-----Original Message-----
From: Saddleback@atconf.org [mailto:Saddleback@atconf.org]
Sent: Thursday, November 09, 2000 2:46 PM
To: Saddleback@atconf.org
Subject: Saddleback agreement-ATC's perspective

Dear A.T. supporter-

As you know, the representatives of the US Department of Interior recently completed a tentative settlement agreement with the owners of Saddleback ski area. I am writing to provide you with a summary of the agreement. Depending on your perspective, the proverbial glass can be viewed as half full or half empty. Following the agreement outline is ATC's perspective in a question-and-answer format.

It is important to note that the agreement was forged by DOI (not NPS) in the context of a very unfavorable political climate in Maine, the strong desire of the Clinton administration to conclude a deal, and strong political pressure brought to bear on the issue by ski area representatives. Both the Maine congressional delegation and the administration wanted a settlement--almost at any cost. When negotiations rise to that level, they no longer are based primarily on the resource; rather, the decision tends to be based more on political expediencies.

Maps to accompany the agreement can be found at http://www.appalachiantrail.org/protect/issues/saddleback.html.

Elements of the Agreement:

* Conveyance to the U.S. of approximately 1,115 acres in fee-simple ownership, including all of the ski-area ownership in the southeast quadrant of the property, a substantial interest surrounding Eddy Pond, and a corridor of varying width (generally in the range of 400 feet) bordering the Appalachian Trail along the ridgecrest between Saddleback peak and the peak of The Horn (see overview map).

* A scenic easement affecting an additional approximately 320 acres in the Horn bowl area on the northwest side of the mountain (see overview map).

* Compensation to the property owner in the amount of $4 million in congressionally appropriated funds from the federal Land and Water Conservation Fund ($500K from the already appropriated A.T. acquisition funding and $3.5M from a special appropriation). A portion of the transfer of corridor lands to the U.S. is characterized as a donation, with the balance as a sale. In addition, some interests in the property are slated to be conveyed to the state of Maine at a future date (language compelling this transfer was included in the amendment authorizing the $3.5M special appropriation).

Benefits of the Agreement:

* Provides a permanent, publicly owned right-of-way for the Appalachian Trail along the entire approximately 3.2-mile segment extending from Eddy Pond to the Horn.

* Eliminates the potential for ski-trail or -lift crossings (and associated clearing, grading, and/or snowmaking activities) affecting the Appalachian Trail.

* Conserves sensitive alpine-tundra and portions of the krummholz plant communities (see alpine-vegetation map).

* Protects the majority of "outstanding quality" scenic areas bordering the Appalachian Trail (see view-shed map).

* Provides additional scenic-impact mitigation and limitations on non-ski-season uses affecting any future ski-related development above the 3,000-foot elevation in the Horn bowl area through a permanent "scenic easement."

* Conserves the remote character, water quality, and riparian ecology of Eddy Pond.

* Preserves the undeveloped eastern slopes of the Saddleback range.

Weaknesses of the Agreement:

* Future ski development in the Bowl-The agreement does not provide the same extent of public ownership in portions of the Horn bowl as that envisioned under Alternative 2 (the National Park Service's and ATC's "preferred alternative" identified through the environmental-assessment process)-most of the area will be encumbered by a limited "scenic easement." Although scenic-impact mitigation and other requirements are incorporated in the easement affecting that area, the potential exists-subject to any further requirements imposed through state regulatory review-for substantial ski-related development at elevations generally ranging from 3,000 to as high as 3,700 feet-essentially what Saddleback proposed and NPS reviewed as Alternative 3 in the EA. If such development occurs, the existing undeveloped character of the Horn bowl will be fundamentally changed and there could be significant adverse impacts to vegetation, wildlife habitat, fragile soils, water quality, and scenic values.

* Narrow corridor-Portions of the Appalachian Trail protection corridor are quite narrow (as little are 150 feet), particularly in the vicinity of Saddleback peak within the LURC-approved planned development district (D-PD) and between the northern boundary of that zone and the Madrid town line. Because that area is highly visible from the Appalachian Trail, possesses an extensive range of alpine-tundra vegetation, and is the most likely area for future ski-area expansion, sensitive siting, design, and construction practices must be applied to any future development there. Since the planned-development district is unaffected by the agreement, and only a scenic easement will apply between that zone and the Madrid town line, the National Park Service will have only limited authority to affect any future development in those areas. Regulatory oversight there will remain primarily within the purview of the Maine Land Use Regulation Commission, the Maine Department of Environmental Protection, and other appropriate state agencies.

Questions and Answers:

Was the Appalachian Trail Conference involved in the negotiations leading to the settlement agreement?

ATC was directly involved in negotiations between representatives for the National Park Service and the ski area that began in April 2000 and extended through July. From August to the conclusion of the agreement, negotiations were led by assistant secretary of Interior John Berry. ATC was not represented in those most recent discussions. In October, ATC and a number of other national, regional, and Maine-based conservation organizations wrote Secretary Babbitt and requested the opportunity to review and comment on the terms of any proposed settlement before it was finalized. That opportunity was not provided.

