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| December 2008
Alliance Action |
1) Grizzly
film highlights Alliance annual meeting Dec.
4
2) Protect wildlife -- please don’t
poach the powder!
3) Northern Rockies wolf management
saga continues
4) Wyoming Range and Snake Headwaters
legislation may get reprieve
5) Bridger-Teton briefs
6) Eleventh-hour federal policy
changes threaten the Greater Yellowstone
7) A new year and a new Comprehensive
Plan draft
8) Town stalls discussions on planned
mixed-use development tool
9) Other community planning news
10) Conservation Alliance
memberships make great gifts!
11) Valley Echoes
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1) Grizzly
film highlights Alliance annual meeting Dec.
4
Please join us at 6 p.m. on Thurs., Dec. 4,
for our annual business meeting and an evening
of warm fellowship at the American Legion Hall,
182 N. Cache St., capped by the showing at 7:30
p.m. of "Grizzly and Man: Uneasy Truce." Narrated
by Robert Redford and produced by Alliance executive
director Franz Camenzind, this acclaimed wildlife
documentary explores how people and grizzlies
can coexist to ensure the bears’ survival.
For the evening’s agenda, please visit
www.jhalliance.org/Library/Alerts/JHCAannualmeetinvite.10-08.pdf.
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2) Protect
wildlife -- please don’t poach the powder!
Jackson Hole is blessed with incredible opportunities
for outdoor recreationists, especially in wintertime.
But snowshoers, skiers, boarders and snowmobilers
need to make sure their enjoyment doesn’t
come at the expense of wildlife. Winter’s
deep snow, scarce food and cold temperatures
are tough enough on our elk, deer, moose and
bighorn sheep. Wasting energy to avoid people
and dogs can kill them. Please help wildlife
survive the winter by staying out of closed areas.
Visit www.jhalliance.org/dontpoach.pdf for
the maps. Remember, “poaching” closed
areas on foot or with dogs, skis, snowboards
or snowmachines can be as harmful to wildlife
as poaching with a rifle.
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3) Northern
Rockies wolf management saga continues
Despite hopes that Wyoming might get rid of
its “predator” status for wolves
during the 2009 legislative session, early indications
aren’t good. On Nov. 20, an interim committee
decided to sponsor a new wolf management bill
that would keep the current system of classifying
wolves as trophy game in the northwest corner
of Wyoming and as predators in the rest of the
state. A bill sponsored by State Rep. Keith Gingery
that would have abolished Wyoming’s wolf
predator zone received zero support from committee
members. A draft of the chosen bill, which would
allow state Game and Fish officials to determine
boundaries between trophy game and predator areas,
is available at http://legisweb.state.wy.us/2008/interim/trav/BILLS/09lso-0221w1.pdf.
Legislators are going back to the wolf management
drawing board in an attempt to show the U.S.
Fish and Wildlife Service that Wyoming should
be included if and when the agency decides to
remove wolves in the region from Endangered Species
Act protection for the second time. (In brief,
Fish and Wildlife delisted wolves in Wyoming,
Idaho and Montana this past March, but a federal
judge reinstated protections in July, pending
a lawsuit seeking to have the delisting overturned.
It appears that Fish and Wildlife recognized
that it would likely lose the lawsuit, and on
Oct. 14, a federal judge granted the agency’s
motion to withdraw its delisting rule. Two weeks
later, Fish and Wildlife asked the public to
comment by Nov. 28 once more on its unchanged
2007 proposal to delist the wolves. On Nov.
3, 13 groups including the Alliance formally
asked the government to extend the comment period
to January, but, in a letter dated Nov. 25, this
request was denied. The upshot? Fish and Wildlife
may be considering delisting wolves only in Idaho
and Montana before the Bush administration leaves
office, since those states have management plans
that allow wolves to be killed only as trophy
game by licensed hunters, and to control wolves
that are killing livestock. But delisting shouldn’t
be considered until each state’s management
plan ensures that the wolves' long-term population
will not slip below current levels. And genetic
mixing should be based on natural connectivity,
not on human-assisted methods, such as artificial
insemination, or trucking wolves from state to
state.)
