2009-12-03_REVISION - M1998022 (4)

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Subject: Osier Appeal Recommendation Memorandum for the Conger Rock Harvesting Project, Aspen- Sopris Ranger District, White River National Forest To: Appeal Deciding Officer 1 have reviewed the administrative record supporting the Decision Notice signed by the Aspen-Sopris District Ranger, Irene Davidson on July 17, 2009, selecting the proposed action for the Conger Rock Harvesting Project. The decision was appealed by Gary T. Osier. The review of the record was supported by Diana McGinn from the Nebraska National Forest and Chelsea Vollmer from the Black Hills National Forest. The Conger Rock Harvesting Project approval allows the Gallegos Corporation to manually harvest decorative rock from a surficial talus deposit on 5.86 acres of Forest Lands. The decision limits the rock harvest to 1,244 tons per year and limits the period of operations from June 21 through October 31. Manual harvesting will be supported by a forklift (bobcat) and flatbed truck. The decision prohibits long- term equipment storage, material staging, or structures on National Forest System (NFS) lands. The project site is a talus-covered slope overlooking the Crystal River. Rock harvesting occurred since 1998 on the private land adjacent to the NFS land, under a Colorado Division of Reclamation and Mine Safety permit. There are several subdivisions on the valley floor and adjacent uplands. Appeal Points: • Mineral Withdrawals- the plan identified the Crystal River corridor as eligible for wild and scenic designation, and supported withdrawal from mineral entry (violates the Forest Plan) Lack of a determination that the project is in the public's interest (violates FSM and Forest Plan) • There is no appraisal of market value of mineral materials (violates FSM) • Submittal of an operating plan is required by FSM 2855, yet no operating plan was submitted in support of the EA. Summary Recommendation: I recommend that the District Ranger's decision be affirmed on all points. I found that the District Ranger fully considered the appeal topic and there is no violation of regulation, policy or law as asserted in the appeals. Issue 1: Mineral Withdrawals - the plan identified the Crystal River corridor as eligible for wild and scenic designation and supported withdrawal from mineral entry (violates the Forest Plan) Specific Allegations: The White River National Forest has not withdrawn minerals from entry as per the Land and Resource Management Plan (LMP) for the White River National Forest. 10 -K -09