Draft EA Archive

Friends of the Rio Hondo

Semi-Official Forest Service Project Plan

https://data.fs2c.usda.gov/nepaweb/current-sopa.php?forest=110302#5

Commenting on the Forest Service's Draft Environmental Analysis for Taos Ski Valley Gondola and Other Improvements Project

March 27, 2023

Comments are due by 5/22/2023 11:59:59 PM (MDT). But remember the Forest Service's project website went down the day before comments were due for the Scoping Notice so you should submit your comments a few days before the deadline just to be sure.

The Project Home Page is here

The Draft Environmental Analysis is here

The supporting technical documents are here

Submit your comments here

Read the comments here

A guide to the NEPA process is here.

Even more information:

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There was a meeting at the Ski Valley on Thursday, March 23rd about the Draft Environmental Assessment. At that meeting we learned a number of important things:

If people submit duplicated remarks (like a form letter) they only get counted once, no matter how many people submit them.
For this round of comments remarks need to be "substantive". That means its not enough to say you are for or against the project. You need to say why you are for or against the project and provide evidence of what is wrong with the project.
The comments we all submitted during the Scoping Notice phase were read and put aside. The Forest Service did not address them directly in the Draft EA. But they say they will address them directly this time!

So instead of a form letter we are asking folks to resubmit the individual comments they made for the previous step (the Scoping Notice) but to change them (if needed) so they are "substantive."

We are also asking folks to read the Draft Environmental Assessment and identify areas of concern (errors, omissions, inaccuracies, etc.) and write substantive comments about those concerns.

Writing Substantive Comments:

When writing comments it's not enough to just say you are against the projects, you have to be specific about what is wrong with the Draft EA. Responses that don't address issues with the document won't have an impact on the Forest Service's decision making process. The first step is to read the Draft EA and the Technical Documents. Then identify errors in the EA. Finally write your substantive comments concerning the errors and submit them to the Forest Service.

What Substantive Comments Do:

Question, with reasonable basis, the accuracy of information in the EA;
Question, with reasonable basis, the adequacy of EA;
Present additional evidence other than that presented in the EA;
Present reasonable alternatives, including "No Action" alternatives, other than those presented in the EA;
Identify failures to follow NEPA and/or Forest Service Regulations; or
Cause changes or revisions in the proposal.”
Identify unaddressed relevant issues
Identify miscategorized intensity: For example if the Draft EA says an issue will only have a minor impact when there is evidence that it will have a major impact

These comments should be supported by links to verifiable data, reputable studies, or other information

such as maps, photos, and well-documented personal experience.

What Do Substantive Comments Look Like?

"The Draft Environmental Assessment failed to consider newly available water quality data from..." and include a link to the data and a description of why it is important
"The Draft Environmental Assessment did not avail itself of publicly available maps documenting the presence of Thompson's Kissing Frog in the project area. Those maps are available at...."
"Soil erosion is already occurring due to work in the project area. That erosion is readily visible at the project site and I have attached photographs."
"The EA uses the wrong methodology for analyzing the impact to wildlife of removing riparian areas. The methodology used is outdated and has been superseded by Frommer's Methodology among academics and professional wildlife biologists. The method used in the EA is wrong because it fails to properly calculate reproductive rates. Frommer's Methodology uses a proven, field verified method to calculate reproductive rates."
"An alternative to building a light rail line is to extend Olson's Trail to the Visitor's Center" and explain why you think this is a good idea.

