Area fi re restrictions lifted OHV-use ordinance approved Caution, common sense urged – A11 County allows use on designated roads – A18 The Pagosa Spring sSUN 50¢ PAGOSA SPRINGS, ARCHULETA COUNTY, COLORADO 81147 www.PagosaSUN.com VOLUME 110 — NO. 44, THURSDAY, JULY 26, 2018 Second poacher Draft decision would grant road access fi ned over $18,000 to site of proposed Village at Wolf Creek Duo fi ned more than $37,000

By Avery Martinez a wildlife manager and offi cer with Staff Writer Colorado Parks and Wildlife (CPW). In an interview with The SUN The second of two Oklahoma on July 23, Ruybalid explained that men who poached multiple elk England appeared in court and while trespassing on private property signed a plea agreement identical received fi nes in court reaching over to Epperly’s. $18,000. “These guys, I think, they were Tanner J. England, of Oklahoma, not lawful hunters, they were poach- plead guilty in court on July 18 to ers. They were trying to fi nd loop- three counts of wildlife-fail to dress, holes in the law and violate those three counts of wildlife-illegal pos- and get away with it,” Ruybalid told session, one count of hunting/trap- The SUN on July 11. ping/fishing without permission “They were pretty simultane- and two counts of hunting without ous in what they did and working license-big game. together,” Ruybalid said on July 23. England received fi nes and costs Epperly, as reported previously, totaling $18,126.50. plead guilty to multiple poaching England, who acted alongside charges and trespassing, and he another charged poacher, Dakota received fi nes totaling $19,126.50. Epperly, trespassed and poached According to Ruybalid, Epperly elk on private property in Archuleta County, according to Rod Ruybalid, ■ See Poaching A8

Photo courtesy Rod Ruybalid Tanner England (left) and Dakota Rendering courtesy Village at Wolf Creek Epperly (right) The above rendering imagines the visual impact of the proposed Village at Wolf Creek. A draft record of decision released on July 19 would pose with an elk give Leavell-McCombs Joint Venture road access to its privately held property atop Wolf Creek Pass, with that draft decision expected that was poached to be fi nalized this fall. on private prop- erty in Archuleta By Randi Pierce public review. be within a 100-foot corridor with a total area County. The two Staff Writer But, like other decisions released by the of about 3.7 acres.” Oklahoma men RGNF concerning the proposed project, op- “This new draft decision provides the were charged with A new draft record of decision released by ponents are indicating that the access will access that is legally required for private multiple poaching the Rio Grande National Forest (RGNF) on not be granted without a fi ght. inholdings,” said RNGF Supervisor Dan charges and tres- July 19 would allow road access to the private According to a press release from the Dallas. “Furthermore, this access option was passing charges. parcel that is proposed to become home to RGNF, the land near the top of Wolf Creek fully analyzed in 2014, so no new analysis is This picture, one the Village at Wolf Creek. Pass is a private parcel landlocked by federal needed.” of several posted The draft decision stems from a Jan. 12 lands. As the press release explains, the draft to Facebook, al- letter from Leavell-McCombs Joint Venture lowed authorities The draft record of decision from the decision is based on Alternative 3, which was (LMJV), the property’s developers, to the to link the duo to RGNF “is designed to provide reasonable the so-called ANILCA alternative, named for multiple crimes. RGNF seeking “immediate access” to the access to the 288 acre parcel via a new road the Alaska National Interest Lands Conser- Both men face property. corridor. The proposed road would be ap- losing hunting The draft decision is currently open for proximately 1,610 feet in length and would ■ See Village A8 privileges for life, and received fi nes. Jail campaign group opens meetings to public Multiple wildfi res By Avery Martinez to The SUN as the Facilities and Campaign Com- instance, printing and a banner for a booth at the Staff Writer mittee when it was fi rst reported in a story on County Fair,” Vihel wrote in an email to The SUN. July 5. Archuleta County Attorney Todd Starr sug- burning in county A new jail could be on the ballot in November, Richard Vihel, chair of the group now calling gested that the county administrator draft a letter and a county campaign committee has just re- itself Citizens for a New Jail, addressed the BoCC that outlined the use of the $5,000 and the compli- By Randi Pierce and Springs. cently opened its meetings to the public. at a work session on July 17. ance with state law allowing public money spent Avery Martinez On Wednesday afternoon, the The Archuleta County Board of County Com- “The next thing we would need with regard on campaigns. Staff Writer USFS reported that a line had missioners (BoCC) appointed a jail facilities and to campaign funds —the board has previously Vihel explained that his