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2024-04-10_GENERAL DOCUMENTS - M1987012
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2024-04-10_GENERAL DOCUMENTS - M1987012
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Last modified
4/11/2024 9:32:43 AM
Creation date
4/10/2024 9:17:10 AM
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DRMS Permit Index
Permit No
M1987012
IBM Index Class Name
General Documents
Doc Date
4/10/2024
Doc Name
BLM Environmental Analysis Decision Letter
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BLM
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DRMS
Email Name
CCW
THM
Media Type
D
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Form 1842-1 UNITED STATES <br /> (September 2020) DEPARTMENT OF THE INTERIOR <br /> BUREAU OF LAND MANAGEMENT <br /> INFORMATION ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS <br /> DO NOT APPEAL UNLESS <br /> 1.This decision is adverse to you, <br /> AND <br /> 2.You believe it is incorrect <br /> IF YOU APPEAL,THE FOLLOWING PROCEDURES MUST BE FOLLOWED <br /> A person who wishes to appeal to the Interior Board of Land Appeals must file in the office of the officer who <br /> made the decision(not the Interior Board of Land Appeals)a notice that they wish to appeal A person served <br /> I.NOTICE OF with the decision being appealed must transmit the Notice ofAppeal in time for it to be filed in the office where it is <br /> APPEAL.....»-............-.......... required to be filed within 30 days after the date of service.If a decision is published in the FEDERAL REGISTER,a <br /> person not served with the decision must transmit a Notice of Appeal in time for it to be filed within 30 days after the <br /> date of publication(43 CFR 4.41 1 and 4 413). <br /> 2.WHERE TO FILE Bureau of Land Management <br /> NOTICEQFAPPEAL Coos Bay District <br /> 1300 Airport Lane <br /> North Bend,OR 97459 <br /> WITH COPY TO Regional Solicitor,PNW Region,Attn:Brian Perron <br /> SOLICITOR g8 <br /> U.S.Department of the Interior <br /> 601 SW 2nd Ave Suite 1950 • <br /> Portland,OR 97204 <br /> • <br /> 3.STATEMENT OF REASONS Within 30 days after filing the Notice ofAppeal,file a complete statement of the reasons why you are appealing. <br /> • This must be filed with the United States Department of the Interior,Office of Hearings and Appeals,Interior <br /> Board of Land Appeals,801 N.Quincy Street,MS 300-QC,Arlington,Virginia 22203. If you fully stated your <br /> reasons for appealing when filmg the Notice of Appeal,no additional statement is necessary <br /> (43 CFR 4 412 and 4.413). <br /> WITH COPY TO Regional Solicitor,PNW Region,Attn:Brian Perron <br /> SOLICITOR . . - - U.S.Department of the Interior <br /> 601 SW 2nd Ave Suite 1950 <br /> Portland,OR 97204 <br /> 4.SERVICE OF DOCUMENTS A party that files any document under 43 CFR Subpart 4,must serve a copy of it concurrently on the appropriate <br /> official of the Office of the Solicitor under 43 CFR 4.413(c)and 4.413(d).For a notice of appeal and statement of <br /> reasons,a copy must be served on each person named in the decision under appeal and for all other documents,a <br /> copy must be served on each party to the appeal(including intervenors).Service on a person or parry known to be <br /> represented by counsel or other designated representative must be made on the representative.Service must be <br /> made at the last address of record of the person or party(if unrepresented)or the representative,unless the person, <br /> party or representative has notified the serving party of a subsequent change of address, <br /> 5.METHOD OF SERVICE.... If the document being served is a notice of appeal,service may be made by(a)Personal delivery;(b)Registered <br /> or certified mail,return receipt requested,(c)Delivery service,delivery receipt requested,if the last address of <br /> record is not a post office box;or(d)Electronic means such as electronic mail or facsimile,if the person to be <br /> served has previously consented to that means in writing. All other documents may be served by(a)Personal <br /> delivery;(b)Mail;(c)Delivery service,if the last address of record is not a post office box;or(d)Electronic means, <br /> such as electronic mail or facsimile,if the person to be served has previously consented to that means in writing. <br /> 6.REQUESTFORSTAT.............. Except where program-specific regulations place this decision in full force and effect or provide for an automatic stay, <br /> the decision becomes effective upon the expiration of the time allowed for filing an appeal unless <br /> a petition for a stay is timely filed together with a Notice of Appeal(43 CFR 4.21). If you wish to file a petition for a <br /> stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Interior Board of <br /> Land Appeals,the petition for a stay must accompany your Notice of Appeal (43 CFR 4.21 or 43 CFR 2801.10 or 43 <br /> CFR 2881.10) A petition for a stay is required to show sufficient justification based on the standards listed below. <br /> Copies of the Notice of Appeal and Petition for a Stay must also be submitted to each party named in this decision and <br /> to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor(43 CFR 4.413)at the same time the <br /> original documents are filed with this office If you request a stay,you have the burden of proof to demonstrate that a <br /> stay should be granted <br /> Standards for Obtaining a Stay.Except as otherwise provided by law or other pertinent regulations, a <br /> petition for a stay of a decision pending appeal shall show sufficient justification based on the following <br /> standards:(I)the relative harm to the parties if the stay is granted or denied,(2)the likelihood of the appellant's success <br /> on the ments,(3)the likelihood of immediate and irreparable harm if the stay is not granted,and(4)whether the public <br /> interest favors granting the stay. <br /> Unless these procedures are followed,your appeal will be subject to dismissal(43 CFR 4.402).Be certain that all communications are <br /> identified by serial number of the case being appealed. <br /> NOTE:A document is not filed until it is actually received in the proper office(43 CFR 4.401(a)).See 43 CFR Part 4,Subpart B for general rules <br /> relating to procedures and practice involving appeals. <br /> (Continued on page 2) <br />
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