Public hearing to special meeting

Green Mountain PUD leads to July 26 Planning & Zoning Meeting

The July 12 public hearing for the Green Mountain ski area zone change was packed full of citizens voicing their concerns for the development.  Representatives from Brush Creek Ranch presented their case to the Carbon County Planning Commission for a zone amendment from Residential to Planned Unit Development (PUD). While the majority of public comments were about water concerns, there also appeared to be an underlying culture war sentiment in regards to the application.

The hearing began with Planning Director Sarah Brugger providing background on the PUD. Under the staff comments section, Brugger recomended the commission should explicitly include the exemptions requested if the commission recommends approval of the PUD.

Next, representatives from Brush Creek Ranch gave a presentation regarding their proposal. The representatives also addressed many of the concerns from the public. One of the main themes in the presentation was the fact the PUD has a much more conservative plan compared to the 285 buildings originally approved by the Carbon County Commissioners in 2001. The PUD was stated to be a long term plan, containing everything Brush Creek would like to do with the property in 20 years. The representatives also addressed concerns with watershed protection, septic tank pollution and wildlife impact among various other issues.

The watershed issue was discussed at length, with Brush Creek going in depth on their plans and prevention strategies.  A watershed protection plan was presented, which included continued monitoring of water quality. It was stated the engineers for the project will work to ensure the continued protection of the area.

A wildlife stewardship plan was discussed, with representatives stating it would increase the amount of wildlife in the area.

On the issue of helicopter noise, the representatives stated there would be minimal impact as the helipad would only be used for emergency use. The PUD lists the helipad for emergency and guest use.  The representatives clarified it will be used in emergencies only.

The representatives stated the property will be self contained and have no impact on property taxes in the Valley.

Finally, the economic benefit of the development was discussed.  Brush Creek stated they already add $9 million of revenue per year to the Valley, and the ski operation would increase that amount. They also discussed electric power, relationship with the forest service, and increased traffic.

Next, Chairman Richard Wilson opened the public comments section of the hearing. Public comments were limited to five minutes per comment. A total of 28 people spoke to the council, most voicing their concerns to the commission.

The majority of concerns were regarding watershed protection and septic tanks. Greg Salisbury, mayor of Encampment, noted the issue of water quantity and how major depletion could affect the Valley. Many requests were made for long-term water quality monitoring. It was noted the studies used in the PUD were from 2001 and needed to be updated. Issues with well and septic tank engineering were also raised, with many concerned it would affect the Town of Encampment water supply. Several members of the public suggested creating an assurance bond with Brush Creek Ranch.

In researching water concerns, the Sun discovered Brush Creek Ranch has a total of 33 Environmental Protection Agency (EPA) violations. According to the EPA website, the property has had three significant violations, 12 quarters of noncompliance, and two formal enforcement actions in five years. The facility was also an enforcement priority in the last quarter. The major violations listed were in regards to the Safe Drinking Water Act (SDWA).

In 2020, Brush Creek Ranch was given an Administrative Order from the EPA for maximum containment level (MCL) of nitrate. The MCL specifies the highest concentration of contaminants or disinfectants allowed in drinking water. Brush Creek Ranch was in violation of having 13 grams of nitrate per liter of water, compared to the state standard of 10 grams per liter. Previous violations also include failure to conduct regular monitoring of drinking water quality.  (The full facility report can be found at https://echo.epa.gov/detailed-facility-report?fid=110050772133#summary110050772133).

The Sun contacted Brush Creek for comment but as of press time none had been received.

*Editor's Note: After the Sun had gone to press, the following response was received from Brush Creek Ranch.

"These notices relate to the regular monitoring of the water supply systems on our property to help ensure the continued safety for our guests and associates.

These have been resolved, and again tested and confirmed by the EPA and Wyoming Department of Environmental Quality.

Any wells associated with Green Mountain and the proposed PUD will be properly designed for use, and permitted through the Department of Environmental Quality and the EPA, who then monitor ongoing compliance with all safe drinking water requirements.

These notices do not relate to wastewater or wastewater disposal systems. All wastewater disposal systems are routinely maintained by local professionals, and the same standard of care will be applied at Green Mountain. Those wastewater disposal systems requiring semi-annual testing for permit requirements and are sampled by a third-party. Results are submitted to Department of Environmental Quality for inclusion in annual reports to EPA."

This response will also be included in the July 28 Saratoga Sun with a separate article.*

Issues were also raised with emergency responses, wildlife, architectural themes, past behavior of Brush Creek Ranch and increased tourism.

In a public comment, Encampment resident Nancy Anderson stated “I don’t want this to become another Steamboat”.

The commission also received 14 letters for the PUD. They had similar sentiments to the public comments presented in the hearing.  

After the public comments concluded, the commission discussed the information presented. Commission member Jay Grabow stated he believed lot of the concerns were not planning and zoning related. He recommended the commission approve the PUD to the Carbon County Commissioners, and the public could present their concerns to the county commissioners when they discuss the PUD. 

Grabow made a motion to recommend the zone change to the county commissioners, as presented with staff comments. The motion failed to pass.

The commission said they felt uncomfortable approving the PUD without having time to review public comments. A special meeting was scheduled to discuss the matter further. The special meeting will be held at at 10 a.m. July 26, 2021 in the Carbon County Courthouse in Rawlins.

 

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