group wanted peace been established around the campaign committee in April; however, until re- indicated that you are willing to allocate $5,000,” of mind about the money. Multiple fi res are being tended fi re perimeter with fi re activity cently the group’s meetings were not open to the Vihel said at the July 17 session. Starr explained that, from his understanding, to through Archuleta County. still present. Hose has been laid public, despite its role as an advisory committee “The county has agreed to pay for expenses the group would not write a check, but instead Many of the fi res involved mul- around the fire perimeter and to the BoCC. involved with providing factual information to bills for the items, such as yard signs, would come tiple agencies including the U.S. an engine will be suppressing Henderson had previously identifi ed the group the public concerning the need for a new jail. For ■ See Jail A9 Forest Service (USFS), Pagosa any hot spots along the line and Fire Protection District (PFPD) mopping up. and Archuleta County Emergency “The Spruce Fire is burning Management. along a ridge top in ponderosa May sales tax To report a new fi re on federal pine and Gambel oak,” a Tues- lands, please contact the Durango day press release from the USFS collections Interagency Fire Dispatch Center reads. at 385-1324. While one structure was ini- For more information on the tially threatened, the USFS re- 1.52 percent existing fires on public lands, ported Wednesday that no struc- contact the Pagosa Ranger Dis- tures are currently threatened. higher than trict at 264-2268. Resources involved with bat- tling the Spruce Fire included the Spruce Fire USFS, the PFPD and Archuleta last year The Spruce Fire, found early County, according to the Tuesday on July 24, was approximately release. By Avery Martinez 10 acres in size as of Wednesday, “Six loads of fire retardant Staff Writer according to the USFS. It was were used to prevent the fi re from caused by lightning. Sales tax information for May has dropping into Spruce Canyon,” The fire is burning above been released, with sales tax col- the Tuesday press release reads. Spruce Canyon near Mill Creek, lections coming in at 1.52 percent about 4 miles east of Pagosa ■ See Fires A10 higher than May of 2017. The gross amount of sales tax collections for May in Archuleta County was $778,028.52, accord- Outdoors A14 ing to a report issued on July 18 by Pagosa District seeks public input on Sand Bench vegetation management Archuleta County Finance Director Public Notices A16-A17 Larry Walton. Index PREVIEW The Town of Pagosa Springs’ SUN photo/Randi Pierce Live Performers 2 Opinion A2 Crossword 16 share was $388,240.26. The river may be running low this summer, but there was water enough for the Friends of the Upper May 2018 was 1.52 percent higher Obituaries A4 SUDOKU 26 San Juan River to hold the CRUISE-A-THONg. The fundraiser, dubbed “A Race for the Average Joe,” Burleson Taylor Collyer than May of last year, an increase of features a bike ride around town, fl ip-fl op walk and fl oat down the San Juan River in whatever type Mack Prentiss Jones $11,639, the report reads. of infl atable device the participants choose. Jerry Rohwer Janet Fae Sharpe ■ See Sales A8 A8 — The Pagosa Springs SUN — Thursday, July 26, 2018 Village ■ Continued from front of decision in 2015 approving a two years later, in May of 2017, by A fi nal decision on the road ac- with surrounding National Forest developers access.” vation Act. That act, in part, grants land exchange that would swap ap- U.S. District Court Judge Richard cess is expected in the fall. System lands was arbitrary and The developers, however, ad- private land owners surrounded proximately 177 acres of privately Matsch for the District of Colorado. LMJV’s six-page January letter capricious, an abuse of discretion, dressed that issue in a statement by National Forest System lands a held land to the RGNF in exchange “This has been a long, complex acknowledges the ongoing law- and contrary to law. The Forest released July 19. right of reasonable access. for approximately 205 acres of Na- project and I encourage folks to suit and that Matsch set aside the Service entirely failed to consider That statement notes, “Despite The alternatives were analyzed tional Forest System land managed learn more about its status and decision, but states, “Although the an important aspect of the prob- our opponents’ continued misrep- for the fi nal environmental impact by the RGNF. That exchange would review the new draft decision for 2017 Order clouds the title to the lem, offered explanations for its resentations that our January, 2018 statement completed for the Vil- provide LMJV with property front- themselves,” added Dallas. “It’s also Federal Exchange Parcel, it does decision that run counter to the request for such road access was an lage at Wolf Creek access project in ing U.S. 160. important to know that the land not prevent development activity evidence before the agency, failed attempt to circumvent the recent 2014. The