You should follow-up your substantive comment with a proposal for how to improve the Draft EA. You may suggest one, or more than one, revisions. Including:

a. Modifying alternatives, including the proposed plan. For example, "An alternative to building a new Recreation Center is to repurpose the existing but unused Archuleta Pavilion" and explain why you think this is a good idea.

b. Developing and evaluating alternatives not previously given serious consideration. For example, "Require the builder to include culverts to allow turtles to safely pass under the road";

c. Supplementing, improving, or modifying analysis. For example, "The Environmental Analysis should be modified to include data from the latest University land use report.";

d. Making factual corrections. For example, "The Environmental Analysis should be modified to include the National Weather Service current estimate of annual rainfall of 10 inches per year";

e. Suggesting restrictions to the project. For example: "The new roadway should be required to be at least 100 yards from the fossil beds."

f. If you identify errors in the process suggest how to correct the error. For example, "The Analysis failed to include a No-Action alternative. The Environmental Analysis should be modified to include a No-Action alternative."

You can make non-substantive comments if you feel you need to provide context to your substantive comments, but the Forest Service will ignore any non-substantive comments. Better to spend your time writing substantive comments.

In general:

Be polite. Don't be angry or abusive
Be specific. Point out specific examples and evidence that support your position. If possible reference studies or public information that supports your position.
Be informed. Read the Draft EA and the Technical Documents and educate yourself on the NEPA process

Here is a template to help you get stated:

============= Copy n' Paste =============

May 12, 2023

James Duran, Forest Supervisor

℅ Paul Schilke, Winter Sports Coordinator

P.O. Box 110

Questa, NM 87556

Re: Taos Ski Valley Gondola and Other Improvements Projects Draft Environmental Assessment

Mr. Duran,

[Introduce yourself and state why you are interested in these projects]

[If you submitted comments about the Project in the past you should include a statement like:] I would like to incorporate all prior comments I have submitted since the first notice in the Federal Register, inclusive of my Scoping Notice comments for this process.

[Identify each item you are concerned about.]

[Explain why it is a problem.]

[Tell the Forest Service what action you want them to take]

[These items must be substantive for the Forest Service to consider them. See Above]

[Repeat for each item of concern]

Overall, I am asking you to remand the Draft Environmental Assessment for the Taos Ski Valley Gondola and Other Improvements Project and take additional time to consult with the affected communities, study the potential effects of the project and gather additional information before proceeding. Once all of that has been completed I'm asking the Forest Service to develop an Environmental Impact Statement for these projects.

Thank you in advance for acting on my concerns.

============= Copy n' Paste =============

Draft Environmental Assessment - Wrap Up

May 23, 2023

Wow, what an experience. Let's review what happened:

The surprise beginning of the Comment Period
The panic at realizing we only had 30 days to comment
Acequia de San Antonio and other acequia associations stepping up and demanding an extension
Getting the extension!
Taos Valley Acequia Association and New Mexico Acequia Association getting onboard and pushing hard
The snowstorm meeting at TSV
The demands for a moratorium
The Taos News supporting a moratorium and continuous coverage by La Jicarita
The chair-less meeting at the Sagebrush
More coverage in the Taos News
National support from Winter Wildlands Alliance
Lots of great, well written, substantive, comments with over 100 comments submitted the final day

Whew! That was a lot.

In the end we had about the same total number of comments as we got during the Scoping Phase. But the number of people who wrote in to support the Project dropped dramatically. That means we did a great job getting about 100 new people to submit pro-Rio Hondo, pro-Wilderness comments. The ratio of Pro-expansion to Anti-expansion comments went from 1-2 to 1-10 during this phase. Congratulations and a big "Thank You" to everyone who helped with that effort.

We think so fewer people submitted pro-expansion letters for two reasons. One, the pro-Rio Hondo, pro-Wilderness community did a great job getting the word out about what a bad idea these projects are. That includes expanded mailing lists, expanded outreach and the use of the local paper.

The Forest Service and TSVI helped us by being terrible at setting up and running the public meetings. We were able to publically use their incompetence to highlight the problems with the Project overall (but we can't expect them to continue being so helpful).

We think the second reason fewer people supported the Project was the water system catastrophes of last winter. A lot of the comments mentioned the water outages. We believe those problems changed a lot of people's minds about the situation up in the Ski Valley.

