Mt. Crested Butte, CO – Late Thursday, U.S. Forest Service Deputy Regional Forester Jim Peña released his decision regarding the Snodgrass Mountain expansion proposal appeal originally filed by Crested Butte Mountain Resort (CBMR) in December 2009. Deputy Regional Forester Peña affirmed Forest Supervisor Charlie Richmond’s refusal to consider the Snodgrass Mountain expansion proposal in a National Environmental Policy Act (NEPA) process with public involvement. Peña’s decision specifies that Richmond had the “broad discretionary authority to deny” CBMR’s Snodgrass Mountain ski area expansion proposal.nPeña’s decision goes on to conclude that “another authorized officer might have made a different decision.”

The proposed Snodgrass Mountain expansion would have increased the amount of intermediate and advanced ski and snowboard terrain at the Colorado resort with 276 acres of skiing served by three lifts, a beginner carpet, and a connector Gondola from Crested Butte Mountain. Snodgrass Mountain is located adjacent to Crested Butte Mountain.

“Of course we are incredibly disappointed,” said Tim Mueller, president of CBMR. “We are still reviewing the decision but it is clear that Jim Peña ignored the problems and fundamentally unfair aspects of Charlie Richmond’s decision, which we identified in our appeal. Peña’s ruling does not state that Charlie made the best decision, the right decision, or even a fair decision. He only states that he did not exceed his discretionary authority.

“Charlie Richmond played a bait and switch game with CBMR and Peña’s decision completely ignores all of that,” said Mueller.

NEPA prescribes a process by which a formal proposal is reviewed, objective studies are prepared and public comment is sought. It allows those in favor of, opposed to, and wanting to know more about the proposal to review the facts and weigh in.

According to Mueller, during a four-year “pre-NEPA” review process, the Forest Service communicated to CBMR and the public repeatedly that if CBMR addressed two threshold questions – geologic suitability and public support – it would commence a public review under NEPA. CMBR states that Forest Supervisor Richmond communicated to CBMR in writing in January 2009 that those questions had been addressed.

Mueller further asserts that Internal Forest Service documents reveal that Richmond made the decision that CBMR has a valid need to expand, that each threshold issue had been resolved, and that he had decided to begin the NEPA process. Richmond sent his decision to the Forest Service Regional Office in Lakewood, Colo. for approval in July 2009.

Richmond, supervisor of the Grand Mesa, Uncompahgre and Gunnison Forest, in November 2009 decided against the NEPA process for Snodgrass Mountain, citing a lack of community support for the project, increased public demands upon the forest and regional infrastructure by an increased influx of skiers, as well as unstable soil and unpredictable hydrology. Richmond determined that CBMR’s proposal should not be given a public review because CBMR had not resolved issues before entering the NEPA process.

Richmond did not raise any of these new issues to CBMR prior to the November decision, Mueller says. He asserts that they exist and are addressed for every ski area expansion project in Colorado via the NEPA process.

“Peña seems to believe it does not matter how Charlie Richmond reached his decision or that it was fundamentally unfair,” continued Mueller. “Peña’s ruling simply states that Charlie can make any decision he’d like.”

Forest Service officials were not available for comment.

The Chief of the Forest Service, Tom Tidwell, has the authority to review the appeal decision and enact a different ruling. CBMR plans to ask Tidwell to review this decision and set it aside based upon the issues identified in CBMR’s original appeal: that the Forest Service did not follow its own regulations, and Forest Supervisor Richmond made a fundamentally unfair decision in a private process that violated federal law and excluded the public from a watershed public lands decision that determined the future of the ski area and the community.