RE: Mt. Mansfield Co., Inc., d/b/a Stowe Mountain Resort, and the State of Vermont, Land Use Permit #5L1125-4-EB (Amendment)(June 15, 1995) AMENDMENT CASE NO.: 5L1125-4-EB LAWS/REGULATIONS INVOLVED: APPLICANT: Mt. Mansfield Co., Inc. 10 V.S.A. Chapter 151 d/b/a Stowe Mountain Resort (Act 250) ADDRESS: 5781 Mountain Road Stowe, Vermont 05672 and State of Vermont Dept. of Forests, Parks and Recreation 103 South Main Street Waterbury, VT 05676 The Vermont Environmental Board hereby issues Amended Land Use Permit #5L1125-4-EB pursuant to the authority vested in it by 10 V.S.A Chapter 151. This permit applies to the lands identified in Book 48, Page 416, of the Land Records of the Town of Stowe, Vermont, as the subject of a lease from the State of Vermont, Department of Forests, Parks and Recreation, to Mt. Mansfield Company, Inc. This permit amends the conditions of Land Use Permit #5L1125-4, which authorizes the Permittees to install and operate 130 light fixtures on 65 twenty-five foot high wooden utility poles on the Gondolier trail and a portion of the Perry Merrill trail for purposes of night skiing on Wednesday through Sunday evenings from dusk to 11:00 p.m. between December 15 and April 15. This permit also authorizes the use of the trail light system seven days a week during a continuous one week period which shall include Christmas Day and Presidents' Week and the Monday of Martin Luther King, Jr. weekend. The site is Mt. Mansfield in the Town of Stowe in Vermont. The Permittees, and their assigns and successors in interest, are obliged by this permit to comply with the following conditions: 1. The project shall be completed, operated and maintained in accordance with: (a) the terms and conditions of Land Use Permit #5L1125-4, except as amended hereby; (b) the plans, exhibits, and testimony submitted by the Permittees to the Environmental Board; (c) Findings of Fact and Conclusions of Law #5L1125-4-EB; and (d) the conditions of this permit. No changes shall be made in the project without the written approval of the District #5 Environmental Commission. 2. All lighting shall be installed and shielded in such a manner as to conceal light sources and reflector surfaces from view substantially beyond the Gondolier and Perry Merrill trails. The Board retains jurisdiction to require additional mitigation under Criterion 8 if Mt. Mansfield Co., Inc.'s night lighting master plan, as it pertains to the project, is determined by the Agency of Natural Resources not to be in conformance with ANR's Guidelines on Ski Area Trail Lighting - July 1994. 3. Condition 11 of Land Use Permit #5L1125-4 is deleted and new Condition 11 is added to read: This permit is issued for an indefinite term as long as there is compliance with the conditions of the permit. 4. Condition 12 is deleted. Dated at Montpelier, Vermont this 15th day of June, 1995. ENVIRONMENTAL BOARD s/s Arthur Gibb _________________________ Arthur Gibb, Acting Chair Rebecca Day* John T. Ewing John M. Farmer Lixi Fortna Samuel Lloyd William Martinez Robert Page Steve E. Wright * Dissenting Opinion: Member Day believes that the Board should not decide whether or not to issue this permit until the Board has received a night lighting master plan and considered a determination by the Agency of Natural Resources ("ANR") as to whether the project and the night lighting master plan are consistent with ANR's Guidelines on Ski Area Trail Lighting - July 1994. a:\mansfiel.per (RYD) c:\wp51\decision\mansfiel.per (v)