Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01382-ZLW-KLM

DocumentBRD 44-6
Boulder

Filed 06/25/2007

PAGE 0 , 3 9!6 Page 1 of 2

JSDA

United States

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Dopwtmenr of
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Ranger Diorricr

40 Ynrmoutb Avenire ~ ~ l d eCO 80301-1615 r, Vnice: (303) 541-2500 Web: m.fs.fcd.ur/r2/rrnf Fax: (303) 541-2515

File Code: 2730-1
Date:

October 2,2006

Kenneth E. Peper P.O. Box 57 H,ygiene, CO 80533

Return Receipt Requested 7003 0500 0001 51.25 1239

Dear Mr. Pepa-:
During a review of: the infclrmation you provided in connection witla your applicaticln 'for access to the May Queen Lode (MS 1831 7), we determined that additional infomation is needed, As you may recall i.n my letter to you on Jan.uary 29,2002, i.t stated that additional, information would be required for processing your application. Th.einformation listed below is needed to fully analyze the effects as rsquired under the National Environmental Policy Act (NEPA):
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The proposed access route needs to be flagged, This will allow our resource specialists to
idmtifj, your proposed route and enable them to datemine potential affects, What is your expected use of the private proprrty? Do you have plans to construct any ,facilities? IF so, what me your timeframes for construction?
Whac type of access are you requesting-motorized or n.on-motorized? What ,typeof vehiclds do you expect to use to access the private property? (i,.e. 4-wheel drive, low clearance passenger vehicle? walking, snowmobile or ATV)

Haw many round trips d.o you expect to make into the propefiy on an annual basis?

Consid,eringthe type of vehicle you expect to use on the road, what type omf maintenance, rcconstmction and/or construction of the route would be naded? Please take into consideration that a portion of the requested access routc is currently managed and used as a, non-motorized
trail.
Are you applying for year round access? What times of the year do you expect access to the property? Please take into consi,derationa portion 08F access is across a road currently the managed as a county road and does not wceive snow removal. If you plan to plow snow from the county road, we will need a copy of your authorization from ~ o u l d e County prior to being r authorized to remove snow on Nntion,al Forest System land.

When do you plan to construct the bridge and begin any maintenance, reconstruction and construction of roads on National Forest System land?
At my request, you revised your application and formed a Road Associati,on.From your
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application, it appears the proposed access route only provides access to the May Queen Lode.
Arc thcre other members of the Road Association and what access needs CIQthey hwe?

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The SF-299 application you submitted on November 12,2001, item 12, requested you to "Gi,ve statement of your technical and financial capability to construct, operatc, maintain and terminate system

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Crrinv fnr the Land and Serving Peoole

Prinfnd on ~acvctecl Paper

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Case 1:04-cv-01382-ZLW-KLM

Document 44-6 BRD

Filed 06/25/2007

Page 2 of 2
PAGE

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(in this case the road and bridge) for which authorization is being requested". Your answer was '?\i'/An but this question needs to be answered. Please provide information documen.ting 1-csurability to hi.= someone with rhc: technical ability to design and maintain the road and bridge.
We need this in,fonnation before we can complete an environmental analysis and make a final decision regard.ing your application. The resource specialists me visiting the site on October 5,2006 and it is my understanding that you will he at the site as well that day. 'Ibis will all ow the resource specialists to ask any additional questions they may have about the project at that time.

For our analysis we will need an outline of your plan for reconstruction and bridge design. If an authorization is issued and before any constsuction/reconstructionmay begin, we will need:
A bridge design prepared by a 1,icm.sedengineer for the proposed bridge locarion and type of vehicle to cross bridge. This should include: Q a written description of the installation procedure o eq,ujprnent needed for the installation and any access requirements ( i . ~ tumin.g radius, . height, width and ground clcarance) Road constructiodreconstru~tion plans, in,cludingdrainage structures znd hardening of the existing ford. Planned post constnict rehabilitation of construction impacts on hiatj,onal Forest System 1,ands.

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Thcse plans must be approved by the Forest Supervisor and our Regional Engineering staff prior to

any

construction/reconstructionbeginning. Pnor to your engineer beaming hjs or hcr work, please contact me so that I can pur them in contact with our Forest Engineer. They can then discuss any requirements for bridgcs on the National Forest.
Please submit this information to me by October 20,2006.

If you have any questions, please contact Mike Johnson at 303-541-2534,

Sincerely, A.

CHRISTINE M. WALSH District Ranger