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USDA Forest Service

Dixie National Forest

Garfield County, Utah

 Legal Notice of Opportunity to Object

Showalter Range Water Improvement Project

The Powell Ranger District has completed the Final Environmental Assessment (EA) and the Draft Decision Notice and Finding of No Significant Impact (DN/FONSI) for the Showalter Ranger Water Improvement Project. The selected alternative in the draft DN would authorize the proposed action, which entails the development of one well and a water conveyance system located on National Forest System lands to feed water troughs on approximately 43,230 acres.  

The Responsible Official is Christopher Wehrli, District Ranger and the Objection Reviewing Officer is Kevin Wright, Forest Supervisor. The Final EA and Draft DN/FONSI are available at https://www.fs.usda.gov/project/?project=63260. For additional information, contact Christopher Wehrli, District Ranger, christopher.wehrli@usda.gov.

This action is subject to the predecisional administrative review process outlined in Title 36 of the Code of Federal Regulations (CFR), Part 218, Subparts A and B.  A final decision will not be made until after the requirements of 36 CFR 218.12, Timing of Project Decision, have been met.

Eligibility to File Objections

Objections can be accepted only from individuals and entities who have submitted timely, specific written comments regarding a proposed project or activity subject to these regulations during any designated opportunity for public comment, per the regulations at 36 CFR 218.5(a). Additional eligibilities are established in 36 CFR 218.5(b) through (f). Issues raised in objections must be based on previously submitted timely, specific, written comments regarding the proposed project unless based on new information arising after designated opportunities for comment. A connection to previous comments must be demonstrated in the objection.

Individual members of organizations must have submitted their own comments to meet the requirements of eligibility as an individual. Objections received on behalf of an organization are considered as those of the organization only. If an objection is submitted on behalf of a number of individuals or organizations, each individual or organization listed must meet the eligibility requirement of having previously submitted comments on the project (36 CFR 218.7). Names and addresses of objectors will become part of the public record.

Contents of an Objection

Incorporation of documents by reference in the objection is permitted only as provided for at 36 CFR 218.8(b). Minimum content requirements of an objection as identified in 36 CFR 218.8(d) include:

• Objector’s name and address with a telephone number if available; with signature or other verification of authorship supplied upon request;
• Identification of the lead objector when multiple names are listed, along with verification upon request;
• Name of project, name and title of the responsible official, national forest/ranger district where project is located, and
• Sufficient narrative description of those aspects of the proposed project objected to, specific issues related to the project, how environmental law, regulation, or policy would be violated, and suggested remedies which would resolve the objection.
• Statement demonstrating the connection between prior specific written comments on this project and the content of the objection unless the objection issue arose after the designated opportunities for comment.

Filing an Objection

Objections must be postmarked (if sent via postal mail), faxed, or submitted electronically via the project webpage at https://www.fs.usda.gov/project/?project=63260 or email to objections-intermtn-regional-office@usda.gov within 45 days following publication of this legal notice. Mailed objections should be sent to Objection Reviewing Officer, USFS Intermountain Regional Office, 324 25^th Street, Ogden, UT  84401. Objections may be faxed to 801-625-5365. Electronic objections must be submitted in a format such as an email message, pdf, plain text (.txt), rich text format (.rtf), or Word (.doc or .docx). Hand delivery of written objections can be made during normal working hours to the Intermountain Regional Office, Hansen Federal Building, Room 4016, 324 25th Street, Ogden, UT 84401. It is the responsibility of objectors to ensure their objection is received in a timely manner (36 CFR 218.9).

The publication date in the Insider, newspaper of record, is the exclusive means for calculating the time to file an objection to this project. Those wishing to object to the draft DN/FONSI should not rely upon dates or timeframe information provided by any other source.

Published March 16, 2023

Legal No.