02-27-2018 Draft Environmental Impact Statement for Berlaimont Estates Access Projectell
Avon
COLORADO
February 27, 2018
Berlaimont Estates Road Access Project Draft EIS
Scott Fitzwilliams, Forest Supervisor
c/o Matt Klein, Project Leader
24747 US Hwy 24 - PO Box 190
Minturn, CO 81645
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
RE: DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR BERLAIMONT ESTATES ACCESS PROJECT
Dear Mr. Fitzwilliams and Mr. Klein,
On behalf of the Town of Avon, I appreciate the opportunity to comment on the Draft Environmental Impact
Statement for the Berlaimont Estates Access Project, and specifically regarding Berlaimont's proposal to
construct a new parking lot on FSR 774, known locally as the Berry Creek Road. The new parking lot is shown
in Attachment 1.
While the Town supports a parking lot at this higher elevation, which can serve motorized vehicles year-
round, the Town asks that the parking lot be delayed or not approved until the NEPA review is completed for
FSR 779. Our request is founded on the following information.
As your office is aware, the Town of Avon, after FSR 779 was closed to winter use by motorized vehicles,
reached agreement with the USFS, through a Memorandum of Understanding, dated July 21, 2014, to review
the decision. Even though the Town has continuously requested the MOU be implemented, the review has
still not been scheduled or funded. Attachment 2 provides the correspondence on the requests.
The Town is concerned if the Berlaimont FSR 774 parking lot is approved and constructed, an open and
comprehensive review of FSR 779, for winter motorized access, may be precluded prior to a NEPA review.
The White River National Forest District Office has made the Town aware that a winter wildlife study needs
to be completed to correctly determined whether one or both access roads may be used in the winter,
including additional off-street parking.
We respectfully ask that the NEPA review for FSR 779 be scheduled as part of the White River National Forest
2019 work program. In addition, we recommend, to assure that all options have been exhausted for winter
motorized access, concurrent review of the potential for a new parking area accessed from FSR 717.1B on the
west side of Wildridge. Parking lot development at this site could result in several less miles of forest road
leading to June Creek Road, minimized impacts to wildlife, and a better overall winter recreation experience
for all ability levels. The Town is prepared to work expeditiously with you to address this important matter.
$cerely,
or n�ancher
Town of Avon
Attachment 1: FSR 774 New Parking Lot
Attachment 2: Summary of Town Correspondence
cc: Avon Town Council
ATTACHMENT 2
SUMMARY OF TOWN CORRESPONDENCE
From: Matt Pielsticker
Sent: Monday, October 16, 2017 9:51 AM
To: Mayville, Aaron W -FS <awmayville@fs.fed.us>
Cc: Virginia Egger <vegger@avon.org>
Subject: RE: USFS 779
Aaron
From our last conversation it became clear that 779 would not be included in the Berlaimont project
study. There are no updates on the USFS Berlaimont webpage; understanding that it is moving forward
independently, could you give us any sense on where 779 is placed in your queue? Did you meet with
your supervisor to go over where 779 stands in your master work list?
Thanks
Matt
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.avon.ora
/�
J�*�1, Y
From: Matt Pielsticker
Sent: Tuesday, May 09, 2017 10:32 AM
To: Mayville, Aaron W -FS
Cc: Avon Council Web; Virginia Egger; 'lancetrujillo24@gmail.com'
Subject: USFS 779
Aaron,
Please find the attached letter and correspondence requesting action and updates on USFS 779.
Thank you,
Matt
Matt Pielsticker, AICP
Planning Director
Town of Avon
970.748.4413
www.ayon.orq
A
Avon
,Vo n
COLORADO
DISTRIBUTION VIA EMAIL
May 9, 2017
Aaron Mayville, District Ranger
United States Forest Service
White River National Forest, Eagle -Holy Cross Ranger District
24747 US Hwy 24, PO Box 190
Minturn, CO 81645
awmayville@fs.fed.us
Dear Aaron,
Post Office Box 975
One Lahe street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
Thank you for speaking recently on the telephone and providing an update regarding the Berlaimont
project. It is my understanding that Berlaimont is in the heart of the National Environmental Policy
(NEPA) process, and alternative development (access) options are currently being created for
further evaluation this summer. Additionally, a draft analysis is expected this fall to assess the
alternative access options.
Independent of the Berlaimont study, the Town respectfully requests that review by the USFS of year-
round vehicle access and road improvements on Metcalf Creek Road (USFR 779) be commenced.
This letter follows a November 7, 2016 comment letter provided by the Town and attached hereto.
