its “Restore the Gore” campaign to improve stream conditions via education
of streamside landowners, improved municipal code, and revamped stormwater treatment systems. The
District has worked closely with the town on this campaign and is likely to continue doing so in the future.
Reducing surface use of these chemicals, especially in riparian areas and on impervious surfaces likely to
runoff during precipitation events, can slow the rate of stream loading and aquifer recharge. Although
some level of use is likely to persist, educating homeowners and promoting functional natural buffer
systems may provide the best strategy to ensure loading from regular usage or localized small volume
spills can be naturally attenuated by dilution or biological and physical processes in soils and riparian
zones.
4.4 OPERATIONAL FUELS AND CHEMICAL STORAGE
Fuel storage and used fluids storage for motor and machine oils constitute one of the most regularly
reported small to medium sized PSOC categories in the watershed. A smaller number of sites also report
storage of light industrial chemicals and solvents or firefighting foams. Nearly 60% of the approximately
100 individually inventoried discrete/point-source PSOCs are fuel or combustible oil tanks. The most
typical storage capacities reported by the Colorado Division of Oil and Public Safety, which registers and
tracks storage tanks, range from 500 to 30,000 gallons11. Larger sites include the TOV public works yard
and several equipment facilities operated by VR on the ski resort and near the confluence of Gore Creek
and Red Sandstone Creek. Locations for all of the identified storage tanks are shown in Figure 16. It is
sometimes cited in EPA materials and other water quality outreach materials that one gallon of motor oil
or diesel fuel can potentially contaminate up to 1 million gallons of freshwater to levels unsuitable for
drinking water use. Regardless of the exact amount, depending on the porosity of aquifer storage in the
Gore Valley alluvium, the potential for contamination of very large volumes of groundwater storage from
relatively small fuel storage sites remains a serious consideration.
No fuel storage facilities were identified upgradient of the East Vail wellfield or surface water intake, but
over a dozen occur upgradient of the auxiliary wellfield in West Vail. These storage facilities, including the
commercial gas stations in West Vail, are also upgradient of UERWA’s Avon and Edwards surface water
intakes on the mainstem Eagle River below the Gore Creek confluence. Fuel storage at the TOV
maintenance facility and Vail Golf Course are within one half mile of municipal well R4. Due to the
predominantly west-trending groundwater movement gradients, major fuel spills at either of these
locations are unlikely to have high migration potential towards the wellhead and sensitive Zone 1
protection area. Approximately half of the reported tanks occur within the Gore Valley alluvial valley floor
and several are within 500 feet of Gore Creek, including tanks at the VR maintenance facility near Red
Sandstone Creek and at the West Vail gas stations. Spills from these locations have a greater risk of
localized aquifer contamination and migration towards surface waters, and potential entry to and
downstream transport by surface waters via stormwater surface pathways. Hydrocarbons in
groundwaters may migrate at variable rates dependent on the weight fraction of the various constituent
species. Fuel molecules are not water soluble and may have a strong upward vertical migration tendency
or tendency to ‘float’ on the surface of an unconfined water table such as the Gore Valley alluvium as well.
11 The Colorado Division of Oil and Public Saftey provides a searchable statewide st orage tank database at
https://ops.colorado.gov/Petroleum/DataDocuments. Accessed October 2020 for this report.
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35 | ERWSD Source Water Protection Plan
Overall spread and attenuation potential is dependent on the alluvium characteristics of the site, and well
oxygenated soils and sediments may provide opportunities for relatively rapid biodegradation by
microbial pathways, whereas spills in less oxygenated soils or shallow water tables may degrade much
more slowly.
Non-fuel or non-petroleum hydrocarbon storage accounts for a much smaller percentage of tank sites. A
small amount of firefighting foam is stored and used by Vail Fire and at the helicopter landing site operated
by VH and Flight for Life. This class of chemicals, which may include per- and polyfluorinated compounds
known as PFOAs or PFASs, is currently under scrutiny at the state level for their impacts to drinking water
and human health and may be discontinued in the future. Inventoried storage amounts in the Gore
watershed are relatively small, ranging from 50 to 100 gallons. However, these classes of chemicals are
known as ‘forever chemicals’ due to their resistance to natural or artificial biodegradation pathways and
have proven to be extremely recalcitrant in natural environments. Even at small amounts, the persistent
nature creates a level of concern for localized surface and groundwater contamination as the health
advisory level for these contaminants is currently set at 70 parts per trillion (ppt). Other commonly
reported non-fuel chemical types include water treatment chemicals used either for water disinfection
such as various halogen salts, sodium fluoride for drinking water fluoridation, or phosphorous-based
corrosion inhibitors used to treat the District’s municipal water. These are typically stored in small
quantities directly onsite at the District’s entry point treatment facilities throughout the valley. These
compounds are stored in dry form, above ground in locked facilities on concrete pads, creating little spill
likelihood or contamination potential.
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36 | ERWSD Source Water Protection Plan
Figure 16. Locations of registered storage tanks.
EPA’s hazardous waste generator inventory web tool12 was queried for Vail zip codes to identify known
hazardous waste generators for further screening as needed. The query returned 15 sites (Table 17), many
of which were already known via the SWAP stakeholder input sessions for this effort. Most listings were
for businesses or government entities capable of producing small quantities of hazardous wastes such as
spent fuels or chemical solvents and were conditionally exempt from further permitting or regulation.
None of the sites dispose of wastes directly onsite; all are removed for further processing, recycling, or
appropriate landfill disposal.
