HomeMy WebLinkAboutresolution.council.074-11 RESOLUTION NO.7ij
Series of 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
ASPEN AND THE COLORADO DEPARTMENT OF NATURAL RESOURCES, DIVISION
OF WILDLIFE REGARDING THE STREAM HEALTH MONITORING PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Memorandum of
Understanding between the City of Aspen, and the Colorado Department of Natural Resources,
Division of Wildlife ( "CDOW ") for the ongoing cooperation in the development and
implementation of the Monitoring Program, a copy of which is annexed hereto and made a part
thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves the Memorandum of
Understanding between the City of Aspen and CDOW, a copy which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute
said memorandum of understanding on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 'r day of C'ti , 2011.
Michael C. Ir and, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify th t the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. och, City Clerk
G: \Tara\FILES M- Z\RESOSUmu- CDOW- res.docxx
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") Is entered Into /h al 7 ' , 2011
between the City of Aspen, a Colorado home rule city ("Aspen"), a the State of
Colorado, acting by and through the Colorado Department of Natural Resources,
Division of Wildlife ("CDOW').
Recitals
I. Aspen operates municipal utility enterprise that provides water service and
electrical service to Its customers within the city and extraterrttorlally by contract.
2. Aspen owns, controls, operates, and manages water rights, water
supplies, and water treatment facilities and other water system Infrastructure for
the benefit of Its customers.
3. Aspen owns, controls, operates and manages the electrical power system
used to provide electric power to Its customers, and currently purchases much of
the energy required for this purpose from coal -fired sources.
4. To address the need to reduce carbon emissions, Aspen adopted Its
"Canary Initiative," which identified a new hydroelectric facility on Castle Creek as
part of the City's strategy to reduce carbon emissions, The Castle Creek
Hydroelectric Project was approved by the voters In 2007.
5. CDOW Is a division of the Colorado Department of Natural Resources as
provided In C.R.S. §24 -1 -124, and, among other things, Is responsible for
fisheries In the State of Colorado, and conducts investigations and provides Input
to the Colorado Water Conservation Board ("CWCB") to assist It In determining
stream flow requirements for Instream flows to preserve or Improve the natural
environment to a reasonable decree, In accordance with C.R.S. § 37- 92- 102(3).
8. CDOW consulted with Aspen In connection with Its analysis of stream flow
and stream habitat knpacts of the Castle Creek Hydroelectric Project, and
requested Aspen to conduct certain studies and data cofectlon efforts In order to
evaluate needed Instream flows for Castle Creek, and to better describe the
stream habitat. This consultation occurred In accordance with Part 4 of 18 CFR,
governing approvals of hydroelectric projects by the Federal Energy Regulatory
Commission.
7. Aspen's Independent consultant, Miller Ecological Consultants, Inc., has
undertaken the studies requested by CDOW, and prepared a report of its
findings, entitled "Castle Creek Hydroelectric Plant Environmental Report (June
11, 2010.)"
8. Aspen has agreed to develop and Implement, under the direction of
CDOW, a stream monitoring program in order to monitor possible impacts of the
Castle Creek hydroelectric project operations on the Maroon Creek and Castle
Creek fisheries and stream habitat. This monitoring program is also designed to
monitor possible knpacts of the existing Maroon Creek hydroeectrlc project
operations on the Maroon Creek fishery and stream habitat
9. By this MOU, Aspen and CDOW wish to provide a framework for ongoing
cooperation In the development and implementation of the Monitoring Program
over a ten -year period after the Castle Creek hydroelectric plant becomes
operational.
10. Aspen and CDOW are both empowered to enter into this MOU and are
vested with ali necessary powers to accomplish the purposes of this Agreement.
11. This Agreement has been approved pursuant to resolutions of the Aspen
City Council and the Division of WNdIIfe of the State of Colorado, Department of
Natural Resources.
NOW, THEREFORE, In consideration of the mutual promises and
covenants herein contained, the parties agree as follows.
