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 Thomas R. Mellish George A. Howie 48 Island Lake Way Marble, CO 81623 Dear Mr. Mellish and Mr. Howie, On September 4, 2009, you filed a notice of appeal pursuant to 36 CFR 215, appealing District Ranger Irene Davidson's decision to select the Proposed Action fi•om the Conger Rock Harvesting Area Environmental Assessment. 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, the Environmental Assessment (EA) and supporting documentation in the project record. I have weighed the recommendation from the Appeal Reviewing Officer and incorporated it into this decision. A copy of the Appeal Reviewing Officer'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 Mineral Materials Permit to obtain rock material from National Forest System (NFS) lands near Marble, Colorado. Gallegos Corporation desires to continue its operation onto forest lands and harvest rock talus material located adjacent to existing and ongoing operations at the Conger Rock Harvesting Area. The decision affects approximately 6 acres administered by the Forest Service within Gunnison County. APPEAL REVIEWING OFFICER'S FINDING AND RECOMMENDATION Appeal Reviewing Officer, Matthew Janowiak, District Ranger on the San Juan National Forest, found your appeal focused on: 1) the potential for violation of the Colorado Noise Statute 25-12- 103; 2) visual impacts will exceed the allowable thresholds for the Crystal River corridor, as described in the Forest Plan; and 3) potential violation of the Upper Crystal River Special Area Regulations of Gunnison County. The Appeal Reviewing Officer found that the documentation provided by the District Ranger demonstrated compliance with applicable laws, regulations, and policies in light of the issues raised in your appeal. Mr. Janowiak further found that District Ranger Davidson's decision was i; Caring for the Land and Serving People Printed on Recycled Paper