Comment Analysis · Docket FS-2025-0001

FS-2025-0001-289605

Opposes rescissionA1 strongSubstance 14/24Owed an answerPosted August 31, 2026 On Regulations.gov

In short: The comment establishes that road construction in the Tuolumne River IRA within the Stanislaus National Forest constitutes a discharge of fill material into jurisdictional waters under Clean Water Act Section 404, citing specific sediment deposition data and statutory authority to argue that the DEIS must quantify these discharges and that the rule should be retained rather than rescinded.

Scored directly — The comment's whole text was scored on its own.

Scorecard

Each dimension is scored 0–3; the eight sum to the substance score out of 24.

  • Specific placeNames a specific location — from a region down to an exact creek, trail, road, or map reference.
  • Local knowledgeDraws on a first-hand connection to the place — visits, sustained activity, occupation, or a professional role.
  • EA analysisEngages the agency's environmental analysis directly.
  • Analytical gapIdentifies something the analysis fails to address.
  • EvidenceBacks claims with specific facts, data, or research.
  • RequestMakes a specific, actionable request of the agency.
  • AlternativeProposes a different course of action.
  • LegalCites statutes, regulations, or legal obligations.

How hard it is to set aside

A1 strong: Must be answered — it names the law.

Owed an answer on Analytical gap, Legal.

Standard dismissals it defeats

  • Already addressed The agency says its analysis already covers the point. Defeated when the comment cites the law itself: there is no analysis to cite against a statutory claim.
  • Misreads the proposal The agency says the comment misunderstands what is proposed. Defeated when the comment engages the proposal or a named place directly.
  • No cause and effect shown The agency says the comment asserts a harm without showing how the action causes it. Defeated when the comment shows the mechanism.
  • Outside the scope The agency says the comment asks about a different action. Defeated when the comment is specific and tied to this proposal.
  • Certified not substantive The agency certifies the comment raises nothing substantive. Defeated when the comment alleges illegality, which is substantive by the definition the certification runs on.

Still open to the agency

  • Alternative already eliminated The agency says it considered and eliminated the alternative the comment proposes, with a reason. Cannot be defeated from the comment text alone.
  • Deferred to a later decision The agency says the point belongs to a later, site-specific decision. Cannot be defeated from the comment text alone.
  • Not required The agency says the analysis the comment asks for is not required. Cannot be defeated from the comment text alone.
  • Preference noted The agency notes the comment as a statement of preference and takes no action on it. Cannot be defeated from the comment text alone.

Topics

  • Water Quality Quantity
    • “jurisdictional waters of the United States protected under the Clean Water Act”
    • “placement of fill material — culverts, bridge footings, approach fills — into jurisdictional waters”
    • “70 percent of sediment deposition from roads constructed on the watersheds”
  • Recreation Tourism Public Use
    • “Spending time on public land teaches you things maps don't show”
    • “come together to camp and hike together and get lost in the wilderness”
    • “brings us peace, reminders of our responsibilities for our natural world”
  • Legal Regulatory Framework
    • “constituting discharge under Clean Water Act Section 404”
    • “the DEIS must disclose the number and location of jurisdictional waters”
    • “new laws or regulations, including this rule, can supersede existing forest plan management direction”

What it names

National Forests
Stanislaus National Forest
Roadless areas
Tuolumne River
Law cited
16 U.S.C. 160016 U.S.C. 1608

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Analytical gapEvidenceLegal

Dear USDA Leadership: Spending time on public land teaches you things maps don't show. Roadless character is one of them. Growing up in this wilderness area meant a deeper understanding of community, a sense of purpose and care for my land and food systems. Protecting our natural spaces has to be highest priority for Americans to keep our home beautiful. Among many days in these forests, one has stayed with me. Every year my father and I put aside work and life stress and come together to camp and hike together and get lost in the wilderness. It brings us closer but also brings us peace, reminders of our responsibilities for our natural world, and builds confidence as we navigate unfamilar territory. The considerations above inform the position set out in the remainder of this comment. Regarding the Tuolumne River in the Stanislaus National Forest, California: The Tuolumne River IRA, Stanislaus National Forest, encompasses jurisdictional waters of the United States protected under the Clean Water Act, including stream channels and associated wetlands subject to Section 404 permitting requirements. Every stream crossing required for road construction in the Tuolumne River IRA, Stanislaus National Forest, involves placement of fill material — culverts, bridge footings, approach fills — into jurisdictional waters, constituting discharge under Clean Water Act Section 404. For the Tuolumne River IRA, Stanislaus National Forest, the DEIS must disclose the number and location of jurisdictional waters, quantify fill material discharges at each potential stream crossing, and document the Section 404 permitting pathway for each discharge point. "In a study in three headwater watersheds in the mountains of central Idaho, 70 percent of sediment deposition from roads constructed on the watersheds, where the slope ranged from 15 to 40 percent, occurred during the first year after construction, and one-fourth of this deposition occurred during road construction (Ketcheson and Megahan, 1996). Sediment generally traveled less than 100 m from its source. Average sediment travel distances from fills, rock drains, berm drains, and landings were between 4 m and 20 m, while that from cross drains was 50 m. The maximum travel distance from some cross drains was more than 250 m." — U.S. Environmental Protection Agency “Just as development and approval of forest plans must conform to existing laws and regulations, new laws or regulations, including this rule, can supersede existing forest plan management direction. This rulemaking process does not require amendments or revisions to forest plans. The NFMA reaffirmed multiple-use and sustained-yield as the guiding principles for land management planning of National Forest System lands (16 U.S.C. 1600, 1604). Together with other applicable laws, the NFMA authorizes the Secretary of Agriculture to promulgate regulations governing the administration and management of the National Forest Transportation System (16 U.S.C. 1608). — USDA Forest Service (https://www.federalregister.gov/documents/2001/01/12/01-726/special-areas-roadless-area-conservation)” Retention, not rescission, is the decision the record supports. With urgency, Ellie CommentID: RLC-20260830-P1BKRN

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