12. Background. Aspen currently operates the Maroon Creek hydroelectric
plant that diverts water for hydroelectric purposes at the Maroon Creek pipeline,
located on Maroon Creek as shown on the attached map. Aspen is punning to
construct and operate the Castle Creek hydroelectric plant that will operate In
substantially the same manner as the original Castle Creek hydroelectric plant
that operated from 1893 to 1958. The planned Castle Creek hydroelectric plant
will divert water for hydroelectric production at the Castle Creek - Midland Flume
Intake, located as shown on the attached map, and will also take delivery of
water from Maroon Creek, as was historically done in the original hydroelectric
operation.
In connection with Its application to the Federal Energy Regulatory Commission
regarding the Castle Creek hydroelectric project, Aspen engaged MiNer
Ecological Consultants, Inc. to conduct an environmental review of Castle Creek
and Maroon Creek, Including, as requested by CDOW, additional aquatic studies
to determine appropriate levels of stream flow to proteot the aquatic habitat In
Castle Creek and Maroon Creek. The additional studies requested by CDOW
were completed In the spring of 2010, and are reported In Miller Ecological
Consultants' report entitled "Castle Creek Hydroelectric Plant Environmental
Report" (June 11, 2010) ("Miller Report. ")
With the execution of this MOU, Aspen and CDOW agree that, as between them,
the consultation required under 18 CFR Part 4, for development of a smal
conduit hydroelectric facility to be located as the Castle Creek Hydroelectric
2
Project, FERC Project No. 13254, has been completed and the consultation
requirements of 18 CFR Part 4 have been met.
13. Purpose and Need. The purpose of this MOU Is to provide for Aspen's
development and Implementation, aided by CDOW s expertise and the Input of
the Interested governmental entities (as defined in Paragraph 15 below), of the
Castle Creek and Maroon Creek Monitoring Program (" Montoring Program ").
CDOW will provide support and expertise to Aspen's Monitoring Program as
described herein. The Monitoring Program will allow Aspen and CDOW to
confirm the flow rates necessary to provide appropriate Inetream flows, and will
allow Aspen to develop sufficient information regarding the fisheries and stream
habitat In Maroon and Castle Creeks to determine Impacts, If any, to the streams
from the Castle Creek and Maroon Creek hydroelectric plants operations. That
Information will allow the adaptive management of Aspen's hydroelectric plant
operations to protect the fisheries and stream habitat.
14. Monitoring Program. The Monitoring Program as approved by the parties
Is attached as Exhibit 1. The Monitoring Program may be revised from time to
time as Aspen and CDOW deem appropriate in order to better achieve the
purposes of the Monitoring Program as described In Section 12 above. Aspen
will seek Input from the interested governmental entitles prior to any substantial
revision to the Monitoring Program. No revision of the Monitoring Program will
reduce the number of monitoring stations on Castle Creek and Maroon Creek,
nor the 10 -year period of the Monitoring Program. Any revisons or additions
(including maps) to the Monitoring Program will be set forth In writing, signed and
dated by CDOW and Aspen and attaohed hereto as a Revised Exhiblt 1, without
the need to amend this MOU. The Monitoring Program attached as Exhibit 1 has
been reviewed and approved by the Interested governmental entitles.
15. Consultation with Interested Governmental Entitles. The Monitoring
Program shall provide for consultation among CDOW, the Aspen Utilities
Department, the Aspen Engineering Department, and, to the extent it Is willing
and able to do so, the United States Forest Service ("USFS ") (collectively,
"Interested governmental entities"). Consultation shall be In regard to
implementation of the Monitoring Program, Including but not limited to, data
collection sites, data collection timing and methodology, data reporting, data
analysis, and any recommendations resulting from suoh analysis, and
Implementation of such recommendations. USES is not party to this MOU, and
although Its Input as an "Interested governmental entity" will be solicited, such
input will not be a prerequisite to collection or analysis of data or any decision -
making process described in thls MOU or the Monitoring Program, or any later
revisions or additions to the Monitoring Program.
