Water, Soil, Love
Friends of the Rio Hondo
November 4, 2024
(last updated 11/14/2024)
Filing an Objection to the TSVI Gondola Project Decision
The Gondola Project has been given a “Finding of No Significant Impact” (FONSI) designation by the Forest Service, which means the project has received a draft approval to begin, without the completion of an Environmental Impact Statement (EIS). The only thing standing in the way of TSVI beginning construction is the completion of an Objection process. The final approval of the project is subject to the Regional Forester’s decision about whether any objections have enough merit to reverse the decision. If no objections are filed, work can begin as soon as mid-December.
If you submitted comments to either the Gondola Project Scoping document or the Draft Environmental Assessment, you have standing to file an objection to the project decision. Read the Final Environmental Assessment, and if you think your concerns have not been adequately addressed, you might want to file an objection.
The Forest Service has said that comments, including all attachments, are due by 11:59:59 PM (Mountain Standard Time) on Monday, December 16, 2024. To avoid being delayed by technical issues or other problems we think you should submit your objection by Friday, December 13 at the latest. If you are filing by mail you should file even earlier.
Specific written comments should be provided that are:
related to the issues you raised during the other comment periods,
within the scope of the project,
have a direct relationship to the proposed action,
include supporting reasons and information for the Forest Supervisor to consider, and
suggest specific, concrete actions for the Forest Service to take to resolve the issues.
After the Objection Period ends the Forest Supervisor will make a final decision about the project. Once the decision is finalized, the only recourse is a lawsuit. But to file a lawsuit you must have first filed an Objection. If you feel passionately enough about the Rio Hondo that you think you might want to file a lawsuit against the Forest Service, you should file an objection now to preserve your legal rights.
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Objections need to relate to the content of the comments you have previously submitted. For example, if you wrote about the effect of the Gondola on water quality, you can object that your concerns about water quality were not sufficiently addressed in the Final Environmental Assessment. If you didn’t write about the effects on water quality, your comments about water quality will not be considered. The only exception to this rule is if the issue is based on new information arising after the designated comment opportunities.
Because your objection has to be based on your previous comments it is not possible for us to give you guidance on what to say now. You are the best judge of what needs to be said. The best thing to do, in order to write as effective an objection as possible, is to look up your your issues of concern in the Final document, and see how the Forest Service responded. Then you can address what you think is wrong with their response. You should also check out the sample Objections at the bottom of this post for an idea of how other organizations have written their objections.
But, we can say that, in our opinion, while it is a much longer document, the Final EA doesn’t provide much new information. More often than not, concerns conveyed during Scoping and Draft EA processes were addressed by the Forest Service by repeating the same reasoning as before. In addition, we still think the process has not followed NEPA guidelines especially in the consideration of alternatives and in soliciting and incorporating public comment.
But the most important point is that an Environmental Impact Statement (EIS) should be completed for the project.
In addition to presenting your objections and arguments you must also suggest specific, concrete changes for the Forest Service to take to resolve the issues. Those actions should directly seek to resolve the issues raised in your objections.
The Final EA is a large and clumsy document. It’s hard to navigate and understand. But you can write your objection fairly quickly if you focus on points that you included in your prior comment(s). Searching the Final EA for key words is a good strategy to quickly find your issues of interest.
As always, be polite and don’t get personal in your response.
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Objections, including attachments, must be addressed to the Reviewing Official [template provided below]:
Michiko Martin, Regional Forester,
and filed:
Via mail or express delivery to 333 Broadway Blvd SE, Albuquerque, NM, 87102;
By email to objections-southwestern-regional-office@usda.gov, or
Via online web form at https://cara.fs2c.usda.gov/Public//CommentInput?Project=61390
According to the Forest Service an automated response will confirm the electronic objection has been received. If an automated response is not received, it is the sender’s responsibility to ensure timely filing by other means. Electronic objections are preferred and must be submitted with “Taos Ski Valley Gondola and Other Improvements Project Objection” in the subject line. Electronic submissions must be submitted in a format that is readable with optical character recognition software and be searchable (e.g., Word, PDF, Rich Text) .
