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Sunday, December 23, 2001
Guest Editorial, Duluth News Tribune
It's time for a new vision for Spirit Mountain
Perhaps now that the Duluth City Council has denied
the work permits and land conversion request for the controversial golf
course and hotel project at Spirit Mountain, this community should take
a deep breath and develop a unified vision for Spirit Mountain.
The Spirit Mountain Recreation Area Authority would like to have the
hotel to attract guests and to increase use and revenues. This is a
reasonable thing.
The developers want the hotel to make a profit on their investment.
There's absolutely nothing wrong with that.
The most controversial aspect of this project is the golf course. The
course would greatly alter -- and some believe destroy -- the forest.
The proposed golf course is not a forest-dependent use, but one that
sees the forest as an encumbrance. It may also -- depending upon who you
believe -- have deleterious impacts on the Stewart Creek watershed. And
the Anishinabe people see the golf course as an insult to their
religious beliefs, since it would be located in an area they consider
sacred.
By removing the golf course from this scenario, controversy
diminishes, and it is likely that the Land and Water Conservation Act
issues can be more easily resolved. But what would then attract people
to stay at the hotel during snow-free months?
One idea might be to work with the state of Minnesota to convert the
area between Skyline Drive and I-35 into a state park. The best of the
old growth could be designated as scientific and natural areas. Federal
Land and Water Conservation Act money perhaps could be applied for by
the state to make this acquisition, compensating the Spirit Mountain
Recreation Area Authority and Duluth for the purchase.
The area already has a campground that could be upgraded, and the DNR
has the expertise to develop hiking, biking and ski trails and an
interpretive center, and to manage the forest for its old growth
attributes. Perhaps a cooperative agreement could be worked out with the
city of Duluth for DNR assistance in managing the adjacent
Magney-Snively city forest property. Managed cohesively with nearby Jay
Cooke State Park, this block of land would allow for serious study of
old forest and act as a attraction for those interested in these
attributes.
Since the forest would be left intact, it would also help preserve
the interests of the Anishinabe -- but perhaps more could be done here
as well.
The area below Skyline Drive could be maintained as the ski area and
include the hotel site. The proposed "land swap'' could satisfy
Land and Water Conservation Act issues, and with the developer's land
left forested, I suspect opposition would be minimal. Visitors
interested in forest-dependent activities could help fill the hotel in
the summer. Conventions designed to attract ornithological groups,
native people and others could help swell use. The vast parking lots
used in winter for skiers could be attractively landscaped to be used as
RV parks in the summer.
A second phase of development could include an aerial tram down to
the Munger Trail, St. Louis River and Lake Superior Zoo. It could also
include a golf course -- but to be located at the nearby abandoned U.S.
Steel site. Hotel guests could be whisked by this tram down the hill and
briskly transported by some sort of surface mode to the golf course, yet
still be able to stay at the hotel on the mountain and enjoy its
magnificent vistas.
Perhaps we could build boat docking facilities. The St. Louis River
is a world-class fishery, and anglers outnumber golfers 2 to 1 in
Minnesota. They too could stay at the hotel.
Is any of this workable? Hiking, biking, nature studies and bird
watching are all growth "industries.'' State parks can be a big
attraction. Angling is huge. Golf could still be a part of it. Marketing
will be important, but the Duluth Convention and Visitors Bureau is the
best there is. The U.S. Steel site has environmental clean-up issues
involved -- but since resolution would benefit developers, neighbors,
tourism, and the environment, surely these issues aren't insurmountable.
We have a lot of creative people in this city who -- freed up from
fighting with each other -- might just figure out a way to meet
everyone's interests. Not only would this be good for Spirit Mountain's
natural assets, it would still create jobs and development. It would
also be good for Duluth by fostering cooperation.
Or we can go back to "winner take all.''
MICHAEL FURTMAN, a Duluth resident, is vice president
for conservation of the McCabe Chapter of Izaak Walton League of
America.
11/29/01 DNR tells City of Duluth that
environmental review beyond the developer's EAW of two years ago must be
done, and meet federal standards.
From: Joe Kurcinka
To: Allison Lutterman, Mike Conlan
Date: 9/26/01 12:17
p.m.
Subject: Spirit Mountain – Environmental
Assessment and Conversion
Allison, Mike and Bob,
I know that you are well aware that the Izaak
Walton League of Duluth is opposed to the proposed project. What you may
not know, is that they are pressing their points in weekly e-mails and
letters to the DNR and the National Park Service. I spoke with Bob
Anderson of the National Parks Service yesterday about this and the EAS
process. As a result of that phone call, I would like us to meet to
discuss the Environmental Assessment and the Conversion process. I will
hit the highlights of my conversation with Bob A. in this e-mail and
will call Mike to set up a meeting.
1.
Bob Anderson reminded me that a request for a conversion is a
federal action and as such all steps in the conversion process must meet
federal standards. This is particularly important in highly contentious
cases such as this. From his experience, he says that it is quite likely
that this conversion request will end up in court.
2.
At the federal level, the EAS requires and analysis of
alternatives as well as clear presentation of all known environmental
information. The Izaak Walton League has written to both the DNR and the
National Park Service that new information has been developed since the
state level EAW of the project. In his latest letter, Mike Furtman has
requested that we examine the findings of the Izaak Walton League rare
plant survey as well as new data that has been produced by the DNR
Division of Fisheries concerning water temperatures in Stewart Creek.
Additionally, the DNR has received from one of your citizens a report
done by your city’s Environmental Advisory Council which raises a
number of environmental questions. We will need to consider all relevant
information in the EAS process.
The Izaak Walton League is also requesting
that attention be given to the content of the state EAW. They contend
that the court ruling simply concurred that the process was followed and
made no determination as to the content of the EAW. Yesterday, Bob
discussed a case in Illinois where the Sierra Club was successful in
court in overturning a Park Service conversion decision based on the
inadequacy of the “content” of the environmental review.
3.
Bob stated that because all development actions in this project
are linked, it will be essential that environmental impact information
be provided on all aspects of the development, not just the areas being
requested for conversion.
4.
Effective mitigation of potential environmental impacts is key in
continuity to move this forward. Documents from the city need to clearly
present what mitigation strategies are being used to address potential
environmental impacts. The individual responsible for the EAW process
for the city should likely have a good understanding of the mitigation
strategies.
5.
Finally, you may want to think about how to effectively address
the interests of the Izaak Walton League and other environmental groups
in your city and come to some sort of an agreement. Conversion decisions
in other states have been taken to court by environmental groups.
We need to discuss the details of all of
this. I will contact Mike to set up a meeting.
Joe Kurcinka
11/25/01 There will NOT be a meeting
between the Ikes, and other conservationists, with the Spirit Mountain
Developers as reported in a recent Duluth News Tribune article!
Spirit Mountain Update
By Michael Furtman
No doubt a few of you are confused about the reports in the press
lately regarding our involvement in the Spirit Mountain issue.