other alternatives were After being challenged in court exchange option, as the selected on the Private Land. However, the to base its decision on consider- U.S. District Court’s decision, noth- the land exchange and a no-action by a number of conservation or- alternative, remains on the table 2017 Order does mean that the Pri- ation of all relevant factors, and was ing could be further from the truth. alternative. ganizations working together, pending resolution of the legal vate Land presently constitutes an wrong as a matter of law.” The lower Court set aside the prior Dallas previously issued a record that decision was set aside nearly process.” In-holding subject to the require- Record of Decision granting LMJV’s ments of ANILCA.” Objection period open request for a land exchange. We The letter is signed by Clint The draft record of decision is have appealed that decision and Jones, the project leader for LMJV. now available for public review that appeal is ongoing. Poaching The letter continues, “Regard- during a formal 45-day objection “The lower Court’s decision, ■ Continued from front “There was a valid archery elk balid explained on July 23. less of how the pending appeal is period. however, merely set aside what the “... plead guilty to hunting on pri- season going on in Colorado how- England was extradited to Colora- decided, LMJV will require access The objection period will run Forest Service originally selected vate property without permission, ever, the Rancho del Oso Pardo did do after being arrested by Oklahoma to its Private Land. The Private through Sept. 4. as its preferred alternative (the multiple counts of illegal possession not have anyone hunting or give state game wardens, according to Land is unaffected by the Litigation To learn more about the project, land exchange) during the last of wildlife, multiple counts of waste permission to anyone to be hunting Ruybalid. and is not changing hands as part read previous comments or to ob- process. During that same process, of edible portions of wildlife, mul- on ranch property at the time,” the “So, they arrested him. My under- of the Land Exchange.” ject, visit https://www.fs.usda.gov/ the Forest Service also analyzed tiple counts of hunting elk without summary states. standing was, they arrested him right The letter also notes that no project/?project=35945. two other alternatives: a no action a proper and valid hunting license Ruybalid noted that hunting on off of his job site, I think he worked further analysis is needed because In the Tuesday interview, Dallas alternative, and an alternative to with fi nes and surcharges exceeding private property without permission on an oil rig,” Ruybalid said. “The 2015 ROD and associated and Mike Blakeman, public affairs grant LMJV road access across For- $19,000.” is an issue dealt with nearly every “This prompted Epperly to drive environmental impact statement specialist for the RGNF, indicated est Service land to LMJV’s private According to a case summary hunting season. to Colorado and turn himself in,” ... has already thoroughly ana- that, because the ANILCA access land. Our January, 2018 letter to by Ruybalid, the case began when However, the Rancho del Oso Ruybalid wrote in the summary. lyzed the environmental impacts was analyzed as part of the 2014 the Forest Service was merely a he received a report from the ranch Pardo boundary is fenced and well Epperly pleaded guilty, according of a specific road (together with environmental impact study, the request that it proceed with grant- manager for Rancho del Oso Pardo, signed to assist lawful hunters in to the report, of hunting on private appurtenant utility easements) people who commented on that ing us the alternative access to our located in Archuleta County near identifying and respecting private property without permission, mul- connecting the Private Land to study have standing to object to private property regardless of what the New Mexico border, north of property, even though this is not tiple counts of waste of edible por- Highway 160.” the current draft decision. happens in the appeal on the land Chama, N.M. required by law, the summary notes. tions of wildlife, and multiple counts The letter also notes that “The However, Blakeman and Dallas exchange.” “The ranch manager reported The ranch manager reported that of hunting elk without a proper and Road is the same road regardless noted that public comment is wel- Further, the statement address- that he and his employees found two individuals had been spotted valid hunting license. of whether it is located on private come outside of formal objections. es the property owners’ right to three dead bull elk on ranch prop- trespassing a few days before the Indications had been found in land or federal land. It has the same “We are more than happy to “adequate access to their property erty,” the summary reads. incident, but had run into the woods, talks with Oklahoma wardens that beginning point and the same end- take comments and hear what for its reasonable use.” Upon further