So what's next? Here's what Forest Ranger Paul Schlike was quoted as saying:

"...a draft environmental assessment of the project is expected to be completed as early as June, with a separate public comment period taking place in July or August. He expects the National Environmental Policy Act process to wrap up in January."

So, we get a few weeks off and then we are at it again. Keep your pencils sharp, there's more writing to be done. The good news is, we can reuse our letters and ideas from this phase as we move forward.

In the meantime we should be working on:

Organizing - Talking with groups concerned about similar issues. Finding ways to work together. Work on their issues, ask them to work on ours
Contacting our Local, State and Federal elected representatives - Don't just leave a message or send an email, ask to speak with them in person. Share your concerns and ask for follow-up.
Public outreach - Look for opportunities to speak to groups, get on the radio, send a letter to the editor or find places to show our concerns. Bring signs, bring friends, bring the kids and pets.
Witnessing - Go up to the Ski Valley regularly and see what they are working on. Take pictures, ask questions, share your information at FriendsOfTheRioHondo@gmail.com

The deadline for comments was Monday, May 22 at Midnight.

Looking for information on how to comment on the Draft Environmental Analysis for the Taos Ski Valley Gondola and Other Improvements project?

We set up a whole page for that here

Other resources:

The Project Home Page is here

The Draft Environmental Analysis is here

The supporting technical documents are here (Botany), here (SCC), here (Wildlife), and here (Soil and Water)

Submit your comments here

Read the comments here

Gondola Comment of the Day

May 22, 2023

Our last comment of the day come from Nora Herrera Oest. Nora submitted a hand written letter(!) and had this to say:

"They will have crossed every T and dotted every I, hired every expert and every attorney to tell us that there's nothing to see here, that they're taking care of everything, taking care of the environment, the trees, the river, the quality of the water. Not to worry, we have it covered. Well, no you don't...

"...Why another restaurant? Why deplete the water, the river, the very air we breathe with more and bigger? When is enough enough?"

When indeed?

You can read all the comments here

Thanks to everyone who submitted comments. The fight goes on...

Gondola Comment of the Day

May 21, 2023

There were lots of good letters today and it was hard to decide which one to showcase. But there was one letter that was extra special because it comes from one of our community's youth. So let's hear from Maria Garcia:

"In the recent years our water Quality and Quantity has gone down. The Rio Hondo River is nowhere from what it used to be. The water seems polluted, slimy and you can see an algae growing in the river that has never been there before. My dad is very concerned about this quality and is constantly telling us he is very worried it is affecting all our crops that we use for our cattle. Even our gardens don't seem to be the same anymore. This has to do with how dirty the water is. There is not even the same amount of water in the late summer like there used to be. I remember in the past when we didn't get that much snow in the mountains there was still enough water in the Rio Hondo to make it through the summer. Now the Taos Ski Valley expanding over the recent years, it has affected the amount of water and we are unable to work and produce crops off our land in the summer. "

If you have the time you might also check out the letters from Dr. Silvia Rodríguez and Erica Collins.

You can read all the comments here

Gondola Comment of the Day

May 20, 2023

Sarah Sloan submitted a heartfelt comment:

"Our economy and housing market have been drastically altered by these external entities, making the quality of living for the people here near impossible. I'm sure in your heart you can feel how upsetting this is to us, having our home and lives altered by people who have second and third homes, meanwhile we are struggling to maintain the houses that are our only shelter. This proposed gondola project is an extension of this sort of tone deafness and blatant lack of care for the communities here. Our mountains are sacred, and it is our job as citizens of this state to protect them. Please hear our prayers and please make the right decision, one that honors and protects our people, our ancestors, and our environment. Thank you for reading"

You can read all the comments here

Gondola Comment of the Day

May 19, 2023

Today's comment comes from the New Mexico Acequia Association. NMAA hits it hard with legal, cultural and historical analysis. Here's a snippet, but read the whole thing:

"The Forest Service 'Interdisciplinary Team” also arbitrarily concludes - with minimal to zero analysis - that “the proposed action would not change traditional lifestyles of those that live in Valdez, Arroyo Hondo, Arroyo Seco, or Taos Pueblo,' in spite of these numerous individuals, political entities and Indigenous sovereigns having explained to the Forest Service that the proposed action would in fact significantly affect their traditional ways of life, the natural resources they rely upon, and their health and well-being."