The Town requests year-round access for all vehicles, bicycles, horse and foot traffic be provided for
USFR 779, except during any appropriate US Forest Service closure. The Town also remains committed
to retaining the June Creek access in the winter as the reinstatement of USFR 779.
This request includes a review of year-round vehicle access and road improvements on USFR 779 and
emanates from our Memorandum of Understanding, dated July 1, 2014, which is also attached
The Town appreciates your timely consideration of this proposal and honoring of the Memorandum
of Understanding. It is the Town's desire to move forward with analysis and budgeting of any
potential upgrades to USFR 779 as contemplated in the Memorandum of Understanding.
Please include me as the Town's primary contact for the Berlaimont project and the USFR 779 study.
With Appreciation,
Matt Pielstic er, AICP
Town of Avon Planning Director
Attachments: November 7, 2016 Comment Letter
July 1, 2014 Memorandum of Understanding
CC: Avon Town Council
Town Manager Virginia Egger
Lance Trujillo, Holy Cross Powderhounds
Avon
COLORADO
November 7, 2o16
Scott Fitzwilliams, Forest Supervisor
c/o Matt Klein, Realty Specialist
White River National Forest
24747 US Hwy 24,
PO Box 190
Minturn, CO 81645
RE: COMMENT PERIOD FOR BERLAIMONT ESTATES ROAD ENHANCEMENT PROJECT
Dear Mr. Fitzwilliams and Mr. Klein,
Post Office Box 975
One Labe Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
On behalf of the Town of Avon, I appreciate the opportunity to comment on the Berlaimont Estates
Road Enhancement Projects, and specifically in regards to Berlaimont's proposal to improve a segment
of the existing N FSR 774, known locally as the Berry Creek Road. On August 6th, the Town Council sent
the attached letter to the United States Forest Service, requesting the Forest Service begin its review of
"year-round vehicle access and road improvements on Metcalf Creek Road" (USFR 779), which
emanated from the Memorandum of Understanding, dated July 1, 2014, enclosed with the letter.
The Town of Avon is aware that today the only permitted year-round snowmobile access available, in a
reasonable distance, is via NFSR 774. Respectfully, the Town asks that during the Berlaimont Road
Enhancement review and preparation of alternatives, comprehensive consideration be given by the
USFS to Town's letter of August 6th, to the needs of snowmobile access and trail connections.
Finally, the Avon public has a strong interest in trail development and retention. I believe extending the
review period would allow needed time for Town Council meeting notice and outreach to our residents
regarding the Berlaimont project, and, as such, I request an extension be considered by the USFS.
The Town is prepared to work expeditiously with all parties to address this important matter.
Sincerely,
Mayor Jennie Fancher
Town of Avon
Attachment: August 7th Letter
cc: Avon Town Council
ATTACHMENT
.4V ® n
COLORADO
DISTRIBUTION TO ALL PARTIES VIA EMAIL
August 9, 2o16
Acting District Ranger Aaron Mayville
United States Forest Service
White River National Forest, Eagle -Holy Cross Ranger District
24747 US Hwy 24, PO Box 190
Minturn, CO 81645
aw a_yville s.fed.us
Dear Aaron,
Post Office Box 975
One Lake Street
Avon, CO 81620
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
On behalf of the Town of Avon, I am proposing year-round access for all vehicles, bicycles, horse and
foot traffic be provided for FSR 7-779 (Metcalf Creek Road), except during any appropriate US Forest
Service closure. This request includes a review of year-round vehicle access and road improvements on
Metcalf Creek Road and emanates from our Memorandum of Understanding, dated July 1, 2014, which
is attached as an Attachment. As part of the Metcalf Creek Road access assessment, the Town
respectively asks the US Forest Service include the potential for constructing the needed parking area,
for the access, on US Forest Service land.
The Town understands that the US Forest Service shall consider this proposal for a Federal action under
the National Environmental Policy Act within a reasonable timeframe.
Upon a positive determination for year-round access and the location of parking, the Town of Avon is
prepared to propose improvements to Tract 1, including construction of off-street parking spaces, and
potential realignment of the Metcalf Creek Road to address drainage and rutted sections. Long term
maintenance, signage and other development issues, which are identified, can be expected to be
addressed in an agreement with the US Forest Service.
The Town appreciates your timely consideration of this proposal. Please let us know that it has been
received and any indication of the estimated review period. As you are aware, this has been a long
discussed opportunity and is important to the Avon citizenry.
