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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 Notice <br />of Appeal must be filed in this office at 2815 H Road, Grand Junction, CO 81501, within 30 days <br />from receipt of this decision. As the appellant you have the burden of showing that the decision <br />appealed from is in error. Enclosed is BLM Form 1842-1 which contains information on taking <br />appeals to the IBLA. This decision will remain in effect while the IBLA's decision is pending, <br />unless you request and obtain a stay under 43 CFR 4.21. If you request a stay, you have the burden <br />of proof to demonstrate that a stay should be granted under the criteria in 43 CFR 4.21. <br />If you wish to file a petition (request) pursuant to regulations 43 CFR 4.21 for a stay of the <br />effectiveness of this decision during the time that your appeal is being reviewed by IBLA, the <br />petition for a stay must accompany your notice of appeal. A petition for a stay is required to show <br />sufficient justification based on the standards listed below. Copies of this notice of appeal and <br />petition for a stay must also be submitted to each parry named in the decision and, to the IBLA, <br />and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original <br />documents are filed with this office. If you request a stay, you have the burden of proof to <br />demonstrate that a stay should be granted. <br />Standards for Obtaining a Stay <br />Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision <br />pending appeal shall show sufficient justification based on the following standards: <br />1. The relative harm to parties if the stay is granted or denied. <br />2. The likelihood of the appellant's success on the merits. <br />3. The likelihood of immediate and irreparable harm if the stay is not granted. <br />4. Whether the public interest favors granting the stay. <br />If you have any questions, please contact Eric Eckberg at (970) 244-3077, or at the above address. <br />Sincerely, <br />Katie Stevens <br />Field Manager <br />Grand Junction Field Office <br />Enclosure: Map of approved topsoil sources <br />