First, it was reported that our rare plant survey found nothing. This
simply isn’t true. For details, see the highlights of the report
elsewhere in this newsletter.
Second, you probably were surprised by the front page article that
said we were meeting with the developers and the city to negotiate a
solution to the problem at Spirit Mountain.
You should know that yes, we did meet with Mike Conlan of the city of
Duluth to discuss the possibility of other meetings. The meeting came
about not because the administration suddenly decided that an open
process was preferable, but because the Minnesota Department of Natural
Resources (DNR), which has already ruled that the development of a hotel
at the site is illegal, suggested to the city in an email message that “you
may want to think about how to effectively address the interests of the
Izaak Walton League” and also that “effective mitigation of
the environmental impacts is key to continuing to move this (the
golf course/hotel project) forward.”
Dave Zentner, Jan Green and I suggested to Mike Conlan at this
initial meeting that while we were not sure if a compromise could be
reached because doing so would require major reconfiguration of the golf
course, we would be willing to further discuss the matter providing our
concerns were taken seriously. We asked if Mike would ask the developers
if they’d be willing to meet. In the meantime, the entire chapter
Board of Directors discussed these possible meetings, and decided that,
since we are reasonable people, Jan, Dave and I could continue to meet
with the city and/or developers provided our partners were invited (MCEA,
Trout Unlimited, and Nancy Nelson), and that we protect our interests in
this matter which are 1) the trout stream tributary, 2) the old growth
forest, and 3) full compliance with the letter and spirit of the Land
and Water Conservation Fund (LWCF).
A week or so later, Mike announced to the city council – without
notifying the League – that he was working with the Ikes, and
characterized our concerns as limited to the “water quality issues.”
The press at this council meeting picked up on Mike’s comments, and
did the story you’ve read.
In that story, Kent Oliver characterized one of our most stalwart
partners on this issue – Nancy Nelson – as a liar and a nuisance. In
an earlier article (on the rare plant survey) his partner described us
as obstructionists.
When Mike broke our trust in unilaterally announcing our meetings –
and at a time and in a manner that furthered the city administration’s
quest to get the city council to grant work permits for the project, and
to support the proposed “land swap” that they believe will solve the
LWCF issues – the Board of Directors was angered. But when the news
story appeared, in which Mr. Oliver not only denigrated one of our
partners, but claimed to have attempted to meet with us in the past (a
complete fabrication), the Board then decided that it was no longer in
our interest to meet with people who not only don’t take our concerns
seriously, but also seem bent on using our good faith effort to further
their goals.
We are happy that the DNR has told the city that it must address the
environmental issues and local environmentalists' concerns before the
project can go forward. We already knew that this project violated
federal law, and raised significant environmental problems. It is up to
the city now to resolve these LAWCON issues and environmental problems
to the satisfaction of the DNR and NPS, and until then, there's nothing
to negotiate.
So where do we go from here?
Despite what you may have heard from the city or in the local press,
the LWCF issues are far from resolved. In order for the hotel to be
built (a violation of the LWCF) the city will have to obtain other
properties to replace this land – thus the proposed “land swap” in
which the developers would give their half of the project land to the
city, but then the city would immediately lease it back to them. This
shell game is a clear violation of the intent of the LWCF which is to
ADD to the public land base, and we intend to try to convince the MN DNR
and the National Park Service (NPS) of the inappropriateness of this
trade.
In any case, any land swap will require an environmental review.
Because this is a federal action (the DNR is under contract to the NPS
to administer the LWCF in this instance, but ultimately, it is the NPS
that is responsible), the environmental review will need to meet federal
National Environmental Policy Act (NEPA) standards – standards that
are stricter than local or state requirements. The Environmental
Worksheet Analysis (EAW) done by the developer and city is not adequate
to this task, though it is likely that its information will be a part of
the process.
Conversations with the MN DNR indicate that they too believe that the
EAW is not sufficient, and we have reminded them that their own agency
has raised significant concerns over the project, including work done by
one of their forest ecologists on the old growth issue, and by local
fisheries managers, who’ve confirmed (as we maintained) in the last
year that the tributary in question is a major source of cold water for
Stewart Creek. They concur that this information must be a part of their
review.
The NPS representative on this issue recently stated “that
because all development actions in this project are linked, it will be
essential that environmental impact information be provided on all
aspects of the development, not just the areas being requested for
conversion (the “land swap” for the hotel site).
In addition, the federal environmental review will require an
analysis of alternatives for the site, which the city has never done. In
fact, one of the primary reasons we sued the city and developer was to
have an Environmental Impact Statement (EIS) done (instead of the EAW
which was done) precisely because a state-level EIS similarly requires
that alternatives be considered.
The federal standards also require a clear presentation of all known
environmental information. As you recall, in preparation for our
lawsuit, we gathered environmental information from “pro-bono”
environmental experts. Because the court did not rule on the
environmental information, but instead confirmed only that the correct
process was followed by the city in doing the EAW, we were not allowed
to introduced this expert testimony. Now this information – and more
– can be submitted for consideration.
This process will take at least six months to unfold. By the time you
read this the city council may have – or will be shortly considering
– granting the work permits for the project and deciding whether they
support the land swap.
If they have not yet met on this issue, I urge you to contact your
council member and tell them that you do no want work permits granted
until the LWCF issues are fully resolved, and that you oppose the “shell
game” land swap.
The chapter will continue to work with the NPS and the DNR to insure
that the environmental review is all encompassing, that alternatives are
fully addressed, and that any conversion meet the standards of LWCF,
both in spirit and in law. If you have any questions or suggestions, do
not hesitate to contact me or any officer or board member.
10/1/01 Rare Plant Survey Results
Finds Many Rare Plants -- No Endangered Species
This is a report of the findings made during a rare plant survey of a
proposed golf course site on Spirit Mountain in Duluth, Minnesota in
July and August 2001. One
Minnesota state-listed Special Concern Status species (Torrey’s Manna
Grass) was found, populations of two state-listed Special Concern Status
species (Moschatel and Clustered Bur-reed) found during a survey in 1998
were relocated, a new site
for Clustered Bur-reed was found, and additional populations of a
state-listed Tracked species (White Baneberry) were found.
No populations of a state-listed Endangered Status species (Pale
Sedge) were found on the proposed project site and no new ones were
found near it. No Botrychium ferns with state-listing or of
conservation concern found.
ENTIRE SURVEY RESULTS HERE:
download Spirit Mountain Rare Plant Survey (.pdf file -- must have
Acrobat Reader)
9/7/01 City & Developers offer
proposed "land swap" to bring Spirit Mountain into compliance
with the Land and Water Conservation Fund.
In a surpised announcement, Mayor Doty, the
developers, and city councilor Ken Hogg proposed swaping the developers
acres in Midway Township (the site of the west nine holes of the
proposed golf course) in exchange for the properties on which the
current Villas are located, and the site of the proposed convention
center and condominium hotel. Under the LWCF, the Villas are illegal,
and the building of a hotel would not be allowed.
