Forest Plan Amendment #55

USDA Forest Service

Malheur National Forest

Emigrant Creek and

Blue Mountain Ranger Districts

Grant and Harney Counties

August 2003

On August 4, 2003, Malheur National Forest Supervisor, ROGER W. WILLIAMS made a decision to implement the Preferred Alternative, Alternative 7 (modified) of the Silvies Canyon Watershed Restoration Project FINAL ENVIRONMENTAL IMPACT STATEMENT.

This decision will treat approximately 33,000 acres of forested stands in the project area with commercial, non-commercial and pre-commercial activities to reduce the overstocked stand conditions, as there exist currently. Activities also include felling conifers that have encroached into aspen and cottonwood clones and springs sites. Hand pulling of noxious weeds in twelve sites, prescribed burning over approximately 39,000 acres and closing or decommissioning approximately 87 miles of roads. Some reconstruction of roads will occur to eliminate sediment transport into streams, some pre-commercial treatments are scheduled in Dedicated Old Growth areas, and designation of acres to meet Forest Plan Standards in Replacement Old Growth area will occur. Modifications were made to silvicultural treatments in bald eagle and northern goshawk nest areas and northern goshawk post-fledgling areas to reduce adverse impacts to bald eagle, northern goshawks and big game cover.

The Record of Decision (ROD) and FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) are available upon request from the Malheur National Forest, P.O. Box 909, John Day, OR 97845 (541) 575-3000, and the Emigrant Creek Ranger District, 265 Hwy. 20 South, Hines, OR 97738 (541) 573-4300 either in hard copy or compact disc (CD) format and on the WEB at

The Record of Decision and Malheur Forest Plan Amendment #55 are subject to appeal pursuant to Forest Service regulations at Title 36 CFR Part 215. The Notice of Appeal including attachments must be filed (regular mail, fax, E-mail, hand delivery, express delivery, or messenger service) with the Appeal Deciding Officer: Appeal Deciding Officer, Pacific Northwest Region, USDA Forest Service, ATTN: 1570 APPEALS, P.O. Box 3623, Portland, OR 97208-3623 within 45 days from the day following the date the legal notice of this Decision is published in the Blue Mountain Eagle, John Day, Ore., the official newspaper of record. The newspaper of record is the exclusive means for calculating the time to file an appeal (215.15(a)) and those wishing to appeal should not rely upon dates or time frame information provided by any other source. Hand delivered appeals must arrive during the Appeal Deciding Official's normal business hours Monday through Friday 8 a.m.-4:30 p.m. Appeals can also be submitted by fax at (503) 808-2255 or electronically at electronically filed appeals must be in either .rft or .doc format. Only persons or groups who provided substantive comments during the comment period (215.6) may appeal.

Appeals must meet the content requirements at title 36 CFR 215.14. The appellant is responsible for providing the Regional Forester sufficient written evidence and rationale to show why my decision should be changed or reversed and must include the following:

1. Appellant's name and address (§215.2), with a telephone number, if available;

2. Signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the appeal);

3. When multiple names are listed on an appeal, identification of the lead appellant (§215.2) and verification of the identity of the lead appellant upon request;

4. The name of the project or activity for which the decision was made, the name and title of the Responsible Official, and the date of the decision;

5. The regulation under which the appeal is being filed, when there is an option to appeal under either this part or part 251, subpart C (§215.11(d));

6. Any specific change(s) in the decision that the appellant seeks and rationale for those changes;

7. Any portion(s) of the decision with which the appellant disagrees, and explanation for the disagreement;

8. Why the appellant believes the Responsible Official's decision failed to consider the substantive comments; and

9. How the appellant believes the decision specifically violates law, regulation, or policy.

When no appeal is filed within the 45-day time period, implementation of the decision may begin on, but not before, the 5th business day following the close of the appeal-filing period (215.15). If an appeal is filed, implementation may occur on, but not before, the 15th day business day following the date of the 45-day appeal disposition period (215.2). In the event of multiple appeals of the same decision, the implementation date is controlled by the date of the last appeal disposition. For additional information concerning the specific activities authorized with my decision, you may contact: Lori Bailey, Silvies IDT Leader, Emigrant Creek Ranger District, 265 Hwy. 20 S. Hines, OR 97738 (541) 573-4300 or Steve Cossette, Forest Planner, Malheur National Forest, P.O. Box 909, John Day, OR 97845, (541) 575-3000.

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