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SPPA related news clippings (2000)
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Golf course issue not over Dec. 15, 2000, Duluth News-Tribune Golf course issue not overTerry Brown, Letter to EditorDuluth The Spirit Mountain old growth forest issue is not over yet. For a start, the plaintiffs in a suit against the golf course development may yet appeal the legal decision that offered no protection to this unique natural resource. If they don't, it will be lack of funds rather than lack of motivation that stops them. But there is much more to the issue than a possible appeal. No one, it seems, will give the City Council a clear answer as to whether or not the Council has made its final decision on the matter. In fact a final approval that committed the council to the project before the environmental review was complete is specifically prohibited by State law. Why doesn't the Council itself know? Because this isn't the lame duck Council that, in one of its final sessions, approved the project, this is a Council that cares about doing things properly. Beyond the Council - State and Federal agencies have yet to grant a whole raft of permits for all the many impacts of the project. In the end, if all the relevant laws and standards are strictly enforced, the project may simply be physically impractical. And, finally, no one has yet answered residents concerns about ultimate responsibility for any contamination of local drinking water. So Duluth hasn't lost its urban old growth forest yet - maybe the final answer, when it comes, will tell us something about what really matters in Duluth. Nov. 14, 2000, Duluth News-Tribune Don't ruin solitude with golf courseJesse Martus, Letter to EditorDuluth Here is perhaps some fresh ink to spill on the subject of the soon to be ``Dispirited Mountain.'' Despite the risk a proposed golf development may impose on flora and fauna, the populace will suffer. The suffering imposed may be subtle, attacking the human heart unwittingly, but it will exist. Spirit Mountain provides an outlet for walking boots and wandering minds. Most times, I walk alone on its thick deer trails, treasuring the solitude such a place offers. On several occasions I have not run into a soul when exploring Spirit Mountain. This practice, the solitudinous walk about, golf does not encourage. Golfers swing in foursomes and saunter callously across fertilized and manicured stretches of earth. The sport provides a forum for the social and competitive, qualities found just about everywhere. Indeed, Spirit Mountain offers something rare. I champion the park's depth, expanse and tranquillity; the silence amongst its woods allows people to hear the sound of their own drum. It exists for the Duluthian who cannot afford his own back-forty. It serves the person who seeks more peace than what automobile accessible parks offer. Certainly, trout and trees merit a fair amount of ink, but what cleans the human spirit of the world's grime better than the solitude found in nature? June 27, 2000, Duluth News-Tribune Council nixes Skyline rezoning planDeems development too far ahead of planning process
By Martiga Lohn Sticking to history, the Duluth City Council on a 6-2 vote Monday night rejected a proposed Burger King and convenience store on Skyline Parkway and Boundary Avenue. The council has nixed previous attempts, most recently in 1994, to create a commercial zone at the intersection just north of Interstate 35 and Spirit Mountain. Developers Nick Patronas and Dan Thompson, who proposed to rezone the residential lot, were too far ahead of the city's comprehensive planning process and a $77,500 federally funded corridor management study of Skyline Parkway, said some councilors who voted no. ``This is currently our greatest natural resource in Duluth that's overlooked,'' said 5th District Councilor Russell Stover. ``It's those things that are going to make us survive, not only long-term, but people wanting to be here day to day.'' Officials learned about the corridor management funding just last week, said Jim Mohn of the city's planning and development department. Patronas and Thompson told councilors they planned a good-looking building on the 1-acre parcel across Boundary Avenue from a Little Store and McDonald's in Proctor. Most neighbors weren't opposed, Patronas said, and the Duluth Planning Commission approved the project in May. ``We feel this is not urban sprawl,'' Patronas said. ``We wanted something where people would come to town, come over Thompson Hill, turn the corner and say, `Wow.' '' Skyline Parkway is designated as a state scenic byway, and several speakers cited the value of history in urging councilors to oppose commercial redevelop- ment. ``This is the beginning of nickel-and-diming ourselves out of a grand entrance to the city that is as much part of Duluth as the Lift Bridge,'' William Percy said. Councilor Ken Hogg questioned whether the rezoning would start a domino effect of commercialization on Skyline. ``If this property gets rezoned,... isn't there an argument to turn the next property into commercial?'' Hogg said. ``Will that commercial corridor continue to creep?'' Councilors Gary Eckenberg, Lynn Fena, Hogg, Donny Ness, Russ Stewart and Stover voted no; Patty Edwards and Rob Stenberg voted yes. Council President Greg Gilbert abstained. June 26, 2000, Duluth News-Tribune Plan Thompson Hill area, Maintain beautiful gateway view of Duluth, St. Louis River and Lake SuperiorThe breathtaking view from the Thompson Hill area, the gateway to Duluth, faces a threat.The Duluth City Council votes Monday on a request to change the zoning of an undeveloped green area at the northeast corner of West Skyline Parkway and Boundary Avenue from single-family residential (R-1A) to commercial (C-5). Landowners want to build a gas station, convenience store and Burger King. Drive into Duluth from the west today and you see an unmatched view. Below you stretches the St. Louis River, all of Duluth, the Aerial Bridge, the harbor, Park Point, Lake Superior and the North Shore. A busy commercial area would detract from the view and the gateway effect. Thus, for good reason, the city has rejected rezoning requests for this property in the past -- in 1969, 1972 and 1994. Reject it again June 26, 2000. The same reasons given for rejection in 1972 apply today: This is the entryway to Thompson Hill and should be as visually pleasing as possible; Commercial development would cause traffic congestion problems; Commercial uses should be placed in proper locations. Recall that Skyline Parkway is a State Scenic Byway. Recall that the Duluth Heritage Preservation Commission received a National Park Service grant in 1995 to complete a survey of Skyline Parkway. The report indicates Skyline Parkway is eligible for the National Register of Historic Places. Recall that Duluth received $77,500 in federal transportation enhancement funds to prepare a ``Corridor Management Plan'' for Skyline Parkway. That work remains to be done -- and no rezoning should take place before it is complete. The city also is about to embark on the first comprehensive planning process since 1958 -- and the Thompson Hill gateway area should be part of it. City planning and development staff today suggest that since neighboring Proctor has a gas station, convenience store and restaurant on its side of Boundary Avenue -- and a McDonalds, gas station and motel