Friends of Wolf Creek Update

Friends of Wolf Creek Update
November 22, 2006
Court Suspends “Village” Construction – Another Wild Winter at Wolf Creek

Hello Friends,

I’m writing to share great news. In response to the lawsuit we filed in October, US Federal District Judge Kane issued a 10 day Temporary Restraining Order (TRO) last Thursday ceasing road construction and other activities related to the proposed Village at Wolf Creek. After negotiating with the other parties, we reached an agreement this week converting this Order into a Preliminary Injunction (PI) prohibiting construction and permitting activities from going forward until the Court can rule on our case sometime next spring.

This is a huge victory for our efforts, ensuring that the Village is essentially held at a standstill until our concerns are heard by the court. As a result, we’ll all enjoy another winter at Wolf Creek without any Village activities.

Specifically, the agreement bars road construction, application for highway access permits from CDOT, or any other ground disturbing activities. The Forest Service had refused to delay road construction for even a few days, so we were forced to seek the court's intervention. Thankfully, you and I can now rest assured that the developer and the Forest Service can't continue to rush this project forward.

Meanwhile, thanks to our successful lawsuit last year which overturned Mineral County’s approval of the Village development plan, McCombs can’t go back to the County for approval until after receiving a permit for access from CDOT. Thanks to our injunction, that won’t happen anytime soon.

Once the court takes a close look at the Forest Service's flawed decision, we believe that the agency will have to go back and consider all of the impacts associated with its decision to allow access from US Highway 160 to the proposed Village site, not just those arising from the footprint of the access roads themselves. Beyond the substantial delay, we believe that this would result in major changes to the access granted, and the proposed Village itself.

As 2006 draws to a close, McCombs still needs permits from CDOT, the Army Corps of Engineers, the Colorado Department of Public Health & Environment, Mineral County, and others before he can legally begin construction of the Village. With your help, ongoing FOWC efforts will scrutinize and, if necessary, challenge every one of these processes to ensure that the project remains at a standstill until all of the government agencies involved take a hard look at the project and its thus far unregulated impacts.

Thanks again for making all of this possible. Together, we are well poised to make 2007 a victorious year for Wolf Creek, and for everyone that has done so much to see it protected.

Ryan