From The Ark Valley Voice (Jan Wondra):
In a decision reflecting the complicated process of renewing a Colorado 1041 Permit, the Board of Chaffee County Commissioners moved to direct staff to extend the Nestlé Water (NWNA) permit and set a hearing six months down the road, due to the need for proper public notification. The six month time frame was requested by Nestlé to prepare for the required public hearing.
The hearing to consider renewal of the permit under which Nestlé has operated since 2009 had been initially scheduled based on the county’s standard 15 day public hearing notice requirements. But the process of renewing a Colorado 1041 permit requires at least a 30 day notice of public hearing, which did not occur in this case. Nestlé is requesting a 10-year extension.
“The extension is the simplest for us and the county,”said Nestlé Western U.S. Director Larry Lawrence, who attended the Oct. 15 meeting. “ We have been in good standing for the past ten years. When we reviewed our 1041 permit we had a couple different methods we could do: modify it [the agreement], or extend for 10 years. The process as I understood it was simply, all we had to do was file a formal written request, which we did on Sept. 16. We’re happy to work on other modifications as allowed.”
In 2009, after a comprehensive two-year permitting process that included significant stakeholder input, Nestlé was given unanimous approval by the Board of Chaffee County Commissioners to operate and source water from the Ruby Mountain Springs site in Chaffee County. At that time, the county required two permits in order for NWNA to operate in Chaffee County:
a Special Land Use Permit (SLUP) to develop a water supply in an area currently zoned as rural or commercial and, a 1041 Permit to identify and mitigate any potential impacts from the proposed project.
The last-minute discovery that the scheduling of the Nestlé 1041 permit process was made in error, required formal action. While the BoCC initially discussed continuing the matter to its Nov. 19 regular meeting, “This does require notice to the public and public comment,” said Tom…
A motion was made by Commissioner Keith Baker to extend the current Nestlé permit for six months, to the time of the public hearing regarding the 1041 permit, which should occur in April, 2020. Commissioner Rusty Granzella seconded and it passed unanimously.