Mail Tribune News - Ski area could still face uphill fight

Mail Tribune (Medford, OR — Wayback)

2000-09-15

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Ski area could still face uphill fight Panel votes Thursday on Pelican Butte By BETH QUINN Federal environmental laws don't flat out prohibit development in old-growth forest reserves meant to protect endangered wildlife. But new development that threatens an individual spotted owl reserve could be a problem. That's the preliminary word from regional resource managers asked to rule on a question raised by the proposed development of a $34 million ski resort at Pelican Butte in Klamath County. At issue are conflicting interpretations of the Northwest Forest Plan, which created reserves of older trees to protect endangered spotted owls in national forests in Oregon, Washington and parts of California. U.S. Fish and Wildlife Service officials have asserted that development must have no adverse effect on listed endangered species while Forest Service officials argued for a looser standard. The Forest Service view appears to have won out in a decision being prepared for review by a board of regional executives on Thursday. "There may be occasions where you'd permit new development in a late successional reserve if it has adverse effects," said Don Knowles, executive director of the Regional Ecosystem Office in Portland. "This doesn't give you an automatic pass and it doesn't give you an automatic prohibition." If the regional board of executives from 12 federal agencies, including the Fish and Widlife and the Forest Service, signs off on that view Thursday, the Winema National Forest plans to issue an environmental impact statement the next day that would allow the full or partial tree removal on up to 162 acres of late successional reserve, up to 70 acres of spotted owl nesting, roosting or foraging habitat, up to 67 acres of bald eagle management areas and up to 327 acres of key watershed. In light of Fish and Wildlife's concerns, Winema forest officials redesigned proposed ski trails to minimize but not eliminate the impact on old-growth reserves. "There will still be impacts in the late successional reserves," said Don Hoffheins, Pelican Butte project leader for the Winema forest. Fish and Wildlife officials refused comment until the regional board officially rules on the matter but have said in the past that they'll fight to prevent any development that puts in jeopardy endangered species, including spotted owls, bald eagles, Lost River and shortnose suckers. But even with the backing of the Winema forest, Jeld-Wen Inc.'s Pelican Butte plans may face an uphill battle for final approval. The Regional Ecosystem Office's proposed interpretation of federal environmental law requires a case-by-case analysis that could derail the ski area if resource managers find the development jeopardizes the future existence of endangered species. In addition, 1,915 people, groups and agencies have registered to receive copies of Pelican Butte's draft environmental impact statement, including environmentalists and conservationists who've vowed to challenge the project in court. Before any legal challenge can be mounted, Winema Forest Supervisor Bob Castenada must approve development plans, and any decision he makes may be appealed to the regional forester in Portland. Hoffheins estimated the supervisor's decision may not come for six months to a year. Mail Tribune Copyright �  The Mail Tribune 1998, Medford, Oregon USA