12 https://enviro.epa.gov/facts/rcrainfo/search.html accessed 2020
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37 | ERWSD Source Water Protection Plan
Site ID Site Name Address City,
State
Last
update Activities Waste types
COD983776626 ALPINE STANDARD
#1 28 S FRT RD VAIL, CO 2004 Ignitable waste,
corrosive, BTEX
COD983787607 BP AMOCO OIL 934 S
FRONTAGE RD VAIL, CO 2004
Conditionally-exempt
small quantity
generator
Ignitable waste,
benzene
COD983785643
CHEMICAL
HANDLING - VAIL
CLEANUP
TRUCK RAMP W
OF VAIL ON I-70 VAIL, CO 1991 Defunct/NA Truck ramp clean up
potential
COD983773490 COLORADO DEPT OF
HWYS - VAIL PAS I-70 MP 190.00 VAIL, CO 2007
Ignitable, corrosive,
lead, MEK, various
halogenated solvents
COD983773508 COLORADO DEPT OF
HWYS - VAIL PAS I-70 MP 189.50 VAIL, CO 2007
Ignitable, corrosive,
lead, MEK, various
halogenated solvents
COD983794298 HOTEL TALISA - VAIL 1300
WESTHAVEN DR VAIL, CO 2018
Conditionally-exempt
small quantity
generator
Ignitable, various spent
solvents
COD983772070 NATIONAL VELVET
2151 N
FRONTAGE RD
W
VAIL, CO 2011 Dry cleaning solvents
COR000234377 SAFEWAY STORE
#631
2131 N
FRONTAGE RD
W
VAIL, CO 2014
Conditionally-exempt
small quantity
generator
Ignitable waste,
corrosive waste
COR000016972 SHARPSHOOTER
SPECTRUM IMAGING
600 E
LIONSHEAD CIR VAIL, CO Defunct/NA Photography
development chemicals
COR000226068 SPILL #2011-0791 I-70 AT MILE
MARKER 183
NEAR
VAIL 2011 Hazardous spill @ mm
186
Methanol-based
mixture, 5,000 gal
COR000200790 TOWN OF VAIL 1289 ELKHORN
DR VAIL, CO 2008
Conditionally-exempt
small quantity
generator
Solvents
COD981544752 U S DEA 75 S FRONTAGE
RD VAIL, CO 1996 Defunct/NA
COD982590606 VAIL ASSOCIATES INC
862 S
FRONTAGE RD
W
VAIL, CO 2010
Conditionally-exempt
small quantity
generator
Hotel wastes; ignitable,
corrosive
CO0001017037 VAIL RECREATION
DISTRICT
292 W
MEADOW DR VAIL, CO 1995
Conditionally-exempt
small quantity
generator
COR000247353 VAIL VALLEY
SURGERY CENTER
181 W
MEADOW DR
STE 3R
VAIL, CO 2018
Conditionally-exempt
small quantity
generator
Pharmaceutical wastes
Table 17. Resource Conservation and Recovery Act (RCRA) registered sites.
4.5 RIPARIAN AREAS
The Gore Creek Water Quality Improvement Plan identified loss or degradation of streamside riparian
areas as a primary driver of declining aquatic life conditions. Healthy riparian buffers also protect drinking
water quality by reducing fine sediment inputs to streams, stabilizing banks and infrastructure, and
attenuating pollutants from impervious surfaces or landscaping practices that are otherwise carried to
streams in stormwater runoff. Although some localized disturbance exists in Gore Creek campground from
human recreational use, vegetation conditions are native, intact, and robust for a large portion of the
upper watershed. Riparian communities are naturalized and protected from development above the
surface water intake in East Vail from the public land boundary upstream but have experienced some
degradation including reduction of woody species and sediment accumulation below the I-70 bridges, and
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limited suburban encroachment directly near the intake. Riparian conditions in East Vail neighborhoods
along the mainstem of Gore Creek upstream of the municipal wellfield and in the golf course itself exist
in various health conditions. Some segments of stream continue to have robust vegetation while others
have experienced loss of natural vegetation types, complete clearing and mowing, or hardening and bank
armoring. More so than water quality benefits, riparian vegetation communities in the neighborhood and
golf course zone surrounding the wellfield serve to protect well infrastructure through bank stabilization
and increased channel resilience to flood flows. Wells R7, R4, and R1 in particular may be vulnerable in
the event of catastrophic bank loss from extreme flooding events. Ensuring the existence, growth and
robust health of naturalized woody vegetation communities (native willow, alder, spruce) in these areas
will help guard against this.
TOV has moved assertively to improve riparian conditions throughout the community as part of its Restore
the Gore campaign and based on recommended actions in the Gore Creek Strategic Action Plan.
Numerous education and outreach programs have targeted private homeowners, landscaping
contractors, and town staff to encourage riparian friendly practices for streamside landscaping. Project
Rewild is a public assistance program that provides funding for landowners to restore vegetative buffers.
Because much of the riparian zone near the wellfields both at the golf course and Donovan Park occurs
on municipally owned or managed land (in conjunction with the VRD), the ability to implement vegetation
improvement projects is greatly streamlined.
4.6 GOLF COURSES
The Vail Golf Club, a facility managed by the VRD on behalf of the TOV, provides a setting of special
consideration due to the land use activities associated with golf course maintenance and its proximity to
the primary wellheads for the District’s water supply. Co-location of the wellfields and golf course provide
both an opportunity to protect the wellheads from residential or urban development and the associated
contamination risks with those land uses, while at the same time potentially exposing the wells to surface
practices and potential contaminants inherent in golf course operation such as fertilizers and pesticides.
The main fuel and chemical storage shop for the course is south and east of the wellfield, contributing
very low risk to the aquifer. However, due to the shallow nature of the groundwater wells and surfaces
practices required to maintain quality turf, some concern exists from other surface practices. The District’s
municipal wells range in depth from 70 to 200 feet and are screened at relatively shallow depths.
