Amendment L to Final Development Plan Permit DP 4131

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Amendment L to Final Development Plan Permit DP
4131

• Saddleback Land Timber Corp.
• Saddleback Inc.
• May 7, 2008
• Phase 1,B of Saddlebacks Ten Year Plan

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Background

• Amended Preliminary Plan was granted approval by
  Zoning Petition ZP 372-B
• Final Plan proposed to be done in 4 phases
• Phase 1,B is second part of Phase One
• Consistent with Amended Preliminary Plan
• Proposed monitoring plans respond to several
  conditions of ZP 372-B

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Phase 1,B Proposal SummaryUpdated Saddleback
map.JPG

• South Branch Townhouse Condominiums
• Mountain Brook Timeshare Condominiums
• Six new ski trails and one lift line
• Ground and surface water monitoring
• Sewage disposal system
• Domestic water use
• Snowmaking

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South Branch Townhouse Condominiums

• First group (Amendment F, 2005)
• 2 buildings, 24 units
• Second and final group
• 24 units in 2 buildings (12 per)
• Located below Base Lodge on 6.7 acre parcel
• One parking lot per building
• Extend existing driveways and power line
• Connect to existing sewage disposal system, no
  leach field expansion needed
• Saddlebacks contractor would construct
• Total of 4 buildings, 48 units

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Bldgs G/H
Bldgs. E/F
Existing Bldgs. A/B and C/D
South Branch Condominiums (page 62)
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Mountain Brook Timeshare Condominiums

• First group (Amendment I, 2006)
• 3 buildings, 18 units
• Second group
• 42 units in 7 buildings (6 per)
• Located below Base Lodge on 45 acre parcel
• One parking lot per building
• Extend existing access roads and power line
• Connect to existing septic system, no leach field
  expansion needed
• Saddlebacks contractor would construct
• Total of 10 buildings, 60 units

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Bldgs IJ and Irresistible Lane
Bldg H Existing Cahill Lane
Existing Bldgs A,B,C D
Bldgs E, F G Midge Lane
Mountain Brook Condominiums (page 63)
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Revisions to previously approvals for Mountain
Brook Condos

• Change from ZP 372-B plans
• Adjust layout of proposed roads and buildings
  slightly for stream buffers and to further avoid
  wetlands
• Change from DP 4131-I plans
• Add 6 ft wide porch to each unit
• Extend existing Caddis Road 100 ft for access to
  proposed condos
• Revised plat will be submitted

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Ski Trails and Lift Line Updated Saddleback
map.JPG

• 3 False Peak Trails (page 64)
• 200 ft from property boundary abutting AT
• Existing Dazzler Trail 150 ft from boundary
• Was 2 trails in Amended Prelim Plan
• 3 Magalloway Trails (page 65)
• Not in abutting P-RR Subdistrict
• Reconfigured slightly from Amended Preliminary
  Plan
• Magalloway Lift line cut
• Lift to be proposed in future amendment
• Clearing, grind stumps in place, cover ground
  with stump grindings/wood chips
• No grading, filling, blasting, or stumps pulled

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Consistency of proposal with Amended Preliminary
Development Plan
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Analysis

• P export
• Total allocation 22.374 lbs
• Phase 1,B 1.55 lbs
• Phase 1,A 4.25 lbs
• Prior to Amended Plan, since 2004 8.3 lbs/year
• Total used to date 14.1 lbs
• If 1 lb added for ski trails 15.1 lbs
• Water use
• Domestic For Phase 1,B, engineered system use
  would not yet reach 85 capacity
• Snowmaking Increase lake withdrawals combined
  with existing use would be below MDEP threshold
• Monitoring as proposed in accordance with
  Conditions of ZP 372-B

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Analysis

• Species, habitat, and natural communities
• Low potential to impact N. bog lemming, rock
  vole, Bicknells thrush, Canada lynx, Roaring
  Brook mayfly no records and habitat largely
  avoided
• Ski trails would not be in alpine or subalpine
  communities (as delimited by MNAP)
• Within existing trails footprint
• Various limitations by condition (snowmaking line
  above 3,500 ft in trail, width no more than 75
  ft, maintain existing buffer to AT, etc)
• Wetlands
• Tier 1 review for Phase 1,B standards met
• Tier 2 if viewed cumulatively standards met
• Requirement for functional assessment and
  compensation may be waived at this time
• P-WL1 impacts all for crossings exempt
• P-WL3 impacts only slightly above 20,000 sf
  threshold
• Continue tracking cumulative impacts

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Analysis Updated Saddleback map.JPG

