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• Release of any reclamation bond is contingent upon the success of reclamation. <br />SCOPINGASSUES: <br />A legal notice describing the details of the proposed action was published in the Fairplay Flume <br />on May 24, 2013 with a 30 day comment period. An external scoping was mailed to agencies <br />and individuals with an interest in the area on June 27, 2013 with a 30 day comment period. The <br />Colorado Division of Water Resources responded with concerns regarding Mr. Garrison's <br />proposal to draw water from Beaver Creek for use through his highbanker, and with the Forest <br />Service's proposal that Mr. Garrison use a sediment pool before releasing water back into Beaver <br />Creek. The issues were with priority use and possible depletion. Through a series of discussions <br />which included the Colorado Division of Reclamation, Mining and Safety, the Colorado Division <br />of Water Resources and the Forest Service, a solution was reached whereupon Mr. Garrison <br />would be required to bring water in via a tank which had been filled from an approved source, <br />and used in a contained, closed system so that sediment collection could occur without any <br />depletion. No other responses, issues, or concerns were received as a result from public scoping. <br />An internal scoping was begun on July 10, 2012 and the above design criteria are the result of <br />their responses. <br />REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION: <br />The proposed action falls within category 36 CFR 220.6(e)(3) Approval, modification, or <br />continuation of minor special uses of NFS lands that require less than five contiguous acres of <br />land. <br />FINDINGS REQUIRED BY OTHER LAWS <br />The proposed action is consistent with the Pike and San Isabel National Forests, Comanche and <br />Cimarron National Grasslands Land and Resource Management Plan (the Forest Plan) as <br />required by the National Forest Management Act. The actions in this project are in full <br />compliance with the Forest Plan, Management Area Direction, including that contained under the <br />various management prescriptions and the Forest -wide standards and guidelines (See Chapter II). <br />APPEAL OPPORTUNITIES AND IMPLEMENTATION DATE <br />On February 7, 2014, the President signed into law the Agricultural Act of 2014, Public Law <br />Number 113 -79 (i.e., Farm Bill). Section 8006(a) of the 2014 Farm Bill repealed the Appeals <br />Reform Act, Public Law Number 102 -381, 106 Stat. 1419 (1992). Section 8006(b) directs that <br />the pre - decisional objection process established in Section 428 of division E of the Consolidated <br />Appropriation Act of 2012, Public Law Number 112 -74, shall not be applicable to categorically <br />excluded projects or activities. Therefore, this decision is not appealable. <br />5 <br />