Roger Flynn, Esq.
Western Mining Action Plan
1405 Arapahoe Ave.
Boulder, CO 80302

Laird Lucas, Esq.
Land and Water Fund of the Rockies
PO Box 1612
Boise, ID 83702

Representing Appellants:
Boulder White Clouds Council
Box 6313
Ketchum, ID 83340

Idaho Conservation League
Box 844
Boise, ID 83701

This is my decision on disposition of the appeal you filed on behalf of the Boulder White Clouds Council and Idaho Conservation League protesting the Regional Forester's Record of Decision to issue an interim supplemental plan of operations for 1999, for the Thompson Creek Mine on the Salmon-Challis National Forest in Idaho. My review focused on the decision documentation developed by the Regional Forester in reaching his decision, issues raised in the appeal, and comments submitted by interested parties. The Thompson Creek Mining Company and the Mineral Policy Center submitted interested party comments.

This decision is only evaluating whether or not the analysis provided is sufficient for the interim decision. Any future decisions regarding long term management will be appealable and subject to further review.

APPEAL REVIEWING OFFICER RECOMMENDATION

The Appeal Reviewing Officer has considered your arguments, the appeal record, and the transmittal letter and recommends the Regional Forester's decision be affirmed and your requested relief be denied.

DECISION

My review of your appeal was conducted pursuant to, and in accordance with 36 CFR 215.7 to ensure the analysis and decision are in compliance with applicable laws, regulations, policy and orders. I have thoroughly reviewed the appeal record, your arguments, interested party comments, the information referenced in the Regional Forester's May 3, 1999 transmittal letter (copy enclosed) and Appeal Reviewing Officer's analysis and recommendation (copy enclosed). The transmittal letter provides specific references to discussions in the Environmental Impact Statements, Record of Decision and project files which bear upon your objections. I specifically incorporate in this decision the appeal record, references and citations contained in the transmittal letter, and the Appeal Reviewing Officer's analysis and recommendation.

Based upon review of the references and citations provided by the Regional Forester, I find the objections were adequately considered in the Final Supplemental EIS and Record of Decision. I agree with the Appeal Reviewing Officer's analysis and conclusions in regard to your appeal objections. I find the Regional Forester has made a reasoned decision and has complied with all laws, regulations, and policy.

After careful consideration of the above factors, I affirm the Regional Forester's decision to implement the interim decision for the Thompson Creek Mine in accordance with Alternative 2. Your request for relief is denied. As noted above, this decision is only evaluating whether or not the analysis provided is sufficient for the interim decision.

My decision regarding the Record of Decision to approve an interim supplemental plan of operations constitutes the final administrative determination of the Department of Agriculture [36 CFR 215.18(c)].

Sincerely,

/s/ Paul Brouha

PAUL BROUHA
Appeal Deciding Officer
Associate Deputy Chief NFS

Enclosure (2)

cc: Regional Forester
Forest Supervisor
Thompson Creek Mining Company
Mineral Policy Center