United States    Forest        Washington      14th & Independence SW

Department of    Service       Office          P.O. Box 96090

Agriculture                                    Washington, DC 20090-6090

                                                                              

                                                     File Code: 1570-1(L)

                                                                97-13-00-0058-A215

                                                          Date: May 8, 1997


Andrew V. & Edwina L. Myers
P.O. Box 14                                CERTIFIED MAIL - R.R.R.

Crestone, Colorado  81131

Dear Appellants:

This is our response to your April 16, 1996, letter regarding your appeal of Forest Supervisor James B. Webb's December 13, 1996, decision.  Your appeal was filed under the conditions found in 36 Code of Federal Regulation (CFR) Part 215.  


While the regulation allows for discretionary review at the Chief's level in Parts 217 and 251 of the regulation, Part 215 do not allow for discretionary review at this level.  Pursuant to 36 CFR 215.12, it specifically states, "If the responsible official who made the decision is the Forest Supervisor, then the appeal deciding officer is the Regional Forester."


In Regional Forester Tom Thompson's April 15, 1997, decision, he correctly informed you that his decision constitutes the final administrative determination of the Department of Agriculture (36 CFR 215.18(c)).  Therefore, you have exhausted all administrative remedies.


Thank you for your interest in the management of our national forests.


Sincerely,

/s/ Lyle Laverty


LYLE LAVERTY
Appeal Deciding Officer

cc: Regional Forester, R-2