S' cerely,
tej
ayor envie Fancher
Town of Avon
Attachment: Memorandum of Understanding
cc: Avon Town Council
ATTACHMENT 1
FSA cement Number 14 -MU -I ID2ISW-D75
Caopcmtor Agreement
Number
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into between the
Town of Avon ("Avon"), a home rule municipality, and the USDA Forest Service ("U.S. Forest
Service") on July 2I, 2014, 2014.
RECITALS
Avon and the U.S. Forest Service entered into a Negotiated Resolution, dated July 5, 2011,
concerning Appeal Number 11-02-00-0044 (215) which contemplated that the Town of Avon
and White River National Forest would seek to develop a MOU to address issues associated with
FSR 7-779 ("Metcalf Creek Road"), Exhibit A.
UNDERSTANDING OF PARTIES
1. Avon shall propose improvements to Tract I, Wildridge Subdivision, owned by Avon
("Tract I"), including construction of off-street parking spaces, potential realignment of
Metcalf Creek Road as it crosses Tract 1, regrading rutted road sections, and drainage
improvements.
2. Avon shall propose year-round access for all vehicles, bicycles, horse and foot traffic, except
during any appropriate U.S. Forest Service closures.
3. U.S. Forest Service shall consider Avon's proposal for a Federal action under the National
Environmental Policy Act (NEPA).
4. Avon and U.S. Forest Service shall strive to complete the review and decision for
improvements to Metcalf Creek Road and, year-round vehicle access on Metcalf Creek Road
within a reasonable timeframe.
S. Avon and U.S. Forest Service shall consider and seek to develop, if appropriate, an on-going
Instrument for Metcalf Creek Road that addresses maintenance responsibilities, signage and
other issues as deemed appropriate.
6. Avon and U.S. Forest Service agree that this MOU creates no right, benefit, or trust
responsibility, substantive or procedural, enforceable by law or equity and further agree that
this MOU does not create any obligation of either party to expend funds, perform actions or
transfer anything of value.
7. This MOU is executed as of the date of the last signature and is effective through five years
at which time it will expire, unless extended by an executed modification, signed and dated
by all properly authorized, signatory officials,
AVON: U.S. FORESTS RVICE:
Rich Carroll, Mayor, Town of Avon David Neely, District Ranger
Eagle -Holy Cross Ranger District
The Authority and Format of this
Instrument has been reviewed
and approved for signature
Grants an nts D8 e
specs st VVVVVV
Appeal Number: 11-02-00-0044 (215)
Appellant: Rich Carroll, Town of Avon
Date Received: June 20, 2011
Decision: White River Travel Management Plan
Decision Maker': Sorest Supervisor, Scott Fitzwilliams, White River National Forest
Negotiated Resolution: July S, 2011
Town of Avon representatives and the White River National Forest officials through
informal disposition agree:
• That the Town of Avon and the White River National Forest would seek to
develop a Memorandum of Understanding (MOU) to address issues associated
with FSR 7-779 (Metcalf Creek Road). This includes a commitment from the
Town of Avon to address in the near term resource issues associated with parking
and access to FSR 7-779.1 on Town of Avon lands; and in partnership with the
Forest Service address long-term resource and social issues associated with the
alignment and uses of this road.
• That based on the above commitment the White River National Forest would
revise the decision to allow FSR 7-779 (Metcalf Creek Road) to remain open to
licensed motor vehicles, bicycles, horse, and foot traffic.
• The Town of Avon would withdraw the appeal.
• Recognize the Forest Service reserves the right to decommission FSR 7-779 if the
Town is unable to accomplish needed work on Town land in a reasonable
timeframe, if agreement cannot be reached on the specifics of the MOU, or if
specific, actions identified in the MOU are not accomplished within a reasonable
timeframe..
Forest Supervisor Scott Fitzwilliams commits:
To work with the Town of Avon to develop a Memorandum of Understanding (MOU) to
address issues associated with FSR 7-779 (Metcalf Creek Road). That based on the
commitment from both parties T will revise the decision to allow FSR 7-779 (Metcalf
Creek Road) to remain open to licensed motor vehicles, bicycles, horse, and foot traffic.
Appellant Rich Carroll on behalf f the Town of Avon commits:
To work with the White River National Forest to develop a Memorandum of
Understanding (MOU) to address issues associated with FSR 7-779 (Metcalf Creek
Road). Based on the commitment by the Forest Service stated above, I withdraw my
appeal of the White River National Forest Travel Management Plan in its entirety.
f
7 h' t 1
S 0TT FITZWILL A S Date
Forest Supervisor, White River National Forest
-2ZI72,_
Rich Carroll Date
Town of Avon