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1998 Interior Dec. (IBLA) 109 (1998)

handle is hein.amindian/ibla1998 and id is 1 raw text is: IN RE RED TOP SALVAGE I TIMBER SALE IBLA 98-3 Decided Januaty 6, 1998 Appeal fom a decision of the Roseburg District Office, Bureau of Land Management rejecting a potest to a poposed timber sale. OR-100-TS97-12. Affimied. 1. Timber Sales and Disposals Where the evidence establishes that, with respect to the specific timber sale under review, there is no basis upon which to support a finding that the sale is in violation of environmental constrainits, an appeal from the rejection of a potest of that sale will be denied, notwithstanding the fact that the record also would support a determination that other timber sales approved at the same time may not have been examined for conformity with applicable environmental standards. APPEARANCES: Fancis Eatherington, Roseburg, Oregon, for Umpqua Watersheds, Inc.; Alan R Wood, South River Resource Area Manager, for the Roseburg District Office, Bureau of Land Management OPINION BY ADMINISTRATIVE JUDGE BURSKI Umpqua Watersheds, Inc. (Umpqua), has appealed from a detemination ofthe Roseburg District Manager, Oregon State Office, Bureau of Land Management (BLM or the Bureau), rejecting a protest to the Red Top Salvage I (Red Top) timber sale, contmct No. OR-100-TS97-12. Umpqua has also requested that the Board stay action under this timber sale pending substantive review of its appeal as povided by 43 C.FR § 421(b), because, pursuant to 43 CFR. § 5003.3(f),the authorized officer decided to pmeeed with the sale during the pendency of the appeal. For reasons stated below, we affiin the decision under appeal and, accordingly, deny the request for a stay. The sale in question was conducted on August 26, 1997, and involves a total of 364 acies in six units. While all of the areas scheduled for harvesting are part of a salvage sale of trees which were downed and damaged by severe winter storms in December 1995 and January and February, 1996, two ofthese units (Nos. 3 and 4), aggregating 127 acies, are to be salvaged under a final regenemtion cut which would leave appoximately 12 to 18 tires per acre remaining after harvest. 142 IBLA 109

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