In short: The comment documents that the proposed road construction in the Hermosa IRA, San Juan NF, threatens irreplaceable Indigenous cultural resources and asserts that the DEIS fails to adequately identify and analyze these historic settlements, requiring the gap to be closed before a record of decision is issued.
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
A2 moderate: Hard to dismiss — it shows cause and effect.
Owed an answer on Analytical gap.
Standard dismissals it defeats
- 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.
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.
- 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.
- 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.
- 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.
Topics
- Cultural Heritage Indigenous
- “sites of Indigenous settlements and communities that constitute irreplaceable cultural resources”
- “Diné people's sacred mountain of the north”
- “Section 106 of the NHPA requires federal agencies to consider the effects on historic properties”
- “directly threatened by the ground disturbance that road construction entails”
- Recreation Tourism Public Use
- “access to the Hermosa roadless area”
- “on foot, on my bike, or on skis”
- “ruin the peace that so many find in that place”
- “true source of peace and connection”
- Legal Regulatory Framework
- “The DEIS must close this gap before any record of decision issues”
- “Advisory Council on Historic Preservation”
- “negotiate an outcome that will balance project needs and historic preservation values”
- “authorize their destruction in ignorance”
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeLocal knowledgeEA analysisEvidenceRequestLegal