The objection must contain the following minimum content [template provided below]:
The objector’s name and address, with a telephone number, if available;
A signature or other verification of authorship upon request (a scanned signature may be filed with the Objection). If you have trouble pasting your signature directly into your response, we suggest signing a piece of paper and taking a picture of it. Title it: "[Your Name]-Objector Signature". Attach this picture to your Objection submission;
When multiple names are listed on an objection, the lead objector must be identified;
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. In this case:
Name of Project: Taos Ski Valley, Gondola And Other Improvements Projects
Responsible Official: James Duran, Forest Supervisor
Name of National Forest on which the Proposed Project will be Implemented: Carson National Forest, Questa Ranger District;
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
A statement that demonstrates connection between prior specific written comments on the particular proposed project or activity and the content of the objection. Other, unrelated, Objections have used this language:
"Objector submitted, timely, specific, and substantive comments during the Public Comment Period on [Date] and during the scoping periods on [Date]. All points and issues raised in this objection refer to issues raised in that comment letter or are related to new information. Attached hereto are prior comments and we incorporate their arguments and scientific information by reference."
Incorporation of documents by reference is permitted only as provided in 36 CFR § 218.8(b)*.
*36 CFR § 218.8(b) says:
”Incorporation of documents by reference is not allowed, except for the following list of items that may be referenced by including date, page, and section of the cited document, along with a description of its content and applicability to the objection. All other documents must be included with the objection.
“(1) All or any part of a Federal law or regulation.
“(2) Forest Service directives and land management plans.
“(3) Documents referenced by the Forest Service in the proposed project EA or EIS that is subject to objection.
“(4) Comments previously provided to the Forest Service by the objector during public involvement opportunities for the proposed project where written comments were requested by the responsible official.”
Regardless of what 36 CFR says, we highly suggest that you attach a copy of your previous comments instead of including it by reference.
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Cut 'n Paste
USDA Forest Service
Attn: Michiko Martin, Regional Forester, Objection Reviewing Officer
333 Broadway Blvd SE
Albuquerque, NM, 87102
Submitted via https://cara.fs2c.usda.gov/Public//CommentInput?Project=61390
Re: Objection regarding Taos Ski Valley, Gondola And Other Improvements Projects
Objection Reviewing Officer,
The following objection is submitted on behalf of [myself, [Your Name]] [or Organization Name].
This Objection is filed pursuant to, and in compliance with, 36 C.F.R. Part 218, Subparts A and B. I have previously filed timely, specific and substantive written comments in accordance with 36 C.F.R. 218(a). As required by 36 C.F.R. § 218.8(d), Objector provides the following information:
1. The name and contact information for the Objector is listed below.
[Your Name]
[Your Address]
[Your Email Address]
3. [Your Name] is the Lead [and only Objector] for purposes of communication regarding this Objection.
4. The project that is subject to this Objection is “Taos Ski Valley, Gondola And Other Improvements Projects”. The Responsible Official is James Duran, Forest Supervisor, Carson National Forest. The National Forest on which the Proposed Project will be Implemented is: Carson National Forest, Questa Ranger District.
5. Objector submitted timely, specific, and substantive comments during the Public Comment Period on [Date] and during the scoping period [Date]. All points and issues raised in this objection refer to issues raised in those comments or are related to new information. Attached hereto are prior comments and we incorporate their arguments and information by reference.
6. In the following Statement of Reasons, Objector provides the specific reasons why the decision is being appealed and the specific changes or suggested remedies that are sought, along with the related evidence and rationale on why the decision violates applicable laws and regulations.
Cut 'n Paste
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For Reference here are Objections submitted by professional advocacy groups to other Forest Service Projects:
Winter Wildlands Alliance Snow King Objection - 2020
Tracy Ridge Shared Use Trails and Forest Plan Amendment Project - 2017
Greater Sage-grouse Draft ROD and LMPA for NFS Land in Nevada - 2020(?)
November 18, 2024
Rio Hondo Water Quality
The DISES Project has released its first draft report on water quality in the Rio Hondo.
You can read it here.
It concludes: "Water quality in general is very good in the Rio Hondo. Most parameters in the analysis were not detected or had concentrations far below water quality standards. There were measurable values for E. Coli and total Coliform, but only in terms of presence or absence and without showing the concentration, which would require a different analysis. The bacteria are indicative of human or animal fecal material entering the waterway, but studies were not done to identify the sources."
