Request to participate in Snodgrass appeal denied

Richmond’s “responsive statement” due by Thursday

The U.S. Forest Service official looking at the Snodgrass appeal situation has denied the requests of the three organizations that asked to be part of the appeal process.

Region 5 Deputy Regional Forester Jim Peña, the appeal deciding officer in the Snodgrass case, informed Colorado Ski Country USA, the Rocky Mountain Biological Laboratory and the Friends of Snodgrass Mountain last week that none met the minimum requirements to be a so-called intervener in the appeal. Being an intervener would have allowed them a seat at the table during the appeal.
Supervisor of the Grand Mesa, Uncompahgre and Gunnison National Forests Charlie Richmond last fall turned down Crested Butte Mountain Resort’s request to allow ski lifts on Snodgrass Mountain. CBMR filed a 70-page appeal and that appeal was kicked to Peña in California instead of Richmond’s boss Rick Cables in Denver. Cables felt there could be a perceived conflict of interest if he made the decision.
Peña told Colorado Ski Country that none of its ski areas have an interest directly affected by a decision on the appeal. “While some or all of the ski areas represented by CSCUSA may hold special use permits, it does not establish a direct interest in this appeal decision,” Peña stated in a letter to the CSCUSA attorneys.
Peña informed the FOSM that they too did not meet the requirements to be an intervener. “Friends of Snodgrass Mountain holds no authorization from the Forest Service affected by the appeal. Further, because the appeal issue is focused on whether to perform an environmental analysis on CBMR’s request you have not shown a direct interest in the outcome of the appeal. You would be fully welcome to participate in the environmental analysis, should there be one,” a letter to Vicki Shaw of FOSM states. Shaw and FOSM did not want to comment on the decision.
In a letter to the attorneys for the RMBL, Peña stated that the lab failed to show how the appeal would directly affect the interests of the RMBL. RMBL officials did not want to comment on the decision.
Colorado Ski Country USA President and CEO Melanie Mills said she thought the Peña decision was wrong.
“We’re very disappointed in the decision to reject our petition to intervene in the Snodgrass appeal and strenuously disagree with Mr. Peña’s assertion that other ski area permittees are not affected by the Snodgrass decision,” she said.
Peña is slated to receive a responsive statement from the original decision maker, Charlie Richmond, by the close of business Thursday, March 4. CBMR will then have 20 days to respond to Richmond’s statement.
Forest Service spokesperson Janelle Smith said CBMR could schedule an oral argument with Peña between March 4 and April 8. After that argument takes place, the appeal record will be closed and Peña will have 30 days to make a decision on the appeal.
“We’ve asked for the opportunity to have an oral presentation and he said he would grant that request but we haven’t set a date,” said CBMR Vice President of Resort Planning Michael Kraatz. “Logistics haven’t been discussed at this time but we figure that will be determined sometime next week.”
As for the intervener decisions, Kraatz said the company is taking the decision in stride. “We are disappointed Colorado Ski Country wasn’t allowed to be an intervener given its unique position but as far as the other two, I think it was a pretty straightforward position,” said Kraatz.