Village at Wolf Creek... 1980s pipe dreams over reality, Rio Grande river losses

… this round. :smirk:
Well the buzz in this neighborhood is that Rio Grande National Forest is about to release the final final Environmental Impact Statement,
which once again rolls over for Clear Channel co-founder and Texas car dealer bazillionaire Red McCombs’ obsession with tearing
up a keystone “parcel” to the Wolf Creek watershed, source waters for interstate international Rio Grande River.
This is only an introduction to the main act, which will follow in a day or two. :slight_smile:

Celebrating Alberta Park and Honoring Wolf Creek http://no-villageatwolfcreek.blogspot.com/2015/05/honoring-wolf-creek.html Rejecting the Village At Wolf Creek, list of go to info and resources http://no-villageatwolfcreek.blogspot.com/2015/05/rejecting-villageat-wolfcreek.html
http://www.planetexperts.com/art-for-the-endangered-landscape-honoring-wolf-creek/ Art for the Endangered Landscape: Honoring Wolf Creek Friends of Wolf Creek is planning an informative and inspiring art opportunity this summer, honoring Wolf Creek Pass. Artists of all disciplines will converge at the Wolf Creek Ski Area on Saturday June 20, 2015 to spend the day in the creative process. Then, a traveling art show and sale featuring art works, interpetation and music inspired from Wolf Creek will run in Pagosa 9/26 to 10/26 and Alamosa 10/30-11/29. Durango and Denver dates TBA!

That’s funny, was going to fix that title, yeah, yeah, yeah “loses” not losses.
But, it won’t let me without removing the links, ain’t gonna do it, the links stay, the typo stays.

UPDATE - VWC-RGNF deal tossed out! Judge Rejects Flawed Process - RockyMtnWild Press Release
no-villageatwolfcreek{dot}blogspot{dot}com /2017/05/vwc-rgnf-deal-tossed-out{dot}html
Any future Village Proposal Must Address Development Impacts on the National Forest and Lynx
Denver, CO — The Honorable Senior Judge Richard P. Matsch issued an Order today affirming that the Forest Service “failed to consider important aspects of the issues before them, offered an explanation for their decision that runs counter to the evidence, failed to base their decision on consideration of the relevant factors, and based their decision on an analysis that is contrary to law." This Order concludes another chapter in this decades long saga to protect Wolf Creek pass from a large scale residential and commercial development that could accommodate 8,000 to 10,000 visitors.
“This ruling is an incredible victory for the flora and fauna that rely on Wolf Creek pass for their survival," stated Tehri Parker, Executive Director of Rocky Mountain Wild. “This order specifically recognizes the ‘unique’ environmental qualities of this region, and the role that it plays as a wildlife movement corridor between the Weminuche and South San Juan Wilderness areas. We couldn’t be happier with this outcome and getting this great news on Endangered Species Day!"
The Court rejected the Forest Service’s conclusion that it lacked any control over the use of the private parcel. The Court explained that “there is no legal or logical basis for Defendants" position in the FEIS and ROD that the Forest Service had no power or jurisdiction to limit or regulate development on the federal lands being conveyed to LMJV in the present exchange." The Court was troubled by the fact that the Forest Service previously conditioned use of the original parcel created in 1986 “with a scenic easement that limited development."
Judge Matsch was also concerned with the fact that “development resulting from the Forest Service’s approval of the land exchange will adversely impact an endangered species, yet fails to comply with the statutory requirements for the protection of that species." The species the Court was referring to is the federally listed Canada lynx which would have been harmed had the Village construction and operation commenced.

Yippy, excuse me, gotta do a victory lap.
Although it still ain’t over, the billionaire’s insider land trade deal with the Rio Grande National Forest is finally officially dead.

Not that 'ol Red is knocked out, but his past 12 years of a very expensive end run maneuvers have been throughly trashed thanks to public awareness and much resistance, and righteously good hard working lawyers.

Judge ends ‘Village at Wolf Creek’ land exchange

By Aedan Hannon Herald Staff Writer

Thursday, Dec 16, 2021

District of Colorado Judge John L. Kane officially unwound the 2015* land exchange between Rio Grande National Forest and Leavell-McCombs Joint Venture this week, ending one of the paths forward for the development of the “Village at Wolf Creek.”

The ruling confirms a major victory for environmental groups in Southwest Colorado that have fought to stop the 1,700-unit development that would have served 8,000 to 10,000 people adjacent to the remote Wolf Creek Ski Area.