What is ATC's over-all reaction to the settlement agreement?

We have approached the negotiations with several objectives. The settlement agreement satisfies completely a number of those objectives, including eliminating the potential for ski-trail crossings of the Appalachian Trail and precluding snow-making impacts at Eddy Pond. The settlement agreement satisfies other objectives only to varying degrees. For example, the trail-protection corridor that will be conveyed to the U.S. incorporates perhaps 95 percent of the alpine-tundra and krummholz vegetation on the mountain, and perhaps 85 to 90 percent of the most sensitive view-shed areas; ideally, we would have preferred to see 100 percent of those resources and appropriate "buffer" lands included in the fee-simple conveyance.

Clearly, we are not satisfied with the level of protection above the existing ski area or along the crest of the Horn bowl. In the portions of the Horn bowl affected by the scenic easement, there are few limitations to future ski-related development, although most potential development, at least at elevations above 3,000 feet, will be subject to certain scenic-impact mitigation requirements under the terms of the easement. The severity of impacts associated with any development there, or in the planned-development subdistrict around the existing ski area (authorized earlier by LURC), will depend to a significant degree on the sensitivity of design and construction practices that are applied to the development. We believe it will be important for ATC, the National Park Service, and other interested conservation organizations to participate actively in any future regulatory proceedings affecting proposed development in those areas.

What is the likelihood of future development in the Horn bowl?

The ski area is for sale and has been for several years. The current property owner does not appear to have any interest in modernizing the existing ski area or expanding into new terrain. Any new owner will have to be prepared to make very substantial financial investments in the aging infrastructure of the existing ski area in order to be even marginally competitive with other larger and more contemporary ski areas such as Sunday River or Sugarloaf, or even some smaller "family-oriented" ski areas in the region. If those investments are made, the most logical area for expansion would be in the planned-development subdistrict encompassing the existing ski area, and then between the existing ski area and the Madrid town line where some "advanced" and "expert" ski terrain exists. It could be many years before expansion farther north in the Horn bowl is seriously contemplated. Much may depend upon the vagaries of the ski-business economy, as well as the financial resources and "risk tolerance" of any future owner, and the outcome of future regulatory proceedings needed to review ski-area expansion plans.

What is ATC's reaction to the $4 million price tag for the settlement?

To the best of our knowledge, the $4 million figure is not based on any fair-market-value appraisal; there appears to be no connection between the this amount and any independent land-valuation process. Several appraisals have been commissioned previously at Saddleback. None of them supported values of that magnitude: at least two appraisals valued the entire, 11,800-acre property at $4-5 million. While there is some intangible value-perhaps especially for the people of Rangeley-to the fact that this long-standing dispute finally has been resolved, there is no independent, financial justification for the expenditure of the $4 million. The question of value is further muddled by the fact that a portion of the transfer will be characterized as a "donation," and by the fact that the authorizing language requires a transfer of a portion of the property to the state of Maine.

What is ATC's reaction to the donation by the owner of a portion of the property.?

Our impression is that, for whatever reasons, it was important to Mr. Breen to characterize a portion of this transaction as a donation. From our perspective, the agreement represents a comprehensive settlement affecting a total of approximately 1,440 acres. In exchange for the interests he is conveying,, Mr. Breen will receive very substantial compensation, far in excess of appraised value.

What role will ATC play in the future at Saddleback?

We consider the Saddleback Range to be among the most priceless places along the entire 2,167-mile Appalachian Trail. ATC, primarily through the dedicated work of volunteers affiliated with the Maine Appalachian Trail Club, will continue to maintain the footpath and care for the lands and other resources bordering the trail. We also intend to be actively engaged in any future discussions affecting natural and scenic resources on the mountain. The reality is that the Appalachian Trail and Saddleback Ski Area are going to be neighbors, probably for a very long time. We hope to establish a collaborative relationship with the current and any future owner of the ski area with the aim of assuring that any modernization or ski-area expansion is carried out in an environmentally sensitive manner. We intend to participate in any state regulatory (LURC/DEP) review of future expansion plans and implementation of those plans to minimize the impact on the Appalachian Trail. And, we hope to strengthen our relationships with the people in Rangeley and Franklin County. We continue to believe that the Appalachian National Scenic Trail and its visitors represent important assets to the community and the region.

If you have questions or reactions, please feel free to contact either Kevin Peterson at the address below, or ATC executive director Dave Startzell at 304-535-6331. Finally, we apologize if you received multiple copies of this message.

Thank you.

Kevin A. Peterson
Regional Land Trust Administrator-North
Appalachian Trail Conference
18 On the Common, Unit #7
Lyme, NH 03768-0312
Phone: (603) 795-4935
Fax: (603) 795-4936
E-mail <mailto:kpeterson@atconf.org>
Visit ATC's Web site at <http://www.appalachiantrail.org>

Appalachian Trail Conference 799 Washington Street Harpers Ferry WV 25425 mailto:info@atconf.org  http://www.atconf.org

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