sit on the other side of I-35 -- that Duluth should follow suit. Why? Skyline Parkway and the Thompson Hill gateway are major assets to the city of Duluth. Let's not ruin them through lack of forethought and planning. How To Get Involved Should the Duluth City Council rezone land at the northeast corner of Boundary Avenue and Skyline Drive, the gateway to Duluth, to allow a gas station, convenience store and Burger King? The City Council is taking comments from the public at 6 p.m. Monday in the City Council chambers. Get your comments in. You can also write a letter to the editor by e-mail to letters@duluthnews.com or by mail to 424 West First Street, Duluth MN 55802. April 27, 2000, Duluth News-Tribune Woods should be saved for childrenGloria DeGrio's April 15 letter describing her wonderful childhood memories of the Spirit Mountain woods reminded me of my childhood in Cloquet and the wooded area near our home where we spent much of our time. It inspired me to write stories and gave me many happy memories. When I found out recently that it was replaced by manmade development, I broke down crying -- for today's kids. Woods and open space are being gobbled up by adult greed everywhere you look. What is going to be left for anyone who appreciates Mother Nature, but especially for kids? Organized sports and computers don't teach them everything they need to know about growing up. Kids, and adults, too, need to experience wonder and magic and have a chance to use their imaginations.Sadly, children have no voice and no choice. It is up to adults who still remember the childhood lessons they learned from the natural world to try to preserve and protect, for future generations, the special things that make life worth living. April 15, 2000, Duluth News-Tribune Leave Spirit Mountain for kidsI realize there has been a great deal of controversy about the proposed golf course for Spirit Mountain. I can only remember how it was many years ago. The pristine wooded area where McDonald's and Holiday now stand. The tree-tops alive with music from the birds who resided there. The older trees where woodpeckers made their homes each spring. Further down the hill, the old path that led to the rear of the zoo. How we loved to walk there on a clear day, just dallying and listening to all of natures intrigue. Many days were shrouded in fog, and still are, but we live here, so even that is appealing.I can remember the mounds of earth back in the deep woods, and how curious we were about them. We could only see them in the spring before all the greenery took over. The trout stream that travels for many miles, and how my son and friends loved to fish there and just follow the stream for adventures sake. There should be no intervention here for the purpose of greed. Our children and their children can then see what we have seen. Only God's magnificence at natures best is what we can depend upon to really survive. March 31, 2000, Duluth News-Tribune Spirit Ridge golf course needs an EISThree environmental groups and two individuals who filed a lawsuit Feb. 10 regarding a proposed Spirit Ridge Golf Course development want construction stopped pending more research regarding environmental impact of the development.The groups have addressed concerns regarding the cutting down of trees, groundwater contamination, excess surface water runoff and erosion, and possible destruction of the unique trout stream running through the development. They argue that the Environmental Assessment Worksheet (EAW) filed by the developers is insufficient and the more comprehensive Environmental Impact Statement (EIS) is required for this project. This is simply an issue of dollars and cents. Although the EIS is much more expensive and time-consuming to complete, it is certainly necessary for this project. There will be an impact on the environment, and the consequences need to be reviewed. The groups who filed the lawsuit are not asking that the project be abandoned completely, but they realize that the future impact on the environment needs to be reviewed carefully. It seems more feasible to spend the money now for more comprehensive testing than to pay more in the future to rectify problems that could have been avoided had the testing been done in the first place. I am not anti-business and growth; I believe this development would be beneficial to the Duluth area. It would undoubtably bring revenue to the community and halt the continued and future loss of tourists to recent developments north of Duluth. However, the impact it may cause on the environment is irreversible and more in-depth research is needed before further development continues. March 31, 2000, Duluth News-Tribune Nature should be focus of developersI am a political science and geology major at UMD, and I have lived in Duluth my whole life. I'm concerned about construction of the proposed Spirit Mountain golf course. I don't believe that an Environmental Assessment Worksheet (EAW) is a strong enough assurance to start tearing up one of the most beautiful landscapes Duluth has left. I think that these developers at least owe the people of Duluth an Environmental Impact Statement (EIS) before they develop this land.A recent article quoted planning commission chairman Al Billington saying: ``There was nothing that I could see that was missing, and so there was no point mandating that somebody go forward and spend a lot of resources to develop an EIS.'' I am disappointed in the chair of our Duluth Planning Commission. The developers propose to spend $23 million on a golf course and lodge and can't spend mere pocket change on an environmental report! What is the hurry, I ask developers Kent Oliver and George Hovland III? In the last report, they did not address some of the important aspects of the trout stream. I want to know why. What are they trying to get around? Chemicals will be used to treat this golf course and many trees will be cut down. How many trees are going to be cut down and what chemicals do they plan on putting in the ground? I have been reading about this for a while, and I don't know these things. Why not? An EIS is the best option because the people of Duluth care and respect their land -- especially the beautiful Spirit Mountain. The truth needs to come out. We should protect our land and get the future dollar signs out of our eyes. March 26, 2000, Duluth News-Tribune Money shouldn't be main golf course factorI don't feel that it is necessary to build a new golf course in an area like Spirit Mountain. This is an area in Duluth that has lots of meaning to some people. I am not saying that golf is bad or that golf courses are terrible, but I am saying that a golf course on Spirit Mountain isn't right.You don't do everything for money in this world. It's been reported the project will cost $23 million. With an amount like that, you know that money is an issue and that developers Kent Oliver and George Hovland III are very serious about this issue. Did they ever go fishing with their dad or older brother when they were a kid? Did they ever take a walk in the woods with someone special to them? Did they put sticks in a stream with their little brother and watch to see whose boat went farther? All these things can be done at Spirit Mountain. With the addition of a golf course those activities will be scratched off the list. There is a trout stream that is in danger of being destroyed by the construction of this golf course. There will