• Scenic impact
• Not within NPS Scenic Easement
• No objections to Phase 1,B proposal from NPS,
  ATC, or MATC
• Within existing developed areas
• Use of wooded buffers, layout along topographic
  lines, etc
• Trails distance to AT and high elevation
  sensitive areas
• Below line delimited by MNAP showing alpine and
  subalpine vegetation
• Within existing trails footprint, all of which
  were previously reviewed by NPS and AT groups
• Reviewed in Amended Preliminary Plan

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Proposed Monitoring Required by Conditions of ZP
372-B

• Waste water disposal fields (Conditions 12, 13,
  14)
• Subsurface flow and groundwater quality
• Quarterly report, and annual summary
• Already monitors and reports quantity of domestic
  water used to assess capacity
• DHHS/DEH reviewed and approved
• Lake level and outlet flow (Conditions 21, 23)
• MDEP thresholds under Chapter 587
• Already monitors lake level, reports annually
• Will monitor outlet flow
• Stream monitoring to assess impacts due to use of
  wells (Condition 19)

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Review Comments Dave Rocque, State Soil
Scientist

• E/S and storm water measures appropriate
• Level of soils mapping acceptable
• Saddlebacks method of preparing ski trails is
  the superior option
• Suggested
• Frequent diversion of runoff to forested areas
• Use of water bars or drainage dips
• Tacked down heavy mulched or erosion control mats
  on steep slopes or exposed areas

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MDEP Review Comments

• Condos and roads (Jeff Dennis)
• All comments on condos and roads have been
  addressed
• Construct in strict accordance with plans,
  engineer on site
• Ski trails (Jeff Dennis and Roy Bouchard)
• Concern for possibility of P export from trails
• Estimated 0.05 lbs/acre/yr for trails 1 lb
  additional
• Lake water level and outlet flow monitoring
  pursuant to MDEPs Chapter 587 (Roy Bouchard)
• Phase 1,B proposal, combined w/existing
  snowmaking, will meet MDEP Chapter 587 (max. 2
  feet below nhwm for lake, seasonally adjusted
  levels for outlet flow)
• Lake level must be monitored
• Outlet flow could be visually monitored for now
• More structured outlet flow monitoring for future
  snowmaking expansions
• MDEP will review annual reports

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Review Comments

• MDIFW
• No significant fisheries concerns, potential for
  stream impacts addressed by MDEP and Dave Rocque
• Roaring Brook Mayfly (S1) found recently in
  Bigelows and White Mountains in high elevation
  streams
• Recommended various general practices
• MNAP
• Phase 1,B proposal not within sensitive areas
• Concern for alpine and subalpine vegetation
• Submitted map showing extent of sensitive
  vegetation, recommended no development in this
  area and maintain existing buffer.

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Review Comments

• NPS, ATC, and MATC
• No objections to Phase 1,B proposal
• NWNA and RWD
• Suggested changes to the outlet flow monitoring
  and the waste water subsurface flow/water quality
  monitoring protocols
• NWNA and RWD are the other major water users in
  watershed, potentially affected by Saddlebacks
  activities
• RWD has LURC permit with flow restrictions,
  located downstream from Saddleback Lake on South
  Branch of the Dead River
• NWNA is located down-gradient from disposal
  fields, also monitors South Branch of the Dead
  River under Settlement Agreement with RWD

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Review Criteria

• 10.21,G,10,a(1) An application for final
  approval may be for all of the land which is the
  subject of the Preliminary Development Plan or
  for a section thereof. The application, once
  deemed complete by the staff, shall be reviewed
  and acted upon by the Commission within 90 days.

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Review Criteria

• 10.21,G,10,a(3) The items submitted as part
  of the Final Development Plan shall comply with
  the conditions of approval of the Preliminary
  Development Plan and shall conform with
  applicable state regulations, including 12
  M.R.S.A. 685-B(4).
• Also the Conditions of ZP 372-B (see pages 21 to
  23)

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Conclusions

• Proposal consistent w/Amended Preliminary
  Development Plan (ZP 372-B)
• Changes to plan/layout are minor
• Activities largely the same
• Scenic impact
• Not within NPS Scenic Easement
• No objections raised by NPS or ATC about scenic
  impact
• Within existing development area
• Conditions of ZP 372-B met
• 12,13 and 14 Disposal fields monitoring
  acceptable to DHHS/DEH
• 19 Affect of domestic water use on stream flow
  
• 21 and 23 Lake outlet flow monitoring meets
  MDEP Chapter 587 provisions
• Emergency services available
• Master plan at 100th unit only 81 units
  constructed so far