Although they have touted this as a sure-fire way to
end the debate, the city is again wrong. The law requires that any lands
considered for a trade under LWCF be within the same political
jurisdiction. The developers' acres are in Midway Township, not Duluth,
and so are illegal.
Also, in examining the criteria for such an exchange,
the Izaak Walton League has discovered that such transfer would require
the DNR and NPS to do an environmental review. Since the DNR has to date
not reviewed the proposal, and because their own field people have
already raised concerns about the future of the trout stream and old
growth forest if the golf course is built, the McCabe Chapter has
officially requested that the DNR's own field analysis be the basis for
any environmental review, NOT the developers EAW, which is self serving.
Watch this page for future details on what this environmental review may
entail. To read our comments to the DNR on this issue, please go HERE
(you'll need Adobe Acrobat Reader to read this file).
On a related matter, the city council decided to table
the work permits requests for the project, rather than reject them as
they should have done, even though the land swap is very likely illegal,
or could take months to complete.
In any case, although the developer would like to
begin work this fall, the DNR and NPS tell us that it could take up to
six months for this possible swap (if allowable at all) to unfold. We'll
keep you posted.
9/02/01 Duluth News Tribune
Editorial Pronounces Spirit Mountain Project Dead, Asks Council to
Reject Work Permits
Sunday,
September 2, 2001
In its current form, the golf course/resort hotel
project proposed for Spirit Mountain is dead. It will have to be redone
to comply with the national Land and Water Conservation Act, from which
Duluth received more than $1 million for the Spirit Mountain Recreation
Area.
That, in essence, is the message from Minnesota Department of Natural
Resources Commissioner Allan Garber, head of the state agency that
administers the Land and Water Conservation Act for the National Park
Service in Minnesota.
In an Aug. 17 letter, Commissioner Garber informed Duluth that the
proposed hotel is an "unauthorized conversion and a violation'' of
the act. The golf course has to be brought into "compliance with
all other Land and Water Conservation Fund rules, regulations and
requirements'' regarding public access, pricing, public accountability,
etc.
In general, notes Garber, the proposed lease for the golf
course/hotel is "pushing the envelope'' for projects under the Land
and Water Conservation Act because it "provides for the
development, operations and maintenance by private developers.'' Garber
reminded Duluth that under the law, "the City has the
responsibility to ensure that it retains control and tenure of the
area.''
In short, major changes are needed before the project can go forward.
Under the circumstances, it would be silly for the City Council to
approve work permits for the old proposal when an overhaul is required.
Yet, because city staff recommended a developer request for permits
before these issues were resolved, the council must make a decision at
its Sept. 10 meeting in order to meet a 120-day deadline (Sept. 12)
established when the city staff request was made. Under the
circumstances, the council has little choice but to reject the current
request for permits, making it clear that it will consider permits when
a reconfigured proposal is submitted.
The Land and Water Conservation Act championed by President Kennedy
and passed by Congress in 1964 is one of the most successful
conservation and recreation laws in American history. Like other cities
that have taken grants, Duluth, in accepting more than $1 million for
the Spirit Mountain Recreation Area, agreed to maintain the entire site
perpetually for public outdoor recreation use. City officials have known
this since the 1970s.
To avoid redoing the golf course/hotel proposal, the city could seek
approval to privatize the publicly owned Spirit Mountain Recreation Area
and replace it with new public lands at a cost, it has been estimated,
of $6 million to the taxpayers of Duluth.
A precedent for that would be the Shoreline Park in Long Beach,
Calif. In that case, the city used a Land and Water Conservation Act
grant for development of a 20-acre park. Later, the community decided to
replace the park with a commercial aquarium, amphitheater and shopping
mall. Working with the National Park Service, the city bought new land
and built a new 24-acre public park.
So, that's where we are: Privatize the public Spirit Mountain
Recreation Area and spend some $6 million in taxpayer dollars to replace
it with comparable public outdoor recreation land -- or comply with the
law and make significant changes to the current golf course/resort hotel
proposal.
The fact is that the Land and Water Conservation Act contains very
strong provisions to protect public investment in public outdoor
recreation areas. The law discourages "casual discards'' of public
lands by making changes bear a heavy cost -- as the Park Service states,
"a cost that assures taxpayers that investments in the 'national
recreation estate' will not be squandered.''
Much as the city would like, it cannot escape this choice, and until
the choice is made, the council must deny the permits.
8/24/01 DNR Sends Strong Message to
City -- Hotel, Time Shares (condos) are illegal.
Project will have a
VERY HARD TIME meeting LWCF provisions!
August 17, 2001
Dear Mayor Doty,
Thank you for your letter of August 7
requesting a determination of specific issues related to the Land
and Water Conservation Fund (L&WCF) grant agreement for the
Spirit Mountain Recreation Area.
Before addressing the questions raised in
your letter, I would like to offer five fundamental considerations
that provide a context for the specifics that you raise. These
considerations are based on our understanding of the L&WCF
program requirements and information provided by the National Park
Service (NPS) and of your overall project:
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Let
us not lose touch of the original purpose of the program. As
stated in the Land and Water Conservation Fund Act of 1965,
“The purposes of this Act are to assist in preserving,
developing, and assuring accessibility to all citizens … of
present and future generations… such quality and quantity of
outdoor recreation resources as may be available and are
necessary and desirable for individual active participation in
such recreation..” As described in the L&WCF Manual
(Chapter 600.1.1) the program provides matching grants to
States, and through the States to local governments, for the
acquisition and development of public outdoor recreation areas
and facilities.
-
With
regard to the applicability of the L&WCF conversion
requirements, Chapter 675.9.3 of the L&WCF Manual states:
“The conversion provisions of Section 6(f)3, 36 CFR Part 59,
and this Manual apply to each area of facility for which
L&WCF assistance is obtained, regardless of the extent
participation of the program in the assisted area or facility
and consistent with the contractual agreement between the NPS
and the State. Responsibility for compliance and enforcement
of these provisions rests with the State for both State and
locally sponsored projects. The responsibilities cited herein
are applicable to the area depicted or otherwise described on
the 6(f)3 boundary map and /or as described in other project
documentation approved by the Department of the Interior.”
As we discuss the specifics of the Spirit Mountain
proposal, please remember that the rules, regulations and
guidelines of the L&WCF program apply to the entire
project area as described and depicted in the original grant
requests.
-
Based
on the information available to us at this time, we are
providing you our best interpretation of the guidelines and
requirements of the L&WCF program. Please keep in mind
that these interpretations and decisions are subject to final
review and possible overrule by the NPS.
-
In
the mid 1970’s, the original grants were made to the City of
Duluth. According to the terms of the grant agreement, a
change in the jurisdictional authority would be required to
transfer grant compliance responsibilities to another entity.