16. Operation of Castle Creek and Maroon Creek Hydroelectric Plants. Aspen
will operate Its hydroelectric water rights and hydroelectric diversions on Castle
Creek to divert water to the Castle Creek hydroelectric plant In a manner that will
3
allow maintenance of an instream flow in Castle Creek in the amount of 13.3
cubic feet per second (cfs) Immediately downstream of the point of diversion for
the Castle Creek municipal Intake, and an instream of 17.2 cfe in Castle Creek
immediately downstream of the point at which return flows from the Castle Creek
hydroelectric plant retum to Castle Creek. Aspen will continue to operate Its
Maroon Creek hydroelectric water rights and hydroelectric diversions on Maroon
Creek to divert water to the Maroon Creek hydroelectric plant In a manner that
will allow maintenance of an instream flow of 14 cis knmedlatey downstream of
the point of diversion for the Maroon Creek pipeline. When streamflows in Castle
Creek, at the point of hydroelectric diversion, are insufficient to permit Aspen to
maintain the foregoing minimum flows at the specified locations, Aspen shall
reduce or curtail Its hydroelectric diversions and hydroelectric plant operation at
the Castle Creek hydroelectric plant as needed to allow the above - described
instream flows to be met. In addition, Aspen shall continue to operate its
hydroelectric water rights and hydroelectric diversions on Maroon Creek to divert
water to the Maroon Creek hydroelectric plant In a manner that will aflow
maintenance of a minimum stream flow In Maroon Creek In the amount of 14 ofs
Immediately downstream of the point of diversion of the Maroon Creek pipeline.
The parties acknowledge that while Aspen may operate Its municipal and
hydroelectric water rights on Castle Creek and Maroon Creek In order to maintain
the certain stream flows at specified locations, only the Colorado Water
Conservation Board ("CWCB ") is legally authorized to appropriate and hold
instream flow water rights.
17. Adflptive Mananement.
The City shall implement the Monitoring Program with a goal of maintaining
stream health In Maroon and Castle Creeks as determined by the following
criteria;
1. Maintenance of steady or Increased macroinvertebrate population
from downstream of the hydroelectric diversions) to the Roaring
Fork River.
2. Maintenance of steady or increased fish population and biomass
from downstream of the hydroelectric diversion(s) to the Roaring
Fork River.
3. Maintenance of habitat as determined by the U.S. Forest Service
habitat protocol for the White river National Forest.
If a statistically significant decrease In any one or more of the above criteria Is
detected after any monitoring episode, the CDOW, in concert with the CUy, will
review the data to determine the cause. If the cause Is determined to be due to
Maroon /Castle Creek hydroelectric plant operations, the City will change plant
operations to address the decrease in the criteria. If necessary, such change in
plant operations may Include a decrease In diversions associated with
4
hydroelectric plant operations, if It Is determined that stream flows In Castle
Creek or Maroon Creek immediately downstream of the hydroelectric
diversion(s), or stream flows Immediately downstream of the point of
hydroelectric retums, need to be Increased overall or during certain months to
address the decrease in the criteria or to otherwise protect stream health.
18. Availability of MOU: Recording. A full and complete copy of this MOU,
together with ail exhibits, revisions and additions, as well as data coNectlon forms
and reports as required by the Monitoring Program, will be maintained at the
office of the Aspen Water Department, and will be available for review during the
Water Department's normal business hours. Aspen will record a memorandum of
this MOU with the PitkIn County Clerk & Recorder. The memorandum will state
that a full and oomplete oopy of this MOU, together with ail exhibits, revisions and
additions, as well as data collection forms and reports as required by the
Monitoring Program, will be maintained at the office of the Aspen Water
Department, and will be available for review during the Water Department's
normal business hours.
19. Amendment. Except as provided In Section 14, this MOU may be
amended only In writing signed by the parties, and may not be assigned without
the written consent of the parties.
