Lawsuit hits Village at Wolf Creek

Wolf Creek stepped back into the courtroom, just days prior to the ski area’s Oct. 27 opening. Colorado Wild and the San Luis Valley Ecosystem Council filed a lawsuit on Oct. 19, challenging the Forest Service’s approval of two separate roads accessing the Village at Wolf Creek. The suit also challenges recent Forest Service decisions that make it easier for the developer to begin construction.

The Village at Wolf Creek is not much of a village at all, nor is it directly tied to the Wolf Creek Ski Area, which is widely recognized as an environmentally friendly, no-frills, family-run operation. Texas gajillionaire Red McCombs has proposed a massive development on 287.5 acres near the ski area’s base. The former owner of the Minnesota Vikings and Clear Channel Radio baron wants to construct 2,172 new housing units and 222,100 square feet of commercial space on the meadow near the Alberta Quad. As part of the plan, 12 new restaurants, several hotels and a convention center would also be built.

On April 3, the Forest Service brought McCombs’ vision closer to reality when it approved two access roads across public lands to service the development. At that time, Peter Clark, Rio Grande National Forest Supervisor, announced, “We are required to grant access to property owners for reasonable use and enjoyment of that property.”

The opposition viewed the Forest Service’s obligations differently. “The public has been waiting 20 years for the Forest Service to fulfill its lawful responsibility to analyze and disclose the impacts of this project on water, wildlife, traffic and local businesses,” said Christine Canaly, executive director of San Luis Valley Ecosystem Council. “Unfortunately, we had to bring this matter to court to force the agency to live up to its obligations to the public.”

The lawsuit alleges that the Forest Service violated the National Environmental Policy Act and other federal laws when it opted to ignore the impacts of the proposed village in its approval of the two access roads. The suit also charges that the agency ignored thousands of comments calling for a hard look at the impacts of the development.

In addition, the opposition alleges meddling by McCombs since the April 3 decision. The suit notes that weeks after a request from the developer’s lobbyist, Clark signed a letter modifying the Record of Decision. The modification eliminates the prior requirement that the developer “construct, use and maintain” both roads simultaneously in order to provide “sufficient emergency access.”

“It is alarming that the public’s nearly 3,000 comments seem to have fallen on deaf ears, yet when the developer asks for a favor, federal officials go out of their way to respond,” noted Canaly. “The courts are unfortunately the only venue where the public seems to get a fair hearing on this matter.” Prepared by the Western Environmental Law Center, the groups’ lawsuit hopes to force the Forest Service to go back to the drawing board and conduct a thorough and legally sufficient analysis. “We sincerely hope that the Forest Service will immediately cease implementation of its decision until the court reviews this matter,” stated Geoff Hickcox, an attorney from the Law Center. “If they refuse, we’ll be forced to ask the court to stop the agency from moving forward.”


 


Local sustainability forum scheduled

Sustainable energy is getting a long, local look next week. An exploratory “Energy Resource Efficiency Forum” is set for Nov. 4 at Fort Lewis College. The forum will gauge public interest on creating a community-based organization to further develop energy resource efficiency opportunities for Southwest Colorado.

Sponsored by La Plata Electric Association (LPEA), the San Juan Resource Conservation and Development Council and the City of Durango, the forum hopes to pool local resources and provide larger educational and sustainability resources.

“By encouraging energy and resource savings and development of renewable energy sources, we can help lower utility costs, decrease emission of pollutants and create a more sustainable economic and energy future for our communities,” said Mark Schwantes, manager of corporate services for LPEA. “Our co-op members are purchasing more ‘green’ power than any other rural co-op in Colorado, so we believe the desire for such an organization is here.”

Beginning at 10 a.m. on Nov. 4, representatives from LPEA, the San Juan RC& D Council and the City of Durango will review the concept, potential for funding and current efforts toward sustainability. Also scheduled to speak are representa tives from Gunnison County, which has implemented the Office for Resource Efficiency. A facilitator will then lead the gathering in “next steps.”

“Where the forum goes at that point will be up to those who attend,” said Schwantes. “Do we create an organization of our own and how do we begin? We want to encourage everyone who has ideas to be at the forum to help shape our communities’ future.”

For further information regarding the exploratory forum, or to RSVP for lunch, contact 382-3505.


 


Area wilderness could get a boost

A proposed land exchange near Pagosa Springs could yield some positive results for the South San Juan Wilderness Area. The Forest Service is currently studying a mineral estate exchange that could increase the size of one of Colorado’s wildest wildernesses.

Banded Peak Ranches, located southeast of Pagosa, would like to acquire the mineral rights beneath its 16,176 acres in order to prevent oil and gas development from happening on the property. In exchange, the ranch would convey nearly 20,000 acres of mineral rights to the Forest Service. These rights are located adjacent to the South San Juan Wilderness in an area that has been studied for its wilderness potential. By conveying the rights to the Forest Service, the 20,000 acres becomes a better candidate for wilderness designation.

“We’re actually supporting the exchange,” said Amber Clark, public lands coordinator for San Juan Citizens Alliance. “It seems to us that it could free up a nice piece of land that has been looked at for wilderness designation in the past. Now, that can happen again.”

The Rio Grande National Forest is accepting public comments on the proposal through the first week of November.


 


City Comp Plan nearly complete

So, you’ve missed the workshops and haven’t studied up on Durango’s three preferred growth scenarios? Rest easy, there’s still time to weigh in on the future shape of Durango. Local residents can now go online to comment on the City’s Comprehensive Plan Update planning process.  

The Comprehensive Plan Update Web site, www.durangocompplan2006.org, now offers residents the opportunity to add comments and read other citizens’ ideas. Use of this interactive site does require high-speed internet. For those trapped with dial-up, hard-copy maps are also available for review and comment at the City of Durango Department of Planning and Community Development (River City Hall), 1235 Camino del Rio.

On Oct. 30 and 31, two community workshops will be held to gather citizens’ input on the Preferred Scenario and draft growth management policies. After that, the Comprehensive Plan Update will be forwarded to the Durango Planning Commission and City Council for discussion and a vote.  

This Comprehensive Plan Update process has been under way since March 2005. It has included numerous community workshops, selection of three preferred growth scenarios by citizens, and in-depth analysis for each scenario related to factors such as affordable housing, transportation and economic impacts.

– compiled by Will Sands


 


 

 

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