“It really just ties up the bow,” said Jimbo Buickerood, the lands and forest protection program manager with the nonprofit San Juan Citizens Alliance. …

*Actually, Red McCombs land exchange strategy started around 2009, but went through a major readjustment in 2015 .

Somethings are worth making a fuss about.

:wink:

Another nail in the coffin of the billionaire Red McCombs’ bizarre fantasy of building a luxury village for 10 to 8 thousand pampered ultra-rich citizens at 10,300 feet, that’s even higher than Silverton’s 9,300 elevation, though that town was justified by the mountains being full of the cure for gold fever.

All this speculation would have to offer home owners is tons of snow in the winter near the bottom of a ski lift. Oh, also some great views of a bark beetle devastated Spruce forest. All at the price of irreparably damaging and polluting the integrity of a major watershed of the Rio Grande River.

By Jason Blevins, The Colorado Sun

“Judge Arguello on Thursday ruled that the Forest Serviceshould not have relied on its “flawed” and **“legally deficient”**2015 environmental review of Wolf Creek Village to make its 2019 access decision. She ruled both the 2019 right of way decision by the Forest Service, just like the agency’s 2015 approval of the land exchange, was “arbitrary and capricious.”

“… confirmed an earlier ruling that the Forest Service “failed to consider important aspects of the issues before them, offered an explanation for their decision that runs counter to the evidence, failed to base their decision on consideration of the relevant factors, and based their decision on an analysis that is contrary to the law. …”

“We’ve never seen an honest evaluation of the environmental impacts of constructing a city of 8,000 people at over 10,000 feet atop one of snowiest locations in Colorado, probably because the impacts if revealed would be staggering,” Mark Pearson, executive director at San Juan Citizens Alliance, said in a statement.

Someone’s reminded me, this thread is ready for an update:

February 22, 2023

‘Red’ McCombs dies at 95

Red McCombs, Car Salesman Turned Media Mogul, Dies at 95

I did meet him twice and all I can say is that he was a man for whom too much was never enough.

Now I can only hope his family will reconsider their Alberta Park misadventure, then do the right thing by trading the Alberta Park parcel for something more realistic at lower elevation, or simply returning it to it’s rightful owners, the national trust, within the protection of the Rio Grande National Forest.

They could then change the name to “Red McCombs’ Memorial Meadow”.

After all, it is in the heart of the headwaters to the interstate, international Rio Grande River, it deserves to be left alone, serving its historic function as watershed and wildlife refuge.

What better tribute could there be?

SUNDAY, APRIL 7, 2019

INDEX of VWC-Environmental Impact Statement issues …

Contents

Issue 1: The village proposal expands impacts of the federally permitted ski area development

Issue 2: Judicial orders preclude reliance on FEIS

Issue 3: The Forest Service has never made Leavell-McCombs Joint Venture’s proposal (ANILCA alternative) available for review by the public or other local, State, and Federal agencies with jurisdiction and control over the Wolf Creek Ski Area complex

Issue 4: The purpose and need and designation of the NEPA “Federal Action” are invalid

Issue 5: The FEIS perpetuates the same structural flaws addressed by the previous injunction and settlement

Issue 6: The range of alternatives considered is inappropriately narrow

Issue 7: Alternatives involving mitigation measures and ANILCA terms and conditions were not analyzed

Issue 8: The no-action alternative is inappropriately dismissed

Issue 9: The Forest Service failed to incorporate the input of several key cooperating agencies

Issue 10: ANILCA and existing Forest Service regulations do not require enhanced road access be provided to the federally encumbered Leavell-McCombs Joint Venture parcels

Issue 11: New information and stale (dated) analysis requires new NEPA process

Issue 12: ANILCA as preferred alternative is not compared to other alternatives

Issue 13: The consideration of connected actions and indirect and cumulative impacts in the DEIS is inadequate

Issue 14: The property appraisal confirms adequate access and comparable properties exist

Issue 15: The effects on wetlands are inadequately analyzed

Issue 16: The ANILCA alternative would lead to a loss of Canada lynx habitat and reduced functioning of an important Canada lynx linkage

Issue 17: The proposed decision would violate standards, guidelines, and objectives for lynx conservation

Issue 18: Spruce bark beetle impacts on lynx habitat requires additional analysis

Issue 19: The proposed conservation measures would not be effective in reducing impacts to lynx nor promoting recovery to a full, viable population

Issue 20: The Lynx Conservation Strategy was developed without any public involvement, in violation of NEPA

