Tobias-Flynn Private Land Access #15870

Proposal to construct a road from SR179 to private property across Oak Creek from Poco Diablo and Chavez Crossing Group Campground in Sedona. Proposal is the result of litigation requiring the Forest Service to provide an easement.

Opportunity to Object to the Tobias-Flynn Private Land Access Decision on the Coconino National Forest

Laura Jo West, Forest Supervisor of the Coconino National Forest, has prepared an environmental assessment (EA), finding of no significant impact (FONSI), and draft decision notice (DN) for the Tobias-Flynn Private Land Access Project. The draft Decision Notice approves Alternative D, which would allow issuance of a Forest Service permit for the construction, maintenance, and use of a 7,500 foot-long by 68-foot wide road across National Forest land to provide access to a privately-owned in-holding. This decision will fulfill a September 23, 2002 Arizona District Court order (Order No. C1V00-1107-PHX-MHM) requiring the Forest Service to recognize an easement by necessity for the private land inholding.

The EA, FONSI, and draft DN are available on-line at: https://www.fs.usda.gov/project/?project=15870. These documents are also available for review at the Coconino National Forest Supervisor’s Office. Additional information can be obtained from: Mike Dechter, 928-527-3416, mdechter@fs.fed.us. 

The actions proposed in the Tobias-Flynn Private Land Access Project on the Coconino National Forest draft DN are activities implementing a land management plan and not authorized under the HFRA, and are subject to 36 CFR 218 Subparts A and B. 

How to file an Objection and Timeframe

Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunity for public comment in accordance with §218.5(a). 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 the designated comment opportunities §218.8(c). 

Objections, including attachments, must be filed via mail, fax, email, hand-delivery, express delivery, or messenger service (Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays) to: Regional Forester, Southwestern Region, 333 Broadway SE, Albuquerque, NM 87102, via FAX: 505-842-3110, or via e-mail: objections-southwestern-regional-office@fs.fed.us. Please send a copy of your objection to objections-southwestern-coconino@fs.fed.us. Electronically filed objections may be submitted by email in word (.doc), rich text format (.rtf), text (.txt), and hypertext markup language (.html). 

Objections must be submitted within 45 calendar days following the publication of this notice in the Arizona Daily Sun. The publication date in the newspaper of record is the exclusive means for calculating the time to file an objection. Those wishing to object should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the time to file an objection.  

At a minimum, an objection must include the following (36 CFR 218.8(d)):

1. The objector’s name and address, with a telephone number, if available;
2. A signature or other verification of authorship upon request (a scanned signature for email may be filed with the objection);
3. When multiple names are listed on an objection, identification of the lead objector (verification of the identity of the lead objector shall be provided upon request);
4. The name of the proposed project, the name and title of the Responsible Official, and the name(s) of the National Forest(s) and/or Ranger District(s) on which the proposed project will be implemented;
5. A description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project if applicable, how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; supporting reasons for the reviewing officer to consider; and
6. A statement that demonstrates connection between prior specific written comments on the particular proposed project or activity and the content of the objection. 

Incorporation of documents by reference is permitted only as provided in §218.8(b). It is the objector’s responsibility to ensure timely filing of a written objection with the reviewing officer pursuant to §218.9. All objections are available for public inspection during and after the objection process. 

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