Cortez Journal

3,000-acre subdivision draws fire

Feb. 1, 2001

by Janelle Holden
journal staff writer

In a bid to develop a third remote subdivision in Dolores County, Redstone Land Company, Inc. of Dolores has provoked the ire of adjacent landowners and drawn concern over developing a pristine forested area just south of critical big-game winter range.

Documents Redstone submitted to the Forest Service in October describe a proposed development that would split a 3,048-acre land mass into 87 35-acre plots with one home site per acreage.

Currently owned by Blanding rancher Richard Perkins, the tract lies north of Narraguinnep Mountain and south of Benchmark Lookout on the San Juan National Forest.

Dan Dattola, the developer working on the deal, cautioned that those documents represented "just a concept" of what Redstone might do with the land.

"We’re in the preliminary stages of contract of purchase and due diligence," said Dattola. "Nothing has been finalized."

But the proposal has "horrified" many of the ranchers who graze livestock in the area during the summer.

Don Jessup, whose stepfather, Jesse West, owns the West ranch that borders the proposed subdivision to the north, said "nobody wants a subdivision" in the area.

"Personally, I don’t think anybody you talk to up there wants anybody coming up there even with just a tent," commented Jessup. "One new person is a big impact."

"I don’t need any neighbors," echoed Joe Blackmer, who owns land south of the proposed development. "That’s the reason we like it up there."

The closing date for the sale was set for Jan. 15, but according to Redstone and Perkins, it was delayed until May 1 in order to complete a survey of the property.

One of the conditions of the sale is access to the property, which is only available on Forest Service roads.

On Dec. 18, the Forest Service denied Redstone’s special-use application to obtain deeded access to the proposed subdivision off Forest Service roads 526, 514, and 240. Because the development is not an inholding, the Forest Service has no legal obligation to provide access other than what is provided for other users.

However, the Forest Service agreed to consider Redstone’s request to improve Forest Road 240, which crosses private land south of the proposed subdivision.

Guyrene McAfee owns the section that 240 crosses. Her father, Roy J. Retherford, homesteaded the property in 1921. Retherford had granted the Forest Service a road easement.

"We have in the past said, ‘This is not a safe road, it’s single-track, it’s dirt,’ so my position was, ‘if you’re willing to spend your money to improve this road and you’re willing to do this to forest specifications, then OK," said Mike Znerold, Mancos-Dolores District forest ranger.

But Znerold said the Forest Service must consider the wishes of the private property owners as well, and may require an environmental assessment before any improvements are made.

McAfee plans to oppose any improvements to the road, disapproving of both the subdivision and an increase in traffic and damage to her property.

"The grass on the part that the road is across is very fragile because it doesn’t have deep roots, and that particular ground needs a lot of rain to sustain it," explained McAfee. "I was raised on the philosophy that if you’re good to the land, the land will be good to you."

Her 300 head of cattle wander across the entire section of deeded land to graze.

McAfee complained to the Forest Service this fall after reports surfaced that Redstone’s surveyors had brought a small bulldozer through her property to begin making roads to each of the 87 sites on the subdivision.

Currently, only personal highway vehicles are allowed to access the road during the dry summer season. Commercial use is restricted, but can be accommodated by purchasing a special-use permit. During the winter, the roads are closed to all motor vehicles, including snowmobiles, to protect big-game winter range.

"Both the Forest Service and Colorado Division of Wildlife have significant concerns about disturbance to big game here during the winter months," Znerold wrote in an Oct. 20 letter to Redstone.

". . . We are concerned that your development will have an adverse impact to wintering big game due to increased human presence in these lands during the critical winter period, December 1 to April 1 each year."

According to Znerold, the area is also classified as a critical winter habitat for the Canada lynx.

Dave Harper, the district wildlife officer for the Colorado Division of Wildlife, said that many deer, elk, and bear use the property to migrate to winter habitat on the adjacent San Juan National Forest.

"Having a subdivision in prime black-bear habitat could lead to a lot of problems and conflicts with bears," warned Harper. "It would be a negative impact to the wildlife. The presence of homes would tend to displace animals or maybe alter their traveling patterns, not to mention the increased human activity."

Harper’s concerns were echoed by McAfee, who has spent part of every summer on the property since she was a child.

"I am very concerned about the environment, and I am concerned about the impact on the wildlife," explained McAfee, who can recite a long list of wild animals such as deer, elk, bear, coyotes, porcupines, and many migratory birds that she has seen on her property.

"That pond of Richard’s (Perkins) next to me has had two pair of geese the last two summers, and we are so excited about it, because we’ve never had them stay. And I hope they come back next summer."

McAfee is also concerned about the amount of services a community of that size might need. Currently, there are no wells, sewer systems, electricity, or other services provided in the area.

"How are those people going to get water?" asks McAfee. "If they drill for water, or dig for it, will it affect my aquifer?

"We also worry about absenteeism. What happens if a fireplace gets out of control? It is a long way from a pump truck, and I don’t want to see my deeded land go up in smoke."

Leroy Gore, a Dolores County commissioner, explained that the subdivision does not require county approval because the proposed tracts are 35 acres. State law does not give counties jurisdiction over subdivisions with tracts of 35 or more acres.

"It’s private property," Gore said. "They can sell it to whoever they wish."

Znerold said the Forest Service has no official position on the development.

"The Forest Service has no authority in affecting development on private land. That’s a county responsibility. I’m walking a thin line, I have personal feelings about development, but as a district ranger I can’t have an opinion," said Znerold.

Redstone also owns a subdivision north of Dove Creek and one at the headwaters of Disappointment Creek.

In addition, Redstone recently developed Montezuma County’s largest subdivision, the 2,000-acre, 140-lot Cedar Mesa Ranches, north of the Mesa Verde National Park entrance. After the developers agreed to contribute $75,000 and a half-acre of land for a fire substation to be built at the subdivision, Redstone sued the county commissioners over the $75,000. The commissioners refused to give it back, and Redstone eventually agreed to pay $60,000 to the Mancos Fire District, pending the district’s acceptance of the settlement.

Perkins said that although he would prefer someone bought the property who would leave it intact, he needs to sell the property to fund his retirement.

McAfee said she understood that, but would have preferred he find another buyer.

"The aesthetic value of the property is absolutely unreal. I don’t blame Richard Perkins for wanting to retire, but I do think he could have chosen another group to buy his land," said McAfee.

Copyright © 2001 the Cortez Journal. All rights reserved.
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