In short: The comment documents that the agency's DEIS and Cost Benefit Analysis fail to reconcile the minimal national production impact of the rescission with the projected local economic losses and maintenance backlogs, and that the regulatory flexibility certification improperly generalizes impacts on small entities without assessing specific local operators or reliance interests.
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
- Recreation Tourism Public Use
- “I backpack in Turkey Pen in the South Mills River area and hike along the Davidson River”
- “My partner and I have paddled some stretch of almost every waterway in Western North Carolina”
- “recreation losses of at least $6.1 million a year”
- “outfitters, guides and tour operators as affected”
- Environmental Protection Biodiversity
- “among the most biodiverse temperate forests in North America”
- “Verified species of these forests include black bear, hellbender, brook trout, cerulean warbler, more than 30 endemic salamander species, and the northern long-eared bat”
- “sage grouse show strong site fidelity that limits how far they can adapt when habitat changes”
- “protect so future generations can enjoy them as well”
- Water Quality Quantity
- “Headwaters here flow to both the Atlantic and the Gulf”
- “378 municipal water intakes sit in watersheds containing affected roadless areas”
- “Opening these lands to road construction puts all of that at risk”
- Economic Impact Fiscal
- “total timber volume affected by this rule is less than 0.5 percent of total United States production”
- “net present value ranging from -$92 million to +$199 million”
- “road system already carries a $6.9 billion maintenance backlog”
- “reconcile the proposal with those numbers and explain how an action whose own analysis cannot establish a net benefit justifies expanding that road system”
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeLocal knowledgeAnalytical gapEvidenceRequestLegal