We'd also like to mention Bob Blair, who submitted a thoughtful and eloquent letter including:

"As the original small lodges and restaurants are being replaced with large multi-story structures with increased lodging, restaurants, retail spaces and condominiums, the need is created for expanded recreation opportunities. And as the infrastructure is put in place for expanded recreation, the opportunity and need for expanded guest facilities is incentivized. When does this feedback loop reach the limits of sustainability? Or has it reached its limits already?"

You can read all the comments here

Gondola Comment of the Day

May 18, 2023

The letter du jour comes from Diane Garrity. Plenty of great quotes in this one. Here's one, but you really should read the whole thing:

"Stewardship of the environment is the task before us as comments are considered about the proposed development of the Taos Ski Valley (TSV). Protecting and preserving the land, water and wildlife fall to community members to allow future generations we may never meet to enjoy the exquisite beauty that brought us here and those before us. We might need to sacrifice some things that might make TSV more user friendly or marketable in order to preserve and to protect. Protect not only the wildlife that lives with us, but also the wildlife’s migration patterns and habitats. Development for development’s sake should not be the guiding value of this process"

You can read all the comments here

Sagebrush Meeting Video

Posted May 17, 2023

OG Friend Phaedra Greenwood created a video from the May 9th meeting at the Sagebrush. Watch it:

Gondola Comment of the Day

May 17, 2023

Today's comment of the day comes from Hilary Eisen of the Winter Wildlands Alliance. Hilary submitted an 8 page letter that digs deep into the legal issues of the NEPA process. It's worth reading the whole thing, but here's a snippet:

"...the Forest Service only considered the proposed action alternative: there is no “no action” alternative discussed in the EA. But the law is clear that the agency should have considered and analyzed a no action alternative that would have provided an environmental baseline against which to evaluate the environmental consequences of the proposed action. Colorado Off-Highway Vehicle Coal., 505 F. Supp. 2d at 817 (D. Colo. 2007); Garvey, 256 F.3d at 1040 (10th Cir. 2001). Without an accurate environmental baseline, the Forest Service cannot accurately assess the environmental consequences of the proposed action."

Wow! We wish we'd said that.

And an honorable mention goes out to Friend Kevin Bersell who submitted a 58 page comment! Dude, turn off the computer, go outside and touch the grass!

You can read all the comments here

Gondola Comment of the Day

May 16, 2023

Only 4 comments were posted today. Today's featured comment comes from Whitney Knopp:

"KEEP OUR WILDERNESS WILD AND PROTECTED "

That's Whitney's entire comment. We appreciate their brevity and enthusiasm.

You can read all the comments here

Gondola Comment of the Day

May 15, 2023

USFS didn't post any comments today. So we went all the way back to April for a comment from Jon Klingel

"JOBS & MONEY

"The claim is that TSV is good for the communities, bringing in money and jobs. I think this was true when it was a small to medium size winter ski area that started in the 1950s. The claim of money and jobs has probably been true during the significant construction of the past few years. In the long term when the construction is done, it is probably not true. TSV flies people in on their plane, wisks them up to TSV where they stay in the resorts facilities and eat at the resorts facilities. After their vacation, they are wisked back to the TSV plane. The communities end up with degraded resources, less water, and a forest area that is crowded with people. TSV was one of the reasons we moved to Taos in 1974 for skiing, hiking and solitude. Now, it is the one place in Taos County we avoid. TSV has gone from being an asset to a detriment. The public has a right to know the full picture and all the impacts. A full complete honest EIS is needed, breaking the development down into the smaller EAs which has gone on for years, is not adequate or legal. "

You can read all the comments here

Wondering What a 5,000,000 Gallon Water Tank Looks Like?