investigation, it was according to the report. the two had past experiences such ing point. It is located in exactly people have to say.” Blakeman said. “The project that LMJV has pro- discovered that one bull elk was shot “At that time, ranch employees as this incident, and were known to the same place and confi guration “We’re always open for comments, posed on its private land and that with an arrow, killing the elk, the documented vehicles and license their local game wardens, Ruybalid regardless of ownership of the un- always.” was subject to prior analysis has report indicates. plates parked at possible access explained on July 23. derlying land.” “Every one of them gets read,” been found to be a reasonable use “The head, antlers, and some of points to the ranch from the neigh- Both men had previous criminal In addressing the need for “ex- Dallas added. and previous court decisions, to the meat were removed and taken,” boring Rio Grande National Forest,” records outside wildlife charges, ac- peditious consideration,” the letter Following the current 45-day which our opponents were parties, the summary states. the summary states. cording to Ruybalid. states, “It has now been 7 months objection period, Blakeman ex- have held that year-round snow- A second bull elk, Ruybalid ex- Next, using the collected informa- Both men face the possibility since Judge Matsch issued his plained that the next step is an plowed access is required for that plained in the summary, had been tion from the license plates, it was of losing their hunting and fi shing opinion. It has been seven years objection resolution period where use,” the statement reads. shot and killed by an arrow “and left discovered that one of the vehicles privileges for life. since LMJV’s second request for the RGNF tries to resolve any ob- It continues, “While LMJV and to rot.” belonged to Epperly, according to “Any suspension will be recip- access to its land either through jections that are fi led, then a fi nal the majority of citizens favored The summary further reads that the summary. rocated in Oklahoma and 46 other a Land Exchange or road access decision is issued. the land exchange because of its with the second bull elk: Colorado wildlife officers and states, as participating members of across federal land. It has been If an objection is unable to be undisputed benefi ts including jobs, • “The only meat taken from ranch employees viewed social me- the Wildlife Violator Compact Agree- thirty years since the original land resolved, the decision is open for enhanced recreational opportuni- this elk was the back straps (choice dia pages belonging to Epperly, the ment,” the summary reads. exchange that created the inhold- appeal, he added. ties, compatibility with the ski area, meat). report reads, and “discovered that These acts do not represent lawful ing and associated efforts to obtain A controversial decision and environmental benefits, the • “This elk was covered with tree access began.” appeals court will decide if the land Epperly had been archery elk hunt- hunters, according to the summary, Comments concerning any pos- branches in an attempt to conceal In a Tuesday interview, Dallas exchange will happen. Whether the ing in Colorado and he had posted who respect private property, care or sible access decision began rolling the carcass. noted that, under law, the RGNF land exchange is upheld or not, photos of himself posing with a 5x6 use the meat from the animals they in to Dallas and the RGNF before • “One antler was cut and broken has to give LMJV access, with Dallas LMJV is still entitled to obtain year- bull elk that he killed in Colorado.” take and stay within their limits. the draft decision was ever made, off, which was found at the fi rst elk having limited discretion as to the round access to its private property, Epperly posted other photos of “This case is a great example Dallas and Blakeman indicated. kill site. The other antler remained conditions. which we continue to pursue. We bull elk that were killed in Colorado, where Colorado Parks and Wildlife Among them, Dallas mentioned on the elk. What happens on the property, expect the Forest Service will faith- according to the summary. Offi cers worked together with land- receiving notifi cations regarding • “The elk was a smaller bull with he noted, lies with Mineral County. fully discharge its legal obligation It was then discovered that Ep- owners and other wildlife agencies a Change.org petition, with that antlers that had 4 points on each He also noted that the scenic and grant such access as set forth perly was accompanied by another to catch and prosecute violators of petition started by Rocky Mountain side.” easement is included in the draft in its new draft Record of Decision. man, the report reads. wildlife law,” Ruybalid wrote in his Wild and titled “Dan Dallas: Keep A third bull elk carcass was found, ANILCA decision. We also expect that the new deci- Ruybalid later identifi ed the man summary. Wolf Creek Wild.” the summary notes, in which only That easement