Meanwhile, in a classic case of putting the
cart before the horse, the Wyoming Game and Fish
Commission adopted a “Revised Wyoming Wolf
Management Plan” on Nov. 18. This plan
may well become moot depending on what Fish and
Wildlife officials decide to do about delisting
Northern Rockies wolves, and on what wolf management
changes the Wyoming legislature comes up with
this winter. But that’s not stopping the
commissioners, who have scheduled these public
meetings to discuss regulations that would need
to be changed to implement their plan:
Dec. 15 at 7 p.m. in Lander at the Lander Inn;
Dec. 16 at 7 p.m. in Jackson at the regional
Game and Fish office, 420 N. Cache;
and Dec. 17 at 7 p.m. in Cody at Big Horn Federal.
For more information, please visit www.jhalliance.org/issueswolves.htm,
or contact Franz Camenzind at Franz@jhalliance.org
or (307) 733-9417.
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4) Wyoming
Range and Snake Headwaters legislation may
get reprieve
It looks like the Omnibus Public Land Management
Act, which includes federal legislation to protect
portions of the Snake River system and the Wyoming
Range of the Bridger-Teton, may not die after
all, even if it’s not passed this year.
On Nov. 17, U.S. Senate Majority Leader Harry
Reid, D-Nev., said there wasn’t enough
time to consider the act before Congress adjourns
its current lame-duck session. But, instead of
sending it back to square one, Reid vowed that
he would bring the same package directly to the
Senate floor in January, thus averting the long
committee process that is the typical fate of
unpassed legislation. The omnibus combines 53
bills the Energy and Natural Resources committee
approved this past fall with a 96-bill package
approved earlier. The Craig Thomas Snake Headwaters
Legacy Act and the Wyoming Range Legacy Act were
included in the earlier package. Background information
about this legislation is available at www.jhalliance.org/Library/Alerts/JHCAmagFall08pg19-20.pdf.
Please consider contacting Wyoming’s congressional
delegation now to encourage their support:
U.S. Sen. Mike Enzi
379 Russell Senate Office Building, Washington,
D.C., 20510
(202) 224-3424
Email via: http://enzi.senate.gov/public
U.S. Sen. John Barrasso
307 Dirksen Senate Office Building, Washington,
D.C., 20510
(202) 224-6441
Email via: http://barrasso.senate.gov/public
U.S. Rep. Barbara Cubin
1114 Longworth, HOB, Washington, D.C., 20515
(202) 225-2311
Email via: http://www.house.gov/cubin/zip_auth.shtml
U.S. Rep.-elect Cynthia Lummis
1004 Longworth Bldg., Washington, D.C., 20515
(202) 225-8461
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5) Bridger-Teton
briefs
Here’s a roundup of other issues regarding
the national forest that surrounds Jackson Hole.
For background information, visit www.jhalliance.org/Library/Alerts/PublicLandsUpdates.Fall08.pdf.
B-T MANAGEMENT PLAN REVISION UPDATE: Bridger-Teton
officials recently said they don’t anticipate
resuming the on-again, off-again forest plan
revision process anytime soon. Right now, the
only project planned for this winter is an analysis
of the B-T’s existing standards and guidelines,
to be based on information gathered during past
public meetings and staff studies. Officials
say this information will also help them compile
a comprehensive evaluation report later on. That
document should describe existing conditions
on the forest and identify some needed changes.
Both of these endeavors are supposed to eventually
be worked into the long-awaited new forest plan.
We’ll keep you posted.
HOBACK WELLS DEIS DELAYED: The draft environmental
impact statement on Plains Exploration and Production
Company’s plan to drill up to 136 natural
gas wells near Bondurant at the north end of
the Wyoming Range was expected out in November.
However, on Nov. 26, District Ranger Greg Clark
told us that it now looks like the draft won’t
be out till March. Clark said a 45-day comment
period will follow the release of the DEIS, which
he expects will be implemented in July 2009.
We’ll pass along details about how you
can comment as soon as they’re available.
Plains had originally proposed drilling three
exploratory wells in 2005. The EIS for that project
generated about 19,000 public comments; almost
all opposed it. Last year, the company withdrew
that proposal and presented plans for full field
development instead.
AIR QUALITY CONCERNS: The Environmental Protection
Agency has announced plans for a rule change
that will diminish clean air protections and
grease the skids for an environmental analysis
on 44,700 acres currently being considered for
energy development in the Wyoming Range of the
Bridger-Teton. The Bush administration is attempting
to rush this rule change through channels within
the next couple of weeks. The changed rule would
eliminate the use of air monitoring data taken
over short periods of time, e.g. over 4, 8 or
24 hours, and would instead use an annual average,
which tends to even out the spikes caused by
illegal discharges. If the rule change squeaks
through, the new administration would need to
start the process over to bring the Clean Air
Act back to its original intent. (See #6 below
for other questionable last-minute changes being
sought by the Bush administration.)
FOREST STILL ACCEPTING COMMENTS ON LAND SALE
OPTIONS: B-T officials have decided to continue
accepting scoping comments until further notice
on their plans to sell part of the 15-acre forest
service parcel on North Cache. (For details,
see Item #6 in last month’s Alliance Action
at www.jhalliance.org/Library/AllianceAction/Nov08AA.htm.)
The Alliance's comments are available at www.jhalliance.org/Library/Comments/BTlandsalecomments.11-08.pdf. Please
mail your comments as soon as you can to: Bridger-Teton
National Forest, P.O. Box 1888, Jackson, WY 83001,
or via email to comments-intermtn-bridger-teton@fs.fed.us.
(Include “conveyance” in the subject
line.)
NORTH ZONE MOTORIZED TRAVEL PLAN: Originally
expected this fall, the final EIS for a plan
to regulate off-road vehicle travel in the northern
part of the B-T during summer months likely won’t
be out till January. The product of years of
work and thousands of public comments, this plan
should result in better protection for wildlife
and habitat, while still providing recreationists
and sportsmen with access that is safe and sustainable.
We’ll post details when they’re available.
GOLD MINING IN THE GROS VENTRE OFFICIALLY POSTPONED:
Gregory Griffith’s appeal of the B-T’s
decision to allow exploratory mining in the Upper
Gros Ventre has been upheld. This past summer,
District Ranger Dale Deiter decided to allow Maverick
Exploration to begin digging test trenches near
Cottonwood Creek, but before they started, Griffith
filed an administrative appeal on Sept. 21. It
cited concerns about the project’s impacts
on habitat and wildlife, and claimed there was
inadequate analysis of the proposal. The regional
Forest Service office agreed with Griffith, and
B-T Supervisor Kniffy Hamilton reversed the earlier
decision to proceed. B-T officials plan to compile
documentation supporting their original approval
of the mining operation and present that to the
public next year. Meanwhile, at least there’ll
be no mining in 2008.
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6) Eleventh-hour
federal policy changes threaten the Greater
Yellowstone
The Bush administration is working overtime
in its last weeks to enact a gamut of changes
that could significantly reduce environmental
protections. These “midnight regulations” range
from efforts to remove Northern Rockies wolves
from federal protection (see #3 above), to proposals
to weaken the Endangered Species Act, to plans
to open public lands to geothermal exploration
and oil shale production. Please read reporter
Cory Hatch’s comprehensive story headlined “Greens
fear last push by Bush” in the Nov. 26
Jackson Hole News&Guide for details. It’s
available online at www.jhnewsandguide.com/article.php?art_id=3949.
As mentioned in Hatch’s article, one of
changes that hits home is the recent National
Park Service decision to allow 720 snowmobiles
a day this winter in Yellowstone National Park,
and 40 a day on Jackson Lake in Teton Park. Just
this past summer, a federal judge ruled that
540 machines a day would threaten park resources.
On Nov. 3, park officials asked the public to
comment on an environmental assessment that recommended
allowing 318 snowmobiles and 78 snowcoaches a
day in Yellowstone for 2008-09 and the next two
winters. But they abandoned that plan after Wyoming
District Court Judge Clarence Brimmer reinstated
a 2004 temporary rule on Nov. 7 that allowed
more machines. The Conservation Alliance will
continue working for a permanent winter use plan
that will ensure that the resources of both parks
are protected.
In other public lands news, the Teton County Library
is hosting a photo exhibit titled “The New
Gold Rush: Images of Coalbed Methane” through
Dec. 30. On Dec. 3 at 6 p.m. in the library auditorium,
the Powder River Basin Resource Council will present
a forum on what it’s like to live with energy
development in your backyard. Lessons that Powder
River landowners have learned may prove helpful
for dealing with gas and oil development closer
to home.
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7) A
new year and a new Comprehensive Plan draft
It looks like the expected release date of Dec.
8 for the second draft of the Comp Plan was a
bit optimistic. Planners now say the new draft
will be out around the end of December, giving
them time to incorporate recent ideas and recommendations
from elected and appointed officials, stakeholder
groups and the public.
In November, future land use maps for the Town
of Jackson were released for review by the Town
Council and Town Planning Commission. These maps
are likely to undergo another round of modifications
prior to the public release of the full draft
of the Comp Plan mentioned above. It is still
unclear how the use of density-option tools (such
as the planned mixed-use development and planned
unit development tools) are incorporated into
the Town maps and build-out projection ranges.
It’s also still unclear what proportions
of uses will be targeted for certain “mixed-use” districts,
or what ranges of development are proposed in
specific areas.
Planning staff is expected to give a brief update
on the Comp Plan at the regularly scheduled joint
information meeting of the Town Council and the
Teton Board of County Commissioners at 3 p.m.
on Dec. 1 in the Commissioners’ chambers,
200 S. Willow. Both groups say they intend to
meet again separately in December to discuss
the Comp Plan, but these meetings haven’t
been scheduled yet. We’ll post the dates
and times at www.jhalliance.org/issuescompplan.htm as
soon as they’re available. (UPDATE:
In early December, two other
public meetings were scheduled:
On Dec.
9, the Jackson Town Council and Jackson Planning
Commission will discuss the latest Comp
Plan developments from 4 to 6 p.m. at the Council
chambers, 150 E. Pearl Ave.
On Dec. 16, 3 p.m. at the Commissioners' chambers,
200 S. Willow, the Teton Board of County Commissioners
and the County Planning Commission will look
at revised land use maps for the county for the
first time. SECOND UPDATE: On Dec. 10, this Dec.
16 meeting was cancelled. It has not been rescheduled.)
Looking ahead to 2009, in January, the Conservation
Alliance will resume its regularly scheduled open
houses for people wishing to participate in the
Comp Plan update process. Details will be available
in next month’s Alliance Action. Meanwhile,
if you have questions, please contact Alliance
community planning director Kristy Bruner at (307)
733-9417 or Kristy@jhalliance.org.
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8) Town
stalls discussions on planned mixed-use development
tool
After the Town Council met on Oct. 6 to discuss
possible revisions to the controversial PMD tool,
several follow-up workshops have been rescheduled
and canceled. Yet another workshop is tentatively
set for Dec. 22, 3 to 5 p.m. at the Council chambers,
150 E. Pearl. Unfortunately, while the council
continues to delay discussions about modifying
the tool, PMD applications continue to pile up.
The PMD has significant flaws, resulting in flawed
developments. While we appreciate that Mayor
Mark Barron and some councilors have agreed the
PMD tool needs to be improved, we’re concerned
about the lack of progress.
(In June, the Conservation Alliance formally
asked the Town Council for a one-year moratorium
on consideration of PMDs because we’ve
become increasingly concerned about their strong
influence on the nature of redevelopment in Jackson.
It’s clear that the PMD tool facilitates
large-scale developments that don’t mesh
with our current Comprehensive Plan or with the
community’s wishes recently voiced during
the Comp Plan update process. While our call
for a moratorium was unsuccessful, town officials
did acknowledge that they should discuss ways
that the PMD tool can be modified to make sure
it’s working effectively and that it provides
more community benefit.)
The Conservation Alliance will continue to monitor
the following and future PMD applications as
they come forward:
MILLER LODGE PMD -- The Miller Lodge PMD has
been continued indefinitely. On Nov. 17, the
Jackson Town Council recommended that the applicant
take some time to rework his proposal. They expressed
concerns about the bulk and scale of the building,
compatibility with the adjacent residential area,
inadequate community benefit (in terms of workforce
housing), and the four-story building design.
NORTH CACHE PMD -- Jackson Town Council, Dec. 15,
6 p.m., Council chambers, 150 E. Pearl. On Nov.
19, the Jackson Planning Commission voted 4-1 to
recommend approval for a 45,492-square-foot PMD
project in the 300 block of North Cache. This was
a surprising, last second “I changed my mind” vote.
Interestingly, three commissioners, who had just
seconds earlier explained why they didn’t
like the project, or went so far as to say they
couldn’t support it, voted to recommend approval
anyway. Town planning staff is recommending denial
of the project, which goes before the Town Council
on Dec. 15. The Alliance continues to voice concern
about the nature of redevelopment permitted by
the PMD. In this case, we question the type and
scale of this project, particularly given its prominence
along a main corridor, its proximity to a key community
gateway, and its inadequate provision of workforce
housing units. Again, the PMD regulations need
to be modified to respond to these concerns.
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9) Other
community planning news
In addition to the above items, the Conservation
Alliance continues to monitor many other town
and county private-lands matters. Here’s
a brief roundup; however, please note that all
meetings are subject to change. Please call Teton
County at (307) 733-8094 or the Town of Jackson
at (307) 734-3993 for confirmation, or contact
Alliance community planning director Kristy Bruner
at Kristy@jhalliance.org or (307) 733-9417.
TOWN CONDO CONVERSIONS AND AFFORDABLE HOUSING
-- Jackson Town Council, Dec. 1, 6 p.m., Council
chambers, 150 E. Pearl. On Oct. 3, the Town Council
voted to extend a moratorium on converting apartments
to condominiums for another 120 days. Then on
Nov.19, the Jackson Planning Commission voted
to recommend approval of a text amendment on
condominium and townhome conversions. We commend
the town for taking steps to amend their policies
and to research the links between workforce housing
shortages and the loss of rental inventory. However,
at this point, it’s not clear to what extent
the new text amendment can work to prohibit conversions
of large apartment complexes that were originally
approved based on their function as rentals.
Under the new rules, these complexes would just
be required to go through a change of use application.
On a positive note, property owners who convert
properties would have to mitigate (at a 15 percent
rate) the impact of the conversion on housing
affordability. This is a small, but critical
step for the town to take to address workforce
housing issues.
HOUSING AT “Y” INTERSECTION -- Jackson
Town Council, Dec. 1, 6 p.m., Council chambers,
150 E. Pearl. On Nov.5, town planning commissioners
voted to recommend denial of a 92-unit residential
development close to the northeast corner of
the Broadway-Hwy. 22 intersection. Of concern
to the Conservation Alliance are the bulk and
scale of the proposed development; issues of
traffic capacity at a key intersection; inadequate
community benefit given the size of the development;
and character precedent for a prominent community
gateway. Our full comments are available at www.jhalliance.org/Library/Comments/Y-PUDcomments.11-08.pdf.
TEXT AMENDMENT REGARDING ENVIRONMENTAL ASSESSMENTS
-- Teton Board of County Commissioners, Dec.
2, 9 a.m., Commissioners' chambers, 200 S. Willow.
(UPDATE: This matter has been continued to
Dec. 16, same time and place.) County commissioners
were expected to vote last month on an amendment
to the land development regulations that would
require the county to hire the consultants who
conduct environmental assessments on properties.
(Developers would still pay for the required
studies.) The commissioners began discussing
the amendment on Aug. 26, and held a session
to work out some of its technical aspects on
Sept. 22. Another hearing is now set for Dec.
2. To avert potential conflicts of interest,
the Conservation Alliance strongly supports a
change in policy that would require such consultants
to be hired by Teton County rather than the developer
for all types of development proposals. See www.jhalliance.org/Library/Comments/EAcomments.11-08.pdf for
our additional comments.
PLANNED UNIT DEVELOPMENT TEXT AMENDMENT -- Jackson
Town Council, Dec. 15, 6 p.m., Council chambers,
150 E. Pearl. (UPDATE: This item has been postponed
to Jan. 5 at the Housing Trust's request.) The
Jackson Hole Community Housing Trust is proposing
a text amendment for the town’s
PUD tool related to the affordable housing option.
It would allow an increase in allowable development
potential for PUD projects, including newly introduced “transitional
zone affordable housing standards.” Even
though the amendment would provide incentives
to produce affordable housing, it doesn’t
use a clear, predictable definition of what constitutes
affordable housing. On Nov. 19, despite a number
of concerns regarding the specific language of
the text amendment, the Jackson Planning Commission
voted 4-2 to recommend approval. The Conservation
Alliance's comments on this amendment are available
at www.jhalliance.org/Library/Comments/AffordablePUDcomments.11-08.pdf.
RENDEZVOUS POINT/DAYS INN REDEVELOPMENT -- Jackson
Town Council, Dec. 15, 6 p.m., Council chambers,
150 E. Pearl. The applicant is proposing a change
of use for the existing Days Inn property from
commercial lodging to institutional residential
use. The project would be available for qualified
businesses to provide deed-restricted rental
employee housing units (primarily studios). The
number of units (91) is proposed to remain the
same. On Nov. 19, all present Jackson Planning
Commission members recommended approval.
MORATORIUM EXTENSION
-- Teton Board of County Commissioners, Dec.
16, 9 a.m., Commissioners' chambers, 200 S. Willow.
The county commissioners are considering extending
a freeze on large development proposals for another
six months. Adopted in May to keep such proposals
from undermining the Comp Plan update process,
the moratorium is currently set to expire on
Dec. 31. See www.jhalliance.org/Library/Alerts/LocalDevUpdate.Fall08.pdf for
some background information.
TOWN TO CONSIDER CHANGING MITIGATION RATES -- Jackson
Planning Commission, Dec. 17, 5:30 p.m., Council
chambers, 150 E. Pearl. After months on the shelf,
a text amendment that would increase mitigation
rates from 15 to 25 percent for employee and affordable
housing in town is scheduled for consideration
on Dec. 17. The Conservation Alliance hopes the
town will take this step toward getting developers
closer to covering the actual costs of mitigating
impacts. Developers need to supply at least enough
affordable housing to offset the demand for affordable
housing that new developments generate. The 2007
Housing Needs Assessment, available from the Teton
County Housing Authority, recommends increasing
the mitigation rate to a minimum of 40 percent
just to keep up with housing needs associated with
new growth. For more on this issue, please see
www.jhalliance.org/Library/Alerts/AffordableHousing.2-08.pdf.
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10) Conservation
Alliance memberships make great gifts!
The holidays are coming right
up and now’s a great time to consider giving
your friends and family members Alliance gift
memberships. They’re a thoughtful way to
share your love of Jackson Hole, and perhaps
inspire new conservation advocates. Please visit www.jhalliance.org/join.htm for
information on member benefits, and click on “Give
a Gift Membership” for our secure online
donation system. Or simply call us at (307) 733-9417
or stop by our office at 685 S. Cache St. for
more information.
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11) Valley
Echoes
“Yes, we can.”
- U.S. President-elect Barack Obama
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Alliance Action is a publication of the Jackson
Hole Conservation Alliance. The Jackson Hole
Conservation Alliance is dedicated to responsible
land stewardship in Jackson Hole, Wyoming, to
ensure that human activities are in harmony with
the area’s irreplaceable wildlife, scenic,
and other natural resources. The Alliance is
a nonprofit, 501(c)(3) organization.
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