also be trees that will be cut down and the introduction of fertilizers and other chemicals will be harmful. I am also concerned about wildlife in the area. Although I have no control of what happens, I do have one thing: The memory of taking walks with my brothers looking for wildlife, putting sticks in the water to watch them go down the river or even catching my first fish all by myself. These are some of the memories I have of the woods by my old house, and I wouldn't trade them in for anything in the world, not even a golf course. I just hope that my kids will have the same chance I did to spend every day in the woods and just make memories. March 14, 2000, Duluth News-Tribune Spirit golf course all about money (letter to editor)My view on the golf course and the new lodge are as follows: I am a former Duluth resident, but I still ski cross-country at Spirit Mountain and walk the ski trails in the fall and summer. We are destroying too much of our forest as it is. This hillside is much too beautiful and a valuable forest for a golf course and lodge for the well-to-do people from Minneapolis or wherever.We have plenty of golf courses as it is. We don't need another golf course or lodge. It seems the well-to-do, the developers and the Planning Commission always get their way, one way or another, regardless of what the average people have to say. It's all about money and not our environment. I will help fight this project if I have to carry a protest sign or stand in front of a bulldozer. March 2, 2000, Duluth News-Tribune Golf course not wise use of landI am opposed to removing any old growth forest and damaging a natural trout stream to satisfy a frivolous pastime such as golf. I think the Izaak Walton League (and several other groups) have made an excellent case for a full environmental review of the proposed project near Duluth's Spirit Mountain. I appreciate the newspaper's support of that position. For me, this is a ``wise use'' issue. For this land to be relegated to a golf course is certainly not a wise use.
Gary M. Schwartz Feb. 23, 2000, Duluth Budgeteer News City sued over need for Spirit Mountain environmental impact statementPat FahertyBudgeteer News The need for an Environmental Impact Statement (EIS) is the heart of a legal action against the proposed golf course on Spirit Mountain. However, the project developer maintains he has already provided adequate environmental information. A March response is expected from the city of Duluth and other parties in the lawsuit against the project, which is connected to a proposed lodging complex. The proposed Spirit Ridge Golf Course would have 18 holes, nine of which would be in the Spirit Mountain Recreation Area, owned by the city of Duluth. The concept of a Spirit Mountain golf course dates back to the early 1970s and was part of a plan adopted by the City Council in 1975. The lawsuit was filed Feb. 10 against the city, the Spirit Mountain Recreation Area Authority and Spirit Ridge LCC. It was brought by the Gitche Gumee Chapter of Trout Unlimited; the McCabe Chapter of the Izaak Walton League of America; the Minnesota Center for Environmental Advocacy; and Nancy Nelson and Terry Brown, co-founders of the Western Skyline Preservation Alliance. The parties have 20 days from when they were served with the suit to respond. But as of Tuesday morning, Kent Oliver, project manager for Spirit Ridge LCC, had yet to be served. The city, which was served earlier this month, has yet to respond. The city attorneys office will also represent the Spirit Mountain Recreation Area Authority. The lawsuit was prompted by a January decision by the Duluth Planning Commission not to require an EIS for the project. At the heart of our claims is the need for an EIS, said Anne Roeser, attorney for the plaintiffs. The claim is brought under the Minnesota Environmental Policy Act. Adopted in 1973, the Minnesota Environmental Policy Act requires an EIS in any major governmental or private action of more than local significance that has significant environmental effects. Our position is that these requirements were violated, she said. The plaintiffs believe that the project as currently proposed will damage unique natural resources including an old-growth forest and the watershed of a tributary to Stewart Creek. The creek is a designated trout stream within the city and was subject of considerable testimony at the public hearing. Were tired of whats happening in Duluth, said Ken Benoit with Trout Unlimited. First it was Miller Creek, now Stewart Creek ... we want an EIS. The group has 110 members in Duluth and 1,900 statewide. Its purpose is to preserve cold water streams for trout and salmon. Were not on Stewart Creek, Oliver said. Its 1,400 feet away. An Environmental Assessment Worksheet (EAW) was completed for the project and deemed adequate by some planning commissioners. However, the plaintiffs argue that the city failed to distribute copies of the EAW, hindering the ability of individuals and government agencies to review and comment on the project. In addition, the plaintiffs claim that the lease between the Spirit Mountain Recreation Area Authority and the developer is illegal because it was approved before the completion of the environmental review process. The lease itself has been a subject of controversy during the review process, with project opponents labeling it a giveaway of public land. The environmental review process has been flawed on many levels, resulting in the failure to ensure that the natural resources get the degree of protection theyre entitled to under state law, said Roeser. The plaintiffs believe legal action has become necessary to achieve that level of protection. What are they looking for? asked a frustrated Oliver, recalling the extensive public comment and review process.. He said they have provided an EIS quality EAW which addressed all the concerns raised about the project. He said an EAW is normally a four-page document, but due to the many issues raised, they brought in experts and did a comprehensive study. We basically did an EIS, he said, and they still filed suit. As far as Im concerned weve done everything we can do weve fulfilled every mandate. Im going to gear up for the lawsuit. Olivers view that the 49-page EAW is adequate is shared by some of the city planning commission. I think the enhanced worksheet provides enough information, said commission chairman Alan Billington at the last public hearing. I dont see a need for further studies. February 20, 2000, Duluth News-Tribune Preempt court, do golf EISProceed with study to avoid golf course impacts to trout waters, old-growth forest on Spirit MountainMost reasonable people faced with credible, but conflicting scientific evidence on an issue would say, ``Hmmm, perhaps we need to do more investigation before we act.'' That would have been the wise course for Duluth Planning Commissioners faced with a decision whether to require an Environmental Impact Statement for a proposed golf course on Spirit Mountain. Instead, the Planning Commission chose to disregard testimony by the Minnesota Department of Natural Resources and others regarding potential impacts on trout-protected waters and old-growth forest on the site. As a consequence, the city now faces a lawsuit it easily could have avoided by requesting an Environmental Impact Statement. The lawsuit asks the courts to order an Environmental Impact Statement. The city should preempt the