The DISES Project is a "collaborative, multidisciplinary research project envisioning community-led and scientifically-informed water management for the Rio Hondo watershed from the ground up. The project is organized by New Mexico State University’s (NMSU) Water Resources Research Institute in partnership Oregon State University (OSU) and is funded for up to five years through the National Science Foundation".
November 8, 2024
2024 Congreso de las Acequias
From the New Mexico Acequia Association:
"The Congreso de las Acequias 2024, “Semos Acequias! We Are Acequias!” is just around the corner! Join us next week on November 15th and 16th, in person at Highlands University in Las Vegas, New Mexico, or online via Zoom. We’re excited to share this year’s program overview with you to give a preview of our schedule and the rich topics we’ll explore together. You can also take a look back at last year’s Congreso with a video capturing the highlights. If you haven’t registered yet, there’s still time! Register today online at lasacequias.org/congreso/. We look forward to connecting with you next week as we honor and celebrate our acequia traditions together."
November 8, 2024
Upcoming Agricultural Events in Out Area:
Thanks to Will Jaremko-Wright, County Director, Agricultural/4H Extension Agent, for sharing this list of upcoming events.
Sunday November 10th 1:00 - 5:00pm - Del Fuego: Wildfire in Focus, a Community Resilience Event at Taos Center for the Arts. Panel discussion, short film, and green chile stew in this free event focusing on the community efforts to prepare and mitigate wildfire risk. See attached flyer.
Wednesday November 13th 5:30pm at the Juan I Gonzales Agricultural Center - Taos Farmer/Rancher/Acequiero Appreciation Dinner and Listening Session hosted by NMSU Cooperative Extension and partners. Please RSVP to the Taos County Cooperative Extension Office at 575-758-3982 or taos@nmsu.edu. See attached flyer.
Thursday November 14th 4:00pm-5:30pm - Informational Event on Incorporating Agrivoltaics (solar panels used in conjunction with agriculture) to your farm or ranch. There is a lot of federal and state funds (NM REAP Grant) that can pay for 85-95% of costs. Event hosted at Amigos Locale 330 Paseo del Pueblo Sur A with presentations by representatives from USDA, Positive Energy Solar, Paradise Power Company, and Agrivoltaics Consultant Mike Bauer. See attached Flyer.
Friday November 15th 5:30pm Presentation on Innovate Grazing on Public Lands - Lessons from the Three Creeks Project Dinner provided and hosted at Taos County Economic Development Corporation Offices. See attached flyer.
Saturday November 16th 12:00-4:00pm Traditional Harvest Meal hosted by Cristobal de la Serna Land Grant here at the Juan I Gonzales Agricultural Center. Enjoy community, a free meal and music by Los Bad Boys de Taos. See attached Flyer.
Wednesday December 4th 6:00pm at the Peñasco Community Center - Peñasco Farmer/Rancher/Acequiero Appreciation Dinner and Listening Session hosted by NMSU Cooperative Extension and partners. Please RSVP to the Taos County Cooperative Extension Office at 575-758-3982 or taos@nmsu.edu. See attached flyer.
Tuesday December 10th 5:30pm at Juan I Gonzales Agricultural Center - 2024 Taos County Fruit Season in Review Presented by NMSU Cooperative Extension Service- updates on codling moth monitoring project, pest activities, and updates for 2025 program. If you participated in the 2024 codling moth monitoring program, we'll be sharing the data recovered from you all and what was learned during the season, including an overview of what pests were most problematic and what to look out for next year. I'd also like to hear back from you all of what you liked about the program, and what we can add to it next year. Dinner is included, please RSVP to the Taos County Cooperative Extension Office at 575-758-3982 or taos@nmsu.edu. See attached flyer.
Wednesday December 11th - 10:00am-4:00pm at Juan I Gonzales Agricultural Center - Pesticide Applicator Training - 5 CEUs. This is a training with 5 CEUs available for anyone with an existing PRAP or PRRO pesticide licensure, including those participating and licensed for prairie dog control. Training will cover rodent control safety, pesticide labelling and regulations, calibration of equipment, and identification and treatment of northern New Mexico noxious weeds. Lunch included, please RSVP to the Taos County Cooperative Extension Office at 575-758-3982 or taos@nmsu.edu. See attached flyer, detailed schedule TBA.