20. Authorization of Signatures. The parties acknowledge and represent to
each other that ail procedures necessary to validly execute this MOU have been
performed and that the persons signing for each party have been duly authorized
to do so.
5
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement the date and year first above written.
THE CITY OF ASPEN, COLORADO
A Municipal Corporation and Home Rule City
By # / �����s` mirf 0 //
Mayor r � /
Attest:� i i2 �/ r %
` � ` % - 1
City Clerk
APPROVED AS TO FORM: „as
C" "T h r Cy, City of Aspen
STATE OF COLORADO
DEPARMENT OF NATURAL RESOURCES
Division of WHdlife
By: - 40 444 9 I r / '"_
Thomas E. Remingt n, Director
Attest:
APPROVED AS TO FORM:
Fi Y.1 .xw-A
6
Castle and Maroon Creek Monitoring Program
Developed by:
Colorado Division of Wildlife
March 17, 2011
X5,0Relb
rad
" ' csA
(J> q
/C OF � S )
purpose
This monitoring plan was written to address possible Impacts to fisheries and
stream habitat related to the proposed Increased water diversions associated
with the City of Aspen's (Aspen) Castle Creek Hydroelectric Plant located In
Pitkin County, Colorado. Aspen conducted public meetings and engaged Miller
Ecological Consultants, Inc. to undertake studies requested by the Colorado
Division of Wildlife (CROW) In order to obtaln current Information about
fisheries, stream habitat and appropriate flow rates for Instream flows on Castle
Creek. The results of those studies are found In Miller Ecological Consultants'
report, "Castle Creek Hydroelectric Plant Environmental Report" (June 11, 2010)
and Include a recommendation that stream flows In Castle Creek In the amount
of 13.3 cfs at the point of diversion for the Castle Creek hydroelectric plant,
and 17.2 cfs In lower Castle Creek would be appropriate to provide habitat to
protect aquatic biota and provide refuge habitat In the winter. CDOW
recommended that Aspen engage In a long term monitoring study of the effects
of Its future Castle Creek hydroelectric diversion operations on the fishery and
stream habitat In Maroon and Castle Creeks.
The Intent of this Monitoring Program Is to Identify appropriate study design
and data collection efforts for Aspen to pursue In order to monitor possible
Impacts to the Castle Creek and Maroon Creek fisheries and stream habitat
when the Castle Creek hydroelectric plant Is operating. Although the CDOW Is
responsible for fisheries statewide, a lengthy and specialized monitoring
program will require resources and personnel beyond the scope of CDOW's
Regional resources. However, the CDOW will provide support and expertise to
a monitoring program funded and executed by Aspen and Its consultants.
The Monitoring Program should bulid sufficient information regarding the fish
population and stream habitat In Castle and Maroon Creeks to determine
Impacts to the streams from the Castle Creek hydroelectric plant operations.
The CDOW and Aspen agree to participate In the selection of representative
sampling sites and regular collection of data based upon an agreed schedule.
Should the parties observe degradation of the fishery or stream habitat due to
Castle Creek hydroelectric plant operations, or determine that the
recommended Instream flows should be adjusted, a cooperative effort will be
used to address the modification of future Castle Creek hydroelectric diversion
and return flow operations.
2
Monitoring Program Components
Fishery Monitoring
In the fall of 2010, the sampling sites ("monitoring stations") will be identified
by the CDOW In consultation with the United States Forest Service rUSFS")'
and the City of Aspen Utilities Department and Engineering Department
(collectively, "Interested governmental entitles"). The CDOW will conduct the
2010 fisheries surveys at each of the selected monitoring stations'. These
2010 fisheries surveys will be used to establish "baseline conditions ".
