Superior National Forest decision nixes Lutsen Mountains' expansion plans

Superior National Forest officials said Friday that they won't issue a permit for Lutsen Mountains to expand into 495 acres of U.S. Forest Service land along the North Shore of Lake Superior, citing potential environmental effects and treaty concerns raised by several Native American tribes.

Forest officials also pointed to the need to protect local tree species, the area's hydrology and existing recreation opportunities like cross-country skiing and hiking on the Superior Hiking Trail.

Based on those considerations, "the expansion is not appropriate at this time," said Superior National Forest Supervisor Tom Hall.

Lutsen Mountains proposed building new ski runs, chair lifts, parking, buildings and other facilities on U.S. Forest Service land where several tribes retain hunting, fishing and other rights under an 1854 treaty.

In a joint news release from the three bands, tribal officials commended the Forest Service's decision, adding that Lutsen's project would "irreversibly impact" the area.

"For too long, the bands' treaty-reserved rights to hunt, fish, and gather within the 1854 ceded territory have taken a back seat to private interests," said Cathy Chavers, chair of the Bois Forte Band of Chippewa.

Lutsen Mountains will revise its proposal and come back with something that accounts for the concerns of the tribes and the Forest Service, said Jim Vick, Lutsen's spokesman and general manager.

The permitting process started two years ago. The draft decision must still go through an objection period, Hall said, but a change to the decision typically doesn't occur unless substantial new information is brought forward.

A final decision will be made in 90 days, Hall said. That includes 45 days to submit objections and 45 days for Superior National Forest to try to resolve them.

"Lutsen Mountains respects the Forest Service decision process," said Charlotte Skinner, chief of staff for Midwest Ski Resorts, which owns Lutsen Mountains, in a statement. "We are committed to being an active and constructive member of our community and will work collaboratively with sovereign tribal nations, local elected leaders and others to improve our area."

The decision doesn't "impact the resort's existing operations or ongoing improvements on the resort's private land," the release said.

With 95 ski runs, Lutsen Mountains, which overlooks Lake Superior, is one of the largest ski areas in the Midwest.

Charles Skinner and his family, owners of Midwest Family Ski Resorts, had planned a $56 million expansion on public land on which three tribes — the Fond du Lac and Grand Portage bands of Lake Superior Chippewa and the Bois Forte Band of Chippewa — retain treaty rights.

The tribes signed an agreement in May with the Forest Service to protect their treaty rights within the Superior National Forest. It outlines a working relationship between the tribes and the Forest Service and sets priorities for the future, said Joy VanDrie, Superior National Forest spokeswoman.

Due to that agreement, Lutsen Mountains asked the Forest Service to hold off on making a decision on the expansion project about a month ago, Vick said, and the Forest Service agreed.

Vick said Lutsen actually withdrew the application for expansion at that point. The Forest Service said it didn't consider that a formal withdrawal and made Friday's decision to follow the correct federal process.

Lutsen's proposal called for seven new chairlifts, 324 new acres of ski terrain, two new base facilities, a chalet atop Moose Mountain, two new snowmaking reservoirs, more than 1,200 new parking spots, new access roads and maintenance facilities.

When the Forest Service asked for feedback on the plans, nearly 500 people commented, many saying said they opposed the expansion for environmental and cultural reasons.

Hall said the Forest Service considered three choices: Taking no action, allowing Lutsen's expansion proposal to proceed by issuing a permit, and an alternative plan devised by the Forest Service that would downsize the expansion to include five new chairlifts and 293 acres of added ski terrain, and removing proposed expert runs on the north side of Moose Mountain.

Ultimately, officials picked the "no action" option, Hall said, relying on public comments, an analysis of effects and discussions with the tribes.

Paula Maccabee, advocacy director and attorney for WaterLegacy, called the decision "a huge victory for tribes and the exercise of treaty-reserved rights" in a statement.

WaterLegacy is an environmental group that submitted comments opposing the expansion.

"This [a government agency choosing the "no action" alternative] doesn't happen every day and it's a really important decision," she said in an interview.

It will also help preserve high-quality forests, wildlife and water quality, and adheres to the Superior National Forest Plan laid out by the Forest Service, she said.