Methow Valley Citizens' Council
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The Valley VoiceNews from the Methow Valley Citizens Council Spring 2000 25th Anniversary Issue |
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25 Year Timeline of MVCC:
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The Recent History: 1993 - 2000
We all know that history tends to repeat itself. As with the discussions with Hosey and Associates, there has been much inaccurate publicity regarding MVCC's past agreements and discussions with R.D. Merrill, mostly from those who were not parties to these agreements. Thus we offer the following history to clarify questions members and supporters may have: When Harry Hosey, would-be developer of the Early Winters Resort, crumbled financially, R.D. Merrill came into ownership of the property which would have become the village and housing for the ski resort. Ron Judd, part-time Methow resident, professional negotiator for the AFL-CIO, president of Friends of the Methow (and of recent WTO protest fame) saw an opportunity to end the seemingly endless controversy over a ski hill through compromise. He set up meetings between Merrill executives and the MVCC/Friends of the Methow boards of directors. MOU Signed with R.D. Merrill On 9/15/93 an agreement was signed among MVCC, FOM, R.D. Merrill, and Lowe Development, Inc (then in partnership with Merrill) with the purpose of allowing the smaller Wilson Ranch Planned Development to proceed. The idea was that the Wilson Resort (location of the existing Freestone Inn) would be a sample to the people of the valley of the type of larger development Merrill intended to pursue. Plans for further development would wait until the public had had time to size up the Wilson. With this understanding, MVCC/FOM agreed to work cooperatively with Merrill to encourage the state of Washington to elevate group domestic water rights in priority, which would be a step toward enabling planning for the Wilson Ranch to proceed. MVCC further agreed to other stipulations, including a promise not to challenge the Wilson Planned Development or the later Shaffer Planned Development as long as certain guidelines were followed. MVCC/FOM reserved the right to challenge any aspect of any proposed Planned Destination Resort, but to take an active role in developing the vision, design, and number of units for the Planned Developments. Merrill agreed to 10 provisions, including these: To forever abandon use of the property for lift-served skiing on Sandy Butte, to withdraw applications for water rights specific to snowmaking, to replace the name "Early Winters" with another, and to grant MVCC/FOM right of first opportunity to purchase the property should Merrill choose not to develop. In addition, certain mitigations regarding mule deer migration corridors and air quality were agreed upon, with Merrill promising not to seek final approval for either the Wilson or Shaffer Planned Development until a mitigation plan for all phases of any of the related developments was agreed upon. Merrill's Plans Change By March of 1994, it became apparent that Merrill had changed plans and was now pursuing approval of a Planned Destination Resort rather than two Planned Developments. (County guidelines for the two are substantially different.) The recent Memorandum of Understanding on the Wilson was outdated and needed revision, and MVCC was asked to begin talks about the mitigation plans without the benefit of first seeing the actual build-out of the Wilson. The Shaffer development would become part of a two-phase destination resort and would have 166 dwelling units. Number Of Units Escalates From here on, plans changed rapidly and were increasingly complicated as the talks continued and Merrill/Lowe negotiated for more units to make the development financially feasible by their standards. By October of 1994, Merrill/Lowe were talking about the Wilson Ranch with 41 units and two phases of a "River Trace" Planned Destination Resort with a total number of 495 units. Details involving number of bedrooms and occupancy rates had to be worked out as well as many environmental issues. MVCC brought this proposal to the general membership, and it was agreed to proceed with caution. By 11/15/94, Charlie Wright had come from the East coast and was in the process of becoming the leader of negotiations on behalf of R.D. Merrill. By January 20, 1995 the number of units had become 495 units with employee housing and "affordable" units totaling 577 along with the possibility of "holdback units," bringing the total to 689. Holdback units would be contingent upon performance standards (including occupancy rates) being favorably