court and begin the process on its own. The Planning Commission serves in an advisory capacity to the City Council; the City Council, which must ultimately make a decision on work permits for the project, could vote to request an Environmental Impact Statement. The process would continue without the cost of a lawsuit. Department of Natural Resources scientists report that most of three proposed golf course holes and parts of four others would cross through 120 acres of a 250-acre old-growth Northern Maple-Basswood forest with trees older than 120 years -- the largest, best-quality forest in our region. Others dispute the age and quality of the forest. An Environmental Impact Statement would help settle the age and quality issue and study alternatives, including the developer's proposal, for avoiding impact on the forest. Within the proposed golf course site, too, are tributaries of a designated trout stream. Department of Natural Resources scientists report that cutting down trees has the potential to remove shade needed to keep waters cool for trout, reduce leaf litter on which aquatic invertebrates feed, aggravate erosion and cause sedimentation that smothers trout eggs. They noted other potential effects of the proposed golf course on the rate at which water, sediment and nutrients would enter the stream from the watershed. Other scientists minimized these impacts. Urban trout streams in the United States are rare enough. We should at least check out these potential impacts and consider alternatives, including the developer's, to maintain one of Duluth's trout streams. The developer prepared an Environmental Assessment Worksheet, a document designed to ``set out the basic facts necessary to determine whether an Environmental Impact Statement is required for a proposed action.'' State of Minnesota guidelines for environmental review make it clear that ``An EAW is not designed to be a substitute for the EIS, no matter how thick it is.'' We reiterate our view that a proposed 160-room Timber Ridge Lodge on five acres of land would be a fine addition to the existing Spirit Mountain ski area. A proposed 18-hole golf course, done carefully, could provide summer activity. An Environmental Impact Statement would consider reasonable alternatives to help the city and developers avoid undesired impacts on the valued waters and forests of Spirit Mountain. Just do it. What's Your View? Should the city and developer do an Environmental Impact Statement on the proposed golf course development for Spirit Mountain or fight the issue in the courts? Send your views by e-mail to letters@duluthnews.com or by mail to 424 W. First Street, Duluth MN 55802. February 15, 2000, Duluth News-Tribune Councilor raises golf course concernsStewart questions whether proper procedure was followed for project at Spirit MountainBy Jason Skog News-Tribune staff writer Duluth City Councilor Russ Stewart on Monday posed several pointed questions about the proposed Spirit Mountain golf course development, including whether the council could require further environmental review of the process. The questions, he said, were particularly about the process used to get the golf course project to this point. Developers of the proposed $23 million, 18-hole championship golf course and 150-room lodge are obtaining the necessary permits to allow construction to begin. Stewart said he was inquiring about the golf course's status as a member of the Audubon International sanctuary program when he realized he had more questions about the project. ``I want the public to be aware of the sorts of questions I have,'' Stewart said, adding that he was also interested in holding a closed-door council meeting on a lawsuit filed against the city and developers by several environmental groups. George Hovland III, co-developer of the golf course, said the questions were less about the project itself and more about whether proper procedure was followed. ``They're new in this and they haven't seen the two and a half years of process we've been through,'' Hovland said of councilors such as Stewart who were recently elected. Among the questions Stewart raised Monday: --Whether proper process was followed in 1997 when the master plan for the Spirit Mountain Recreation area was modified by the Planning Commission. He said state law indicates that the council can approve or not approve master plan revisions. He said it appears the city's Parks and Recreation committee of the Planning Commission never formally reviewed the revisions because it never had a quorum. Minutes of those meeting also indicate the committee later rescinded the recommendation, one it appears they never made. --Whether the Spirit Mountain master plan was sufficient because it is more of a map than a plan. --Whether the Spirit Mountain Recreation Area Authority's lease of land to the golf course developers was properly revised. Stewart said the lease originally had a start date of 1999 but now is set for 2001. --Whether the environmental review process was sufficient. The enabling legislation that created the Spirit Mountain Recreation Area stated that part of the mission includes preservation of the environment. He also questioned whether all the bodies required to approve the project actually had the required public hearings. --Whether the council can compel the developers to conduct an Environmental Impact Statement, a more comprehensive and detailed environmental review. Such a review is being sought by those who on Thursday began a civil suit against the city and the developers. Councilor Rob Stenberg defended the developers and said he would give them some leeway on the lease because the project has ``taken developers many more years than they expected.'' ``And for over 20 years, the plan has said we should have a golf course,'' Stenberg said of the Spirit Mountain master plan. ``It's timely and intelligent, as far as I am concerned.'' City Attorney Bryan Brown said the city will provide a written response to the questions Stewart raised. Councilor Ken Hogg asked whether the pending lawsuit would affect the council action on pending permits for the project. Brown said that would depend on what the action is. ``There is no constraint on any of the parties to act,'' he said. ``There is nothing to make them do anything or refrain from doing anything.'' He said the city has not yet responded to the lawsuit, although work on it began Monday. ``We have fashioned the basic tenor of the answer, we've read the charges and I've read about some of the actions and we're planning on responding in our duty as advocates for the City Council and the Spirit Mountain Recreation Authority and the Planning Commission,'' Brown said. Brown said the challenges have to do with process, hoops to be jumped through and hoops that haven't been jumped through. ``This lawsuit does not require your legal staff to have an opinion on whether or not a golf course should be built,'' Brown said. Jason Skog covers Duluth city government and the community. He can be reached at (218) 723-5330 or by e-mail: jskog@duluthnews.com February 12, 2000, Duluth News-Tribune The details: Who is suing and being sued?Three environmental groups and two individuals are suing to halt construction of a proposed golf course at Spirit Mountain and require additional environmental research.Here are the key players in the lawsuit and their affiliations: The plaintiffs McCabe Chapter of the Isaac Walton League based