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Appeal <br />Of <br />Decision Notice <br />And <br />Finding of No Significant Impact <br />For <br />Conger Rock Harvesting Project <br />Aspen- Sopris Ranger District <br />White River National Forest <br />Gunnison County, Colorado <br />T1 IS, R88W, Sections 21 & 22 <br />Deciding Official - Irene L. Davidson, District Ranger <br />Decision Date - 7-17-2009 <br />I have determined that I have appeal rights under 36 CFR 215.11 (a) "Decisions for <br />projects and activities implementing land and resource management plans (§ 215.2) <br />documented in a Record of Decision (ROD) or Decision Notice (DN), including those <br />which contain a non-significant amendment to a land and resource management plan as a <br />part of the decision;" I have reviewed the DN & Finding of No Significant Impact <br />(FONSI) for the above mentioned project. <br />First I believe that the Deciding Officer did not answer any of my substantive comments <br />submitted in my response to the Environmental Analysis (EA) for the above project. The <br />two basic points I made, were: <br />1. The White River National Forest has not withdrawn minerals from entry as per <br />the Land & Resource Management Plan (LMP) for the White River National <br />Forest (see attached comments). <br />2. The Deciding Official, has not made a determination that the project is in the <br />public interest as required in the LMP (see attached comments) and Forest <br />Service manual 2850 ("2850.3 - Policy 1. Dispose of mineral materials only when <br />the authorized officer determines that the disposal is not detrimental to the public <br />interest and that the benefits to be derived from a proposed disposal exceed the <br />total cost and impacts of resource disturbance.). <br />3. The Deciding Official has not made an appraisal of the fair market value as <br />required in 36 CFR 228.48 (228.48 Appraisal and measurement. (a) Appraisal. <br />All mineral materials for sale must be appraised to determine fair market value. <br />Appraisals must be based on knowledge of the extent of the deposit, quality of <br />material, and economic value. A sale must not be made at less than the appraised <br />value which may be expressed as either price per cubic yard or weight equivalent.