This would require prior written approval by the Secretary of
the Interior (NPS). The Department of Natural Resources
recognizes that the Minnesota State Legislature created the
Spirit Mountain Recreation Area Authority to operate the
Spirit Mountain Recreation Area. We are left, however, with a
contractual need to address the issues related to signatories
on the grant agreements. We want to work with the City, the
Authority and the NPSA to efficiently resolve this matter.
-
In
general, the proposed lease is certainly “pushing the
envelope” in terms of what would normally be seen under the
L&WCF program. Normally, local unites of government
develop, own, and control recreational facilities and at times
enter into maintenance and operations (concessionaire)
agreements with other entities to operate the facilities. This
lease provides for the development, operations, and
maintenance by private developers. In this situation, we must
strongly state that the City has the responsibility to ensure
that it retains control and tenure of the area. The lease must
contain the various provisions required by the L&WCF rules
and regulations. The draft proposed amendment to the lease
sent to us on July 31, 2001 begins to incorporate some of the
required lease provisions.
In response to questions posed in your
letter:
-
Golf
Course: Based
on the information we currently have, it is the Department of
Natural Resources determination that the proposed golf course
wound not be a conversion.
While at this time we have concluded that it would not
be a conversion, it would still have to be maintained and
operated in compliance with all other L&WCF rules,
regulations and requirements. Examples of some questions that
need to be answered in regard to operation of the proposed
golf course include whether any practices would be
discriminatory or exclusionary; whether any individuals or
groups would be given preferential treatment over the general
public in regard to access or use of the golf course; whether
operations and maintenance requirements of L&WCF will be
met.
-
Hotel/Convention
Center; Time Share Units:
Though your question refers to a proposed “motel”,
the lease agreement describes the proposed facility as a
“ski in/ski out hotel facility” and identifies proposed
“time share units” and the draft lease amendment states a
“ski in/ski out hotel and convention facility” and that
proposed fees would be comparable to “other convention
center hotels.” Based on this information, the Department of
Natural Resources has determined that the proposed
hotel/convention center located within the boundary of Spirit
Mountain Recreation Area would be an unauthorized conversion
and a violation of the L&WCF requirements. Under Chapter
675.9.3.A, a conversion would occur if “(2) Non-outdoor
recreation uses (public or private) are made of the project
area, or a portion thereof” and “(3) Non-eligible indoor
recreational facilities are developed within the project area
without NPS approval.”
The Department has also determined that
proposed time share units would be an unauthorized conversion and
a violation of the L&WCF requirements. Under Federal rules
36CFR pars 59 “…a conversion occurs when…(1) Property
interests are conveyed for non-public or non-recreational
uses..” It is our
understanding that property interests would be leased by the
developer to third parties for some degree of exclusive use. We
believe that this is a violation.
Based on our
current understanding of the project and of the applicable L&WCF
rules and regulations, the hotel/convention facility and time
share units as currently proposed would be an unauthorized
conversion. We believe, however, that some consideration needs to
be give to the original maps that show a proposed motel site,
albeit at a different location. With that consideration in mind,
the Department of natural Resources is willing to work with the
City/Authority and the National Park Service to see if remedies to
this issue are possible. Please keep in mind that final
determinations of any likely remedies, to include authorized
conversions, are made by the National Park Service.
-
Villas:
We received a faxed copy of the lease agreement on August 16.
We did not have time to thoroughly review the agreement, but a
cursory review shows the same issue as seen in the proposed
time share units. This situation will require further review
and discussion between the City of Duluth, the Spirit Mountain
Authority, the NPS, and the DNR.
I hope this provides the determination
of issues requested in your letter. We would be happy to answer
any additional questions you might have on these issues.
Sincerely,
Allen Garber, Commissioner
Department of Natural Resources
C: Duluth City Council
Spirit
Mountain Recreation Area Authority
 For
an analysis of what the DNR letter means, go HERE
to read our press release!
8/24/01 The
Ikes Respond to the Garber Letter to Doty, Thank DNR for Tough
Talk
August
24, 2001
Allen
Garber
Commissioner
MN Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155
Dear
Commissioner Garber,
On
behalf of the McCabe Chapter of the Izaak Walton League of
America, I want to thank you for your strong and concise message
to Mayor Doty of Duluth and his staff regarding the proposed golf
course/convention center development for Spirit Mountain in
Duluth.
It
has been our experience in this debate that the administration
seldom hears anything it does not wish to, but the clarity of your
letter gives us hope that perhaps now they will address the
significant Land and Water Conservation Fund issues that this
proposed development raises.
We
particularly appreciate the manner in which you opened your letter
– reminding the mayor of the importance and purpose of this
truly landmark conservation law. We can tell by that comment that
your experience as Commissioner has instructed you on just how
painfully difficult is the passage good public policy. When such
laws do indeed pass, it is up to all of us to insure that they are
taken seriously, and that their intent and provisions are
respected. We believe that the city administration will do
whatever it can to squeeze this project through the technical
cracks of LAWCON, even if it violates the spirit of the law.
Consequently, we will be watching that very closely.
We
must confess that we were distressed to learn that Wayne Sames
will no longer be the primary contact for us or the city on this
matter. I do not know all the details behind this change, but I
understand it arose because of a complaint by Mayor Doty. If you
would be willing to share that letter, we would very much
appreciate seeing it. Regardless, I am amazed that the Mayor, who
refused to deal with the DNR until directed to by the NPS after
trying an end run in Washington, DC, could have the gall to
question the motives or propriety of others. However, I do
appreciate that regardless of the legitimacy of his claims, when
such issues arise, it puts you in a difficult position that may
require personnel changes.
That
said, please be assured that in our dealings with Mr. Sames, he
never did anything that could be construed as biased or
inappropriate. In fact, in all my years of dealing with agencies
and bureaucrats, seldom have I found a public servant as diligent
in providing information, returning calls, grasping the nature of
arguments, or adept at speaking in plain language so that your
constituents might understand a situation. He never once shared
with us any privileged information.
I
hope that Sames will continue to provide expertise on this matter,
since he has the greatest familiarity with the law and this
particular situation. Remarkably, it was the same day that I
learned Sames had been replaced that Mr. Bob Anderson of the
National Park Service told me in a phone conversation that “you
should have complete confidence that the DNR will uphold the law.
Wayne Sames is one of the best administrators of LAWCON in the
country.”
This
morning I had a long conversation with Joe Kurcinka after learning
it is he with whom we should now correspond on this matter. I was
impressed by his excellent grasp of the issue and he was very
helpful in explaining to me the main points of your letter to the
mayor. Thanks to that conversation and the contents of your
letter, I am reassured that the agency will do its best to
administer the protection clauses of LAWCON.
While
I understand that it is very important that you work cooperatively
with the city on this matter, there are a few points I’d like to
make along those lines. First, the administration (supporters of
the project) is not the sole branch of government in our city, and
the city council (which is largely opposed to the project) is a
co-equal branch of government. I realize this puts your agency in
a very difficult position, but I point it out so that you know
that city government itself is divided on this project.