in Duluth. Mike Furtman, an avid outdoorsman and author, is the league's president and one of the lead plaintiffs in the case. Gitche Gummee Chapter of Trout Unlimited based in Duluth. Ken Benoit, an outdoorsman and electrical engineer, is president of the Duluth chapter, which has 110 members. Minnesota Center for Environmental Advocacy, an umbrella group of environmental activists and groups based in the Twin Cities. Nancy Nelson and Terry Brown, co-founders of the grassroots West Skyline Planning and Preservation Alliance opposed to the golf course. Because the group has not yet received official non-profit status, the two listed themselves as individuals in bringing the suit. The defendants: City of Duluth Duluth Planning Commission, the panel that voted 7-3 on Jan. 11 to approve the golf course plan and allow it to go forward. Spirit Ridge LLC, the corporation that is developing an 18-hole championship golf course and 150-room lodge on a portion of Spirit Mountain. Duluth businessmen Kent Oliver and George Hovland III are partners in the company's $23 million private golf course project. Spirit Mountain Recreation Area Authority, the public authority that runs the Spirit Mountain ski hill and trails is leasing a portion of the land to the golf course developers. February 12, 2000, Duluth News-Tribune Suit seeks to halt Spirit golf courseComplaint accuses city of ignoring environmental impact
By Jason Skog Three environmental groups and two Duluthians are suing to halt construction of a proposed golf course on Spirit Mountain. The suit asks that the project be stopped while additional environmental research is conducted. It was served Friday in the City Clerk's office, but began Thursday with the delivery of paperwork to the St. Louis County Sheriff's Department. It was the last possible day for filing suit following the Jan. 11 Planning Commission vote allowing the project to move ahead. There was a 30-day window to allow opposition to challenge the vote. The complaint names the city, the Planning Commission, Spirit Mountain Recreation Authority and the golf course developer as defendants. It accuses them of ignoring evidence suggesting the proposed golf course would pose significant environmental impact. Kent Oliver, co-developer of the $23 million golf course and lodge project, said he's not surprised by the suit. ``I've anticipated a lawsuit right from the beginning,'' Oliver said. ``We've been told that they would sue us.'' Oliver said he and his business partner, George Hovland III, are in the process of obtaining building permits in hopes of breaking ground on the project this summer. He said the suit might disrupt that time line. ``It'll take us more time and effort, but we'll just have to deal with it,'' Oliver said. Mike Furtman, president of the McCabe Chapter of the Izaak Walton League in Duluth, said his organization could not sit by and watch the project proceed. ``The league doesn't take filing a lawsuit lightly,'' Furtman said. ``We're not going to apologize for wanting to protect a trout stream in the city. ``We're not anti-golf course -- we're pro-trout stream.'' Stewart Creek is a designated trout stream in the project area and, according to the suit, ``is particularly unique in that it is an urban trout stream with a naturally reproducing, self-sustaining, wild population of trout.'' The suit specifically asks the court to: - Order an Environmental Impact Statement on the golf course and lodge project. - Declare the developer's lease with Spirit Mountain Recreation Area Authority invalid. - Declare the project will pollute, impair or destroy the environment. - Declare that the project will violate environmental quality standards of the state. - Award plaintiffs costs and attorney's fees. Known as the Ikes, the group of environmental and outdoors enthusiasts was established nationally in 1922 and a Duluth chapter was first formed in 1924. Others bringing the suit are the Gitche Gumee Chapter of Trout Unlimited; the Minnesota Center for Environmental Advocacy and Nancy Nelson and Terry Brown, co-founders of the West Skyline Planning and Preservation Alliance. In their Jan. 11 vote, Planning Commissioners decided the existing environmental research -- known as the Environmental Assessment Worksheet -- was sufficient to allow the project to move forward. Al Billington, chair of Duluth's Planning Commission, said he still feels the developers demonstrated the project would not cause a significant environmental harm. ``As I said at the meeting, I felt that there was sufficient environmental data displayed in the comprehensive (Environmental Assessment Worksheet) that we received,'' Billington said. ``There was nothing that I could see that was missing, and so there was no point mandating that somebody go forward and spend a lot of resources to develop an EIS.'' But those filing the suit are claiming a more comprehensive study known as an Environmental Impact Statement is needed. ``The Planning Commission's decision was arbitrary and capricious,'' Furtman said. ``They ignored testimony that there was going to be significant environmental damage and they decided not to go forward with the EIS.'' Furtman said an environmental worksheet is intended to be a brief ``checklist'' to help determine whether a project warrants more environmental research. While he concedes the developer's EAW was lengthy, he said it was short of what a full-blown Environmental Impact Statement would provide. ``The flaw in that is that the questions and answers were controlled by the developer and his experts and they did not adequately address some aspects, particularly related to the trout stream,'' Furtman said. Developers continue to disagree with that characterization. ``We basically gave them an EIS-quality EAW,'' Oliver said. ``And with all the backup data, I don't know what else they could ask for from us. It wasn't arbitrary and capricious, and we proved that we're not going to destroy the world.'' A court date on the suit has not been set. Jason Skog covers Duluth city government and the community. He can be reached at (218) 723-5330 or by e-mail: jskog@duluthnews.com Feb. 2, 2000, Duluth News-Tribune Campground beats Spirit Mt. golf courseIs a golf course really the best solution for Spirit Mountain's ``year-round'' recreation dilemma? Yes, we need to get more people up to the mountain each spring-summer-fall, and a golf course might just do that for awhile. (Though it seems more like a developer's slick scheme.)But at what cost -- to the land which will be irrevocably changed; to the water which flows down the hill into the St. Louis River and Lake Superior, and to the hillside residents below. Is the mountain really the best place for a golf course? Others have recommended some beautiful sites along the river that have already been disrupted and are waiting to be reclaimed. What a source of community pride and economic boost to transform wasteland into beautiful green golf space. What would be a better match for Spirit Mountain? A world-class urban campground, which we already have a start with in the existing Spirit Mountain campground. High-quality urban camping is in huge demand, and this trend will escalate into the new millennium. Or maybe in keeping with another priority of the Spirit Mountain Master Plan, we should be increasing recreation for youth. Things that kids might like such as mountain biking, paintball, orienteering, X-Games, or group camping.