Permanent monitoring station locations will be established In 2010 and will
be located In both Castle and Maroon Creeks. Future sampling collection
efforts should occur during the month of October to provide data for
monitoring overall stream health. CDOW routinely samples fisheries In the
fall and a fall sampling schedule would allow for comparison of results from
comparable streams. Annual sampling should be completed within two weeks
of the original sample date to maintain data consistency. The stations were
sampled In 2010 on October 13" and 14•. Future surveys should be
conducted on a yearly basis within two weeks of those dates. The established
permanent monitoring stations are at least 500 feet long and contain
representative habitat conditions in the area. Fishery sampling will be
conducted using standard electroflshing techniques by depletion sampling
using the appropriate population estimation technique based on the number
of passes.
Proposed Sampling Locations
On Castle Creek, the CDOW recommends continuing the fish monitoring station
located downstream of the hydroelectric diversion point on Castle Creek, as
established by Miller Ecological In 2010. In addition, two stations on Castle
Creek were established, one upstream of the hydroelectric diversion point and
•
one downstream of the outlet of the hydroelectric plant. On Maroon Creek, the
CDOW recommended at least three stations be established, including the Miller
Ecological Site (located In the lower reach of Maroon Creek approximately one -
half mile upstream of the Roaring Fork River) and two additional sites, one
located above the Maroon Creek hydroelectric diversion point, and one located
In the bypass reach downstream of the hydroelectric diversion and upstream of
the point of return. The number and location of the monitoring stations may
be adJusted If conditions warrant.
' The USFS Is not a party to this Monitoring Plan, and *photo its input as an "Mlanakd governmental entity" will
be solkited, such input will not be a prerequisite to collection or analysis of data or any decIion- making moan
described In this plan.
' The 2010 fisheries surveys were conducted on October 13 and 14 by CDOW In ¢maahatlon with Mier
Ecological
3
Aspen will prepare a map showing the locations and size of the permanent
monitoring stations, Including GPS descriptions. The monitoring station map
will be attached to this Monitoring Program. The map will be revised as
necessary to show the location and GPS description of any additional or
relocated permanent monitoring stations. Aspen will also prepare an
attachment to this Monitoring Program explaining how the permanent
monitoring station locations were selected.
Stream Habitat Monitoring
Evaluation of stream habitat should be conducted In the same locations as the
fish monitoring stations. To determine changes In aquatic habitat, the USFS has
provided standard habitat monitoring protocol (Appendix A) that Is used locally
to monitor stream habitat and would be appropriate for this monitoring
program. Habitat evaluation will Include channel form, habitat units, depth,
wetted width, vegetation, bank stability, riparian characterization, and presence
of debris /wood /beaver. The stream habitat evaluation should be conducted
prior (within two weeks) to conducting the fisheries surveys. If substantial
changes to the stream habitat units, within a monitoring station, have occurred
since the previous data collection effort the exact reach of the monitoring
station may need to be adjusted, upstream or downstream, to maintain similar
habitat quantity and quality characteristics. The forms to be used for such data
collection are attached to this Monitoring Program, and may be revised as
deemed necessary by Aspen and CDOW. Field forms or other data that has
been manually entered will be scanned Into electronic format.
Water Temperature Monitoring
Water temperature will be monitored using constant recording thermographs at
all of the established permanent monitoring stations. The thermographs
should have the capability to record water temperatures at hourly Intervals or
less. Data will be downloaded at least monthly, or more frequently as
determined appropriate by the Interested governmental entities, and
transferred to computer spreadsheets for analysis.
Macrolnvertebrate Collection and Analysis
Benthic macroinvertebrate samples will be collected from riffle habitat at each
permanent monitoring station concurrently with the fish sampling. Three
replicate samples will be taken at each permanent monitoring station using
either a modified Hess stream bottom sampler or Surber sampler, depending on
site conditions. Samples will be preserved In 70% ethanol and returned to the
laboratory where specimens will be identified to the lowest practical taxonomic
4
level. Macroinvertebrate data will be entered Into a computer spreadsheet for
data analysis. Data analysis will Include a species list and calculated values for
various indices, Including Shannon - Weaver diversity and evenness, Family Biotic
Index, total number of taxa, functional feeding groups and macrolnvertebrate
densities. These data will be used, In addition to the fish data, to characterize
general aquatic conditions.