Second,
although the League has no legal standing in this matter, we, as
one of the main forces behind the creation of LAWCON over 40 years
ago, have a long standing interest in its sanctity. Our chapter
members, as volunteers, have been involved in this particular
debate for nearly three years. We would very much appreciate the
same level of information and cooperation as the city. The mayor
continues to characterize us – an organization long recognized
as one of the most reasoned voices in the conservation movement
– as CAVE people (Citizens Against Virtually Everything) simply
because we wish to see LAWCON’s protections fully applied. It is
clear to us that because of his attitude, we will receive little
cooperation from the city in finding out how this matter is being
resolved, and therefore appeal to you that we be kept apprised of
how the future of our public lands are being decided.
Finally,
although I’m sure the city administration will pressure the DNR
to act quickly on this matter, we ask you to take whatever time is
necessary to gather the information needed to fully assess the
project and any possible conversions. The administration has
known, or should have known, about LAWCON for years. Only recently
have they decided that they must deal with it. Less that just two
months ago, the Duluth Planning Commission characterized LAWCON as
an arcane and outmoded law. The point is that any project delays
arising from untangling this situation have not been caused by the
Ikes, or by the DNR and NPS, but by the administration itself
because they failed to take the law seriously.
As
you are probably well aware, the League has had a long,
cooperative, and mutually beneficial association with the good
people of the MN DNR. To that end, if there is anything that I or
the Izaak Walton League can do to help you discharge your duties
in this matter, we are at your service.
Thank
you again for your time, and for your response to the city and
Mayor.
Sincerely,
Michael
Furtman
VP Conservation
McCabe Chapter IWLA
For
an analysis of what the DNR letter means, go HERE
to read our press release!
7/27/01 Rare Plant Survey Begins.
Read About It HERE.
7/17/01 Duluth News Tribune
Editorial Urges Oberstar to Stay Out of Spirit Mountain Debate.
Our View (Duluth News Tribune, Tues., July 17, 2001)
You may be puzzled by a request from the
Duluth city administration for you to "facilitate'' a meeting
with the National Park Service and the Minnesota Department of
Natural Resources regarding a proposed golf course for the Spirit
Mountain Recreation Area. So are we.
The Department of Natural Resources and National Park Service
have been more than willing to meet and discuss matters. It has
been the city that has avoided making contact.
It doesn't take a member of Congress to pick up the phone to
call these agencies. An ordinary city staffer would do.
Duluth should have known long ago that the proposed golf course
project at Spirit Mountain requires review by the National Park
Service. And since at least April 23, the city has publicly known
that the project as currently drafted violates provisions of the
Land and Water Conservation Act.
Cities typically respond with cooperation: "We have been a
beneficiary of Land and Water Conservation Act grants in the past
and we'd like to continue to receive such grants in the future to
enhance public recreation in our community. We will repair any
violations as quickly as possible, so the project may proceed.''
Duluth, instead, sent a 12-page memo dated May 8 and signed by
Mayor Gary Doty asserting that the city really has no
responsibility for the Land and Water Conservation grants and,
moreover, that the grants apply only to certain areas in the
Spirit Mountain Recreation Area, not to the whole site. Both
assertions are verifiably mistaken.
Grant documents clearly are made out to the City of Duluth.
And, as you know, even a small grant for the development of a
picnic shelter in a site of thousands of acres protects the whole
site.
Mayor Doty further stated he met with Local Grants Program
Manager Wayne Sames and John Gunther of the Minnesota DNR staff to
"discuss these issues.'' Yet, Sames says, Mayor Doty has not
ever met with him on the proposed golf course. The memo has other
mistakes.
Though the city knew of this unresolved matter, the developers
applied for work permits May 15. A June 6 letter from the DNR
asked the city to postpone any request for permits for the
developers until National Park Service has a chance to review the
project, as the law requires, "and there is some clarity on
the issues that have been raised.''
This request has been ignored. City staff recommended approval
to the Parks and Recreation Board and Planning Commission. Both
boards complied. The permits now go to the City Council, which
passed a resolution that it will not consider permits until Land
and Water Conservation Act issues are resolved.
Appealing to a member of Congress should be a last resort --
if, for example, the Department of Natural Resources and National
Park Service were refusing to discuss matters. But everyone knows
in this case that both agencies have been more than willing to
resolve matters.
As a member of Congress who has been a supporter, you know the
Land and Water Conservation Act championed by President Kennedy
and finally passed by Congress in 1964 is one of the most
successful pieces of conservation and recreation legislation in
the nation's history. Like other communities that have accepted
grants, the City of Duluth, in accepting more than $1 million for
the Spirit Mountain Recreation Area, agreed to maintain the entire
site perpetually for public use and to submit for review any
proposed changes in use.
Review of the proposed golf course, which could have occurred
long ago if the city had merely requested it, has not taken place.
The city, it seems, would rather wait to late stages and rely on
political influence than to follow normal procedures. All the city
has had to do is pick up a phone and get the process rolling.
That doesn't need the involvement of a member of Congress.
7/14/01 New DNR Data Proves
Tributary to Stewart Creek Is Important Source Of Cool Water!
Developer's Expert Admits At Planning Commission Meeting He Knows Of
No Way To Fix It If The Water Warms Up After The Course Is Built!!
Recently released information from the MN DNR reveals just how
important the tributary that flows through the west nine holes
of the proposed golf course is to Stewart Creek, a designated trout
stream. Five hourly recorders were placed in Stewart Creek and this
tributary, and they took 2,904 readings during the summer of 2000.
According to the report, it would appear that Stewart Creek logged
some of the coolest water for the highest percentage of total readings
relative to other Duluth trout streams. It would also appear that the
tributary to Stewart Creek had the coolest water for the highest
percentage of total readings relative to other Duluth trout streams.
The tributary to Stewart Creek did not run dry during the summer of
2000, and it provided very cool water to the Stewart Creek system.
Because the Stewart Creek watershed is so small, the DNR states it
assumes that the tributary provides a very important function as a
source of cool water for the main Stewart Creek.
Mayor Doty has referred to this tributary as a dry ditch, even
though data now shows that it is not dry, and does provide significant
benefit to Stewart Creek.
Also of interest is the fact that at the recent Planning Commission
meeting, the developer's environmental expert, James Balogh was asked
by a commission member what could be done, after the course is built,
to fix the situation if indeed -- as we predict -- the water in this
tributary warms up. He stood silently at the podium for several
moments, before admitting he could think of no way to remedy the
matter.
Of course, if the tributary warms it will be because the forest,
and its shade and cool microclimate, are gone. The only way to fix it
would be to restore the forest -- not a very likely option if you're a
golf course czar!
7/12/01 Planning Commission and
Parks and Recreation Board Approve Spirit Mountain Work Permits.