And finally, let's not forget the huge natural value of the
mountaintop forest and wetlands. A mature hardwood
forest, very uncommon in the northland, is the kind of
setting that nature centers dream about. A living
classroom, with unique experiential educational
opportunities, increasing in value as the decades go by
and resources become scarcer. Let's dedicate the Spirit
Mountain forest and adjacent Magney Park to our future,
and preserve the area in the name of the late champion of
our environmental resources, Willard Munger. January 16, 2000, Duluth News-Tribune Impact statement appropriateSam Cook: On the OutdoorsI'd like to believe that the Spirit Mountain Golf Course project will be a valuable addition to the city. I'd like to believe its developers are correct when they say that the course won't negatively affect the existing forest and Stewart Creek, a healthy trout stream that will flow through the development. I'd like to believe that the chemicals used to control weeds on the golf course won't contaminate the trout stream or other water sources in the area. Apparently, that's what the majority of members of the Duluth Planning Commission want to believe, too. The commission voted 7 to 3 Tuesday not to require a more thorough look at potential effects of the development with an Environmental Impact Statement (EIS). Unlike the majority of the commission, I'm not sure I do believe all will be well. It would have been worth taking the final step to an EIS to more thoroughly evaluate the project. I like golf. Although I don't play the game myself, I understand its appeal. The growth of the sport has been phenomenal, and demand for more courses is increasing. The presence of another top-flight course in Duluth would no doubt be met with great enthusiasm not only by local golfers but by those from other parts of the region. The tourism benefits would be obvious. Yet, it's not surprising the proposed development has been controversial. Proponents of forest preservation and those who value cold, clear waters fought hard to persuade the Planning Commission to call for an Environmental Impact Statement. Developers, who seem genuine in saying they'll do all they can to protect the landscape, fought hard to avoid the delay an EIS would have meant. Part of the Planning Commission's process was disturbing. Allowing fisheries biologists with the Minnesota Department of Natural Resources just a few minutes in Tuesday's hearing to describe potential degradation of the trout stream was simply wrong. While many supporters of an EIS were given time to speak, it seems unwise not to allow paid professionals whose job it is to protect our resources ample time to make their case. Those biologists think the development, as proposed, will severely impact the trout in Stewart Creek. My hunch is that a lot of people, not just the majority of the Planning Commission, might figure it's worth giving up some trout -- maybe even all the trout -- in the stream for whatever economic and recreational benefits the golf course development will bring. These trout are hardly the kind anglers hang on their walls, and the creek is not the kind of water that gets written up in glossy fishing magazines. The fact that those trout may offer hours of pleasure to a 10-year-old neighborhood kid with a hand-me-down fishing rod is hard to quantify in a cost-benefit ratio. Aldo Leopold, the Wisconsin conservationist, had it right 50 years ago: ``... quit thinking about decent land use as solely an economic problem. Examine each question in terms of what is ethically and esthetically right, as well as what is economically expedient. A thing is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise.'' The Spirit Mountain golf development is just one more in a continuing series of land-use debates in our region. Boat launches on Lake Superior. Off-highway playgrounds. A new power line across Wisconsin. A snowmobile trail extension in Cook County. A bike path through Duluth's Hartley Field. None, taken singly, is going to change our world dramatically. But the way we handle all of them, collectively, will make a noticeable difference in the span of one lifetime. For that reason, it's always worth taking the time to make sure we're headed down the right path. An EIS would have been par for the course in this case. Cook is a News-Tribune outdoors writer. Call him at (218) 723-5332 or (800) 456-8282. E-mail him at scook@duluthnews.com. January 9, 2000, Duluth News-Tribune Take final step in golf planDevelopers have done a good job in addressing environment concerns, but Planning Commission should insist on full EISLast month, a few days before the Duluth Planning Commission was to make a decision on the level of environmental assessment required for developing a golf course near Spirit Mountain, we recommended that a full environmental impact statement (EIS) be required. The Planning Commission decided to put off a decision until January. Well, it's January, and that decision is expected Tuesday. And nothing has changed to obviate the need for a comprehensive environmental assessment with an EIS. There are simply too many questions still unanswered on the impact of building and maintaining an 18-hole golf course and 150-room hotel on a 432-acre tract just west of existing Spirit Mountain ski area. Developers have gone to considerable lengths to answer questions about their projects' environmental impact and also to revise plans to respond to concerns about cutting trees and maintaining turf with chemicals. They have submitted what appears to be a well-prepared environmental worksheet -- a step below an EIS -- that, if borne out by further study in an EIS, should result in a City Council decision to allow the development to proceed. Developers have gone this far; they should go the final step and allay all concerns about their project. Some of the concerns about the proposal are far from minor. Nearby residents are concerned about the prospect of contamination of their wells. Environmentalists are concerned about pollution of nearby streams leading into the St. Louis River and possibly wetland depredation. Not nearly so serious is the likelihood of tree removal from the tract to make way for a golf fairway. Developers have bent over backwards in their design to assure that many trees will be preserved in the hardwood forest. Both developers and opponents have submitted guest columns which appear on the facing Northland Forum page. Each side has done a good job of making a case. But without a full environmental impact statement there will always be questions. Both the 165-room Timber Ridge Lodge and the proposed golf course would be logical and popular additions to the Spirit Mountain ski area, offering first-class on-site accommodations to skiers and both accommodations and golf in the warmer months. Barring environmental dangers uncovered in an EIS, they should be allowed. Indeed, a golf course was included in the Spirit Mountain Master Land Use Plan developed almost 30 years ago