Issue 21: Application of any conservation measures is at best uncertain

Issue 22: The action alternatives would harm other wildlife

Issue 23: The action alternatives would reduce water quality

Issue 24: Lack of mitigation measures

Issue 25: Water supply for either action alternative may not be sufficient or reliable

Issue 26: In violation of NEPA, the FEIS fails to analyze the feasibility of, and the possible impacts from, a grade separated interchange at the village access road with Highway 160

Issue 27: The FEIS fails to analyze the comparative impacts of expanding federal control via the scenic easement

Issue 28: Failure to reinitiate consultation for the yellow-billed cuckoo pursuant to Section 7 of the Endangered Species Act

Issue 29: Bias and proponent control of the third party NEPA contractor was built into the contract

Issue 30: Failure to consider new information

Issue 31: Failure to consider the best available scienceIssue 32: Failure to adhere to NEPA’s public involvement mandates

Issue 33: Reasonable use and enjoyment that minimizes environmental effects requires an analysis of the visual effects to the congressionally designated Continental Divide National Scenic Trail

VWC-EIS, Objection Issues and Responses.

November 15, 2018

Well sometimes I surprise myself. A drop deadline also has a wonderful way of focusing the mind. Might as well share it a bit, cause this ain’t over it’s until over.

The flier has a long side and a short side, and I kinda of like what I finished with, which is quite far from where I started and ideas I’d been playing with this past week. It’ll be interesting how it stands up to time.
Oh and what kind of reception it receives tomorrow.
Yeah, I’ll be pushing two issues.

NO - Village at Wolf Creek, in the hydrological heart of the Rio Grande National Forest

The epic battle to save Alberta Park in the hydrological heart of the Rio Grande National Forest, the Wolf Creek watershed, and tributary to the Rio Grande river, continues unabated.

A recap of the latest: Friends of Wolf Creek successfully challenged a RGNF approval and in October 2022 a federal judge invalidated the Forest Service’s approval of the access road. But the Forest Service appealed the decision in April 2023, and an oral hearing was held in January, 2024. A ruling is expected sometime this year.

When the decision comes out, the smoldering will reignite and it’ll be time for friends of Wolf Creek to remember NO-Village at Wolf Creek, and to step up, reacquaint ourselves with the facts and start demanding that USDA-RGFS stop its decidedly pro-development approach towards Leavell McCombs Joint Venture’s destructive pipe dream.

What can we the people do? Perhaps if we started a letter writing campaign to put pressure on appropriate Colorado Representatives and Agencies and demand that they start putting pressure on the USDA-RGFS to, A) acknowledge the irreplaceable importance of Alberta Park, B) help resolve this existential threat to the health of this wetlands, ancient fens resource, and wildlife habitat and key migration corridor.

It should be made clear to all, once and for all, that Alberta Park should never be developed in any way. Leave the underground hydrological networks and biological habitats in place doing what they have always done. Leave it alone! Period.

Mr. McCombs and LMJV have been playing a billionaire’s hustle on the USDA-RGFS that needs to be exposed, discussed, and officially rejected. They attained Alberta Park through trickery and back channel power brokers such as the disgraced Tom DeLay.

We The People have a right to reassert our claim upon this land, that was underhandedly ripped from the Rio Grande National Forest in 1986, it belongs back within our National Forest and our American legacy to be protected for future generations.

LMJV refuses to acknowledge the host of costly logistical details that a town of eight thousand require, especially isolated at ten thousand feet elevation. This should be exposed. There are absolutely no preexisting municipal resources anywhere near this parcel. What do these flatlanders know about towns at ten thousand feet elevation? Selling us a start up for a couple thousand and build-out at 8000 residents. Seriously? Does anyone actually believe that?

Pagosa Springs (7110’) has < 3000, Telluride (8750’) has < 3000, Ouray (7800’) has < 1000, Silverton (9318’) has < 800, Creede (8800’), the sponsoring town, < 300 souls, and is 42 mountain miles away. But, what do they care, so long as they get some extra tax revenue, thanks to lazy lines on a map? Sort of like believing a drop of blood could be tested for everything. A dream too good not to believe in.

Village at Wolf Creek is little different, big promises by bad-faith salespeople and blind-faith investors, both have no clue and little interest in learning about the details. Why else would they steadfastly refuse a new impartial Environmental Impact Study? It’s a travesty that the Rio Grande Nat’l Forest continues to rely on an EIS that Red McCombs practically dictated, as court records established.

