Kelley Drye Environmental Team Obtains Endangered Species Permit for Resort Developer

In the culmination of an 18-month application and negotiation process, Kelley Drye successfully obtained, on behalf of resort developer Intrawest, a federal Endangered Species Act (ESA) permit for the construction of a 150-unit condominium development on approximately 40 acres at its Snowshoe Mountain resort in West Virginia.

Intrawest began the process of preparing the permit application in September 2001, including the development of a Habitat Conservation Plan which laid out Intrawest’s plans for mitigating the impacts of its proposed project on the endangered West Virginia flying squirrel, a nocturnal creature found almost exclusively in West Virginia.

After lengthy negotiations, the Service ultimately issued the permit, which is the first of its kind that has been issued for a project in West Virginia and is the first to be issued to a ski resort.