evaluated after 577 units had been occupied. Misgivings Arise with Increasing Size Each time the number of units increased beyond previous agreements and what the MVCC general membership had discussed, members of the MVCC board became increasingly uncomfortable. At one point, Merrill stated they had forgotten 100 essential units on their planning map and actually succeeded in splitting the difference with MVCC, raising the total units by 50. By February 28, 1995, MVCC had made a reluctant tentative agreement to 689 units (with hotel units counting as 1/2 and other conditions still under discussion making the total number actually higher) if performance standards and other items still being negotiated could be agreed upon. Merrill had also by this time agreed to reserving a percentage of real estate sales as matching funds for an Environmental Center. Draft EIS Reveals Serious Impacts The agreement was nearly signed in November of 1995; but before all items could be agreed upon, Merrill and Okanogan County released the Draft EIS, sooner than MVCC had expected. With the release of the DEIS, legal deadlines for comments on the proposal came into effect unexpectedly soon, and MVCC's time and energy had to be spent reviewing the document rather than on negotiating mitigations and size with Merrill. An environmental impact statement is intended to reveal impacts to the environment, and with the release of the DEIS a number of impacts became apparent, causing MVCC general members who had not been involved in negotiations to come forward to the board with serious concerns about the development as revealed in the DEIS and its accompanying maps and charts. In addition, various government agencies had submitted strong negative comments about the DEIS and the proposed project. As staff person Jason Smith later wrote, "These factors along with some obvious and real deficiencies in the DEIS 's discussion of impacts and proposed mitigations obvious to all involved gave board members with misgivings renewed energy, thus stalling any further progress on the revised MOU. " MVCC Attempts to Renew Negotiations On May 10, 1996, after hearings on the Draft EIS had been completed, MVCC President Jim Doran wrote Charlie Wright encouraging him to resume negotiations, stating, "As I expressed to (Jim Cullis), there is a danger of a much stronger resistance to your plans emerging from within our group if the vacuum from our broken off negotiations persists." He went on to summarize items which had not yet been agreed upon: covenants, conditions, and restrictions had not yet been finalized for the development ; building sizes were still being discussed; the MVCC waiver of appeal rights had not been formulated; and discussions of water rights were ongoing. Doran's letter stated, "I am personally committed to bringing the MOU back into focus and hopefully into completion. We all put too many months' energy into it to let it die." MVCC/FOM Expected To Promote Resort Perhaps the most difficult issue was that it had become obvious by now that Charlie Wright, who was definitely in charge of Merrill negotiations at this point, expected MVCC/FOM not only to agree on substantive and procedural issues, but to agree in addition to actively support and promote the project as an example of "environmentally sensitive" resort development. Given the level of environmental sensitivity revealed in the DEIS, it was agreed by all MVCC participants that such active support and promotion of the project as environmentally sensitive was simply not possible. MVCC's suggestions to Wright for bringing the resort up to the standards of environmental sensitivity were not met with favor, and negotiations never resumed. With legal deadlines looming, MVCC had to decide whether to appeal the Final EIS or lose its right to future challenges of environmental issues and the reliability of the impact statement . MVCC had earlier reserved the right to challenge any Planned Destination Resort and, without any finalized agreement with Merrill forthcoming, decided the only realistic alternative at this point was to preserve its future options by appealing. Appeal Of Final EIS Filed By MVCC Thus an appeal to the Final Arrowleaf EIS was filed by MVCC, represented by the law firm of Bricklin and Gendler of Seattle (David Bricklin had won appeals for MVCC on the Early Winters Alpine Winter Sports proposal in the Ninth Circuit Court of Appeals and United States Supreme Court.) Friends of the Methow was not a party to the Arrowleaf appeal. Judge Carol Wardell ruled against MVCC on all issues except water quality and quantity and required that Arrowleaf submit additional documentation for her review on use of