This entry was posted on 12/19/2008 10:32 PM and is filed under update.
ROAR responded to BLM's request for comments on the Notice of Realty Action for Christo's Over the River proposal. The letter was submitted through our legal representative. By way of summarizing our points, the opening and closing paragraphs are printed immediately below:
Dear Mr. Vieira:
This firm represents Rags Over the Arkansas River, Inc. (“ROAR”),
and the purpose of this letter is to identify some concerns of ROAR’sboard of directors and its members about the
Over the River Project (“OTR”) plan and the current project review process.First, the OTR project plan is still
incomplete.Second, ROAR believes that
the Council on Environmental Quality’s (“CEQ”) guidance requires additional
scoping once a complete plan is submitted.Third, ROAR would like to suggest additional scoping issues to be
considered in the OTR environmental impact statement (“EIS”).Fourth, the OTR proposal is not consistent
with the 1996 Royal Gorge Resource Area Resource Management Plan (“RMP”), and
therefore an amendment to the RMP would be necessary before BLM can approve the
OTR.Finally, none of the OTR project plan,
the RMP, the original permit application, or BLM’s most recent National
Environmental Policy Act (“NEPA”) schedule on its website identify the type of
land use authorization that OTR seeks; this information is critical to
determine the proper review and project standards and allow informed public
participation in the NEPA process for the OTR proposal....
Conclusions
and Recommendations.
Based
on the foregoing, BLM’s determination that the OTR project is in conformance
with the RMP is in error.Further, BLM’s
determination that at least portions of the proposed lands (e.g., the Arkansas
Canyonlands ACEC) are open for the OTR Project is also in error.
BLM
should withdraw its Notice of Realty Action, require Christo to submit the
identified missing information, re-open scoping and forbid any OTR construction
or activity in the Arkansas Canyonlands ACEC.Further, once the OTR application is complete, BLM must amend the RMP
before it can approve the OTR project.
Thank
you for considering ROAR’s concerns as you go forward with NEPA review.