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)

NFS#99-13-00-0016-A215

Date: August 4, 1999

Mr. Pierre D'Auray

385 Millionaire Drive, East

Boulder, CO 80302

Dear Mr. D'Auray:

We have completed the review of your appeal dated May 28, 1999. You are appealing the Record of Decision signed on April 12, 1999, by Regional Forester Lyle Laverty to issue an easement to the City of Boulder to operate, maintain, and reconstruct and/or replace the Lakewood Raw Water Pipeline across National Forest System lands. This project is located within the Arapaho and Roosevelt National Forests, Boulder Ranger District.

This review was conducted in accordance with 36 Code of Federal Regulations (CFR) Part 215 of the Secretary of Agriculture's Appeal Regulations. In accordance with 36 CFR 215.16, an informal disposition meeting was held on June 15, 1999, and there was no resolution to the issues. Interested party comments were received from the Office of the City Attorney in Boulder, Assistant City Attorney Sue Ellen Harrison. Bob Harberg attended the meeting on behalf of the City Attorney's Office. In accordance with 36 CFR 219.19, the Appeal Reviewing Officer (ARO) has reviewed the appeal record and has written a recommendation on the disposition of the appeal. As support to this response, I hereby incorporate the enclosed June 28, 1999, recommendation of the ARO.

The decision of April 12, 1999, was based on a review of the Lakewood Raw Water Pipeline Environmental Impact Statement (EIS), dated April 1999, and the Supplemental Environmental Impact Statement (SEIS), dated April 1999. The selection of an alignment corridor for the replacement pipeline was completed in compliance with the National Environmental Policy Act (NEPA).

The following issues were raised in your appeal:

1. The selected alternative would place the proposed pipeline across old mining and milling

workings;

2. that some of the working have naturally occurring radioactive materials in them; and

3. concerns about potential public health and safety issues resulting from these activities.

Based upon my review of the appeal and the recommendation of the ARO, the Regional Forester's decision is affirmed. I find that all issues raised in your appeal have been adequately addressed in the Revised/Final Mitigation Plan for this project. You have not provided any additional evidence or data, which would indicate the process used in the selection of the alternatives was legally flawed. Accordingly, I find the decision of the Regional Forester to be consistent with all applicable laws, regulations, and polices of the Agency.

Mr. Pierre D'Auray 2

This decision on your appeal constitutes the final administrative determination of the Department of Agriculture (36 CFR 215.18).

Sincerely,

/s/ James R. Furnish

JAMES R. FURNISH

Deputy Chief

National Forest System

Enclosure

cc:

Regional Forester, R-2

Sue Ellen Harrison, Office of the Attorney General, 1777 Broadway, 2nd Floor, Boulder, CO 80302

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