pesticides on the golf course. Merrill Drops Plans For Development While the lengthy appeals process on this issue was still in the works, the Washington State Department of Ecology made a preliminary ruling that the Arrowleaf development did not have rights to the water applied for. When it was apparent that no final ruling on these water rights would be made in the near future, Merrill made the decision to drop their plans for development at Arrowleaf. MVCC/FOM Pursue Conservation Purchase Because of the Memorandum of Understanding that had been signed in 1993, MVCC and Friends of the Methow had right of first refusal for purchase of the property. FOM renewed their interest in the issue, establishing valuable connections with those who could engineer a purchase for larger sums of money than MVCC could raise. During negotiations on this purchase, with Trust for Public Land representing the interests of the two groups, Merrill made any final agreement for purchase of Arrowleaf by MVCC/FOM contingent upon a settlement with the Okanogan Wilderness League. OWL was contesting Merrill's rights to water necessary for completion or expansion of the Wilson Ranch development (Freestone Inn, etc.) A settlement agreement was reached between Merrill and the Okanogan Wilderness League in March of 2000 which allows the Wilson development to expand by 31 units on the south side of Highway 20 if stored water is used for the development. Among other things, Merrill agreed to relinquish the questionable water rights relating to Arrowleaf and the Wilson Planned Development. Negotiations for a conservancy purchase of the Arrowleaf property by Trust for Public Land are progressing well as this newsletter goes to press. Cause to Finally Celebrate? MVCC anticipates a reprieve for the Valley in that slower, more manageable growth will occur now than would have occurred with the large subdivision, related village, and related impacts accompanying the Arrowleaf Planned Destination Resort. Should the conservation purchase of Arrowleaf property become finalized, we will have gone from proposals of thousands of units accommodating up to 10,500 skiers per day (Early Winters EIS Alternative V) to a relatively small cross-country skiing development on the Wilson site and a few private homes on the planned Arrowleaf site. We look forward with hope to celebrating that our 25 years' worth of effort on this project has ended on a positive note with untold benefits to the quality of human life here in the Methow and to wildlife in one of the primary biological "hot spots" in the State of Washington.Fees Foes Fight Increasing Fees
June 10 Day of Protest Critics of the Recreation Fee Demonstration Program are gearing up for another season of protest, this time against fees that have already been increased since the so-called experimental program went into effect in 1997. This year the parking fees took effect on May 1. The annual National Day of Protest will be on June 10 due to legislation expected during the summer proposing to make the fees permanent. A citizens' parade from the Farmers' Market to the Twisp Forest Service compound is planned for that date. Meet at the totem at 11:30. For more information, call 997-2289. Those who plan civil disobedience by not purchasing passes this summer should be encouraged by recent nationwide events. In the states of Idaho and New Hampshire, U.S. Attorneys General have announced that fee flaunters will not be prosecuted at this time due to problems the federal government is having implementing the law and because the Forest Service has transferred the costs of enforcement to the offices of the Attorneys General without their agreement. Three court cases in New England established that:1. The Forest Service had to give proof as to the identity of the individual who actually parked the vehicle, not simply hold the registered owner responsible.
2.The Forest Service had to prove that the violator did not buy a pass, not simply that a pass was not displayed on the vehicle.
3. A violator cannot be required to testify against him/herself.
4. Additional appeals of fines are pending in Arizona, New Mexico, and California, and several cases have been dropped by the Forest Service without explanation. Fee Demo, strongly sponsored by a coalition of national and multinational corporations with a vested interest in petroleum and recreational equipment (The American Recreation Coalition), sneaked through Congress on a rider, without public comment or Congressional debate. Extensions of the experimental program and heavy-handed notices of violation add up to an intimidating law which appears to be largely unenforceable and was passed without due process.