Hydrologic Monitoring
Data will be collected by Aspen on a continuous basis quantifying the
hydroelectric diversion flows and stream flows In Castle and Maroon Creeks.
The locations for the Hydrologic Monitoring sites ("hydrologic stations ") on
Castle and Maroon Creek were Identified by the Interested governmental
entities during the 2010 initial fleld visit. The collected information will
identify the timing, frequency, and duration of low and high flow events that
may impact (positively or negatively) the stream fish population or aquatic
habitat. At each hydrologic station a staff gage and stage recording device
will be installed and a stage discharge relationship (rating curve) will be
developed. Aspen will post the current rating curve for each hydrologic
station on their website.
Proposed Monitoring Schedule
The CDOW conducted the Initial 2010 fisheries surveys at each of the identified
stations In the fall of 2010. Aspen Is responsible for all macroinvertebrate
samples and analysis. After the initial 2010 surveys, monitoring will be the
responsibility of Aspen for the first ten years, beginning In the year that the
Castle Creek hydroelectric facility becomes operational. During the Initial 10
year monitoring period the CDOW will consult with Aspen and will provide
assistance to Aspen when resources are available. During the flrst four years of
operations, Aspen will sample yearly at the monitoring stations for fishery and
habitat conditions. From five to ten years following commencement of
hydroelectric operations, data will be collected every second year (i.e. years six,
eight and ten). Thereafter, the CDOW will collect data at Its discretion as
needed.
Collecting, Analyzing and Reporting Data
Data will be reported In such form as Aspen and CDOW may agree. Data
reporting forms will Include, at a minimum, the following information for each
parameter measured: baseline conditions (based on 2010 data collected by
CDOW), potential Impacts from Castle Creek hydroelectric plant, potential
Impacts from other sources, and acceptable range for the parameter. The
5
forms will also Identify the name of the person collecting the data, the date,
method and location of data collection, the stream discharge at the time of data
collection and other relevant Information.
The data collection and reporting forms and any preliminary analysis will be
provided to Aspen, CDOW and USFS by the party who collected It within six
months of data collection during each collection period, for their review and
Input.
No later than ten months following completion of data collection during each
collection period, Aspen will prepare an annual Stream Monitoring Program
Report. The report will Include the collected data, any photographs or other
Information collected, analysis of the data, conclusions reached based on data
analysis, any suggested "action Items" and revlslons to the Stream Monitoring
Program, and anticipated results of such action Items and revlslons to the
Stream Monitoring Program. The annual report will be in the form attached, or
such other form as Aspen and CDOW agree will accurately provide the
foregoing Information.
Availability to the Public
The Annual Report, as well as the reporting forms, will be made available to the
public as provided In the Memorandum of Understanding.
Adaptive Management
The City shall Implement the Monitoring Program with a goal of maintaining
stream health In Maroon and Castle Creeks as determined by the following
criteria:
1. Maintenance of steady or Increased macrolnvertebrate population
from downstream of the hydroelectric diversions) to the Roaring
Fork River.
2. Maintenance of steady or Increased fish population and biomass
from downstream of the hydroelectric diversion(s) to the Roaring
Fork River.
3. Maintenance of habitat as determined by the U.S. Forest Service
habitat protocol for the White River National Forest.
6
If a statistically significant decrease In any one or more of the above criteria Is
detected after any monitoring episode, the CDOW, In concert with the City, will
review the data to determine the cause. If the cause Is determined to be due to
Maroon /Castle Creek hydroelectric plant operations, the City will change plant
operations to address the decrease In the criteria. If necessary, such change In
plant operations may Include a decrease In diversions associated with
hydroelectric plant operations, If It Is determined that stream flows In Castle
Creek or Maroon Creek Immediately downstream of the hydroelectric
diversion(s), or stream flows Immediately downstream of the point of
hydroelectric returns, need to be Increased overall or during certain months to
address the decrease In the criteria or to otherwise protect stream health.
