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 # 99-13-00-0050-A215

Date: November 1, 1999

Mr. Edward Eryns

SAGA MOTEL

820 W. Highway 66

Flagstaff, AZ 86001

Dear Mr. Eryns:

We are in receipt of your undated appeal letter. You are appealing Regional Forester Eleanor S. Towns' August 6, 1999, decision on the Tusayan Growth Record of Decision (ROD). The ROD documents the approval of Alternative H, a land exchange between the Forest Service and Canyon Forest Village Corporation of Grand Canyon Exchange Limited Partnership. Your appeal was reviewed in accordance with 36 Code of Federal Regulations (CFR) Part 215 of the Secretary of Agriculture's Appeal Regulations.

The notice of decision for this project was published in the Albuquerque Journal, Arizona Republic, and Arizona Daily Sun on August 12, 1999. Pursuant to 36 CFR 215.13, a person must submit a written appeal to the Appeal Deciding Officer within 45 days of the appeal filing period. The day after the publication of the public notice is the first day of the appeal filing period which can not end on a Saturday, Sunday, or Federal holiday. Where there is a question about timeliness of an appeal, the U.S. Postal Service postmark on a mailed appeal will be used to determine timeliness. The appeal filing period for this project ended on September 27, 1999. Your letter was postmarked September 28, 1999.

Therefore, we are dismissing your appeal without review in accordance with 36 CFR 215.15(a)(1), which states an Appeal Deciding Officer must dismiss an appeal without review when it is not postmarked within the 45-day period. Your letter is enclosed.

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

Sincerely,

/s/ Paul Brouha

PAUL BROUHA

Appeal Deciding Officer

Enclosure

cc:

Regional Forester, R-3