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US United States Forest <br />Rocky <br />740 Simms Street <br />Department of Service <br />Mountain <br />Golden, CO 80401 <br />Agriculture <br />Region <br />Voice: 303 - 275 -5350 <br />TDD: 303 - 275 -5367 <br />File Code: 1570 <br />Date: November 7, 2011 <br />Jeremy Nichols <br />WildEarth Guardians <br />1536 Wynkoop, Suite 301 <br />Denver, CO 80202 <br />Dear Mr. Nichols: <br />On September 26, 2011, you filed a Notice of Appeal (NOA) on behalf of WildEarth <br />Guardians, Earth Justice, Sierra Club and the Rocky Mountain Wild pursuant to 36 CFR <br />215. Grand Mesa - Uncompahgre - Gunnison Forest Supervisor Charles Richmond signed a <br />Decision Notice and Finding of No Significant Issue (FONSI) approving Alternative 2, Proposed <br />Action for the Federal Coal Lease COC -61357 Modification, Tract 5 on August 3, 2011. <br />Pursuant to 36 CFR 215.17 an attempt was made to seek informal resolution of the appeal. The <br />record indicates that informal resolution was not reached. <br />My review of this appeal has been conducted in accordance with 36 CFR 215.18 - formal review <br />and disposition procedures. I have reviewed the appeal record, including your written NOA, the <br />Decision Notice, Environmental Assessment (EA), and supporting documentation. I have <br />weighed the recommendation from the Appeal Reviewing Officer and incorporated it into this <br />decision. A copy of the Appeal Reviewing Officer's recommendation is enclosed. This letter <br />constitutes my decision on the appeal and on the specific relief requested. <br />ACTION BEING APPEALED <br />As required by 43 CFR 3420.4 -2, Forest Supervisor Richmond provided consent to BLM to lease <br />Forest Service- administered lands included in the Federal Coal Lease COC- 61357, Tract 5 in his <br />decision as follows: <br />Consent to the BLM to offer by non - competitive bid to Oxbow Mining, LLC the following NFS <br />lands: <br />T.12 S., R. 90 W., 6th PM in Gunnison County, Colorado <br />Sections 32 and 33, 156.77 acres <br />Offering the Modification, Tract 5 (totaling 157 acres containing approximately 35,000- 235,000 <br />tons of mineable federal coal reserves as estimated by the BLM) is responsive to the coal lease <br />application received on June 1, 2010. <br />UPS � <br />It Cool to Be Safe Printed on Recycled Paper W <br />