was put into sion will be upheld if challenged to The SUN as England. The head and antlers of the elk On the other side of the coin, the head, cape and antlers were place through the 1987 land swap because it is required as mandated Epperly had an elk hunting li- were recovered and returned to Dallas confi rmed that he received a removed. that created LMJV’s private inhold- by Congress in the statute.” cense prior to hunting in Colorado, Colorado, Ruybalid explained to letter from Wolf Creek Ski Area CEO Ruybalid expressed to The SUN ing on Wolf Creek Pass Ruybalid explained to the SUN on The SUN. Davey Pitcher, with that April letter The project his ideas about England’s poaching July 23. Further, Ruybalid explained to The scenic easement was not, stating the ski area’s preference for According to the Village at Wolf activities. Ruybalid explained that Epperly The SUN, the CPW protects wildlife however, applied to the land ex- the land exchange, but that the ski Creek website, there are two dif- “I’m pretty certain that he’s actu- and England had taken more elk and it is important to the people who change decision — a fact that area is in support of a dedicated ferent land plans for the proposed ally the shooter on one of the elk than the license legally allowed them live in and visit Colorado, as well as is mentioned several times in entrance to the LMJV property development. where just the back straps were taken to and that “they did it on private to the state government. Matsch’s order halting the ex- regardless of the outcome of the One refl ects the development and nothing else,” Ruybalid said to property, without permission, those “We take it pretty seriously,” Ruy- change. land exchange. with the land exchange, while the The SUN on July 23. elk were illegal anyway, regardless of balid said. “The easement’s stated purpose The day after the draft decision other considers the development Ruybalid explained that both their license.” Ruybalid explained that if people was ‘to provide a specifi c level of was announced, several conserva- without the land exchange. England and Epperly worked in However, England hunted with- choose to violate the law there could control of the type of development tion organizations — Rocky Moun- With the land exchange, the conjunction to “cover it up,” referring out securing a license prior to taking be signifi cant consequences. ... to assure that said development tain Wild, the San Juan Citizens website indicates that full build-out to taking that piece of meat out and an elk, Ruybalid explained. “We may not catch you every time is compatible with the Wolf Creek Alliance, San Luis Valley Ecosystem “could have up to 1,711 units, com- leaving the rest of the animal. “He went and purchased a license or the fi rst time, but we do catch up Ski Area,’ but was ‘not intended to Council and Wilderness Workshop prised of hotels, condominiums, “The meat was left to rot,” the after the fact, after he had killed,” with people,” Ruybalid said. confl ict with or intrude upon the — released a joint statement indi- townhomes, and single family lots, summary reads on the third bull elk. Ruybalid said. The summary notes that employ- land use controls of the State of cating that the fi nal decision could along with commercial amenities Ruybalid told The SUN on July 11 England’s charge “was a little ees of Rancho del Oso Pardo made Colorado, Mineral County, or other be challenged. located near the Village center.” that nothing could be done with the more aggravated” due to the fact that “great witnesses” and reported the unit of local government as speci- Travis Stills, attorney with Ener- The fi rst phase of that proposed meat and carcasses of the elk found he was not licensed to hunt elk in violations “promptly.” fi ed herein,’” Match’s order states. gy and Conservancy Law, who has version of the project would com- dead on the ranch. Colorado, Ruybalid explained. This, in turn, according to the The order later states multiple represented the groups in several prise 497 units, including one ho- Sometimes, the CPW takes meat Epperly did have an elk hunting summary, helped CPW work with the times that the USFS failed to ap- rounds of litigation, is quoted in the tel, and a pedestrian mall located samples off the carcasses for DNA license prior to the hunting in Colo- District Attorney’s Offi ce to success- ply that scenic easement to the statement as saying, “This proposal in the trees. testing to try to match them to rado, Ruybalid explained on July 23. fully prosecute the case. new federal land that LMJV would fl agrantly violates federal laws and The website also notes that it other parts of the animal, Ruybalid The background of the photos of Ruybalid mentioned on July acquire, with the USFS stating it the developers’ own agreement to would take several years to build explained. Epperly posing with “two different 23 that he was very appreciative had no control over development subject any access request to fed- and market the units contained But, in this case, no samples were 