Alaska News

Expansion of heli-skiing prospects in Chugach Mountains sets off legal scrum

The Chugach Mountains are a world-class draw among the elite of heli-skiing for a variety of reasons. It's not just the quaint Alaska towns, unbroken powder and spectacular scenery. The Chugach offers big peaks and that translates into the potential to ski about 25,000 vertical feet per day. And, in a highly managed place like the national forest, it means the most exclusive access to thousands of acres of terrain for a limited clientele.

Fresh snow, untouched peaks, first descents, nobody else around.

In 2012, the Cordova Ranger District of the U.S. Forest Service determined that there was enough interest in commercial heli-skiing in the Chugach to expand the area permitted, and it issued a prospectus for 2013 and 2014 known as the Pyramid Peak Heli-Ski Prospectus. The goal was to solicit proposals from private interests to analyze the feasibility of opening a new commercial heli-ski area bordered by the Allen Glacier to the north, Copper River to the east, Prince William Sound to the south and Simpson Creek on the west. The objective was to provide up to 800 service days for commercially guided heli- skiing.

Points North Heli Adventures was one of three respondents. Points North has been operating on this side of the Chugach for about 15 years. Like reverse snowbirds, the Points North team arrives each winter at Cordova's Orca Adventure Lodge, their seasonal base of operation. Over the years, Points North's fame and clientele has continued to grow. Warren Miller, often considered the god of adrenaline-pumping winter sport films, and Seth Wescott, an Olympic gold medalist, are just two of the world-class powderhounds to ski and film with Points North. The larger client base draws skiers from across the United States and around the world. Conversations over dinner reference "Switzerland last week", "Didn't I see you in Chile" and "Nepal was awesome". Occasionally, there's some oddball mentions something about "work".

On the flip side, because heli-skiing is highly managed in the Chugach, for the most part, locals and the pristine wilderness that surrounds them are protected from excessive noise and intrusion. The operation brings business to town in the offseason when local innkeepers, shops and restaurants need it the most. One of the things Points North prides itself on is the fact that its operation is neither an eyesore, nor an earache for the community. Additionally, according to several residents, Points North has worked with local school kids, donated to fundraisers for Mt. Eyak Ski Hill and, most importantly, assisted with emergencies, stopping their commercial operation to put helicopters and guides into action for search and rescue. It's not all rainbows and ponies, but the community seems to peacefully coexist with a ego-driven industry and on balance the relationship tips positively for Points North.

About a year ago, Points North was selected by the Cordova District Ranger as the successful respondent to the Pyramid Peak Heli-Ski Prospectus. However, before anyone was flying high, Dean Cummings of H2O Guides out of Valdez filed an appeal. Reading a Jan. 16, 2013 reply from then Cordova District Ranger, Teresa Benson, to Cummings, let's just say the fur, or in this case the powder, had really begun to fly.

According to Benson's letter, H2O had appealed the decision stating they were "concerned that there may be political pressure being placed on the District to favor North Points..." In her seven- page letter, Benson detailed the Forest Service process and policies for review of a prospectus and criteria for selection -- things like operating and safety plan, minimizing impact to the National Forest and other Forest users and wildlife, a business plan, references, partners, community relations and financial resources.

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Benson cited inconsistencies in the H2O application, including the fact that while H2O indicated a desire to expand, during 10 years of operation the record indicated that H20 underutilized their authorized client days in eight of the ten years -- and that H2O planned to establish a base of operation out of Cordova, however, no Cordova partners that would have substantiated plans for expansion were referenced in the application. Benson also responded to H2O's claims of illegal practices by Points North and to an allegation by Cummings that Points North had been given preferential treatment because the son of a Forest Service employee worked for Points North. Benson stated that Points North had a positive record and that the allegation of preferential treatment was simply not true, that the employee in question was not involved in the prospectus review, and that the photo that H2O had attached to their appeal, was, in fact, not the son of the employee.

Not to be deterred, Cummings/H2O appealed again. A hearing was held this February and several weeks later, Terri Marceron, Forest Service supervisor, upheld Benson's decision and closed Cumming's appeal effective March 7.

Cummings then appealed to Beth Pendleton, the regional forester in Juneau. In July 2013, Pendleton reversed Benson's decision, citing a technical issue with the process and directing the Ranger to review the evaluation criteria and also to review the cost recovery direction of the U.S. Forest Service relative to the timing and funding of any required environmental analysis. Pendleton's letter states that her decision was the final administrative determination.

According to the Forest Service, the appeal was granted on a technical issue having to do with process, not because the contractor did not have the capacity to perform. What course of action Points North will choose going forward remains to be seen.

Jennifer Gibbins is the editor of The Cordova Times. Reach her at editor@thecordovatimes.com

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