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Conclusions

• Wetlands (Section 10.25,P)
• Phase 1,B impacts minimized and avoided, meets
  standards for Tier 1 review
• Cumulative wetland impacts since 2004 still at
  Tier 2 level, meets standards
• Financial capacity
• ZP 372-B Overall business plan reviewed
• Phase 1,B funding consistent
• Financing by combination of revenue generated,
  shareholder contributions, and loans from Camden
  National Bank
• Estimated cost 10,092,000
• Trails and snowmaking - 372,000
• Condos - 9,720,000

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Staff Recommendation Approve Final Development
Plan Permit DP 4131-L, with Conditions (see
pages 37 to 43)

• Specific to DP 4131-L construction
• Submit final plats and sample deed/certificate
• Submit copy of loan or mortgage prior to
  constructing condos
• Specifics of road, buffers, e/s measures, etc
• Specifics of ski trail construction
• Ground and surface water monitoring
• Ski resort water use
• On-mountain stream flow
• Saddleback Lake water level
• Saddleback Lake outlet flow
• Saddleback Lake water quality
• Subsurface flow and water quality for large
  disposal fields

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Staff Recommendation Conditions

• In general for DP 4131 (as amended)
• High intensity soils maps for areas with
  structures, unless otherwise agreed to by SSS
• Consult with MDEP and SSS about erosion and storm
  water controls, and water use
• Updated Saddleback Ski Resort E/S plan
• E/S qualified professional on-site
• Propose disposal field expansion when 85 of
  capacity reached
• Update cumulative wetland impacts
• Phosphorus export/allocation
• Prepare emergency services plan

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Changes

• Findings 12,E and 13,F (pp 78) Revise
  language to reflect condominium ownership pattern
• Finding 14,B (p 9) Remove D-PD Subdistrict
• 400 ft setback rule applies to property line
  setback (10.21,G,2), not to D-PD Subdistrict
  boundary
• Clarify Magalloway Trails location proximate to
  P-RR Subdistrict Updated Saddleback map.JPG (p
  66)
• Revise language in Condition 31 (p 42) remove
  D-PD Subdistrict

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Saddleback Ski Resort Planned Development
(D-PD) Subdistrict

• Administrative History Evaluation, Monitoring
  Reporting

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Administrative History (Appendix A, pg 45)

• 1989 and 1994
• ZP 372 and ZP 372-A
• Preliminary Plan approved
• 1991
• DP 4131 Final Plan permit applied for
• 1995 - Put on hold to resolve AT issue with NPS
• 2003
• Berry family purchases Saddleback Ski Resort
• 2004 to 2006
• Final Plan Permits DP 4131 DP 4131-B to J
• Phases of the Preliminary Plan approved in 1989
  and 1994

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Administrative History

• 2007 Amendment B to ZP 372 approved
• Amended Preliminary Development Plan
• Expanded the D-PD Subdistrict
• 10 year development plan
• Proposed to be done in four phases
• Phase One included 84 housing units (condos
  house lots) ski trails and lift snowmaking
• Amenity Center, tubing park, tennis courts now
  moved to Phase Two

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Administrative History

• Phase One, 2008
• Phase 1,A - DP 4131-K
• East Magalloway Subdivision
• 22 of the total 84 house lots in the 10 year plan
• Delete 20,000 sf limitation on structures under
  construction at any one time
• Phase 1,B - DP 4131-L (pending)
• 24 South Branch condo units (final group)
• 42 Mountain Brook condo units (second group)
• 6 ski trails, one lift line cleared
• Snowmaking on 2 trails
• Ground and surface water quality monitoring plans

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On-going evaluation, monitoring, reporting since
1989/1994 (ZP372/372-A)

• Emergency services plan
• Before 100th unit constructed
• Domestic water quality
• Report to DHHS/DWP
• Saddleback Lake water quality
• Annual report
• Phosphorus export
• Re-assessed for each new phase
• Certificates of Compliance
• Notification process
• see pages 52 to 53 of packet

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On-going evaluation, monitoring, reporting (since
2004, current owner)

• Water withdrawal from Saddleback Lake for
  snowmaking (now per MDEP rules)
• Lake level and outlet flow
• Annual report
• Erosion and storm water control BMPs
• Updated for each phase
• Cumulative wetland impact assessment
• Updated for each phase
• Engineered wastewater disposal system subsurface
  flow and water quality
• ZP 372-A required early warning groundwater
  protection system
• Quarterly report
• Effect on streams due to domestic water use
• Annual report