The Duluth Planning Commission and the Parks
and Recreation Board both voted to advance the golf course and hotel
project work permits on to the City Council for approval, despite the
fact that the LWCF issues are unresolved. The council has passed a
resolution stating they won't grant work permits until the LWCF issues
are straightened out. Stay tuned!
7/10/01 Mayor Doty attempts to use
Congressman Oberstar to pressure National Park Service for favorable
ruling on the LWCF matter -- characterizes Ikes and other project
opponents as "cave people -- citizens against virtually
everything" on KDLH TV3 news report.
Apparently Mayor Doty and staff are
unable to pick up the telephone and call the National Park Service
(NPS) or the Minnesota DNR to resolve their lack of compliance with
the Land and Water Conservation Fund (LWCF) at Spirit Mountain, since
the Mayor recently asked Congressman Oberstar for help "to
facilitate a meeting with the Department of the Interior (NPS)."
This is a curious request because
citizens have easily called the LWCF administrators without
congressional assistance. Though the city blames others for slowing
this project, the fact is they haven’t called the DNR in the month
since being notified that their lease with the developer was illegal
and violated the LWCF contract. Given that, one wonders why such a
request would be made unless it is hoped that a call made on your
behest by someone of Oberstar's status might intimidate the LWCF
administrators. Fortunately, I don’t think the Congressman would
ever intentionally lend his office's stature to the Mayor's cause at
the expense of citizens.
This is just another example of how the
administration won't play by the rules. They can't stand the thought
of making their case to these neutral agencies on equal footing with
others. Instead of dealing with the DNR to see if the project can
comply, they pursue an avenue hidden from view and use old fashioned
power and connections to seek an inside track.
When a citizen uncovered this, the Mayor
reacted on TV news by showing how little he thinks of his
constituents’ rights to debate the future of their own public land
by calling them "cave people -- citizens against
virtually everything."
For
shame. It there’s Neanderthal behavior occurring, it sure isn’t on
the part of Duluthians who only want to see the LWCF matter dealt with
openly and without political influence.
6/26/01 Duluth City Council Passes
Important Spirit Mountain Resolutions!!
On Monday night, 6/25, the Duluth
City Council passed two resolutions by a 7-2 vote that go a long way
toward leveling the playing field in this debate, and will insure,
that if the project is built, the environmental safeguards promised to
the public by the developer in his EAW, will indeed become reality.
The resolutions require that the
city first comply with the provisions of the LWCF before issuing
permits to the developer, and also require that the environmental
safeguards and mitigation measures become a condition of the work
permits. The latter resolution also establishes the Environmental
Advisory Council as the primary judge of these matters. Finally, the
developer must sign the amended lease before the council considers the
work permit.
You can read the resolutions here: LWCF
Compliance and Conditional
Work Permits.
6/8/01 WOW -- MN DNR Sends Tough
Letter to Mayor Doty -- City of Duluth notified it has already
violated the LWCF provisions. All of the city's grant applications
have been denied. Only redesigning the proposed project and adhering
to the LWCF provisions will restore the city's chances to ever get
another grant!
June 6, 2001
Honorable Gary L. Doty, Mayor
City of Duluth
Office of the Mayor
403 City Hall
Duluth, MN 55802-1199
Dear Mayor Doty,
Thank you for forwarding a copy of you letter to Mr. Anderson of
the National Park Service regarding the Land and Water
Conservation Fund (LWCF) issues related to the proposed Spirit
Mountain project.
I have reviewed you letter and discussed the issues outlined in
the letter with Mr. Anderson. Based on our conversations, I
believe he concurs with my overall assessment that the proceeding
with the proposed hotel and golf coursed development as presently
conceived would violate the terms of the original grant agreements
and could constituted a conversion of use. he is preparing a
response and hopes to send it this week.
There are several areas of concern with the proposal, but some of
the key issues are as outlined in your letter:
1) We believe the City has ultimate responsibility under the grant
agreements to operate and maintain the Spirit Mountain areas as a
public outdoor recreation facility. The property is owned by the
City. Original rules adopted for the program indicate that
eligible applicants are "local units of government." The
rules define local units of government as cities, counties and
townships. While the Spirit Mountain Authority is a signatory to
some of the agreements, the two earliest grants are signed by the
City only and the City is a signatory on most of the remaining
agreements. There is no record of federal approval of a transfer
of authority from the City to the Spirit Mountain Authority as
required under the grant agreements. State action in creating the
authority clearly cannot override federal contractual grant
agreements entered into by the City.
2) Even if the Authority were the responsible grantee, there would
be a violation of the grant agreement since the lease with the
developer was signed without prior review and approval of the
National Park Service. A grant recipient cannot transfer
jurisdictional control or make a change in the original
recreational purpose without prior written approval by the
Secretary of the Interior.
3) The existing lease agreement does not conform to the
requirements of the LWCF agreements. No mention of several of the
LWCF requirements is made. In fact, there is no mention of the
LWCF agreements at all.
4) The statement that "it obviously needed to be run more
like a for-profit business and less like a public park" is a
major concern. The purpose of the LWCF program is to provide for
public parks, not for-profit businesses. The more a project begins
to resemble a for-profit business, the more it is likely to
violate the intent of the program and the terms of the grant
agreements. The closer the operational plans for the golf course
and hotel appear to be exclusionary or to stray from the public
outdoor recreation use intended for this area, the greater the
conflict with the grant agreements and the LWCF requirements. The
time share units, in particular, appear to constitute a private
use, which is not allowed under the LWCF program regulations.
Based on the concerns expressed in my conversations with Mr.
Anderson and the state's contractual obligations to provide
oversight of LWCF funded projects, the Department is concerned
that the City may take steps that could lead to further violation
of the agreements. I understand that the City Planning Commission
will be meeting on June 12 to consider a request for a permit from
the developers. I suggest that action on this request be postponed
until the response from the National Park Service has been
reviewed and there is some clarity on the issues that have
been raised.
Given the fact that there has already been a violation of
the grant agreements, the Outdoor Recreation Grant and Natural and
Scenic Area Grant applications submitted by the City for the
present round are ineligible for consideration. If the City takes
positive actions to work with the National Park Service and the
Department of Natural Resources to resolve these issues and
correct any violations, the eligibility to receive such grants may
be restored. (emphasis added by editor)
Potential options for resolving the issues may include, among
others:
- Redrafting the lease agreement to include the information
required under the LWCF regulations and submitting it for prior
review and approval by the Secretary of the Interior;
- Modifying the development proposal so that it is consistent with
the LWCF requirements;
- Developing and operations and management agreement between the
City and the Spirit Mountain Authority that would meet the
requirements of the LWCF program;
- Requesting a conversion review and determination by the National
Park Service.
The pending letter from the National Park Service may provide some
additional guidance for resolving these issues.
Sincerely,
Wayne Sames, Manager
Local Grants Program
CC: Duluth City Council
Duluth Planning Commission
Spirit Mountain Authority
5/27/01 Ikes Approach NPS on Spirit
Mountain.
