LEGAL NOTICE OF OPPORTUNITY TO OBJECT USDA FOREST SERVICE PIKE-SAN ISABEL NATIONAL FORESTS & CIMARRON AND COMANCHE NATIONAL GRASSLANDS, PIKES PEAK RANGER DISTRICT TELLER COUNTY, COLORADO MULE CREEK GRAVEL PIT EXPANSION The USDA Forest Service has prepared an environmental assessment (EA) and draft decision notice and finding of no significant impact (DN/FONSI) for the Mule Creek Gravel Pit Expansion. The project area is located east of SH-67 about 4 miles south of Divide in Teller County, Colorado on the Pikes Peak Ranger District of the Pike-San Isabel National Forests & Cimarron and Comanche National Grasslands (PSICC). The Responsible Official for this decision is Ryan Nehl, the Forest and Grassland Supervisor. The Responsible Official is planning to implement Alternative 2 the Proposed Action, which includes the following activities: expanding the current mining area northward by approximately 11.5 acres remaining within a historic mining scar. The Proposed Action will bring the total mined/surface disturbed area to 26.3 acres with about 21.5 acres on Forest Service land. Mining occurs by drilling and blasting the underlying granite to create a sloped quarry face. The blasted material is then processed by crushing, screening, and washing, and the processed materials are used to create construction materials, which are sold offsite. The expansion is needed to allow mining operations to continue in an isolated corner of Forest Service property that has a long history of mining activity. Additionally, by expanding into a portion of the historic mining scar which shows signs of erosion and slumping with potential for future failure, the Proposed Action would reclaim and restabilize this Forest Service land. The EA and draft DN/FONSI for the Mule Creek Gravel Pit Expansion are available on the PSICC website: https://www.fs.usda.gov/project/psicc/?project=64902. The documents may also be requested at the PSICC Supervisor’s Office located at 2840 Kachina Dr., Pueblo, CO 81008 and at the Pikes Peak Ranger District office located at 601 South Weber, Colorado Springs, CO 80903. Additional information regarding this proposed action can be obtained from Cullen LaPointe, Mountain Zone Geologist, at 719-836-3871 or by e-mail at cullen.lapointe@usda.gov. The Mule Creek Gravel Pit Expansion is an activity implementing a land management plan. This activity is subject to pre-decisional objection under subparts A and B of 36 CFR Part 218. Objections, including attachments, must be filed with the appropriate reviewing officer within 45 calendar days following publication of this notice in the Pueblo Chieftain, the newspaper of record. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. Objectors should not rely upon dates or timeframe information provided by any other source. It is the objector’s responsibility to ensure timely filing of a written objection with the reviewing officer pursuant to 36 CFR 218.9. Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunities for public comment in accordance with 36 CFR 218.5(a). Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless the issue is based on new information arising after the designated comment opportunities. The objection must contain the minimum content requirements specified in 36 CFR 218.8(d) and incorporation of documents by reference is permitted only as provided in 36 CFR 218.8(b). Objections that do not adhere to these requirements make review of an objection difficult and are conditions under which the reviewing officer may set aside an objection pursuant to 36 CFR 218.10. All objections are available for public inspection during and after the objection process. Electronic objections are preferred and must be submitted to the Objection Reviewing Officer online via the project website by clicking on the “Comment/Object on Project” link or at https://cara.fs2c.usda.gov/Public/CommentInput?project=64902. Electronic submissions must be submitted in a format that is readable with optical character recognition software (e.g., Word, PDF, Rich Text) and be searchable. An automated response should confirm your electronic objection has been received. Objections can be faxed to the Objection Reviewing Officer at 303-275-5134. The fax coversheet must include a subject line with “OBJECTION: Mule Creek Gravel Pit Expansion” and should specify the number of pages being submitted. Written objections may be submitted via regular mail to: USDA Forest Service, Rocky Mountain Region, Attn: Reviewing Officer, C/O Director of Strategic Planning 2nd floor 1617 Cole Blvd., Bldg. 17, Lakewood, CO, 80401. Objections sent by private carrier or hand delivery must be addressed to: Objection Reviewing Officer, USDA Forest Service Rocky Mountain Region, Attn: Reviewing Officer, 1617 Cole Blvd., Bldg. 17, Lakewood, CO 80401. Office hours are Monday through Friday, 8:00 AM to 4:30 PM, excluding Federal holidays, for hand delivery. The U.S. Department of Agriculture (USDA) is an equal opportunity provider and employer. 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. 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; and A 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, 45 days following publication of this legal notice. It is the responsibility of objectors to ensure their objection is received in a timely manner (36 CFR 218.9). When multiple names are listed on an objection, identification of the lead objector as defined in§ 218.2. Verification of the identity of the lead objector must be provided upon request or the reviewing officer will designate a lead objector as provided in§ 218.5(d). Objection Sample Template Lead Objector: ______________________ Objections are limited to the scope of this particular project. A. Description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project: B. How the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy: C. Suggested remedies that would resolve the objection: D. Supporting reasons for the reviewing officer to consider: E. Unless the objection concerns an issue that arose after the designated opportunity(ies) for comment, provide a statement that demonstrates the connection between prior specific written comments on the particular proposed project and the content of this objection.
Cullen LaPointe