The parties acknowledge that while Aspen may agree to an operation plan for
Its hydroelectric water rights and hydroelectric diversions on Castle Creek and
Maroon Creek, only the Colorado Water Conservation Board ( "CWCB") Is legally
authorized to appropriate and hold Instream flow water rights.
7
Addendum to Castle and Maroon Creek Monitoring Plan
June 2, 2011
The Castle and Maroon Creek Monitoring Plan contains an adaptive
management section with a general discussion of criteria to determine stream
health. This addendum provides detailed metrics that will be used to evaluate
changes to stream health.
Criteria for Macrolnvertebrates:
Maintenance of steady or Increased macroinvertebrate population from
downstream of the hydroelectric diversion(s) to the Roaring Fork River.
The metrics used for the analysis will be:
• Density ( # /m2)
• Biomass (g /m2)
• Diversity
• Evenness
• Taxa Richness
• EPT taxa
• A mean and 95% confidence Interval will be calculated for each
of the above metrics. The population trend will be determined
by comparing the values for the above metrics of the sites
downstream of the diversions with reference sites (upstream of
diversions) using an appropriate statistical technique (e.g.
Tukey's comparisons of means, Student's T -Test, etc).
Criteria for Fish population:
Maintenance of steady or Increased fish population and biomass from
downstream of the hydroelectric diversions) to the Roaring Fork River.
The primary metrics will be:
• Density (Nacre) for each Individual species (larger than 160 mm
total length)
• Density (Nacre) for all trout combined (larger than 150 mm total
length)
• Biomass (lb/acre) for each Individual species (larger than 150
mm total length)
• Biomass (lb/acre) for all trout combined (larger than 160 mm
total length)
• The population trend will be determined by comparing the
population estimate and 96% confidence limit at the
downstream sites with the population estimated and 95%
confidence limit at the upstream reference site.
Castle and Maroon Creeks Monitoring Plan Addendum 1
June 2, 2011
The secondary metrics will be:
• Condition factor (k)
• Size class distribution by species.
Criteria for stream habitat:
Maintenance of habitat as determined by the U.S. Forest Service habitat
protocol for the White River National Forest and Pike San Isabel National
Forest. Habitat maintenance will be determined by comparing the annual
values for the following habitat characteristics against the baseline habitat
conditions.
The metrics used for analysis will be:
• Pool depth
• Substrate composition
• Percent pool area
• Decreasing trends In pool depth and percent pool area as well
as a trend to finer stream substrate material would Indicate a
decrease In habitat conditions.
• Habitat characteristics for the three years of baseline data will
be used to compute mean and 96% confidence limits for key
habitat characteristics.
If a statistically significant decrease In any one or more of the above criteria Is
detected after any monitoring episode, the CDOW, In concert with the City, will
review the data to determine the cause. If the cause is determined to be due to
Maroon /Castle Creek hydroelectric plant operations, the City will change plant
operations to address the decrease In the criteria. If necessary, such change In
plant operations may Include a decrease In diversions assoolated with
hydroelectrio plant operations, if It Is determined that stream flows In Castle
Creek or Maroon Creek Immediately downstream of the hydroelectric
diversion(s), or stream flows Immediately downstream of the point of
hydroelectric returns, need to be Increased overall or during certain months to
address the decrease In the criteria or to otherwise protect stream health.
