Wolf Creek Controversy Update
Appeals of Forest Service Ruling on Wolf Creek Come from All Sides
By Ken Wright, 6-02-06
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The bell has rung for the next round of the political cage-fight that is the proposed Village at Wolf Creek development. In this round, appeals are being filed in response to the Forest Service’s approval in April of an access road to the inholding on which developer B. J. “Red” McCombs, co-founder of Clear Channel Communications, would build his billion-dollar mega-resort. The resort would sit at 10,300 feet on Wolf Creek Pass, and house up to 10,000 people.
The Forest Service’s analysis of the road has been mired in charges of collusion between the developer, the federal agency, and Mark Rey, a former timber-industry lobbyist who is now undersecretary of agriculture managing the Forest Service.
At least four parties have filed appeals of the Forest Service decision, reports the Durango Herald. Appealers include Colorado Wild, the project’s most outspoken opponents, and the McCombs’ own development company. The developers appealed because the Forest Service granted access to a longer, more damaging, and much more expensive access road than they asked for, according to McCombs spokesman Bob Honts.
The appeal period ended this week. The Forest Service now has 45 days to rule on the appeals.
Colorado Wild has said it will sue the Forest Service it its appeal is denied. And that will be a whole other round in the fight.
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Comments
I am glad, though, that I did take the time to click/read the link to The Durango Herald article about the access approval, which confirmed my suspicions that some of these decisions are decided by existing Law. These laws were noted there in the quote attributed to Peter Clark, supervisor of Rio Grande National Forest: "The Forest Service is required by law to grant access to public inholdings, including the Village at Wolf Creek. It was never an option of mine to consider not doing this."; and, in the quote attributed to Bob Honts, president of the Village at Wolf Creek, with his statement regarding an intersection with Highway 160: "They have to issue permits to the highway. There's no question about that."
This should be a very interesting legal adventure to follow! From somewhere within the cobwebs of my feeble brain I am also coming up with the thought that the law also requires an access road to/from land-locked parcels be at the most reasonable and logical place. This may or may not be true ~ but I *think* it is. Not knowing the exact terrain involved, it sure does not sound like that is the placement of the access let by the Forest Service.
Particularly with the IRS now challenging the truth and values of so many conservation easements, I will be eager to learn if and how the scenic easement in the original land exchange giving the Forest Service authority over the height and architectural style of the village's buildings plays out.
I hope that you will keep us posted, Ken, on round ~ after round! ~ after round to come!!!
Rose Mary