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Issue 4: Submittal of an operating plan is required by FSM 2855, no operating plan was <br />submitted in support of the EA <br />Specific Allegation: The decision violates Forest Service Manual 2800 direction. An operating plan is <br />required as per FSM 2800 (2855-Operating Plans). The operating plan should have been submitted <br />before the EA was done, but the EA makes no mention of an operating plan. <br />Discussion: Page 9 of the EA under the heading "Design Criteria": <br />"Design Criteria are protective measures included as upfront features of the proposed action and help <br />address key issues brought up during scoping. These design features were derived from the mining plan <br />of operations submitted by the Gallegos Corporation;...." (emphasis added). The plan was submitted on <br />November 27, 2007, at the beginning of this NEPA process. <br />Recommendation: Affirm the District Ranger's decision on this issue. <br />Matthew J. Janowiak <br />Acting District Ranger, San Juan National Forest <br />Appeal Reviewing Officer <br />4 <br />1 t