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Endangered Species Act(ESA). Therefore, you are required to file a Plan of Operations in this <br /> BLM Field Office. A specific form is not required but the Plan must contain all the information <br /> required under 43 CFR 3 809.401(b) in order to be considered complete. <br /> Appeal of the Decision <br /> If you are adversely affected by this decision, you may request that the Colorado BLM State <br /> Director review this decision. If you request State Director Review,the request must be received <br /> in the Colorado BLM State Office at 2850 Youngfield Street, Lakewood, Colorado, 80215-7210, <br /> no later than 30 calendar days after you receive or have been notified of this decision. The <br /> request for State Director Review must be filed in accordance with the provisions in 43 CFR <br /> 3809.805. This decision will remain in effect while the State Director Review is pending,unless <br /> you request and obtain a stay from the State Director. If you request a stay, you have the burden <br /> of proof to demonstrate that a stay should be granted using the standards and procedures for <br /> obtaining a stay from the Interior Board of Land Appeals (IBLA). <br /> If the State Director does not make a decision on your request for review of this decision within <br /> 21 days of receipt of the request, you should consider the request declined and you may appeal <br /> this decision to the IBLA. You may contact the Colorado BLM State Office to determine when <br /> the BLM received the request for State Director Review. You have 30 days from the end of the <br /> 21-day period in which to file your Notice of Appeal with this office at 210 West Spencer <br /> Avenue, Suite A, Gunnison, Colorado, 81230, which we will forward to IBLA. <br /> Under 43 CFR 3809.801(a)(1), if you wish to bypass a State Director Review,this decision may <br /> be appealed directly to the IBLA in accordance with the regulations at 43 CFR part 4. Your <br /> Notice of Appeal must be filed in this office at 210 West Spencer Avenue, Suite A, Gunnison, <br /> Colorado, 81230, within 30 days from receipt of this decision. As the appellant you have the <br /> burden of showing that the decision appealed from is in error. Enclosed is BLM Form 1842-1 <br /> which contains information on taking appeals to the IBLA. This decision will remain in effect <br /> while the IBLA's decision is pending,unless you request and obtain a stay under 43 CFR 4.21. If <br /> you request a stay, you have the burden of proof to demonstrate that a stay should be granted <br /> under the criteria in 43 CFR 4.21. <br /> If you have any questions,please contact me at(970) 642-4940 or contact our geologist, David <br /> Lazorchak, at(970) 642-4940. <br /> 4' Waters <br /> ly, <br /> L <br /> Field Office Manager <br /> Enclosure: Form 1842-1, Information on Taking Appeals to the Interior Board of Land Appeals. <br /> cc: Colorado Division of Reclamation, Mining and Safety <br /> Page 2 of 2 <br />