WSP08562

• File Number: 8149.700
• Description: Miscellaneous Small Projects and Project Studies - Homestake Project
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 5/16/1983
• Author: USDA Forest Service
• Title: Record of Decision for Homestake Phase II Project Final Environmental Impact Statement
• Water Supply Pro - Doc Type: EIS

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EXHIBIT 2

IN REPLY REFER T(

United States Department of the Interior

BUREAU OF LAND MANAGEMENT
GRAND JUNCTION DISTRICT
764 HORIZON DRIVE
GRAND JUNCTION, COLORADO 81501

2800
C-013867
7-130

April 13, 1983

Mr. Harold E. Miske1, Chairman
Homestake Steering Committee
Ci ty of Co 1 orado Spri ngs
P. O. Box 1103
Colorado Springs, CO 80947

Dear Mr. Miske1:

This is in further response to your letter of February 10, 1983, concerning
Phase II of the Homestake Project. None of the Federal agencies involved in
the Williams Fork Decision petitioned for a reconsideration. Therefore, those
portions of the Williams Fork Decision which directly affect BLM and the
Forest Service will stand as written.

Since there is no petition for reconsideration or appeal, the Wi11iam!s Fork
Decision will not be an impediment to our processing an application for
amendment of a pre-FLPMA right-of-way granted by the Department of the
Interior on Forest Service Lands. In addition, the appeal filed by the Cities
of Aurora and Colorado Springs on right-of-way C-013867 would not preclude BLM
from processing an amendment for the subject right-of-way since the issues
involved do not relate to amending the right-of-way.

The Cities should file an application for an amendment in our office to
authorize the additional facilities that have been applied for with the Forest
Service for the Homestake II Project. If there are facilities authorized
under the original right-of-way grant which have not yet been constructed and
which must be constructed as part of the Homestake II proposal, then the
Cities will either have to apply for reinstatement- of the right to construct
and withdraw the appeal, or wait until such time as their appeal is resolved
prior to commencing construction activities under the original grant. The
Cities can file an application for reinstatement of the right to construct
either as a separate action or as part of an application to amend the
right-of-way.

There is no time limit set for the Cities to file an application to amend the
right-of-way, nor is BLM under any timeframe to process such an application.
However, we will respond to any application filed by the Cities as
,expeditiously as possible, given our workload commitments.

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