Eulogies
The following linesare graced by a few people admired throughout the Methow Valley for their work and dedication to our community. We are proud to have known them and learned from them. Beulah and Vernon LaMotte Beulah was young at heart, as seen not only in her on-going enthusiasm for the birds, deer and open spaces, but also because, at a time of life when others generally choose to relax, she was likely to be found urging the bureaucratic powers to protect the places and creatures she loved. Thinking of others more than herself, always modest and somewhat shy, not taking credit for the leadership and contributions she gave for so long, Beulah is a beautiful memory to carry with us as we follow our shared and separate paths among the trees and meadows of Beulah's beloved Methow Valley. Dewane Creveling The legend of Dewane Creveling eternally echoes through the Methow, like the wind whispering amongst the evergreens. The man was genuinely connected to life in the Methow by his love for the homestead, the forest, the water and the sky. He sustained the family and their homestead by the hard work of raising cattle and alfalfa through all the turmoil of development, zoning, taxes and recreation. Although now a memory, he remains a beautiful, intricate part of this valley of paradise that we all share. Ken White Kenneth White, Native Son, caretaker and praisegiver of the Methow Valley. This quote in his handwriting just turned up: "One of the simplest lessons of history is that we respond not so much to what is happening around us as to what we believe is happening - not to what we see but as we believe we see." Ken's crusade was to open the eyes of the careless and uncaring. He praised the zest and fearlessness of the young MVCC members to shoulder the cause of protection of this finite piece of earth. Dan O'Connell Doran He chaired the Methow Valley Citizens Council and labored to open the eyes of all who would see the beauty of his beloved Methow Valley and to preserve its delicate ecological balance and rural character. The grace and dignity by which he lived spoke volumes of a man dedicated to his wife, family and community.Here Was I Born
A poem by Ron McLean
Methow Valley Troubadour
1925-1982
The fir boughs nod in the evening wind.
The river sings as it wends its way.
When night has come to the valley low
The peaks are pink with the last of day.
The maple groves on the eastern hill
Stir in the night wind blowing still.
They sing to me and they always will.
No other land could I love so.
Anything that this land is, then so am I.
Here was I born and here I die.
When winter comes ‘tis my land still
From the frozen streams to the Milky Way.
The nights are bitter, cold, and clear.
The moon is white and as bright as day.
The pale white peaks in the starry sky
Reach for a white moon sailing by.
My heart is tuned to the coyotes’ cry.
No other land could I love so.
Anything that this land is, then so am I.
Here was I born and here I die.
There comes a voice from the land beyond
That says to me my land must die.
When the roads crowd in and the cities come
My day is past and my heart will cry.
No more in the night will the coyote sing,
No more with his voice will the canyons ring.
When my way of life will have taken wing
And my land is gone, my heart will die.
Anything that this land is, then so am I.
Here was I born and here I die.
Letters to the Editor
The Methow Working Against Weeds The year 2000 marks the beginning of the second year of theEPA-funded Chewuch Road Pilot Program in experimenting with alternatives to chemical treatment for the removal of weeds. Our mile of roadway has an illustrious cast of weedy characters. Some have been building quite a name for themselves, while others are slowly making headway for recognition. Last season we accomplished our first seeding of native grasses - crested wheat grass, sheep fescue, Canby blue grass, and a small amount of white sweet clover. That was last April 6th, 1999, a very cold and windy day, with many patches of snow left on the roadsides. As most know, 1999 was a very dry growing season, with a trace of precipitation for the entire summer. Very little grass sprouted. We are hopeful that this was due to lack of soil moisture content, and not that of chemical residue from the twenty years of herbicide applications twice a year. With a total of twenty five volunteer hours from residents of the Chewuch Road, the road was planted. On June 2, 1999, ten neighbors from the Chewuch Road hand pulled Dalmatian toadflax, knapweed, and mullein on our mile of roadway, plus we went beyond the margins of our agreement, and pulled as much as possible. In October we began to pull Russian thistle, a tumbleweed. It is a fall bloomer, and is rapidly spreading up the Chewuch Road. Pulling the plant requires thick gloves as it is nasty with thorns. Our best luck came with the use of a propane weed