Not content with the Forest Service’s access decision that granted Mr. McCombs not just one, but two access roads to build the “Village” at Wolf Creek, the developer petitioned for “discretionary review” of the Forest Service’s April 3, 2006 Record of Decision by the US Department of Agriculture (USDA).
In Leavell-McCombs Joint Venture’s August 15th court motion in their ongoing lawsuit with the Wolf Creek Ski Area, they note:
“The Joint Venture has filed a request for a discretionary review of the Final Decision with the Secretary of Agriculture urging that only one road, the Tranquility Road, is necessary for the Village and that the second access road, the Snow Shed Road, constitutes an unnecessary environmental impact on Forest Service lands. That appeal is pending and the outcome is uncertain.”
On August 28th, Colorado Wild sent a letter to the USDA raising concerns about the petition’s lawfulness and the developer’s continued attempts to circumvent public process. Early reports in the Denver Post suggest we may have nipped this in the bud, as USDA spokespersons have confirmed that McCombs’ request is “not going to happen.”
The complexities and expense of the two access road alternative should provide sufficient time for Colorado Wild and the Friends of Wolf Creek to mount a legal challenge to the flawed Forest Service FEIS, ensuring that the public is finally informed of, and protected from the unabated impacts of the proposed development.