Posted 5/15/2023

It's frickin' huge

Gondola Comment of the Day

May 14, 2023

[From now until the comment deadline we'll be highlighting one comment a day from the online Gondola comment portal]

Posted by Andy O'Reilly

"When weighing such an important resource management decision, it can be useful to look at how other similar resources are being managed. If a proposal is dramatically different than how other similar resources are being allocated then it may be worth more analysis, such as an EIS. For example, the City of Santa Fe's watershed also comes from a high mountain catchment. How is this watershed managed? Access is tightly controlled. All public access is completely restricted for protection of the watershed. Looking immediately south to the lands of the Taos Pueblo, how is this watershed managed? Again, the watershed is completely protected for its resource to the Taos Pueblo people, and for its part of the Pueblo's origination story which likely encompasses the fundamental, deep cultural knowledge that these places deserve reverence and protection. How do these resource management policies compare to what is being proposed in the Ski Valley. The difference in management b/t complete protection and a huge restaurant and a gondola right up the gut of the watershed is obvious and stark. With such a contrast, it is apparent that the assumptions being made in this development plan should be double checked, and the scrutiny of an EIS deserved."

You can read all the comments here

Debacle at the Sagebrush

Posted May 10, 2023, Edited May 11, 2023

Read about the meeting at

La Jicarita

Taos News

Listen to the meeting at Cultural Energy

=================================================

The Forest Service meeting at the Sagebrush Inn Tuesday night started out a hot mess but it was saved by the participants. We'll let Friend of the Rio Hondo Daniel Weeks describe what happened:

"The situation at the March 23rd meeting at TSV clearly showed the need for a "discussion" - a question and answer between the public and the officials. Significant concerns about confusion around the process and lack of adequate public input resulted in arrangements for another public meeting and extension of the comment period to May 22.

"The Advertisement for the May 9 meeting was: "Carson National Forest will hold a second public event to discuss the draft environmental assessment for resort projects proposed by Taos Ski Valley, Inc. The event will be an open house where attendees can ask specialists questions to help inform their comments before submission.

"What the public found tonight on arrival at the Sagebrush was a large conference room with booths representing various participants in this process. As I circulated [There were no chairs in the room], I did not find the State Engineer available to talk about water rights, the NEPA booth was staffed by the consulting firm SE Group (that is paid by the project proponent to prepare the Environmental Assessment), and most of the remaining booths were Taos Ski Valley Inc. or Carson National Forest Service employees with glossy brochures giving their spiels in the privacy of their booth space espousing the virtues of the proposed gondola and other projects.

"Clearly this was a bait and switch - expect a discussion and receive an open house. The dictionary defines "discussion" as a consideration of a subject by a group; an earnest conversation. The intention was obviously that this was not to happen. Fortunately, strong willed and compassionate people pulled out a PA and proceeded to make a discussion (of sorts) happen.

"In my opinion, this "meeting" was mostly a failure. There was no discussion between the public and officials to clarify details of the process and to have a healthy debate about the purpose and need of the proposed projects and their potential impacts. I even watched as some snickered in the background as impassioned statements were made by people potentially affected by the proposed projects.

"We need to be able to ask the proponents of the projects questions about purpose and need. We need to be able to ask the Forest Service about their assessment of the impacts and how they are advocating for the public in the process. We don't need third-party consultants (with conflicts of interest) answering the questions. Let's please try again. Hold another meeting with an honest debate and delay the comment period accordingly "

We'd also like to add that there was an armed Forest Service law enforcement officer present. We found this attempt at intimidation inappropriate and insulting.