burner. Not only did it completely burn all seed and plant material up, it looked unbelievably impressive in action. A note: The weather had changed by this time and we had gotten a considerable amount of rain. It was safe to burn but we did all burning with the buddy system, to ensure no fires got out of control. But as I said , it did the job! This was followed up by another planting of sheep fescue, and a small amount of Latah orchard grass in a sub-irrigated section of roadway. I might also add that many landowners all over the Valley had their old agricultural lands plowed up, and seeded with annual rye, an aggressive grain, that will out-compete knapweed. The Forest Service again mowed the Chewuch River Road and the Twisp River Road from the Forest Service boundaries. The Forest Service also had the trustee crew from Okanogan County come and hand pull the campgrounds, to keep the chemicals out of the places frequented by visiting families to the National Forest. Another campaign was started by a Valley resident up the Twisp River over the 4th of July weekend. Places along the Twisp River Road within the Forest Service boundary, that were difficult to mow, and that were slated to be sprayed, were hand pulled by volunteers and neighbors on the Twisp River Road. This amounted to several miles of roadway being pulled. The Forest Service and Pacific Watershed Institute put on a workshop this fall concerning land reclamation, and noxious weeds. A lot of weeds were stopped from making seed last year. I am proud that the residents of the Valley rose to the occasion and have begun to reverse the trend in the invasion of weeds, and are working towards their eradication. - Aime Marshall, WinthropPace Wins, PUD Will Do EIS
By Maeyowa The Okanogan County Superior Court has reversed the Okanogan PUD Decision of Non-Significance regarding impacts created by the PUD’s proposed Pateros - Twisp transmission line and substation and has ordered that an Environmental Impact Statement be prepared. The 28 mile Pateros - Twisp transmission line would create over 50 miles of service and access roads through predominantly unroaded, undeveloped lands and critical mule deer winter habitat. These lands have an active and documented history of flash flooding and soil massing. The proposed line would cross 72 drainages, all direct tributaries to the Methow valley. The proposed substation site is within 300 feet of the river adjacent to the Methow’s largest winter concentration of bald eagles, which use this area as winter range. The PUD power upgrade plans for the Methow Valley is a 2-phase plan:1. Build the proposed Pateros/Twisp line.
2. Rebuild the existing Loup-Loup transmission line which runs from Okanogan to the Twisp substation. Each new transmission line will be capable of five times more power on wires many times stronger than the existing lines. Two new lines means ten times more available power for this community of 5,000 residents. With no industry and more predicted growth in the upper valley, PACE (People for Alternatives, Conservation and Education) continues to support the rebuild of the Loup-Loup line, which would utilize existing transmission lines, roads, and power utility infrastructure. The PUD’s claimed need for a transmission line and substation in the lower valley have never been explained or substantiated, with 400 homes found in the lower valley compared to 3,420 homes in the upper valley. This rebuild could happen in a span of 2-3 weeks with the use of a temporary generating system. During rebuild construction, this generating system would provide the electrical power to PUD customers and REA customers. These mobile generating systems are commonly used throughout the country for reconstruction purposes as well as emergency situations. We can all win in this situation by having common sense regarding our power needs, and thinking of our environment at the same time.
For more information or input contact PACE, Star Route Box 227, Carlton, WA 98814
The mission of People for Alternatives, Conservation, and Education is to explore and nurture sustainable, ecological building and living solutions for the diverse and expanding populations of the Methow Valley and neighboring communities. We are in the process of establishing a new project, PACE Building and Living Center that will be located in downtown Twisp. The Center will operate as a non-profit organization for folks in the Methow Valley and neighboring communities for the following resources:
* meeting space and resource library for alternative building/power/and living materials
* Renewable, local, power generation information, and technical support
* Local data base service providers and employment opportunities
* "Green" building materials
* Workshops on straw bale, cob, and other earth-friendly construction techniques and options
* Support and information on ‘low impact’ living
