Durango Telegraph - Caught Red-handed - April 4, 2019

Yes, this is a rewrite of an earlier post, revised after giving it some more thought, I like to think improved, so I sent it to the Durango Telegraph.

Dear Editor of the Durango Telegraph,

Here’s the latest twist in the never-ending saga of Red McCombs Village at Wolf Creek pipe-dream.  Seems that Friends of Wolf Creek got tired of waiting for their legitimate FOIA request to be honored.  Nothing had been handed over although the deadline had passed well over 200 days earlier.

Early March a U.S. Magistrate stepped in and ordered the Forest Service to start releasing those papers. This has the usual suspects all up in arms about how poor old McCombs’ is being abused by "out of control" environmentalists.

“There is a law that says the USFS has to grant access to inholdings,” … McCombs has a sacred property owners right to develop that land if he wants, curses to those damned environmentalists for playing legal hardball.

But wait, there's more to this.  We The People firmly believe this is a property rights dispute alright.  Our property was stolen from us and we have an ethical duty to fight tooth and nail with every legal tool at our disposal until that property gets returned to its rightful owner, the American People via the Rio Grande National Forest. ... (con't)

INDEX of VWC-EIS ...

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

https://www.fs.usda.gov/project/?project=35945

VWC-EIS, Objection Issues and Responses #1, #2

United States Department of Agriculture Forest Service
Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

Issue 2: Judicial orders preclude reliance on FEIS

VWC-EIS, Objection Issues and Responses #3, #4, #5, #6

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #7, #8, #9 #10

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 Village at Wolf Creek Access Project Draft 11/15/18

Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #11, #12 #13

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Contents 

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

VWC-EIS, Objection Issues and Responses #14, #15, #16

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #17, #18, #19

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018  

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #20, #21, #22

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #23, #24, #25

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #26, #27, #28

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18
Objection Issues and Responses 

Contents 

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

VWC-EIS, Objection Issues and Responses #29, #30, #31, #32, #33

TUESDAY, NOVEMBER 20, 2018

Index of VWC-EIS, Objection Issues and Responses. 33 issues addressed 

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest

My post of the "Index of the VWC-EIS, Objection Issues and Responses" has been amazingly well visited.  Ironically, I also put together a series of posts of highlights from those 33 responses.  Then I ran out of steam and it didn't seem important, and other matters were, and I was gone, now I'm thinking perhaps it's more important than I thought and that it would be good to post them after all.

___________________________________________________________________

United States Department of Agriculture Forest Service

Rocky Mountain Regional Office 

Response to Objections on the Village at Wolf Creek Access Project, Rio Grande National Forest 

November 2018 

Village at Wolf Creek Access Project Draft 11/15/18

Objection Issues and Responses 

Contents 

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 science

Issue 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