Chemicals applied to the surface including fertilizer, herbicides, and pesticides have some potential for
migration beyond the unsaturated vadose zone to the shallow water table and enter the wellfield’s radius
of influence. Fertilizers frequently contain nitrogen, phosphorus, and potassium, all of which occur in
soluble forms capable of moving through groundwater relatively quickly. Nitrates in particular may cause
human health effects in drinking water, but all nutrients are capable of amplifying unwanted algal growth
or other biologic activity in surface waters or potentially in nuisance biofilm forms within well
infrastructure. Pesticides and herbicides common in turf care may contain recalcitrant organochlorines or
other compounds which strongly resist natural biodegradation and have potentially high solubilities. In
addition to a localized spill event or improper surface storage/mixing/disposal practices, poor turf
management practices such as overirrigation can increase the possibility of leaching surface applications
beyond the turf and organic horizons of the soil deeper into the unsaturated soil zone and potentially
through this zone to the water table below.
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4.7 WELLFIELD FLOODING
Flooding of wellhead locations may threaten water sources by damaging infrastructure such as pumps
and electrical equipment. Flooding may also contaminate the well bore at the top of the screen, requiring
temporary disabling of the source. Vail’s municipal wells are located in the valley bottom where alluvial
deposits of adequate depth provide suitable well locations. Well locations were compared against the
flood Zone AE in currently available National Flood Hazard GIS datasets from either FEMA or Eagle County.
Zone AE designates a high-risk zone where the annual flood probability is a 1% chance, often referred to
as the 100-year floodplain. This zone is frequently believed to mean that a flood occurs only once in 100
years, however this is an incorrect understanding of statistical descriptors used in flood mapping. Due to
cumulative probabilities over an extended time period, a flood flow with a 1% chance in any single year
has approximately a 26% (~1 in 4) chance of occurring during a 30-year period (such as the term of a
residential mortgage) and a 50% (~ 1 in 2) chance to occur during an average person’s lifespan of 70-80
years. Well R4 is in the delineated AE zone, while the other wells range between 25’ to 150’ linear feet
away.
Delineated flood zones are based on computer-modeled static inundation depths only. Dynamic
conditions that may occur during a large flood event such as a bank failure or an uprooted tree lodging
under a pedestrian or motor bridge may raise localized flood heights beyond model estimates, increasing
risk. The majority of the golf course zone, because it is in low-lying alluvium deposits atop which Gore
Creek formerly meandered back and forth, is subject to a variety of fluvial hazards during large flood flows.
These may include unexpected inundation, avulsions, or other sudden stream channel process changes
that could threaten wellheads. Because Gore Creek’s peak flows occur during snowmelt rather than warm
season precipitation events, peak flows are somewhat predictable based on annual snowpack and
localized weather conditions in late spring and early summer. Conditions that may drive very large flood
flows include a combination of large snowpack and a block of very warm days, potentially exacerbated by
a rain-on-snow episode. While flooding is unlikely to permanently disable a well, temporary issues with
access, operation, or sanitary conditions may occur. In the event of likely flooding, the District has the
capacity to disable all or portions of the wellfield and draw on integrated supplies from lower on the Eagle
River.
Figure not Included in Public Version of Document
4.8 PERMITTED AND UNPERMITTED DISCHARGERS
CDPHE provides permits to permitted discharges. Permitted dischargers are regulated and usually have
discharge limits associated with the permit. Permitted dischargers include
Municipal wastewater treatment facilities,
Pretreatment,
Drinking water treatment facilities,
Structures with groundwater dewatering,
Stormwater discharges from construction activities with disturbance of one or more acres,
Municipal separate storm sewer system (MS4), and
Figure 17. Flooding risk to municipal wellfields as characterized by wellhead location relative to the flooding extent of the 1%
annual return probability flood.
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Industrial stormwater.
Table 18 contains current permitted dischargers.
Permit Sector General Permit Type Permit ID Permit Status
Issue
Date
Effective
Date
Expiration
Date
Public and private utilities CO-Individual permit CO0024431
Admin
continued 12/30/2010 2/1/2011 1/31/2016
Public and private utilities
COG641000-Water
treatment plant
wastewater discharge COG641058
Admin
continued 1/9/2006 2/1/2006 10/31/2010
Commerce and industry
COR900000-Industrial
stormwater COR901387
Admin
continued 11/28/2017 11/28/2017 6/30/2020
Construction
COR400000-Stormwater
discharge associated with
construction activities COR405415 Effective 5/13/2019 5/13/2019 3/31/2024
Public and private utilities CO-Individual permit CO0037311 Effective 1/29/2021 3/1/2021 2/28/2026
Public and private utilities
COG641000-Water
treatment plant
wastewater discharge COG641105
Admin
continued 1/19/2006 2/1/2006 10/31/2010
Construction
COR400000-Stormwater
discharge associated with
construction activities COR404383 Effective 4/1/2019 4/1/2019 3/31/2024
Commerce and industry
COR900000-Industrial
stormwater COR901386
Admin
continued 11/28/2017 11/28/2017 6/30/2020
Public and private utilities CO-Individual permit CO0021369 Effective 1/29/2021 3/1/2021 2/28/2026
Construction
COG317000-Short-Term
Remediation Activities COG318043 Effective 1/4/2021 2/1/2021 5/31/2025
Construction
COG318000-Long-Term
Remediation Activities COG318062 Effective 4/2/2021 5/1/2021 5/31/2025
Construction
COG318000-Long-Term
Remediation Activities COG318064 Effective 4/7/2021 5/1/2021 5/31/2025
Construction
COG318000-Long-Term
Remediation Activities COG318079 Effective 6/3/2021 8/1/2021 5/31/2025
Construction
COR400000-Stormwater
discharge associated with
construction activities COR402127 Effective 4/1/2019 4/1/2019 3/31/2024
Commerce and industry
COR900000-Industrial
stormwater COR901384
Admin
continued 11/28/2017 11/28/2017 6/30/2020
Construction
COG318000-Long-Term
Remediation Activities COG318065 Effective 4/15/2021 6/1/2021 5/31/2025
Construction
COR400000-Stormwater
discharge associated with
construction activities COR404840 Effective 4/1/2019 4/1/2019 3/31/2024
Construction
COR400000-Stormwater
discharge associated with
construction activities COR404841 Effective 4/1/2019 4/1/2019 3/31/2024
Table 18. Permitted Dischargers
Unpermitted discharges mean the discharge of pollutants from a point source into waters of the United
States or the State which is not authorized by a National Pollutant Discharge Elimination System (NPDES)
Permit. Unpermitted discharges include but are not limited to the following discharges.
Stormwater,
Paint, oil, antifreeze, other chemicals, trash or debris poured into a storm drainage system
Chlorinated swimming pools and hot tubs,
Snowmaking operations,
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Sanitary sewer overflows,
In Vail, stormwater is not regulated under MS4. Stormwater runoff has the potential to carry
contaminants into Gore Creek which can adversely affect source water quality. Town of Vail has installed
BMPs to help filter out pollutants before entering Gore Creek.
While water we use in our homes and businesses drain to a treatment plant, stormwater and anything
else dumped or spilled outside flows into the storm drain system and directly to our waterways.
Stormwater pollution has many sources. One of the most common is illegal dumping or spilling of
wastes directly into storm drains, like pouring used motor oil or paint directly into a storm drain.
Pollutants also enter storm drains when it rains or snows: rain runs off roofs, streets, parking lots and
other paved surfaces and flows directly into nearest storm drain picking up pollutants along the way.
Rain, as well as waters from hoses and sprinklers, carries detergent from car washings as well as
pesticides, and fertilizers to the storm drain. From the storm drain, water flows (directly) to the nearest
waterway – garbage, dirt, toxins and all.
If swimming pool or hot tub water has chlorine in it, then that water can be extremely harmful to
aquatic life. Discharging chlorinated pool water is considered an illicit discharge. Discharges from
swimming pools can be directed to the storm drain, provided the water does not have a harmful impact
on the environment. Therefore, pool water must be dechlorinated and tested for chlorine prior to
discharge to the storm drain system. ERWSD allows swimming pools and hot tubs to be discharged into
the sanitary sewer as long as they are notified prior to the discharge and the water has been
dechlorinated.
Snowmaking water contains an algaecide that may be harmful to fish and other aquatic life. It is likely
that the types of impacts to benthic macroinvertebrates included mortality (particularly among sensitive
taxa) and displacement (some species ‘drift’ downstream when confronted by changes in water quality).
Occasionally, sanitary sewers will release raw sewage. These types of releases are called sanitary sewer
overflows (SSOs). SSOs can contaminate our waters, causing serious water quality problems, and back-
up into homes, causing property damage and threatening public health. SSOs that reach waters of the
U.S. are point source discharges. Like other point source discharges from municipal sanitary sewer
systems, SSOs are prohibited unless authorized by a NPDES permit. Moreover, SSOs, including those that
do not reach waters of the U.S., may be indicative of improper operation and maintenance of the sewer
systems, and may violate NPDES permit conditions.
5 EXISTING AND RECOMMENDED BEST MANAGEMENT
PRACTICES
The Gore Creek watershed is host to a variety of drinking water concerns and threats. While small-scale
fuel and chemical storage is prevalent, the location, total volume, and potential for migration to raw water
collection infrastructure is relatively low and reduces concern. The primary concerns of stakeholders
consist of the low-probability/high-consequence threats created by transportation activities and
catastrophic wildfire. Because transportation incidents are difficult to predict and highly variable in their
ability to impact water infrastructure, individual BMPs are difficult to identify. Stakeholder efforts in this
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topic area may be best focused in supporting CDOT when periodic opportunities for safety improvements
to the travel corridor arise and participating in robust planning and training for spill response actions with
partner entities like CDOT, TOV, VFD, Colorado State Patrol, and EC. Mitigating wildlife risks is an
extremely difficult task given the geographic scale of issues, the multi-jurisdictional nature of public lands
management, and difficulties inherent in predicting occurrence and severity. ERWSD is fortunate that
groundwater sources in developed urban areas are relatively robust against wildfire impacts, however it
remains highly important to support collaborative local efforts to plan, approve, and fund wildfire
mitigation on neighboring public lands.
The following table (Table 19) describes the major issues identified in the assessment process as well as
existing or potential capital and programmatic Best Management Practices (BMPs) that target each
particular issue. It is not an exhaustive list, and the intention is for it to serve as a living/aspirational
document to help identify and prioritize funding and implementation for SWAP-related actions. Best
Management Practices are the set of actions that may be implemented in the source water protection
area to mitigate or reduce risks posed by Potential Sources of Contaminants. BMPs may be structural
(tangible/physical engineering solutions such as stormwater infrastructure or forest thinning), or
programmatic (policy actions such as designating a setback from wellheads for application of chemicals).
BMPs and actions have been identified through a variety of methods including expert knowledge of
ERSWD staff or local government staff, knowledge or review of industry best practices, and
stakeholder/partner elicitation and discussion. Priorities and rankings may change over time based on
new information or changing contaminant threats.
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Issue Sub-issue
Priority
Ranking
Best
Management
Practices
Responsible
Entity
Status
(Incomplete/
Partial/
Complete)
Estimated
Costs (if
project
development
has occurred)
Potential
Funding
Sources
Transportation
corridors
Stormwater
runoff:
sediment and
salinity
Engage CDOT
planning
processes for
SCAP
update/impleme
ntation sediment
capture, salinity
and aquatic life
monitoring.
Identify zones of
especially high
sediment load
generation or
sensitive areas
for targeted
protections.
CDOT, TOV,
ERWSD,
ERWC,
CDPHE
In-progress
Spill release Maintain and
update spill
response plan.
Participate in
joint incident
scenarios with
CDOT/Colorado
State Patrol/TOV.
ERWSD,
TOV, CDOT,
EC, Colorado
State Patrol
Complete
Support WVP
safety
improvements
(curve
realignment, etc.)
to reduce
incident
frequency.
CDOT In-progress
Outreach to first
responders to
understand water
impacts of spill
incidents and
rapid notification.
TOV,
Colorado
State Patrol,
EC
Characterize
surface-
groundwater
connections
(groundwater
movement rates)
in the wellfield
area.
ERWSD Complete
(GWUDI study
by Leonard
Rice
Engineers)
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Issue Sub-issue
Priority
Ranking
Best
Management
Practices
Responsible
Entity
Status
(Incomplete/
Partial/
Complete)
Estimated
Costs (if
project
development
has occurred)
Potential
Funding
Sources
Wildfire/Forest
health
Fuels
reduction and
forest health
projects
(thinning,
critical
breaks)
Participate in
ongoing county
(ECO), municipal
(TOV) and/or
federal (USFS)
processes for
forest health
planning, wildfire
assessment, and
mitigation.
Participate in
funding and
implementation
decisions to help
prioritize fuels
reduction near
reservoir
infrastructure.
USFS, TOV,
ECO,
Colorado
State Forest
Service,
ERWSD
Partial
Reservoir
safety and
remote
monitoring
equipment
integrity
Define vegetation
setback targets
for critical water
resource
infrastructure.
Promote fuels
reduction
projects near
reservoirs as a
priority.
TOV, ERWSD Partial
Ensure access is
prepared and
ready for critical
events.
TOV, ERWSD Complete
Dispersed land
use practices/
chemical use
Support TOV
education
outreach
campaigns
(Restore The
Gore; Project Re-
Wild, Creekside
Landscaping
outreach).
TOV Partial
Operational
fuels and
chemical
storage
Incomplete
understandin
g of current
BMP status
Catalog existing
BMPs or update
BMP records.
TOV, VR,
private
Location near
sensitive
resources
Contemplate
location/relocatio
n as needed if
proximity to
water resources
Various
218
45 | ERWSD Source Water Protection Plan
Issue Sub-issue
Priority
Ranking
Best
Management
Practices
Responsible
Entity
Status
(Incomplete/
Partial/
Complete)
Estimated
Costs (if
project
development
has occurred)
Potential
Funding
Sources
is considered
problematic.
Riparian
management
Water quality
protection/
runoff
attenuation
Support TOV
Project Re-Wild
goals and
implementation.
TOV Partial
Hydrogeo-
morphic
issues (bank
stability)
Promote robust
woody
vegetation
preservation/rest
oration/enhance
ment near
wellheads.
Consider
green/soft
armoring
techniques when
necessary.
TOV,
ERWSD, VRD
Golf Course Chemical
applications
in wellhead
Sensitivity
Zone 1
Understand/work
with VRD to
calibrate
application rates
for fertilizers and
pesticides to
reduce
movement
beyond the
vadose zone into
water tables.
Establish
sensitive
wellhead
protection zones
that may have
additional
restrictions or
prohibitions such
as a ‘no-spray
zone’ on certain
chemical uses.
VRD,
ERWSD, TOV
Near-surface
groundwater
monitoring
Conduct ongoing
near-surface
groundwater
monitoring for
nutrients and
selected organic
chemicals
(pesticide/herbici
de) in Sensitivity
Zone 1.
VRD, ERWSD
219
46 | ERWSD Source Water Protection Plan
Issue Sub-issue
Priority
Ranking
Best
Management
Practices
Responsible
Entity
Status
(Incomplete/
Partial/
Complete)
Estimated
Costs (if
project
development
has occurred)
Potential
Funding
Sources
Riparian
conditions for
geomorphic
stability and
protection of
wellhead
infrastructure
Support TOV
work on riparian
vegetation
conditions near
wellfield.
TOV, VRD,
ERWSD
Wellfield
flooding
Wellheads in
Zone AE (100-
year
floodplain) or
in Fluvial
Hazard Zone
Protect
floodplain extent
from
development and
redevelopment.
Consider re-
location of R4
outside of FEMA
zone AE at end-
of-lifecycle.
Consider an
elevated
wellhead facility.
ERWSD,
TOV, VRD
Table 19. Existing and recommended Best Management Practices (BMPs).