when the recreation area was first planned. But environmental effects were less a concern then, and the effects of chemicals used to maintain golf courses were not as much of an issue. The developers have been patient and fastidious so far. And yes, an environmental impact statement would delay the project once again. That's why officials should make every effort to expedite the comprehensive environmental study. There's no reason why these things have to drag on and on other than bureaucratic torpor. Ultimately, the decision is up to the Duluth City Council. The Planning Commission should insist that councilors have the best information available before they act. How you can get involved The Duluth Planning Commission meets at 9 a.m. Tuesday in the City Council chambers, third floor, Duluth City Hall. January 9, 2000, Duluth News-Tribune Spirit Mt. golf course: environmental friend or foe?Project following all the environmental rulesKent Oliver and George Hovland III We appreciate the opportunity to clear up some of the misconceptions about the proposed Spirit Ridge Golf Course in the Dec. 14 News-Tribune editorial. Because this project has the potential to have a tremendous impact on our region, it is expected that people will have concerns. We welcome those questions and comments and want to make sure readers have the correct information on several key facts. Contrary to what readers may have read, it has taken 4 years of careful planning, testing and research to make sure that the course is designed with an acute sense of respect for the environment. We've revised the design as many as six times to ensure optimal environmental integrity, including the preservation of mature trees. And, with the assistance of a highly respected, professional, environmental research team, we've carefully designed a state-of-the-art, environmentally safe, turf grass management program. One concern is whether or not Spirit Ridge will arbitrarily remove old growth forest, creating huge, wide-open spaces typically seen in older golf course designs. This is not part of our design. When completed, Spirit Ridge will nestle harmoniously within 432 acres of land next to Spirit Mountain -- 40 percent of which is private -- and will give golfers the challenge of maneuvering through trees and down beautiful, long, winding fairways that are layered with natural obstacles. This will be achieved by selective tree harvesting, not clear-cutting. A few older trees are left from previous clear-cuttings -- which took place in the late 1800s and 1940s -- as well as those left from the 1912 fire. These older trees will be incorporated into Spirit Ridge's design. Another concern is the use of chemicals. Today's best golf courses don't use chemicals indiscriminately. The same will be true with Spirit Ridge. We will manage the grass, primarily, with the best management practices, which include proper cutting and irrigation techniques. Then, in a very structured and regulated method, approximately 35 of the 432 acres will safely receive fertilizers, and approximately 10 of these 35 acres will receive herbicides and fungicides -- all applications of which will meet or exceed Environmental Protection Agency golf course standards and will only be used as a last resort! We will never use insecticides. The course will also be maintained by the best-educated and most judicious users of chemical management tools. Most golf course superintendents have university degrees in agronomy, horticulture or a related field. Most are also licensed applicators of all chemicals that are proposed for use on the Spirit Ridge Golf Course. Another issue that was brought up was the need for further environmental studies. Dr. James C. Balogh, PSS, and his team of experts were hired to conduct environmental research for the Spirit Ridge project. He is considered by many to be one of the best in the world and is working directly with the Environmental Protection Agency and United States Golf Association (USGA) to minimize or eliminate any potential, negative, environmental impact. Under Balogh's guidance, we volunteered to complete an Environmental Assessment Worksheet (EAW) which is equivalent to an Environmental Impact Study (EIS). Our EAW and our responses to comments are almost identical to an EIS because of the technical data that has been put into them. The only thing they do not cover is the wildlife information, and the Department of Natural Resources did not specify that a wildlife study was needed. This type of research has enabled us to participate in the Audubon Cooperative Sanctuary System of Golf Courses. We also plan to hire a superintendent who is a member of the Golf Course Superintendents Association of America. These two groups are both guardians of the environment. They make sure that good management plans are followed from construction to completion to course operation and management. Those who think more planning should be done might find it helpful to know that it's taken us 4 years to get to this point. This has been a well thought out plan. We've done it through responsible approaches to politically, economically and environmentally sensitive issues. We have dealt with all of the issues and responded to them. There are no protected plants. There are no rare species of trees. We have taken a very careful look and a very responsible approach to all of the issues. By law we have to stay out of the wetlands; we've provided for that. We had to minimize the impact on runoff; we created buffer zones. We've created the best turf management plan possible. As a matter of fact, studies have determined that, from an environmental impact standpoint, golf courses are actually very environmentally friendly. From a recreational standpoint, they're perhaps one of the best ways to enjoy the natural beauty of our area. Oliver and Hovland are principals in Spirit Ridge Development. January 9, 2000, Duluth News-Tribune Project potential impact demands scrutinyNancy Nelson ``An Environmental Impact Statement (EIS) shall be ordered for projects that have the potential for significant environmental effects.'' That's what the Minnesota rules say. Yet on Dec. 15, following three hours of testimony describing the potential for significant environmental effects from the proposed Spirit Ridge Golf Course and hotel, the Duluth Planning Commission voted against ordering an EIS for the project. According to Minnesota law, the environmental review process begins with the preparation of an Environmental Assessment Worksheet (EAW), a ``brief document which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed project.'' The responsible governmental unit reviews the EAW and the public comments, and then decides whether an EIS is required. Four criteria are to be used in this decision: Type, extent and irreversibility of environmental ef0fects; cumulative potential effects of related or anticipated future projects; the extent to which environmental effects are subject to mitigation by ongoing public regulatory