2009-12-03_REVISION - M1998022 (4)

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USDA United States Forest White River Supervisor's Office Department of Service National 900 Grand Avenue Agriculture Forest P.O. Box 948 Glenwood Spgs., CO 81602-0948 (970) 945-2521 TTY (970) 945-3255 FAX (970) 945-3266 File Code: 1570-1 Date: October 13, 2009 Gary T. Osier 825 Cedar Dr. Rifle, CO 81650 Dear Mr. Osier, On July 26, 2009, you filed a notice of appeal pursuant to 36 CFR 215, appealing District Ranger Irene L. Davidson's decision to select a modification of the Proposed Action of the Conger Rock Harvesting Project. District Ranger Davidson signed the Decision Notice (DN) on July 17, 2009, and the legal notice of the decision was published in the Aspen Times Weekly on July 26, 2009. I have reviewed the appeal record, including your appeal, the DN and Finding of No Significant Impact, Environmental Assessment, and supporting documentation in the project record. I have weighed the recommendation from the Appeal Reviewing Officer, Matthew Janowiak, District Ranger on the San Juan National Forest, and incorporated it into this decision. A copy of Mr. Janowiak's recommendation is enclosed. This letter constitutes the appeal decision on the specific relief requested. DECISION APPEALED According to the project record, the purpose of the appealed decision was to determine whether to provide the Gallegos Corporation with a Minerals Material Permit to obtain additional rock material from National Forest Service lands near Marble, Colorado. Gallegos Corporation desires to continue its operations onto adjacent forest lands and harvest rock talus material located directly adjacent to existing and ongoing operations at the Conger Rock Harvesting Area. The Analysis Area contains approximately 6 acres administered by the Forest Service within Gunnison County. APPEAL REVIEWING OFFICIER'S FINDING AND RECOMMENDATION Appeal Reviewing Officer Janowiak found that your appeal had three primary claims: 1) the decision violates the White River National Forest Land and Resource Management Plan, 2) the decision violates 36 CFR 228, and 3) the decision violates Forest Service Manual 2800 direction. Mr. Janowiak found that documentation provided by District Ranger Irene Davidson demonstrated compliance with applicable laws, regulations, and policies in light of the issues raised in your appeal. Mr. Janowiak found that District Ranger Davidson's decision was an appropriate and reasonable response to direction in the White River National Forest Land and tins i0 Caring for the Land and Serving People Printed on Recycled Paper