220
47 | ERWSD Source Water Protection Plan
6 APPENDICES
1. Full Potential Sources of Contamination Inventory
221
1 | ERWSD Source Water Protection Plan: Appendix 1: Potential Sources of Contamination Inventory
Appendix 1. Potential Sources of Contamination Inventory
(Last updated 11/2020. Available as spreadsheet)
Entity Contaminant Contaminant
type
Contaminant
Risk Category
Contaminant
Type
Location
Description Address Quantity Units SDS Available Data Source Tank FacID SWP Zone Probability
of Impact Probability Score Impact Level Impact Score Risk Score Risk Control Level Existing BMP Recommended BMP
Public Wildfire
Infrastructur
e damage,
sediment,
pollutants
Wildfire Dispersed/n
on-point
Watershed
wide Community wildfire plan and TOV
datasets SW2 possible 3 significant 3 9 Moderate none Fuels reduction plan
implementation in progress
Public
Highway
chemical
spill
Chemicals,
non-fuel
Transportati
on/roads
Dispersed/n
on-point
Any in
vicinity of
R4, R2/R6,
or R7
GW1, GW2, GW3 unlikely 2 significant 3 6 Moderate none
ERWSD Highway spill response
plan, spill response/HAZMAT
plan and training Vail Fire Dept,
spill response CDOT
Private
ISDS;
pathogens in
surface and
groundwater
from
leaky/old/in
appropriate
systems
Pathogens OWTS Dispersed/n
on-point
unknown
number and
location in
TOV
GW2 rare 1 insignificant 1 1 Very Low none
CDOT Diesel Fuel Operational
storage
Discrete/poi
nt
CDOT Vail
Pass 6000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
1760 rare 1 insignificant 1 1 Very Low indirect
ERWSD
Sodium
Hypochlorite
NAClO
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt GVDWF Y self inventory GW1 rare 1 minor 2 2 Very Low direct
ERWSD Carus 4200 Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt GVDWF 90 gal y self inventory GW1 rare 1 minor 2 2 Very Low direct
Stored on a secondary
containment pallet- low risk of
dispersal
ERWSD
Calcium
Hypochlorite
Tablets
(Ca(ClO)2)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R7 240 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Stored in locked buckets. Low
risk of dispersal
ERWSD
Sodium
Fluoride
(NaF)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R7 300 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct
Stored on a secondary
containment pallet- dry bags.
Low risk of dispersal
ERWSD Carus 4200 Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R7 90 gal y self inventory GW1 rare 1 minor 2 2 Very Low direct
Stored on a secondary
containment pallet. Low risk of
dispersal
ERWSD
Calcium
Hypochlorite
(Ca(ClO)2)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R1 180 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Stored in locked buckets. Low
risk of dispersal
ERWSD
Sodium
Fluoride
(NaF)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R1 200 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Stored on an elevated pallet,
dry bags. Low risk of dispersal
ERWSD Carus 4200 Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R1 60 gal y self inventory GW1 rare 1 minor 2 2 Very Low direct
Stored on a secondary
containment pallet. Low risk of
dispersal
ERWSD
Calcium
Hypochlorite
(Ca(ClO)2)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R2/R6 720 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct
Stored in locked buckets and
placed on a secondary
containment pallet. Low risk of
dispersal
ERWSD
Sodium
Fluoride
(NaF)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R2/R6 300 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Dry bags- Stored on an elevated
pallet- low risk of dispersal
ERWSD Carus 4200 Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R2/R6 90 gal y self inventory GW1 rare 1 minor 2 2 Very Low direct
Stored on a secondary
containment pallet. Low risk of
dispersal
ERWSD
Calcium
Hypochlorite
(Ca(ClO)2)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R4 240 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Stored in locked buckets. Low
risk of dispersal
ERWSD
Sodium
Fluoride
(NaF)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R4 250 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Dry bags stored on an elevated
pallet- low risk of dispersal
ERWSD Carus 4200 Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt R4 90 gal y self inventory GW1 rare 1 minor 2 2 Very Low direct
stored on a secondary
containment pallet- low risk of
dispersal
ERWSD
Calcium
Hypochlorite
(Ca(ClO)2)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt WV7/WV8 120 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Stored in locked buckets
ERWSD
Sodium
Fluoride
(NaF)
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt WV7/WV8 200 lbs y self inventory GW1 rare 1 minor 2 2 Very Low direct Stored on an elevated pallet
ERWSD
Security/van
dalizm/dam
age to
source water
infrastructur
e
Infrastructur
e damage Security Dispersed/n
on-point all self inventory GW1 rare 1 major 4 4 Low direct
Private LPG Fuel Operational
storage
Discrete/poi
nt
West Vail
Conoco
2154 S
Frontage Rd 500 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
3298 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
West Vail
Conoco
2154 S
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
3298 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Premium
(PUL)
Fuel Operational
storage
Discrete/poi
nt
West Vail
Conoco
2154 S
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
3298 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
West Vail
Conoco
2154 S
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
3298 rare 1 minor 2 2 Very Low indirect
222
2 | ERWSD Source Water Protection Plan: Appendix 1: Potential Sources of Contamination Inventory
Entity Contaminant Contaminant
type
Contaminant
Risk Category
Contaminant
Type
Location
Description Address Quantity Units SDS Available Data Source Tank FacID SWP Zone Probability
of Impact Probability Score Impact Level Impact Score Risk Score Risk Control Level Existing BMP Recommended BMP
Private Diesel Fuel Operational
storage
Discrete/poi
nt
West Vail
Conoco
2154 S
Frontage Rd 10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
3298 rare 1 minor 2 2 Very Low indirect
Private Waste Oil Chemicals,
combustible
Operational
storage
Discrete/poi
nt
West Vail
Conoco 550 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
3298 rare 1 insignificant 1 1 Very Low indirect
Private
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
Vail 66
Service 10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
1945 rare 1 minor 2 2 Very Low indirect
Private Diesel Fuel Operational
storage
Discrete/poi
nt
Vail 66
Service 10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
1945 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Premium
(PUL)
Fuel Operational
storage
Discrete/poi
nt
Vail 66
Service 12000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
1945 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Premium
(PUL)
Fuel Operational
storage
Discrete/poi
nt
West Vail
Shell
2313 N
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10133 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
West Vail