authority, and the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer. On Sept. 28, 1998, the city of Duluth was designated as the responsible governmental unit for this project. The Duluth Planning Commission has the authority to act on behalf of the city in this capacity. But at the Dec. 15 public hearing, at which the Planning Commission was scheduled to decide whether to order an EIS for the Spirit Ridge project, it was clear that commission members did not understand the environmental review laws or their responsibilities as the responsible governmental unit. And the Planning Department staff member advising them could not explain the difference between an EAW and an EIS. One of the main purposes of an EIS is to consider alternatives to the proposed project. According to the rules, an EIS must include the ``no-build'' alternative as well as consideration of alternative sites. The responsible government unit must make sure that environmentally superior alternatives were not eliminated without sufficient justification. And the EIS must analyze the potential impacts of related actions -- in other words, cumulative impacts. The rules recognize that ``cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.'' This would include the future construction of time-share condos at Spirit Mountain or private homes bordering the golf course. Commissioner Carol Thomson was right on Dec. 15 when she suggested that the Planning Commission should order an EIS so work could begin on it immediately. But instead, a majority of commissioners voted to postpone the decision to gather more information. In fact, the rules state that this decision can be postponed only if information critical to the EIS need decision is lacking, not simply because some information that could have been included was not in the EAW. More than enough information is already available to indicate that this project has the potential for significant environmental effects. The EAW that has been prepared for this project contains more information than Minnesota law requires. At the Dec. 15 meeting the developers argued that the EAW is so detailed that completion of an EIS is unnecessary. But the fact remains that the legal duty of the responsible governmental unit is to answer the question ``is there potential for significant environmental effects.'' If the answer is ``yes,'' then state law requires that an EIS must be completed. The EAW is not the place to explore mitigation methods or alternative sites -- that is the purpose of the EIS. Under state laws for environmental review, the EAW for the Spirit Ridge Golf Course cannot take the place of an EIS. Strong interest in this project, which will irrevocably alter nearly 500 acres of forest and wetland in Duluth, Midway Township and Proctor, resulted in passionate and thoughtful comments from over 40 community members at the public hearing. Speakers included respected citizens with advanced degrees and many years of practical expertise in fields such as hydrology, forest ecology, botany, ornithology, fish and wildlife management, geology and environmental law. These people took time from their busy lives to participate in an environmental review process that is dictated by state law. Unfortunately, as the process currently functions in Duluth, input from such civic-minded citizens is too often disregarded. The Planning Commission will have another opportunity to make a decision on Tuesday. Let's do it right this time. Minnesota law also states: ``Any aggrieved party may appeal the decision in district court.'' Nelson is a professional science writer and former environmental consultant. This commentary is written on behalf of the West Skyline Planning and Preservation Alliance and other opponents to the Spirit Ridge Golf Course development. Jan. 2, 2000, Duluth News-Tribune City betrays laws in golf course actionIn making a decision about whether an Environmental Impact Statement (EIS) is needed for the proposed Spirit Ridge Golf Course and Lodge, the city of Duluth has assigned that responsibility to the Duluth Planning Commission, following the rules laid out by the state Environmental Quality Board. I wonder if the members have ever read the state statute, the Environmental Policy Act, that governs those rules and, by delegation, their decision? The law clearly states that an Environmental Assessment Worksheet (EAW), which is the document under review by the city, is a ``brief document'' designed to determine whether an EIS is required if ``there is potential for significant environmental effects.'' Information brought out in the EAW and in public comments clearly shows the ``potential'' for environmental effects. Issues raised include water quality, trout streams, groundwater, wetlands, aesthetics and old growth forest.It is only through an EIS that mitigations and alternatives to lessen the environmental harm are required. Some mitigations were proposed in the EAW but alternatives were not explored. Alternatives would include not only an alternative site for a golf course, but an alternative design that would not so severely impact the trout stream and destroy wetlands and the very rare old growth yellow birch-maple-basswood forest which the city has known about since 1997 when a forester and an ecologist surveyed the area. This decision is not just a paper exercise. The city of Duluth has a responsibility under the Environmental Policy Act and the Environmental Rights Act to protect the environment. Jan. 1, 2000, Duluth Budgeteer News Build golf course on U.S. Steel siteTo the Budgeteer:I thoroughly agree with Greg Price and Terry Browns letters to the editors. Using the U.S. Steel acreage to build a golf links, instead of locating it atop Spirit Mountain, would solve a host of grievous problems. Not cutting down those hilltop trees should placate environmentalists and conservationists alike. I cannot think of a better way to use that industrially contaminated land than by topically laying a protective barrier of sod and using this property for a golf course or park. Being bounded on one side by Morgan Park, the historic U.S. Steel company town, and directly opposite by the St. Louis River and Duluths scenic summer railroad, the setting would be great for a first-class country club. Another advantage is the quietness that is found in this part of Duluth. The best entrance might be from the former Universal Atlas cement plant site on Commonwealth Avenue. If landfill is needed to contour the topography, dredgings from Stryker Bay and rubble from the Opus project, when that hill is blasted down to Central Entrance level, could solve a double demand. By using Morgan Park, this golf links would be about as far west as Spirit Mountain, but with much less traffic congestion. And it would be well inside of our city, rather than at its border; bringing golfers right into town. A country club/golf links, located here, would provide a great economic boost for the western reaches of our city. Robert A. Schadel, Duluth [Back to top] |