Castle and Maroon Creeks Monitoring Plan Addendum 2
June 2,2011
COLORADO PARKS AND WILDLIFE
1313 Sherman Street, Room 018 • Denver, Colorado 80203
oit:I Phone (303) 880-3437 • FAX (303) 806 -3208
li�� WAdife.emte.co.ta • paks.state.co.w
1 (l �! Colorado Stets Pads
July 13, 2011 •
The Aspen City Council
City of Aspen
130 S. Oaten* Street
Aspen, CO 81611
RE: Aspen's Castle and Maroon Creek Hydroelectric Project MOU
Addendum
Dear Council Members:
The Colorado Division of Wildlife (CDOW) has reviewed the n �n addendum
Maroon
the Memorandum of Understand (MOU) regarding Aspen's Castle
Hydroelectric Project. We agree with the metrics and methods identified in the
addendum as they are outlined.
•
By specifically identifying the metrics alluded to in the original MOU, it has clarified
data and analysis needs for the 10-year monitoring period to assess the aquatic
maproinvertebrate community, fish populations, and stream channel habitat
characteristics in relation to Aspen's hydroelectric project. 1 also identifies how the
stakeholders will proceed in addressing any significant results that may have implications
to the hydroelectric operation.
The CDOW appreciates the City of Aspen's interest in protecting the aquatic community
in both Castle and Maroon Creeks in concert with utilizing their water right to produce
hydroelectricity for their residents.
Thank you for your consideration.
Grog Oerlich
Aquatic Section Manager
Colorado Division of Parks and Wildlife
STATE OF COLORADO et *dual Resources W. HId►eaooper, Governor • Mike KMg. Executive t*eclot, Dominant
Rick D. Cables,akedor, Colordoo CtrdeCeWerr
Parks end Wiles board Dead R. Orouphau • Gary • John Singletary
Corollas Fonts • Tim Olen, Char • Alan Jones • BS Kra • OGasper • Penton , Se Pdbyl
Mark Smbh, Seaetary • Roberta:sear • Lam Watson • Dean W nalald
Ex Omdo Members: Mita King and John Seam
October 25, 2011
Mark Uppendahl
Instream Flow Program Coordinator
Colorado Division of Parks &Wildlife
6060 Broadway
Denver, CO 80216
Kendall Bakich
Colorado Division of Parks & Wildlife
711 Independence Avenue
Grand Junction, CO 81505
RE: City of Aspen: Memorandum of Agreement
Dear Mark and Kendall:
The City of Aspen greatly appreciates CDOW's input and guidance in evaluating stream
flow impacts of Aspen's planned Castle Creek hydroelectric project. As you know, Aspen is
committed to maintaining stream health while also reducing carbon emissions. Aspen's Maroon
Creek hydroelectric plant has been operational for years, and the new Castle Creek hydroelectric
plant is expected to obviate the need to burn thousands of tons of coal. Aspen knows that it is
equally important that the streams be protected. The Memorandum of Understanding with
CDOW, and the related 10 -year stream monitoring program, are significant achievements in
assuring both stream protection and a cleaner planet. Thank you both for contributing your time
and expertise to this endeavor.
We are forwarding the fully- executed Memorandum of Understanding (with attached
stream monitoring program and metrics) regarding Castle Creek and Maroon Creek.
Aspen views the MOU and the Stream Monitoring Program as providing a
comprehensive approach to evaluating stream health, and adapting hydroelectric operations to
respond to any adverse steam health consequences caused by hydroelectric operations. As you
know, Aspen participated in a Community Forum last spring, and that has led to some further
refinement of Aspen's stream health protection plans. We discussed two proposals that emerged
from that Community Forum, and that Aspen's staff has recommended to City Council: (1) a
"slow start" whereby Aspen will ramp up its hydroelectric diversions slowly over several years,
as it continues to monitor stream health carefully, and (2) a "board of experts," consisting of one
expert appointed by Aspen, one by Pitkin County, and one by CDOW, to approve and oversee
the "slow start" approach, and the stream monitoring program. Please be assured that
notwithstanding any additional operational or monitoring refinements Aspen may wish to
undertake, Aspen remains committed to the MOU and the stream monitoring program. We look
forward to working with CDOW to implement and evaluate the program as we go forward.
Sincerely yours,
David Hornbacher
Director of Utilities and Environmental Initiatives