By PAULA TRACY, InDepthNH.org
NEWBURY – The state has conditionally approved Vail Resorts’ annual operating plan for Mount Sunapee Resort but with an eye toward future improvements or replacement of a wastewater system that brought out more than 200 people to a recent public meeting.
The state owns the ski area but leases it to Vail.
Sarah L. Stewart, commissioner of the state Department of Natural and Cultural Resources approved the plan Monday and addressed the concerns raised by the public about spray fields on the property’s parking lot in her letter, issued Monday as required by the terms of the lease.
Last year, residents of the area and members of the Lake Sunapee Protective Association raised concern with the lagoons, spray field and potential for failure and what that would do to Beck Brook which flows into Lake Sunapee not far from Lake Sunapee State Park beach.
“Let me begin with what we know. The current wastewater facility at Mount Sunapee is an aging system, built in the early 1970s. It has served the resort and the region for more than five decades, using an unlined lagoon and spray irrigation method that was state-of-the-art at the time. Today, this system is permitted, monitored, and regularly tested by the New Hampshire Department of Environmental Services (DES), which has consistently found that it is operating within the limits of those permits,” Stewart wrote.
“….we cannot afford to be reactive when it comes to protecting Lake Sunapee. We must think in decades, not in inspection cycles. Public trust in the system is weakening not because of a specific violation, but because the infrastructure itself is from a different era. This is where strong, cooperative collaboration can be most valuable,” the commissioner wrote in her letter.
She said while the system is aging it has not violated state permit rules and is being closely monitored.
“We must begin the work—together—of designing a future-ready solution that protects Lake Sunapee and reflects the values of this community,” she wrote in her letter to Vail.
“To start that work, the DNCR has already applied for grant funding under the Clean Water SRF to help pay an independent contractor to fulfill an agreed upon scope of work. In conjunction with that work, the DNCR is beginning the process of preparing a request for proposals designed to secure an independent study of the existing wastewater facility as well as specific recommendations for wastewater infrastructure improvement or replacement. When the DNCR completes drafting the request for proposals, I will share the request with you and the (Mount Sunapee Advisory Committee) and call an MSAC meeting for the specific purpose of asking for advice and input from all stakeholders with respect to the request for proposals prior to posting it for response.
“This is not a punitive process—it is a collaborative one, grounded in urgency and shared responsibility,” Stewart wrote.
“As Commissioner of the DNCR, I am listening – closely and carefully – to the many voices that care deeply about the future of this treasured place,” she stressed in her letter.
The state operated Mount Sunapee as a ski area for decades until 1998 when it leased it to the former owners and operators of Okemo Resort in Vermont.
This is the fourth year of operation for Vail Resorts, a Colorado-based corporation.
The lessee is required to develop an annual operating plan.
“I have great respect for the work and expertise of my colleagues at DES. They take their monitoring responsibilities seriously, and I trust their commitment to protecting our environment and public health. I also recognize that under current law and regulation, DES cannot mandate the replacement of a system that is functioning as permitted.
“Vail Resorts, which operates Mount Sunapee under lease with the State of New Hampshire, has been told by regulators that their wastewater facility is compliant—and I respect that Vail is working within those expectations. But I also believe that with the privilege of operating on public land comes the responsibility to invest in long-term stewardship. Modernizing the wastewater system is not simply a regulatory obligation—it is a moral one,” she wrote to Susan Donnelly, general manager of Mount Sunapee Resort.
“I want to thank the many citizens, conservation groups, and public servants who have helped elevate this issue thoughtfully and constructively. I also want to acknowledge the employees of DES and Vail who are working hard and in good faith. No one wants to see harm come to Lake Sunapee—and with clear leadership, I believe we can come together to ensure it never does.”
Stewart called a meeting of the MSAC on June 3, 2025, at Sunapee Lodge, Mount Sunapee State Park and she told Gov. Kelly Ayotte and the Executive Council this month that more than 200 people attended.
Many who attended the meeting and others who wrote to the commissioner expressed concern about the sprayfields and aging lagoon system with an eye toward protecting Lake Sunapee and its watershed.
The current Master Development Plan and Environmental Management Plan was approved by the DNCR on June 1, 2021.
As of December 2024, the State has received $5,368,263 in cumulative base fee payments and $9,431,481 in cumulative commission payments in accordance with the 1998 lease.
The 2024 base fee payment was $287,009, based upon the prior years’ Base Lease payment and adding the 3.18 percent CPI inflation rate on June 30, 2024. The 3% commission payment for Fiscal Year 2024 was $606,777 and is based on annual gross revenue, according to DNCR.
The state has audited the accounting records in 2012, 2014, 2017, 2019, and has done so annually since then. The records and figures for Vail’s allocation of revenue from its Epic Pass sales were also inspected by the auditor.
The DNCR has determined that MSR is in compliance with the payment terms and conditions of the Lease agreement.