Feds okay an appeal of Snodgrass decision

CBMR plans to file appeal Friday. “They aren’t even following their own regulations…”

After a big six-week surge of public support for the ski area, Forest Supervisor Charlie Richmond is backing off at least one aspect of his decision rejecting Crested Butte Mountain Resort’s plan to extend ski lifts onto Snodgrass Mountain. In his November 5 decision, Richmond said his conclusion was not subject to appeal. He changed his mind on Wednesday, December 16.

After hearing “through the grapevine” that the resort planned to file an appeal on Friday, Richmond said he talked to his boss, Regional Forester Rick Cables, and they both agreed to accept the appeal document.
In an email to CBMR President Tim Mueller, Richmond states “While I firmly believe in the rationale used to make the public interest determination I would also welcome a review. I have asked the Regional Forester to provide an opportunity for you to appeal my public interest determination under 36 CFR 251.86 (b). He has agreed to my request.”
CBMR was preparing to file an appeal this Friday, December 18, whether or not Richmond agreed to it. According to CBMR Vice President of Resort Planning Michael Kraatz, they intend to keep on that schedule.
Richmond issued a decision last month stating lifts on Snodgrass were not in the public’s best interest. Richmond sent a letter dated November 5 to CBMR with his decision. In that letter he states, “It is my finding that it is not in the public interest to continue to consider development on Snodgrass Mountain any further. Rejection of your proposal is not subject to administrative appeal.”
”That is just plain wrong and doesn’t even follow the rules of the Forest Service,” stated Kraatz. “It is appealable and that is explained in the document that will be submitted to Regional Forester Rick Cables. Snodgrass is already in our ski permit area, and decisions that are made that affect the permittee and land under the permit can certainly be appealed under Forest Service regulations.”
Kraatz said the appeal being put together is a comprehensive document providing reasons for the appeal and background on the process.
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“It is a very lengthy document,” he noted. “They have failed to follow their own regulations and we feel the decision was arbitrary and capricious.”
Richmond’s December 16 correspondence states “Last month we met to discuss my rejection, based on FSH.2209.11.12.4, of your Master Development Plan for Crested Butte Mountain Resort and your site-specific proposal for lift-served skiing development on Snodgrass Mountain. Since that time, the Forest Service has received numerous public comments—both in support of and opposed to the rejection. Tim, I know you strongly believe that the Agency should provide a higher-level review of my public interest determination. Some of the public comments we have received have advocated the same.
“As this letter supplements my November 5, 2009 determination, you now have the opportunity to file an appeal,” the letter continues. “Your appeal must be postmarked within 45 calendar days of the date of this letter.”
CBMR isn’t waiting.  “We don’t need the additional 45 days,” said Kraatz. “We have every right to take it through the administrative avenue. It is prepared. We will file the appeal on Friday and wait for a response from Rick Cables. Then we will go down whatever road is appropriate at that time.”
During an interview Wednesday afternoon, Richmond said he believes allowing an appeal is the right move. “We have gotten a lot of comments from people who believe the decision was not fair and simply a one-man decision,” he said. “I don’t agree with that but it is the perception. I support having an unbiased, upper-level review of this. It is good for the community, good for the Forest Service and good for the process.”
When asked if allowing an appeal after declaring one wasn’t allowed was uncommon, Richmond commented “the whole project is unusual. It’s actually unusual to initially not offer an avenue for appeal.
“I think it is the right thing to do,” Richmond continued. “Hopefully it will give some relief to the people who are so upset with the process. I’m not sure if it will make a difference or not. It’s actually somewhat of a relief to have someone else look at it.”
Richmond explained that Cables would either look at the appeal himself or assign someone else in the agency to analyze it. It will be reviewed to make sure that the rationale for the decision made by Richmond was “in compliance with federal regulations and policy,” said Richmond. “They will make sure that the decision wasn’t arbitrary or capricious.”
The U.S. Forest Service spokesperson out of the Regional office, Janelle Smith said the public outcry since the decision in November certainly played a part in agreeing to an appeal.
“After the amount of public interest and comments we received, the agency has agreed to look at an appeal,” she said. “It would come into Rick and he has 30 days to carefully review the appeal. He will then at first have to issue a so-called ‘responsive statement’ within 30 days. That is not a decision on the appeal but it allows the opening up a dialogue between the Forest Service and the proponent. The timeline is not set in stone,” she said.
The Forest Service has “allocated” Snodgrass as an appropriate place for downhill skiing and it is part of the CBMR Special Use Permit boundary. The expansion would have added 276 acres of skiable terrain to the CBMR permit area.
It is obvious the process is far from over.