Shell
2313 N
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10133 rare 1 minor 2 2 Very Low indirect
Private
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
West Vail
Shell
2313 N
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10133 rare 1 minor 2 2 Very Low indirect
Private Diesel Fuel Operational
storage
Discrete/poi
nt
West Vail
Shell
2313 N
Frontage Rd 8000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10133 rare 1 insignificant 1 1 Very Low indirect
Town of Vail
Magnesium
chloride
tank
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt Public works 1309
Elkhorn Dr 10,000 gal self-inventory rare 1 insignificant 1 1 Very Low indirect Double walled tank
Town of Vail Gas Fuel Operational
storage
Discrete/poi
nt Public works 1309
Elkhorn Dr 12000 gal self-inventory rare 1 insignificant 1 1 Very Low indirect
Double-walled underground
tanks with leak sensors in
interstitial space. Curb
containment for spills on
surface
Town of Vail Diesel Fuel Operational
storage
Discrete/poi
nt Public works 1309
Elkhorn Dr 12000 gal self-inventory rare 1 insignificant 1 1 Very Low indirect
Town of Vail Used oil,
indoor tank Fuel Operational
storage
Discrete/poi
nt Public works 1309
Elkhorn Dr 300 gal self-inventory rare 1 insignificant 1 1 Very Low indirect Double-walled tanks
Town of Vail
Used oil,
outdoor
tank
Fuel Operational
storage
Discrete/poi
nt Public works 1309
Elkhorn Dr 500 gal self-inventory rare 1 insignificant 1 1 Very Low indirect
Town of Vail
Bulk oil
storage,
diesel and
5w30
Chemicals,
combustible
Operational
storage
Discrete/poi
nt
Indoors at
public works
1309
Elkhorn Dr 375 gal self-inventory rare 1 insignificant 1 1 Very Low indirect
Sit in a room with a
containment pit and barrier at
the door
Town of Vail Diesel
exhaust fluid Fuel Operational
storage
Discrete/poi
nt
Near fuel
island at
Public Works
1309
Elkhorn Dr 1000 gal Urea self-inventory rare 1 insignificant 1 1 Very Low indirect Tank sits inside separate plastic
containment tub
Town of Vail
Flammable/
caustic
chemical
cabinets
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt
20 separate cabinets in
carpenter bay, sign shop, fleet
bay, landscaping bay and
streets bay
gal self-inventory rare 1 insignificant 1 1 Very Low indirect Closed and locked cabinets
Town of Vail Propane
cage Fuel Operational
storage
Discrete/poi
nt Locked cage gal self-inventory rare 1 insignificant 1 1 Very Low indirect Closed and locked cage
Town of Vail Diesel Fuel Operational
storage
Discrete/poi
nt
Vail Central
Office 1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
9527 rare 1 minor 2 2 Very Low indirect
Vail Fire
Department
Class B
firefighting
foams with
PFAS
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt Station 2 50 gal self inventory rare 1 insignificant 1 1 Very Low indirect
Vail Fire
Department
Class B
firefighting
foams with
PFAS
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt Station 1 50 gal self inventory rare 1 insignificant 1 1 Very Low indirect
Vail Fire
Department
Class B
firefighting
foams with
PFAS
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt Station 3 50 gal self inventory rare 1 insignificant 1 1 Very Low indirect
Vail Health Diesel - #2 Fuel Operational
storage
Discrete/poi
nt
Vail Valley
Medical
Center
6000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
2478 rare 1 insignificant 1 1 Very Low indirect
Vail Health Diesel Fuel Operational
storage
Discrete/poi
nt
Undergroun
d storage
tank
22000 gal self inventory rare 1 insignificant 1 1 Very Low indirect
Vail Health Diesel Fuel Operational
storage
Discrete/poi
nt
Above
Ground
storage tank
6000 gal self inventory rare 1 insignificant 1 1 Very Low indirect
Vail Health
Firefighting
foam, non-
PFAS
Chemicals,
non-fuel
Operational
storage
Discrete/poi
nt Heli pad 100 gal self inventory rare 1 minor 2 2 Very Low indirect
Vail
Recreation
District
Fertilizers,
various
formulations
of both
granular and
liquid
Chemicals,
non-fuel
Non-
residential
land use
practices
Discrete/poi
nt
Storage garage and chemical
storage building at 1278 Vail
Valley Drive
gal y self inventory unlikely 2 minor 2 4 Low indirect
Storage garage and chemical
storage building at 1278 Vail
Valley Drive
223
3 | ERWSD Source Water Protection Plan: Appendix 1: Potential Sources of Contamination Inventory
Entity Contaminant Contaminant
type
Contaminant
Risk Category
Contaminant
Type
Location
Description Address Quantity Units SDS Available Data Source Tank FacID SWP Zone Probability
of Impact Probability Score Impact Level Impact Score Risk Score Risk Control Level Existing BMP Recommended BMP
Vail
Recreation
District
Herbicides,
Fungicides,
Growth
regulators,
Wetting
Agents
Chemicals,
non-fuel
Non-
residential
land use
practices
Discrete/poi
nt
Chemical
Storage
building at
1278 Vail
Valley Drive
1278 Vail
Valley Drive gal y self inventory unlikely 2 minor 2 4 Low indirect Chemical Storage building at
1278 Vail Valley Drive
Vail
Recreation
District
Golf course
maintenance
products;
various. Oil,
solvents,
engine
coolant etc
Chemicals,
non-fuel
Non-
residential
land use
practices
Discrete/poi
nt
Equipment
Manager
shop of
Maintenanc
e Facility at
1278 Vail
Valley Drive
1278 Vail
Valley Drive gal y self inventory unlikely 2 minor 2 4 Low indirect
Equipment Manager shop of
Maintenance Facility at 1278
Vail Valley Drive
Vail
Recreation
District
Fuel,
unleaded
and diesel
Fuel Operational
storage
Discrete/poi
nt
Fuel station
at
maintenanc
e facility at
1278 Vail
Valley Drive
1278 Vail
Valley Drive 500 gal y self inventory unlikely 2 minor 2 4 Low indirect Fuel station at maintenance
facility at 1278 Vail Valley Drive
Vail
Recreation
District
Diesel/Gasol
ine (Multi-
Comp)
Fuel Operational
storage
Discrete/poi
nt
Vail
Recreation
Golf Course
Maintenanc
e Facility
1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
2545 rare 1 minor 2 2 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Ski
Patrol PHQ -
Collett
20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7633 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Ski
Patrol PHQ -
Collett
20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7633 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
Vail Ski
Patrol PHQ -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7633 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Ski
Patrol Far
East- Collett
20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
18468 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Ski
Patrol Far
East- Collett
20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
18468 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Riva
Bahn Chair 6 1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
17607 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt Town Of Vail 12000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
6184 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel Fuel Operational
storage
Discrete/poi
nt Town Of Vail 12000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
6184 rare 1 minor 2 2 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel Fuel Operational