Gondola Petition

Posted May 2, 2023

There's a petition going around calling for a moratorium on all new development at Taos Ski Valley and the Village of Taos Ski Valley. It was started by our friends in Arroyo Hondo. You can sign it here:

https://docs.google.com/forms/d/e/1FAIpQLSfRdH2MXQEnxNYE_68z-e3FW4Jr4nXmFGwGCdOwswfYbHpibw/viewform

Acequia de San Antonio in Valdez Asks Taos Ski Valley to Suspend Development

April 6, 2023

The Acequia de San Antonio in Valdez has sent a letter to Taos Ski Valley Inc., asking them to suspend development due to the water issues in the Ski Valley. The letter is hard hitting and, frankly, a little spicy:

"Given TSVI’s status as a B-Corp business, its expressed ethics in regards to its impacts on the local area and its fundamental responsibilities to others, it is TSVI’s responsibility to weigh the cumulative, foreseeable impacts that its development projects will have on the area’s human and natural environment. We believe negative impacts of development on the mountain are not only foreseeable but are already evident. Therefore we are asking the Taos Ski Valley Inc. to suspend further development on the mountain until the Village and Resort infrastructure can support further development with basic necessities such as water and sewage service and until TSVI can ensure no negative impacts to the larger community."

Read the full letter here

The Acequia says they are sending similar letters to the Forest Service, Taos County and the Village of Taos Ski Valley.

Similarly, the Taos News has an editorial in today's edition supporting the idea of limiting development until the Village's water system is fixed:

"...driving forward with continued development before that potentially yearslong project to fix the village's infrastructure is completed seems like it will only lead to more problems for the resort itself and exacerbate concerns for all water users who rely on the Rio Hondo."

Comments on Duplicating Comments

3/30/2023

We've had people contact us who are concerned that they might be wasting their time if they send in duplicate comments. At the March 23rd meeting the Forest Service said duplicated comments only count once. So it makes sense that people are concerned.

Here's what we think about that:

Don't worry about duplicating comments.

First, you can't count on someone else commenting on the same issue as you. The only way to be sure is to do it yourself.

Second, we read most of the comments from the Scoping Notice and from what we saw people who were saying the same thing were saying it differently. That is, even if people were making the same point they were using different examples and reasoning differently.

This diversity of explanation is a strength. The Forest Service is picky about what they will accept as a valid comment so the more people who contribute the more likely one of them will construct their comment in a way that the Forest Service will accept.

Third, we think that having a large number of comments advances our cause even if some of them are duplicated. There is a hidden political aspect to this process. We think if only three or four people commented, the Forest Service wouldn't value their contributions much, no matter how good those comments were. But if three or four hundred people comment, even if many are duplicates, it shows a broader base of support.

Remember the Forest Service works for politicians, politicians sit up and notice when lots of people are asking for something. Taos Ski Valley Incorporated is also more likely to take us seriously. Large numbers also show our strength to potential allies. If we want other organizations to support us, it helps if we show a lot of participation.

Duplicate Away!

Win! Forest Service Extends Comment Period for TSV Gondola and Other Improvements Project

3/29/2023

Today the Forest Service announced that they are extending the comment period for the Draft Environmental Analysis for the TSV Gondola and Other Improvements Project until Monday, May 15, 2023. They have also agreed to have another public meeting, time and place to be announced later.

Many acequias and private individuals asked for the extension and another public meeting. So this is a victory for them.

We had more good news today. The Forest Service posted a copy of the Taos Ski Valley 2021 Master Development Plan to their website. As far as we know, this plan has been unavailable since it was approved. When asked for the plan the Forest Service responded that it contained proprietary information and they could not release it. We've only just begun reading it but it seems to contain a lot of interesting information.

"What the TSV Master Development Plan Draft EA Does and Doesn’t Address"

March 19, 2023

La Jicarita online magazine has done nice job of summarizing some of the issues with the Draft Environmental Assessment for Taos Ski Valley Gondola and Other Improvements Project.

Read it here

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