Forest Service rejects Lutsen expansion permit, citing treaty rights and impact to natural resources

26 August 2023

LUTSEN The U.S. Forest Service rejected a permit for Lutsen Mountains ski resort’s planned expansion.

The ski resort on Minnesota’s North Shore of Lake Superior had been wanting to embark on a $60 million, 550-acre expansion into the Superior National Forest, but such a project would harm unique ecological features of the forest and threaten the treaty rights of Ojibway bands, the Forest Service said Friday.

The move comes a month after the Forest Service agreed to pause the special-use permit process so the ski resort could further consult with the bands.

In an interview with the News Tribune on Friday, Superior National Forest Supervisor Thomas Hall said his decision to reject the permit was made after looking at the impacts on natural resources everything from changes to hydrology to the removal of hard-to-regrow northern white cedar and culturally significant sugar maple trees. And those resource impacts were further “reinforced” by treaty rights concerns raised by Ojibway bands, Hall said.

“Upon extensive review and understanding of the issues and resource impacts, I propose to not approve this permit application,” Hall wrote of the decision. “While the expansion would add to existing high-quality recreational opportunities and visitation in Cook County, I have determined the adverse impacts associated with expansion on National Forest System lands outweigh the benefits. Importantly, it is also my responsibility to ensure the voice of the three consulting bands are heard and have a prominent role in informing the decision of how this area will be managed into the future.”

The Bois Forte Band of Chippewa, the Fond du Lac Band of Lake Superior Chippewa and the Grand Portage Band of Lake Superior Chippewa bands that have the right to hunt, fish and gather in the area under the 1854 treaty with the U.S. government celebrated the decision in joint news release.

“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, chairwoman of the Bois Forte Band of Chippewa. “We commend the Forest Service for upholding their responsibility to protect our remaining treaty resources. This is the right decision.”

Grand Portage Chairman Robert Deschampe said the band was “very happy” with the decision.

“Impacts from the special-use permit would have affected our inherent rights to hunt, fish and gather. The (environmental impact statement) demonstrated that the expansion would further harm maple sugar bush and old-growth white cedar forest, cultural sites, and fish habitat,” Deschampe said in the release. “We as tribal leaders have a responsibility to make sure there are resources for our next seven generations.”

A 45-day objection period on the Forest Service’s decision will begin Saturday, but Jim Vick, general manager of Lutsen Mountains, said the company hasn’t determined its next steps.

In a news release, Charlotte Skinner, chief of staff for Midwest Family Ski Resorts, owner of Lutsen Mountains, said the company “respects the Forest Service decision process.”

“We are committed to being an active and constructive member of our community and will work collaboratively with the sovereign tribal nations, local elected leaders, and others to improve our area,” Skinner said. “Our desire is to listen to tribal concerns, and potential opportunities, and anticipate that it will take considerable time to gain a full understanding of tribal interests. “

The decision was welcomed news to the Superior Hiking Trail Association, which would have had to reroute a section of its trail around the expansion. With a decision made, crews can take care of some overdue boardwalk and bridge maintenance through that area, said Superior Hiking Trail Association Executive Director Lisa Luokkala.

“We’re excited that we won’t need a reroute,” Luokkala said. “We’ve been holding off now for multiple years on some much-needed repairs on the existing alignment, kind of waiting to find out whether we were going to have to relocate or not. So now we can move forward with those. … I think that brings us peace of mind.”

The proposed expansion first reported in the News Tribune in 2014 called for the resort’s capacity to increase from 2,850 guests per day to 6,300 per day, with a new, on-mountain chalet on Moose Mountain; two new access areas at the base of the hills; 175 acres of traditional, open ski-snowboard terrain; and 149 acres of gladed terrain with more trees left in place.

The company’s proposal included seven new chairlifts and one surface lift, additional access roads to the new facilities and some rerouting of the Superior Hiking Trail/North Country National Scenic Trail. The two new base areas would have added another 1,200 parking spaces serving two new 10,000-square-foot buildings providing a variety of guest services, including food services and seating, ski school space, rental/repair options and more.

Company officials have said the expansion would be developed over a decade or more and could cost nearly $60 million.

In addition to Lutsen Mountains, Midwest Family Ski Resorts also owns Granite Peak Ski Resort in Wisconsin and Snow River Mountain Resort in the Upper Peninsula of Michigan.

In 2021, Superior National Forest officials received more than 560 comments after the Forest Service released an environmental review of the expansion that would require a special-use permit to more than double Lutsen’s skier capacity, much of it on Moose Mountain.

Support for the project was strong from most everyone involved in lodging, restaurants or other businesses in Cook County, and among avid downhill skiers who want more new and exciting terrain and expanded services at what is already Minnesota’s largest downhill resort. But opposition, which started a couple of years ago with a small group of skiers, mushroomed to include statewide environmental groups, dark-sky advocates, hikers and tribal officials who joined the opposition.

The existing Lutsen Mountains complex of four hills, multiple lifts and 95 runs along with ski shops, chalets, taverns, restaurants, condos and hotels now sprawls across 1,000 acres. The expansion would increase the ski area from 180 to 320 acres, the company notes, and include an expanded base area, additional skier services and more parking on both Eagle Mountain and Moose Mountain.

The Forest Service’s decision will not affect the ski resort’s existing operations or projects on private property.

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