Since the National Park Service will have the final say as to
whether or not the Spirit Mountain hotel and golf course proposal
qualifies under the provisions of the Land and Water Conservation
Fund, and because Mayor Doty recently wrote to the NPS asking for a
favorable ruling, the League wrote to Mr. Bob Anderson of the NPS this
past week, explaining our concerns. The letter is as follows:
May 26,
2001
Bob
Anderson
Grants Program Leader
National Park Service
1709 Jackson
Omaha, NB 68102
Dear Mr. Anderson,
I am writing to you today on behalf of the John
McCabe Chapter of the Izaak Walton League of America, located in
Duluth, Minnesota.
I am sure that Mr. Wayne Sames of the Minnesota
Department of Natural Resources has made you aware of the
situation involving the proposal to build a championship golf course
and resort hotel at Spirit Mountain, a public recreation area in our
city partially built with Land and Water Conservation Fund (LWCF)
monies. I have corresponded and spoken with Sames, and continue to
be impressed with his diligence in protecting the integrity of the
LWCF in this instance.
It is the integrity of this landmark
conservation program which brings me to write to you today. As you
know, the city and a private developer have entered into a lease
agreement for this property which, if carried out, will result in
the construction of a championship golf course and resort hotel
(which is to offer “time-share” condo-like facilities). Half of
this golf course will be built on public lands governed by the
protection clauses of LWCF, and the remaining nine holes will be on
land owned by the developer.
The fact that this is a championship golf
course designed to compete with other similar championship courses
in the region, charging fees far in excess than those of the other
two existing city-owned golf courses, and that the developer expects
to offer package deals to tourists as well as golf course fee
discounts to hotel guests that will be unavailable to residents, and
that it will be operated by a non-government entity, and that it
will be built half on public lands and half on private, should raise
red flags as to whether this should be allowed under LWCF. It
appears to us that this is nothing more than a
“quasi-privatization” of public lands.
Compounding these rather odd circumstances is
the fact that this golf course will be built on the headwaters of a
viable trout stream with wild, reproducing brook trout (in the heart
of a city!) in a forest described by a MN DNR forest ecologist as
one of the most significant stands of maple/basswood old growth in
the entire Great Lakes region. The golf course – even if it
somehow could otherwise meet LWCF provisions – will displace the
forest-dependent public use already occurring there. People
currently cross-country ski here because the trails wind through
this magnificent old forest, and the area is well used for hiking
and nature study. It is also a place the public regularly visits to
admire and study old growth forest and the birds and plants
dependent upon this land type.
Conversion to a championship golf course,
however, dramatically changes the availability of this land to the
public, as well as greatly alters the experience, essentially
substituting a heavily manipulated human-made environment for the
natural one now enjoyed by our citizens. To add insult to injury,
not only will a golf course destroy these rare ecological values, it
will displace current public use while charging extremely high fees
for those who do want to use the new facility (a ski pass for the
trails in the winter is the only fee currently charged to use these
lands). There still remains to be resolved whether or not the course
and hotel will even truly be public, and offered to all at the same
price.
The League has opposed this project for several
years, largely based on the environmental ramifications. It wasn’t
until relatively recently, however, that our chapter became aware of
the LWCF provisions, and indeed, the long history of our own
organization in the passage of this legislation which can only be
described as one of the truly important conservation laws of all
time. It has made us proud, in researching the history of the LWCF,
to learn that our executive director at that time, Joe Penfold, was
a principle architect of the Act. It is also humbling to see the
wisdom of these visionary conservationists who foresaw not only the
need to provide public open space, but the pressures that would only
grow more intense over time to develop these open places, or to
privatize them. Thus, not only did they struggle and succeed to give
us such a useful tool, they built “teeth” into the Act to insure
a lasting legacy.
Though we still hope that this unwise project
will fail, our intent now is primarily focused on protecting the
integrity of the LWCF. If, in doing so, we also protect the old
growth forest and the trout stream, that would be a bonus. We fear,
however, that the City of Duluth will continue to ignore their legal
obligations to the people of the United States, and that in thumbing
their nose at the LWCF provisions, create a dangerous precedent that
will weaken the application of these protection clauses elsewhere.
All across our great nation, the lands purchased by, or improved
with, LWCF grants are being encroached upon by development, and eyed
by those who wish to turn this legacy into cold, hard cash for the
benefit of the few, and at the expense of the public. And as you
also know, the LWCF has rarely been fully funded. We simply can not
allow those monies that have been secured for the public good to
flow into the hands of private development, or serve a goal contrary
to the intent of the Act.
It is to this end I write. We very much want to
see the letter of the law, and its noble intent, fully applied to
Spirit Mountain. We can not see how a championship golf course, with
expensive greens fees and a condominium hotel, could possibly be
what the founders of this Act envisioned when they sweated blood to
usher it through the convoluted halls of Congress. We are further
very deeply troubled by the City of Duluth’s attitude that they
are somehow immune to this law. While we understand that there are
ramifications for failure to comply – loss of future grants and
perhaps the requirement that the City replace these lands – in
both instances those penalties will only hamper future City
administrations and preclude the use of grants to set aside
additional public space. In other words, those of us who would
wisely use LWCF monies to further open space protection will suffer
because the City would no longer qualify for grants, while those who
wish only to see these lands developed – the same cadre of people
behind the Spirit Mountain golf course/hotel project – will remain
unscathed.
Because of this, it is our sincere hope that
the NPS, in conjunction with the MN DNR, will be very clear to the
City, before it ever gets to the point of clear transgression, that
they are in danger of violating the law (and of suffering the
repercussions). So far, the City has been able to sweep this under
the carpet. The press has not done a good job of alerting the
citizens of Duluth what we stand to lose should we suffer the loss
of future grants. Mr. Sames tells me that Duluth is second only to
St. Paul in receipt of grant monies. The NPS, with the MN DNR, need
to help us raise the visibility of this issue so that we have a
fully informed populace.
In addition, it is our hope that the
NPS and the MN DNR can find it within your legal powers to stop the
City from proceeding, so that we do not have to suffer both the loss
of the forest, and later, the loss of future grants. Surely there must be some kind of preemptive action that the
agencies can take.
We appreciate that this is much to ask, and
that government entities most often strive to cooperate, rather than
deal confrontationally. But it is our opinion, based on past
dealings with the City and the comments we’ve read and heard from
its officials in just the past week, that they continue to maintain
that the protections built into the LWCF do not apply to this
situation, and have essentially said that if the state and feds
don’t like it, they’ll just have to do something about it.
We hope that you will.
We also hope that you will contact the Army
Corp of Engineers, who have just this past week received requests
for wetland permits for this project (Tim Peterson, Two Harbors
Field office, 218-834-6630). As you may know, the MN DNR is
withholding Division of Waters permits for this project until the
LWCF situation is resolved. We hope that you can work with your
sister federal agency to insure that no permits are granted to a
developer whose lease is clearly not in compliance with the
provisions of the LWCF. To have one federal agency grant permits
while another is questioning the legality of the project will allow
the City to claim that they had received some level of tacit
approval.
