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Front Page » November 6, 2012 » Legal Notices » Notice of Decision
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Notice of Decision


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Final Environmental Impact Statement and Record of Decision
Sunroc Corporation 
Chicken Creek Gypsum Mine

	The Manti-La Sal National Forest has prepared a Final Environmental
Impact Statement (FEIS) in response to Sunroc Corporation's (Sunroc)
proposal to expand their open-pit gypsum mining operations on National
Forest System (NFS) Lands. 

	Sunroc is proposing a supplement to its existing approved Plan of
Operations (Plan) to include additional NFS lands for surface mining
that are not included in the currently approved plan.  The Plan
proposes to commence mining operations on NFS lands at the East Mine
and to expand operations at the West Mine.  The expansion area at the
West Mine is within the Levan Peak Inventoried Roadless Area. 

	The Chicken Creek Gypsum Mine is located approximately two miles east
of Levan, Utah, on the west slope of the San Pitch Mountains within
the Sanpete Ranger District.  The East Mine claims are located in
parts of Section 34, Township 14 South, Range 1 East, Salt Lake
Meridian and the West Mine claims are in parts of Section 4, Township
15 South, Range 1 East, Salt Lake Meridian.  

	Allen Rowley, Acting Forest Supervisor, Manti-La Sal National Forest
signed a Record of Decision on October 17, 2012 and selected
Alternative 3 - Approval of the Proposed Project with Forest Service
Mitigations (Forest Service Preferred Alternative).  This alternative
includes mitigations to protect non-mineral interests and minimize
environmental effects.  This decision best balances the need to
preserve and protect the integrity of watersheds and associated
ecosystems present while providing for the exploration and recovery of
the mineral resources. The selected alternative has been reviewed for
compliance with the Forest Plan. Activities meet the goals and
management direction provided by the Forest Plan. The decision is
consistent with Forest Plan direction and applicable laws.  

	This decision is subject to appeal pursuant to 36 CFR Part 215 and 36
CFR Part 251. 

36 CFR 215 Appeal Regulations

	This decision is subject to administrative review (appeal) pursuant
to 36 CFR Part 215. The appeal must be filed (regular mail, fax,
email, hand-delivery, or express delivery) with the Appeal Deciding
Officer. Written appeals must be submitted to: Regional Forester,
Intermountain Region, 324 25th Street, Ogden, UT  84401. The office
business hours for those submitting hand-delivered appeals are: 8:00
am - 5:00 pm, Monday through Friday, excluding holidays. Electronic
appeals must be submitted in a format such as an email message, pdf,
plain text (.txt), rich text format (.rtf), and Word (.doc or .docx)
to: FS-comments-intermtn-manti-lasal@fs.fed.us. The appeal must have
an identifiable name attached or verification of identity will be
required. A scanned signature may serve as verification on electronic
appeals.

	Appeals, including attachments, must be filed within 45 days from the
publication date of this notice in the Sun Advocate, the newspaper of
record. The publication date in the Sun Advocate, newspaper of record,
is the exclusive means for calculating the time to file an appeal.
Those wishing to appeal this decision should not rely upon dates or
timeframe information provided by any other source. 

	Individuals or organizations who submitted comments during the Draft
EIS comment period specified at 36 CFR 215.6 may appeal this decision.
Interest expressed or comments provided on this project prior to or
after the close of the comment period do not have standing for appeal
purposes. The notice of appeal must meet the appeal content
requirements at 36 CFR 215.14. Names and addresses of appellants will
become part of the public record.

36 CFR 251 Appeal Regulations

	This decision is subject to appeal pursuant to 36 CFR 251.82. Appeals
must meet the content requirements of 36 CFR 251.90. The notice of
appeal, including the reasons for appeal, must be postmarked or
received by the Appeal Reviewing Officer within 45 days of the date of
this decision. The notice of appeal must be filed with: Regional
Forester, Intermountain Region USFS, 324 25th Street, Ogden, Utah
84401; or by fax to 801-625-5277; or by email to:
appeals-intermtn-regional-office@fs.fed.us. Emailed appeals must be
submitted in pdf, rich text (rtf) or Word (.doc or .docx) and must
include the project name in the subject line. Appeals may also be hand
delivered to the above address, during regular business hours of 8:00
a.m. to 4:30 p.m. Monday through Friday. A copy of the notice of
appeal must be filed simultaneously with Allen Rowley at 599 West
Price River Drive, Price, UT 84501.

	Some decisions (i.e.: range and mining decisions) are often
appealable under both regulations, depending on who has commented and
who has standing. However, as identified in 36 CFR 215.1(b), decisions
which affect an authorized use or occupancy of NFS lands are subject
to appeal by the holders of such authorizations under either 36 CFR
215 OR 36 CFR 251, but not under both parts. The permittees must
choose between the 215 or 251 regulations.

	If no appeals are filed within the 45-day time period, implementation
of the decision may occur on, but not before, 5 business days from the
close of the appeal filing period. When appeals are filed,
implementation may occur on, but not before, the 15th business day
following the date of the last appeal disposition.

	For additional information or to obtain a copy of the FEIS for
review, contact Karl Boyer at 435-636-3551, email: kboyer@fs.fed.us. 
The FEIS will also be posted on the Manti-La Sal National Forest
website at:
http://www.fs.usda.gov/projects/mantilasal/landmanagement/projects
under Sunroc Corporation Chicken Creek Gypsum Mine.  
Published in the Sun Advocate November 6, 2012.
    
    

These legal notices, along with those from other fine Utah newspapers, can be viewed at www.utahlegals.com.


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