storage
Discrete/poi
nt
Vail Game
Creek Chair
7
1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
17608 rare 1 minor 2 2 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Gondola #1
1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
19322 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Gondola #1
1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
19322 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Snow
Summit -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7070 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
Vail Snow
Summit -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7070 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
Vail Snow
Central -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7074 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Snow
Central -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7074 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Snow
Central -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7074 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Ledges -
Collett
30000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
16110 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Ledges -
Collett
30000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
16110 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Ledges -
Collett
30000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
16110 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
224
4 | ERWSD Source Water Protection Plan: Appendix 1: Potential Sources of Contamination Inventory
Entity Contaminant Contaminant
type
Contaminant
Risk Category
Contaminant
Type
Location
Description Address Quantity Units SDS Available Data Source Tank FacID SWP Zone Probability
of Impact Probability Score Impact Level Impact Score Risk Score Risk Control Level Existing BMP Recommended BMP
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Ledges -
Collett
30000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
16110 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail
Mountain
Ledges -
Collett
30000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
16110 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Eagles
Nest 10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
18393 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Kerosene Fuel Operational
storage
Discrete/poi
nt
Vail Eagles
Nest 3000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
18393 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Eagles
Nest -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7066 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Eagles
Nest -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7066 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Eagles
Nest -
Collett
10000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
7066 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Pride
Chair 26 1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
17604 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel - Dyed
#2 Fuel Operational
storage
Discrete/poi
nt
Vail Born
Free Chair 8 1000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
17609 rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel Fuel Operational
storage
Discrete/poi
nt
Vail Vehicle
Maintenanc
e - Collett
862 S
Frontage Rd 20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10500 rare 1 minor 2 2 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts
Gasoline -
Unleaded
Regular
(RUL)
Fuel Operational
storage
Discrete/poi
nt
Vail Vehicle
Maintenanc
e - Collett
862 S
Frontage Rd 20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10500 rare 1 minor 2 2 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts Diesel Fuel Operational
storage
Discrete/poi
nt
Vail Vehicle
Maintenanc
e - Collett
862 S
Frontage Rd 20000 gal
https://opus.c
dle.state.co.us
/OIS2000/hom
e.asp
10500 rare 1 minor 2 2 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
Vail Resorts super crop
fertilizer
Chemicals,
non-fuel
Non-
residential
land use
practices
Discrete/poi
nt
mountainwi
de usage self-inventory rare 1 insignificant 1 1 Very Low none
Double walled tanks, Secondary
containment, automated leak
detection
USFS
Fecal
coliform
bacteria,
non-system
waste
disposal
facility
Pathogens OWTS Dispersed/n
on-point
Gore Creek
Campground
Big Horn
Road self inventory 1 rare 1 insignificant 1 1 Very Low none
maintain USFS inspection and
maintenance schedule for
facility
Town of Vail
Fecal
coliform
bacteria, pet
waste
Pathogens Recreation,
pets
Dispersed/n
on-point Bighorn Park E Meadow
Dr self inventory rare 1 minor 2 2 Very Low indirect Free pet waste bags and
disposal
Town of Vail
Fecal
coliform
bacteria, pet
waste
Pathogens Recreation,
pets
Dispersed/n
on-point
Stephen's
Park
South
Frontage
Road
self inventory rare 1 minor 2 2 Very Low indirect Free pet waste bags and
disposal
Private
Home use
chemicals,
lawn and
garden
Chemicals,
non-fuel
Residential
practices
Dispersed/n
on-point n/a rare 1 insignificant 1 1 Very Low indirect
Overlaps with
education/outreach campaigns
for existing programs like
Restore The Gore
ERWSD
Flooding of
intake or
well
infrastructur
e
Infrastructur
e damage Flooding Discrete/poi
nt
East Vail
well heads,
R7, R2/6, R4
self inventory unlikely 2 minor 2 4 Low indirect
Private Illicit
discharges Pathogens multiple/unknown, generally
on town reach near hotels etc
225
226
AGENDA ITEM NO. 9.2
Item Cover Page
DATE:June 6, 2023
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 11, Series 2023, Second Reading, An Ordinance of
the Town Council Amending Section 1-5-11(A)(1) of the Vail
Town Code Regarding Meetings of the Town Council
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 11,
Series 2023 upon second reading.
PRESENTER(S):Matt Mire, Town Attorney
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Meetings-O051123.docx
227
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ORDINANCE NO. 11
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO AMENDING SECTION 1-5-11(A)(1) OF THE VAIL TOWN
CODE REGARDING MEETINGS OF THE TOWN COUNCIL
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1.Section 1-5-11(A)(1) of the Vail Town Code is hereby amended as
follows:
§ 1-5-11 REGULAR AND SPECIAL COUNCIL MEETINGS.
(A)Regular meetings.
(1)Time and place. The Council shall meet regularly at least twice
monthly at a day and hour to be fixed by the rules of the Council. The
meeting time shall be established at the Town Council’s first organizational
meeting to be held within seven days from the election as described in §1-
5-2 of this chapter.
***
Section 2.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3.The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4.The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
228
2
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of May, 2023 and a
public hearing for second reading of this Ordinance set for the _____day of
______________, 2023, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
229