In closing, let me state that although this is
just a “local” issue to many of us here in Duluth, the League at
both a state and national level is beginning to view this as one
that could set a horrible precedent should it not be resolved in
favor of the public interest and the intent and rules of the LWCF. I
know that the League’s national Executive Director, Paul Hansen,
recently sent you a letter expressing this concern.
We intend to continue to closely monitor the
situation, and to provide input at every appropriate opportunity. We
are pleased that Mr. Sames takes the charge of protecting the
integrity of the LWCF so seriously, and he leads us to believe that
you do as well. We thank you for that, and we offer our assistance
to you in every way that we can.
Future generations will judge us by the legacy
we leave. This legacy can be publicly held and accessed old forests
and singing brooks full of trout, or it can be a law bereft of
authority, and a golf course for the privileged few.
We hope that you will consider these, and all
our points, in your future dealings on this matter. We urge you to
force the City to comply with the LWCF provisions, and to rule
against this project. Please do not hesitate to contact us should
you have questions or if we can be of assistance. Thank you very
much for your time.
Sincerely,
Michael Furtman
Vice-President for Conservation
McCabe Chapter
Izaak Walton League of America
P.S. – Since we assume that this is an open,
public, process, we hereby request that we receive copies of any
correspondence between the NPS and the City of Duluth on this
matter. Correspondence to our Chapter should be mailed to me at 502
Leicester Avenue, Duluth, MN 55803. You may also fax or phone me at
218-728-1991, or reach me via email at mfurtman@michaelfurtman.com.
We would also like to inquire whether or not
there are public review, or public hearing, options, and if so, what
they are, and how we would request that these steps be taken, should
they become necessary.
Finally, although it is unclear to us how
significant a roll the land’s ecological features play in your
decision, if they are to be considered, might we suggest that you
have a NPS staff forest ecologist from nearby Voyageurs National
Park view the area with the DNR forest ecologist who has already
drafted a report on the significance of this forest.
cc:
Wayne Sames
Brad Moore
John Guenther
Paul Hansen
5/21/01 In the
past week, we've all heard or read the developer state that they're
getting ready to break ground, and that they will receive a favorable
ruling on the LWCF problems.
REALLY?? We'll, they've not talked to
either the MN DNR, or the NPS, and neither agency is anywhere near
giving them a favorable ruling. After hearing the same stories as you,
we contacted the MN DNR and asked if we'd misjudged just how far the
developer was from meeting the provisions of the LWCF. Here is what
Wayne Sames of the MN DNR wrote in response:
"In regard to the Land and Water
Conservation Fund issues, I think it is safe to say that these are
serious issues that need to be resolved before the project can
proceed, in part because the DNR has placed a hold on issuing
permits until we get some clarity on the issues. In regard to
my discussions with Bob Anderson of the National Park Service, I can
tell you that he also takes the issues seriously. How much of
a stumbling block this may be to the project depends partly on the
willingness of the City, the Authority and the developers to adapt
their plans so that the project might meet the requirements of the
grant agreements. It might prove to be more of a change
than they are willing or able to make.
(emphasis added by editor)
I haven't seen much detail on the pricing structure, but the City
staff are describing the proposed project as a "championship
caliber" facility with greens fees "significantly higher
than the public golf course in the immediate area. However,
they will be expected to be competitive with other high quality golf
facilities in the region, such as Giant's Ridge and Lutsen..."
This is a red flag for the Park Service. The higher the
anticipated fees that will be charged, the more scrutiny will
be given to the proposal.
(emphasis added by editor) We will probably need more details on
fees in order to make a final determination."
4/20/01 Judge
Heather Sweetland ruled yesterday that she is awarding Kent Oliver's
development corporation (Spirit Ridge LCC) $1750.00 in "expert
witness fees" to be levied against the Izaak Walton League and
the other plaintiffs. The plaintiffs have sixty days to decide if they
will appeal this ruling (see story
below).
4/11/01 When
the League asked Wayne Sames, Local Grant Manager for the MN DNR,
whether or not "time share" hotels are legal on LWCF
properties (as is the current development plan) he gave us this
response in writing:
"You
raise a good question. I only became aware of the time share
idea after getting a copy of the lease agreement a few weeks ago.
I would consider time shares to be private uses. I brought
that question up this morning in a conversation with Mr. Bob
Anderson of the National Park Service and he concurred with that
assessment. Any preferential access to the golf course,
whether associated with the time shares or not, would be a violation
of the grant agreements. The hotel has to be public at least
to the extent that it provides equal access by the general public to
the facilities offered. It can potentially be operated by a private
entity, but must provide services to the general public.
Further elaboration on this may come from the National Park Service."
4/10/11
The Debate Goes National!
The Izaak Walton League of America's national
office outside Washington, DC weighed in on this seemingly local
issue. Executive Director Paul Hansen has sent a letter (see below) to
both the Minnesota DNR and the NPS asking them to scrutinize this
project thoroughly:
Thanks
to our McCabe Chapter in Duluth, Minnesota, the national staff of
the Izaak Walton League of America has been made aware of a curious
situation involving Land and Water Conservation Funds (LWCF) at
Spirit Mountain in that city.
Since
you are no doubt already familiar with the circumstances around a
proposal for a privately built golf course to be located on property
protected by Section 6(f) of the grant guidelines, I won’t go into
detail. But I did want to write to say that we are concerned
whenever we see a situation that might involve the privatization of
public lands, especially those for which LWCF grants were in part
responsible.
I’m
sure you are well aware of the League’s long history with the
Fund, and our instrumental role in its creation. Because of this, we
watch for, and are wary of, situations that may be seen as
precedents for the erosion of the public use status of LWCF
projects. Clearly the authors of this landmark legislation foresaw
the day when development pressures would try to subvert the noble
cause of public spaces for public use, which is why the safeguards
you are entrusted to enforce were quite wisely built in.
This
proposed project requires the highest level of scrutiny. Although we
understand that sometimes a golf course would be an allowable change
in use, the private developer relationship with the city seems, at
the very least, to be a quasi-privatization of public lands. The
fact that this is to be a “championship” golf course with a
suggested $70 per round fee, and a hotel designed to draw tourists
utilizing “package deals,” suggest that the public who currently
uses this area at low cost (cross country skiing) or no cost
(hiking, birding, etc.) would be restricted, if not eliminated, from
use. The fact that nine of the eighteen holes will be on private
land also makes one wonder how this course could be considered
“public.”
With
these inconsistencies in mind, I write merely to ask that you pay
your normal high level of diligence to the Spirit Mountain
development so that the interests of the public are preserved
through full application of the letter, and spirit, of the Land and
Water Conservation Fund protections.
Thank
you for your time.
Sincerely,
Paul
Hansen
Executive Director
Izaak Walton League of America
|
McCabe
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