Why should we allow Alberta Park to become a rich man’s sandbox to tear up, then abandon, when bored or broke? Why not push Colorado officials to help move this impasse towards a positive resolution, before the bulldozers irreparable destruction begins?


The Short side:
Remember our demand, No Village at Wolf Creek.

I bring this issue to your attention simply because I want to remind people that the threat of Leavell-McCombs Joint Venture bulldozing Alberta Park, in the hydrological heart of Wolf Creek and the Rio Grande National Forest, remains very real.

Currently the latest court decision is expected in a few months, or at least before the end of the year. When that happens I believe we friends of Alberta Park & Wolf Creek need to be ready with a letter writing campaign to push Colorado officials to engage this bureaucratic quagmire and to encourage the USDA-RGNF to reverse it’s pro-development stance and start working toward returning Alberta Park back to the protective bosom of the Rio Grande National Forest from whence it was torn in 1986.

My long shot Colorado 2024 Democratic Platform proposal reads:

“We request Governor Polis and the Biden Administration to take a proactive interest in helping to resolve the long standing Leavell McCombs Joint Venture speculative development threat to the health and well being of Alberta Park, the hydrological heart of the Rio Grande National Forest, headwaters of Wolf Creek and tributary to the Rio Grande River.”


A short list of resources:

SanJuanCitizens.org/village-at-wolf-creek

(San Luis Valley Ecosystem Council) - SLVEC.org/wolf-creek-pass-developments

RockyMountainWild.org

Rocky Mountain Wild updates by Chris Talbot-Heindl

Court Again Rejects Village at Wolf Creek Development Proposal - October 21, 2022

Court rejects the Village at Wolf Creek development proposal yet again! - October 21, 2022

Conservation Groups Challenge Forest Service Again Over Approval of VWC - May 28, 2019

Conservation Groups Cheer Latest Court Decision Rejecting VWC Land Exchange

Advocates Promise Continued Scrutiny of VWC, Vow to Challenge Latest Attempt to Avoid Public Review - July 21, 2018 by Chris Talbot-Heindl

Developers attempt another end run around public on VWC - June 7, 2018

Court Again Denies Red McCombs’ Plea to Approve VWC - September 15, 2017

The “Village” at Wolf Creek Pass – a disaster for the Endangered Species Act listed Canada lynx - February 9, 2017

Response Brief filed to protect Wolf Creek Pass - August 1, 2023 by Matt Sandler

Rio Grande Nat’l Forest Again Sides with Developer in VWC Access Issue - Feb 28, 2019

Also at NO-Village At Wolf Creek.blogspot.com, I’m starting a series of posts to dig deeper into the various aspects of this LMJC disaster we’re trying to avert.

I Want to be ready to run with this when that court decision comes down.

As a distraction, I was also remind about something about Sapolsky’s take on no freewill, basically my first impression is that his bottom line is that because everything has a preceding cause that proves that Free Will is impossible.

And I wonder why? What’s the logical train of thought behind that assertion?
Especially considering how much of our behavior is reactions - occasionally to very novel events.

==============================================
the debrief :wink:

Well as expected my Platform Submission was rejected before reaching the floor for discussion.
Problem being, it was specific, the platform is all written in generalities, mine was a specific single issue matter.

But the county Democratic Party understood the matter worth bringing up. And I’d been in communication with the director, she was sympathetic and I was pleasant and flexible. I make my case and they sympathized that revisiting the No-VWC was important considering where the courts are. I showed her my two paragraph statement, mentioned I’d timed it to 45 sec. - and they liked it.

After the platform package was discussed and passed, and before adjourning, they introduced me and gave me the podium and gave me a minute to say my piece.

Ahead of time I passed out 80 packets, the above sheet, and the In Defense of Women postcard, with a 1/2 sheet pitch, outlining my effort and asking for help via GoFundMe.

I was gratified that after the event was over, I walked through the chairs to retrieve packets left behind, only 20 of the 80 I set out. I thought that was good. Of course, it’s sort of like the library, most everyone believes in women’s rights, and stopping that monstrosity at Alberta Park before it happens, it just takes some one to step up…

With a couple decades of participation, it also nice seeing acquaintances from the past, watching each other growing old, we used to party, now we’re part of the parents dead, or dying, and grandkids arriving, phase of life. What a ride it’s been.

Excuse the reminiscing, I figure why not ,something close to home. :v: :slightly_smiling_face: