8 replies to this topic

[KZ]

Well i was searching for some history on squaw and came across this. It is basically a history of some of the actions of Squaw Valley and the development of the Silverado area. To summarize, corners were cut and some fishy business was done. This is pretty long, but it has some good info on the developing of Squaw. Enjoy.


Squaw Valley, one of several ski areas in the vicinity of Lake Tahoe, is located near the Tahoe National Forest and the Granite Chief Wilderness Area. The resort hosted the 1960 Winter Olympic games and has grown significantly since that time. We briefly recount the pertinent history related to this development.
“In 1972, County adopted the ‘Squaw Valley General Plan,’ which focused in part on the Shirley Canyon area and a number of proposed ski lifts. Noting the area had ‘sensitive geologic, soil, slope and vegetative characteristics,’ the plan recommended that ‘Shirley Lake Canyon skiing be devoted to cross-country type skiing thus alleviating the need for extensive tree cutting and trail grooming. The Shirley Lake Canyon area is extremely sensitive to development and should remain in its natural state as the gateway to the Granite Chief area.’ The plan eliminated proposed ‘Shirley Lake #2’ ski lift finding such a lift ‘might cause irreparable environmental damage because of ski run clearing and trail grooming needed to establish this lift as a recreation ski lift. . . .’
“In 1975, County released the ‘Squaw Valley Master Ski Lift’ final EIR, which related to Squaw Valley’s plans to build four new ski lifts. . . . Ultimately, a conditional use permit (CUP-067) was issued for the construction of the Silverado/Squaw Creek lift, located in the Shirley Canyon area. Squaw Valley had represented that approximately 90 trees would need to be removed to build the lift and clear the ski trails. Apparently, this was intended as a ‘through-the-trees’ expert ski run. The permit specified the lift ‘and accompanying trails or runs shall be planned and designed in such a way that there will be no need to construct trails, runs, tree removal, maintenance roads, access roads, etc. in the lower Shirley Canyon area now or in the future.’
“Some time later, Squaw Valley applied for a conditional use permit and general plan amendment to build another lift, the Solitude lift. The permit issued (CUP-095) but due to ‘flagrant[] and willful[]’ violations of conditions imposed to protect the environment, the permit was revoked in September 1976. The parties ultimately settled their differences and Squaw Valley prepared another EIR for the Solitude lift project in 1978.
“Litigation continued on another front, however, when CUP-067 expired before the Silverado/Squaw Creek lift was built. County agreed to extend this permit after the proposed location of the lift terminal was moved so that it would not intrude into the stream environment zone . . . of Squaw Creek.
“In 1982, Squaw Valley sought to amend this permit to allow several lifts, including the Silverado/Squaw Creek lift, to expand their capacity by installing triple chair lifts instead of the double lifts previously approved. An EIR was prepared and the change was ultimately approved.
“In 1983, the Squaw Valley General Plan was updated. The plan, and the EIR prepared in conjunction with that plan, described some of the area’s environmental problems, including traffic congestion, the degradation of water quality in Squaw Creek and the Truckee River, and air pollution on heavier traffic days. To protect Shirley Canyon and preserve its ‘existing natural, semi-primitive state,’ the plan zoned the area as ‘conservation preserve.’[ ] The plan encouraged transferring the permit rights for the Silverado/Squaw Creek lift to another lift area. The plan further noted: ‘[I]t is recognized that a current Conditional Use permit (CUP-067) exists which authorizes the construction of a new ski lift in Shirley Canyon, known as the Squaw Creek lift. This lift is shown in the Squaw Valley General Plan although it is not consistent with the current goals of the Plan as they relate to Shirley Canyon. Certain conditions placed on the Conditional Use Permit of this lift will serve to mitigate some of the adverse impacts resulting from its construction and operation. Placer County has an obligation to permit the construction of the Squaw Creek lift if the permit is exercised within the time period allowed and if the conditions of approval are met. Should the permit not be exercised and its approval lapse, the lift should not be approved again.’
“Squaw Valley filed an action for inverse condemnation, asserting this rezoning unconstitutionally deprived it of the use of its property without just compensation.[] Nonetheless, in 1984, construction on the lift began. In mid-1986, in an apparent attempt to settle the ‘takings’ litigation, Squaw Valley applied for a general plan amendment and zoning change, seeking to have additional land surrounding the Squaw Creek lift zoned ‘forest recreation’ rather than ‘conservation preserve.’ Squaw Valley also sought a conditional use permit to cut down 1,858 trees to enlarge the trails served by the Silverado/Squaw Creek lift. County ordered the preparation of a full EIR for this project.”
On July 25, 1988, the Placer County Board of Supervisors approved the EIR, the general plan amendment, the zoning change, and the conditional use permit (CUP-974), and in October 1988, the zoning change ordinance was approved. Squaw Valley was thus authorized to cut the trees necessary to develop the ski runs to be served by the Silverado lift.
Glen Smith, a professional forester who worked for Squaw Valley, spoke with an official from the California Department of Forestry (CDF), who suggested that Squaw Valley might want to sell the felled trees, instead of simply leaving them for employees to use as firewood. Squaw Valley decided selling the timber should remain an option and therefore amended the timber management plan it had previously submitted to delete language stating the timber would be used “for ski area construction or for fuelwood.”
In October 1988, Squaw Valley applied for a timberland conversion permit from CDF. This permit is required of “[a]ny person who owns timberlands which are to be devoted to uses other than the growing of timber . . . .” (Pub. Res. Code, § 4621.) In an affidavit filed with this application, James Mott, the president and general manager of Squaw Valley, declared under penalty of perjury that conversion of the land “will commence about April 15, 1989.”
In October 1988, the Sierra Club filed suit to set aside the EIR and the project approvals. The trial court issued an alternative writ of mandate, directing Squaw Valley to show cause why the project approvals should not be set aside. The hearing was initially scheduled for January 31, 1989. Because Squaw Valley had indicated that it did not plan to cut any trees until April 1989, the court did not issue a temporary restraining order. The hearing date on the alternative writ and request for preliminary injunction was extended to March 10 by stipulation of counsel, and subsequently extended again to April 1989.
In the meantime, in December 1988, CDF acted on Squaw Valley’s application and issued a timberland conversion permit.
Smith prepared a timber harvesting plan, a plan required for all timber operations. (Pub. Res. Code, § 4581.) This type of plan serves the same function as an EIR, and requires a period of public comment. (Cal. Code Regs, tit. 14, § 896, subd. (a).) The plan reiterated that timber operations would begin in April 1989. Mott signed this plan for Squaw Valley on January 24, 1989, certifying that it conformed to Squaw Valley’s plans and that harvesting would be conducted in accordance with it. The plan was submitted to CDF the next day.
Despite the representations made in the timber harvesting plan and the application for the timberland conversion permit, Squaw Valley in fact had other plans for the trees. Concerned about the litigation threatening the development of the ski trails, particularly a possible injunction, Mott decided in mid-January to cut the trees ahead of schedule. Mott put an unlicensed timber operator on “standby” to fell the trees, and made similar arrangements with a helicopter company to remove the cut trees.
Mott met with Alexander Cushing, the owner of Squaw Valley, at Cushing’s home. Another Squaw Valley employee, the director of security, was making a delivery at the house and overheard Cushing say to Mott: “We have a very short time frame here. We have the legal documents to proceed on this. Let’s get these things cut. What are they going to do, make us replant them?”
Mott and Cushing decided to cut the trees over the upcoming weekend, January 28-30, 1989. A few days before the cut, Mott informed Smith of this plan, and Smith urged that the cut be delayed until the timber harvesting plan was approved, an action that could have occurred within a short period of time. Smith pointed out possible legal ramifications if the cut proceeded. Despite “numerous and very pointed” discussions with Smith on this subject, Mott determined that the cut should proceed as planned, although he wanted to continue to seek approval of the timber harvesting plan to allow sale of the felled timber.
On January 28-30 1989, Squaw Valley cut more than 1,800 trees, some of which were 300 to 600 years old. Approximately 1,320 of the felled trees were over 6 inches in diameter at breast height (DBH); 555 trees were smaller. The area was essentially clear cut. Contrary to the terms of CUP-974, no registered forester was present during the initial phase of cutting.
When Smith arrived on the scene about noon on January 28, he discovered that Squaw Valley was using sites other than those approved in CUP-974 to deposit the cut logs. When he pointed this out, Mott ignored him and continued to use the unapproved locations. One of these spots did not have access for log removal, necessitating the construction of a spur road to provide access.
Smith was concerned that the cut had proceeded without an approved timber harvesting plan, and prepared a letter on January 30 for Mott’s signature to request withdrawal of the plan. On February 3, Smith learned Mott had not mailed this letter, nor had he mailed another letter requesting cancellation of the plan. Mott had not signed these letters because he was still hoping to sell the timber that had been cut, an intention he reiterated to Smith in a telephone conversation on February 3. Smith learned Squaw Valley had an offer of $30,000 from the helicopter company for the lumber.
On February 7, 1989, Smith wrote to CDF to withdraw his signature from the timber harvesting plan application. Not until February 8, after receiving a call from CDF, did Mott withdraw the plan, request cancellation of it, and abandon his hope of selling the timber.
Immediately after the January cut, the Sierra Club obtained a temporary restraining order (TRO) prohibiting any further cutting of trees. In March 1989, while this TRO was in effect, Mott ordered a crew to cut 18 trees in the Tram Basin Bowl. The trees that were cut were outside the boundary described in CUP-974. Some were more than six inches DBH; the others were smaller. There was no registered professional forester present during this cut.
A complaint was filed by plaintiffs Hewlett and Sierra Club charging Squaw Valley with unfair competition. (Bus. & Prof. Code, § 17200.) As amended after the Placer County District Attorney joined as a party plaintiff, the complaint, now brought in the name of the People as well as of Hewlett and the Sierra Club, alleged unfair competition in that Squaw Valley had violated the Forest Practice Act by attempting to withdraw its timberland conversion permit and timber harvesting plan after cutting timber in the Shirley Canyon area, cutting before the date specified in the plan, cutting without an approved plan, and failing to notify CDF before commencing timber operations.
The amended complaint also alleged that the failure to comply with numerous conditions in CUP-974 violated Public Resources Code section 4622 and constituted unlawful business practices. Specifically, the complaint alleged Squaw Valley violated: condition 5, by removing trees cut in January 1989 to unapproved landing areas; condition 6, by failing to have a registered professional forester in attendance during the initial stages of the January cut or at any time during the March cut; condition 10, by failing to submit written evidence of permit approval from the CDF; condition 12, by failing to properly field stake the boundaries of the January and March cuts and by cutting outside the approved boundaries; condition 15, by failing to submit a management program detailing the construction, revegetation and schedules for new ski trails; condition 18A, by failing to submit sufficient security to guarantee reforestation; and condition 24, by failing to properly field stake the boundaries of the new ski runs or flag trees to be cut prior to the issuance of permits.
The complaint also alleged Squaw Valley had committed an unlawful business practice by cutting trees in violation of the TRO.
The complaint sought monetary penalties as well as injunctive relief.
In October 1993, during the course of the trial, the court and the parties visited the scene and discovered that additional trees had been cut in the area within the preceding year. Some were over six inches DBH and others were smaller. Trees had been cut nearly flush with the ground, and several logs had rolled into the watercourse.
While all of this activity was happening, the related litigation concerning the validity of the EIR continued. The trial court determined that the EIR was inadequate. This court affirmed that decision in April 1994, finding the EIR improperly incorporated other documents by reference, failed to address cumulative impacts of various Squaw Valley projects, and did not properly analyze certain project alternatives. (Sierra Club v. County of Placer, supra, C012901.)
At trial, Squaw Valley insisted that no timber harvesting plan was needed because it did not sell the cut lumber and therefore did not engage in “timber operations.” It asserted that violations of a conditional use permit did not constitute unlawful practices, and disputed that it had violated any conditions of CUP-974. Although it admitted knowledge of the TRO, Squaw Valley argued this order had expired and was not in effect at the time of the March 1989 cut.
In October 1994, the trial court issued its statement of decision. The court concluded Squaw Valley had violated the Forest Practice Act by conducting timber operations in 1989 and 1992 without an approved timber harvesting plan. The court also found Squaw Valley had violated CUP-974 conditions 5 (use of unapproved landing areas), 6 (no registered professional forester in attendance), 10 (failure to submit permit to planning department), 12 (cutting outside the boundaries in March 1989), and 18A (insufficient security). The court further concluded that Squaw Valley had violated the TRO when it cut trees in March 1989.
The court ruled these cumulative acts, committed in January 1989, March 1989 and in 1992, constituted an ongoing business practice within the meaning of Business and Professions Code section 17200.
In determining the proper remedies for Squaw Valley’s unfair competition, the court noted that had Squaw Valley simply waited to cut these trees, it might have done so lawfully. “Most, if not all of the conditions in the use permit had been satisfied, and those that were not could have been easily satisfied. Were it not for the pending litigation and the possibility that a preliminary injunction might have issued, all that [Squaw Valley] would have needed to do was to wait until April, secure their [timber harvesting plan], and harvest the trees. [] [Squaw Valley] chose, however, to take two gigantic gambles: (1) that [it was] correct in that the trees could be legally harvested; and (2) that the pending lawsuit in the [related litigation concerning the EIR] would be resolved in [its] favor. [Squaw Valley] was wrong in both regards.”
The court noted that the pending EIR litigation put Squaw Valley on notice that the project approvals might be set aside. Because the EIR had, in fact, been found inadequate, Squaw Valley “can no longer argue that they would have, in any event, been entitled to cut the trees at some future time. The risk of an incorrect decision to cut the trees lies with [Squaw Valley]. Consequently, they must bear the burden of gambling with environmental resources, and losing. It is a fact that the trees are cut, and no order from this court will change that unfortunate loss.”
Noting that Alexander Cushing had testified that he would like to develop additional ski trails in this area, the court commented that it was important that Squaw Valley “not jeopardize environmental resources still within [its] control. It is apparent that the protection of the planning laws and the authority of the planning authorities have been insufficient to prevent [Squaw Valley] from taking the actions it has in this case.”
The court imposed monetary penalties totaling $223,000 and ordered mandatory and prohibitory injunctive relief. Specifically, the court ordered Squaw Valley to (1) remove sawed logs from the watercourse and deposit areas; (2) continue with reforestation and revegetation as had been required under CUP-974; and (3) deposit an appropriate letter of credit to guarantee the reforestation efforts. The court also ordered that if Placer County refused to rezone the land for downhill skiing and refused to issue a use permit for that purpose, Squaw Valley was to comply with FPA provisions requiring the restocking, revegetation and reforestation of the area that had been unlawfully cut.
As to the prohibitory injunctive relief, the court ordered that “the area covered by the preliminary injunction issued herein shall constitute a zone free from further development in any manner. This injunction requires [Squaw Valley] to allow the area to which it relates to remain in its natural state. The court specifically excepts from this injunction that portion of the area which is covered by Phase I of CUP 974. That area, including the Silverado lift itself, and the adjoining ski runs, shall not be affected by the prohibition against development. However, no activities relating to operation of the ski lift, nor maintenance of the ski runs shall be conducted unless specific authorization, along with the appropriate permits to be issued, are granted by the appropriate Placer County authorities. In other words, Phase I of the project contemplated by CUP 974 shall remain unaffected by this injunction.”
The court also enjoined “any tree cutting (‘tree,’ as defined herein means any tree growth whatsoever, including seedlings) in any area covered by this injunction. Permission to cut any tree, including ‘hazard’ trees shall lie with the Placer County Planning Department if [Squaw Valley] desires to remov[e] any tree within Phase I of the project area. [Squaw Valley] shall not remove any tree outside the area covered by Phase I without specific permission granted by this court. If, [f]or some reason not related to development, [Squaw Valley] wishes to remove a tree or trees in such area, application shall be made to this court for permission to do so. . . . The court shall have the power to allow such cutting on an ad hoc basis, as may be equitable (e.g. public safety).” (Fn. omitted.)
The court awarded attorney fees of $480,000 to Hewlett and $192,000 to the Sierra Club.
Judgment was entered in accordance with the statement of decision, and this appeal followed.

[CAski]

Well, we already knew that they had a rather sketchy evironmental record with the Funitel blasting and trench digging by High Camp for one of the lifts. However, with this latest item, they are bordering on criminal. And that is not even considering the safety records for the lifts (goldcoast brakes, tram incident).

This post has been edited by CAski: 25 April 2004 - 04:37 PM

[KZ]

A little sketchy operation over the years for sure.

[liftmech]

We got our wrists slapped for threatening to remove three trees for a snowmobile lane... I wonder what would have happened had we decided to go ahead and cut an entire trail pod without permission?
The more I hear of Squaw, the more I notice they tend to play fast and loose with rules and regulations. They may be annoying, but there is a reason agencies and legislative assemblies have put them into place.

[SkiBachelor]

Well Squaw is on private land for the most part so they can get away with a lot more than other resorts could on forest service land. Of course there would be a permit, but it probably wouldn't be necessary if they only cut down three of its own trees.

John, can you cut down dead trees if they are a hazard without the forest services permission at Copper?

[Allan]

We're allowed to go into the forest with a saw and basically do anything we want. Unless it's a full-blown logging show, then we have to go through the proper channels. We're supposed to keep under 8 inch diameter for trees though if it's just us hacking away with a chainsaw.

[CAski]

However, Squaw does lie in a very interesting area. It is right on the border with Desolation Wilderness, so they are in a very sensitive area. However, Northstar is also completely bordered by Forest Service land. Alex Cushing should just thank his lucky stars that he is not under the jursistiction of the TRPA, as I am now inclined to believe due to the incredible liberties Alex has taken with his property. The TRPA tells homeowners along Tahoe what siding they can use for their houses on the lake, what windows, what paint, etc. They regulate how many trees must be in front of the house, as well as how long the house can be (parallel to lakeshore). There are 10,000 dollar fines for removing trees without a permit (just a few trees, and Cushing removed hundreds). There are even fines for "poodling" trees, or trimming them to enhance views. Whereas Squaw has essentially got away with murder, I wonder how Heavenly is able to do anything with their location right in the middle of TRPA prime territory. For one, the watershed from the California Lodge all the way to Boulder in Nevada is off limits, even to tree skiing, even when there is a gondola there (which I am still unsure as to why the TRPA agreed to its installation, even though it in itself reduces traffic congestion and Heavenly agreed to make concessions such as tree planting and removal of their tram).

[KZ]

Cameron, i believe the shirley lake/silverado area is on the national forest. The main area (beginner bowl, gold coast, headwall, lower kt, and red dog/squaw creek) is what squaw owns. Also, as caski said, it was a very sensitive area, so im sure that didnt help it out.

[ccslider]

KZ - that was an interesting summary of events. Where did you find this information?