5x6 bull elk” matched the location of how thorough the District At- at the site. eral scrutiny. We are disappointed in phase one, with future phases taken because the testing process of the kill sites of the elk discovered torney’s Offi ce had been about the “In light of this prior history on the Forest Service will not honor then determined by public market was not used, Ruybalid explained. on Rancho del Oso Pardo property, case and that it “also treated the the very same property, there is the binding settlement agreement demand. As far as the remainder of the the summary states. wildlife violations of the case in a no legal or logical basis for Defen- and federal court orders. Should The second project plan con- carcasses of the elk were concerned, “Evidence collected provided serious nature.” dants’ position in the FEIS [Final the Forest Service cave to pressure, templates a smaller footprint with- they smelt so bad, they were already cause to allow for search warrants “This allowed CPW to recover the Environmental Impact Statement] we will take the steps necessary to out the land exchange. decomposing “with fl ies and mag- to be obtained for phone and social monetary value (set in State Statute) and ROD that the Forest Service protect the National Forest.” In that version, the project is gots” and at that point the ranch was media records for Epperly,” the sum- of the wildlife illegally taken, on had no power or jurisdiction to The statement from the or- condensed to fi t on the land cur- all right with just letting the scaven- mary reads. behalf of the people of Colorado, limit or regulate development on ganizations notes, “A Colorado rently owned by LMJV. gers fi nish off the remains, Ruybalid Search warrants were obtained while assisting in protecting private the federal lands being conveyed federal district court set aside “We designed this new plan to explained. and served on Epperly by wardens property rights in Colorado,” the to LMJV in the present exchange,” the Forest Service’s approval of accommodate moving the core pe- In other cases where the meat from the Oklahoma Department of summary reads. the order states, adding later, “The a land exchange to facilitate the destrian mall of the Village center and parts of an animal are salvage- Wildlife Conservation, the summary “They were hand in hand, and 1987 Scenic Easement demon- development in May 2017. ‘The into the trees,” the website states. able, CPW will document evidence continues. were both serious wildlife violators,” strates the Forest Service’s actual Forest Service cannot abdicate its The website further notes that and donate the remaining parts to “Hunting equipment believed to Ruybalid said on July 23. power to control development.” responsibility to protect the forest phasing determinations and den- “someone in the community who be used in the commission of the Ruybalid further explained that The order further states: “The by making an attempt at an artful sities of each phase have not been would benefi t from that meat,” Ruy- crimes was seized as evidence and while England and Epperly may have Forest Service’s express refusal— dodge,’ the court declared. Now, determined. balid explained on July 11. returned to Colorado, as well as the felt safe returning to Oklahoma after based on a perceived lack of ju- the Forest Service hopes to use At full build-out, the plan calls Three carcasses were found, ac- heads and antlers from the two bull the incident, they were ultimately risdiction—even to consider any the same artfully dodged analysis, for 1,850 units, comprised of ho- cording to the summary, but com- elk,” the summary reads. caught for their crimes. limitations, restrictions, controls, previously deemed in violation of tels, condominiums, townhomes, plications on location arose. Arrest warrants were issued, Ruy- [email protected] or other measures designed to en- multiple federal laws, to approve single-family lots and commercial sure compatibility of development a different means of providing the space. Sales ■ Continued from front • Retail increased by 13.5 percent, an increase of 3.6 percent, or $21,468. On a year-to-date basis, from or $233,081. • In the “other services” category January to May, revenue was 7.88 • Construction was up by 20.2 there was an increase of 2.7 percent, percent higher than the same period percent, or $12,042. or $1,430. last year, or $266,969. • Real estate/rental had an in- The report also listed two catego- PagosaSUN.com According to the report, “we see crease of 3.1 percent, or $3,233. ries down for 2018 as compared with the following signifi cant variances” • Accommodation/food service last year: for relative year-to-date (January to increased by 0.5 percent, or about • Manufacturing was down by 5.7 May) 2017 to 2018 data. $3,037. percent, or $8,081. The following categories were • Information increased by 1 per- • The professional and scientifi c listed as up for 2018, according to cent, by $1,331. category was down by 5.2 percent, the report: • The miscellaneous category had or $441.