2021-03-22_PERMIT FILE - M2021018

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Bureau of Land Management Environmental Assessment Royal Gorge Field Office DOI-BLM-CO-F020-2019-0056 EA It is BLM policy to make mineral materials available in accordance with the Mineral Materials Act,provided adequate measures are taken to protect public land resources and the environment and that damage to public health and safety is minimized(43 CFR 3601.6). Since disposal of mineral materials is discretionary on the part of BLM,no disposals will be made if it is determined by the Authorized Officer that the aggregate damage to public lands and resources would exceed the public benefits that BLM expects from the proposed disposal. BLM will determine if the proposed project would result in no significant impacts (either because none exist or if they do exist,they can be adequately mitigated) during the EA process. Results and any mitigation developed through this environmental assessment and resulting decision document will be forwarded by BLM to the Colorado Division of Reclamation, Mining and Safety(CDRMS) and Fremont County, as needed, for inclusion into their respective permitting processes. 1.3.2. Applicant Goals For an applicant-proposed project, it is important for the purpose and need statement to be based on the applicant's goals and the agency's statutory authorities for consideration of that application. If it were not for the proposed project and agency authority to consider the proposal, there would be no permit application and no need for NEPA review in the first place. This interpretation is consistent with case law holding that"agencies may not define a project's objectives so narrowly as to exclude all alternatives"but"where a private party's proposal triggers a project, the agency may `give substantial weight to the goals and objectives of that private actor."'Biodiversity Conservation Alliance v. Bureau of Land Mgmt., 608 F.3d 709, 715 (IOth Cir. 2010); Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 255 196 (D.C. Cir. 1991), cert. denied, 502 U.S. 994(1991) ("When an agency is asked to sanction a specific plan, see 40 CFR 1508.18(b)(4), the agency should take into account the needs and goals of the parties involved in the application. . . . Perhaps more importantly,an agency should always consider the views of Congress, expressed,to the extent that the agency can determine them, in the agency's statutory authorization to act, as well as in other congressional directives"). Accordingly, where the agency action is in response to an application for permit or other authorization,40 CFR 1508.1(q)(3)(iv),the agency should consider the applicant's goals based on the agency's statutory authorization to act, as well as in other congressional directives, in defining the proposed action's purpose and need. 1.4. DECISION TO BE MADE The BLM will decide whether to approve the proposed"Mountain Valley Excavating—Mineral Materials Contract"project based on the analysis contained in this Environmental Assessment (EA). This EA will analyze the proposal to extract federal mineral materials under a mineral materials competitive contract to provide roadbase for road construction and maintenance and 5