The URL can be used to link to this page

Home My WebLink About9565442800 (WYD090) WYW- 171120 Jason Thornock P.O. Box 160 Cokeville, WY 83114 United States Department of the Interior BUREAU OF LAND MANAGEMENT High Desert District Kemmerer Field Office 312 Highway 189 North Kemmerer, Wyoming 83101 i ca October 27, 2010 RECEIVED 11/5/2010 at 12:18 PM RECEIVING 956544 BOOK: 756 PAGE: 709 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CERTIFIED MAIL 7009 0080 0000 8868 3177 RETURN RECEIPT REQUESTED DECISION 006709 Right -of -Way WYW- 171120 Rights -of -Way Grant WYW- 171120 Re -Issue TAKE PRIDE ►NAM ERICA Enclosed is Right -of -Way Grant Serial Number WYW- 171120, authorizing an access road to private property across public lands. This grant is a re -issue to correct the legal description of the lands involved, and is approved by the Bureau of Land Management on October 27, 2010. This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR, Part 4 and the enclosed Form 1842 -1. If an appeal is taken, your notice of appeal must be filed in this office (at the above address) within 30 days from receipt of this decision. The appellant has the burden of showing that the decision appealed from is in error. If you wish to file a petition (request) pursuant to regulation 43 CFR 2801.10 or 43 CFR 2881.10 for a stay (suspension) of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted. Enclosure Right -of -Way Grant Re -Issue WYW- 171120 Form 1842 -1 Standards for Obtaining a Stay Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards: 1. The relative harm to the parties if the stay is granted or denied, 2. The likelihood of the appellant's success on the merits, 3. The likelihood of immediate and irreparable harm if the stay is not granted, and 4. Whether the public interest favors granting the stay. If you have any questions, please contact Jeanie Cattelan, Land Law Examiner, at 307 828 -4527. hn R. Christensen Field Manager 00 '710 Form 1 842 -1 (April 2006) INFORIVIATI 4. ADVERSE PARTIES (Continued on page 2) 1) UNITE,* STATES EPARTMENT OF THE IiNTER.IOR UREAU OF LAND MANAGEMENT N ON TAKING APPEALS TO THE INTERti u ;IA_ OF LAND APPEALS DO NOT APPEAL UNLESS 1. This decision is adverse to you, AND 2. You believe it is incorrect 000711 IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED 1. NOTICE OF APPEAL A person served with the decision being appealed must transinitthe Notice o A' f ppetil in time t'or it to be filed in the office where it is required to be filed within 30 days after the date of service. If a decision is published in the FEDERAL REGISTER, a person not served with the decision must transmit a Notice of Appeal in time for it to be filed within 30 days after the date of publication (43 CFR 4.411 and 4.413). 2. WHERE TO FILE NOTICE OF APPEAL Field Manager, Kemmerer Field Office, 312 Hwy. 189 North, Kemmerer, WY 83101 WITH COPY TO SOLICITOR Office of the Regional Solicitor, Rocky Mountain Region, 755 Parfet Street, Suite 151, Lakewood, CO 80215 3. STATEMENT OF REASONS..Within 30 days after filing the Notice of Appeal, file a complete statement of the reasons why you are appealing. This must be filed with the United States Department of the Interior, Office of Hearings and Appeals, Interior Board of Land Appeals, 801 N. Quincy Street, MS 300 -QC, Arlington, Virginia 22203. If you fully stated your reasons for appealing when filing the Notice of Appeal, no additional statement is necessary (see 43 CFR Sec. 4.412 and 4.413). WITH COPY TO SOLICITOR..Office of the Regional Solicitor, Rocky Mountain Region, 755 Parfet Street, Suite 151 Lakewood, CO 80215 Within 15 days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: (a) the Notice of Appeal, (b) the Statement of Reasons, and (c) any other documents filed (43 CFR Sec. 4.413). If the decision concerns the use and disposition of public lands, including land selections under the Alaska Native Claims Settlement Act, as amended, service will be made upon the Associated Solicitor, Division of Land and Water Resources, Office of the Solicitor, United States Department of the Interior, Washington, D.C. 20240. If the decision concerns the use and disposition of mineral resources, service will made upon the Associated Solicitor, Division of Mineral Resources, Office of the Solicitor, United States Department of the Interior, Washington, D.C. 20240. 5. PROOF OF SE VICE Within 15 days after any document is served on an adverse party, file proof of that service with the United States Department of the Interior, Office of Hearings and Appeals, Interior Board of Land Appeals, 801 N. Quincy Street, MS 300 -QC, Arlington, Virginia 22203, This may consist of a certified or registered mail "Return Receipt Card "signed by the adverse party (43 CFR 4.401(c)). 6. REQUEST FOR STAY Except where program- specific regulations place this decision in full force and effect or provide for an automatic stay, the decision becomes effective upon the expiration of the time allowed for filing an appeal unless a petition for a stay is timely filed together with a Notice of Appeal (43 CFR 4.21). If you wish to file a petition for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Interior Board of Land Appeals, the petition for a stay must accompany your Notice of Appeal (43 CFR 4.21 or 43 CFR 2801.10 or 43 CFR 2881.10). A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the Notice of Appeal and Petition for a Stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted. Standards for Obtaining a Stay. Except as other provided by law or other pertinent regulations, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards: (1) the relative harm to the parties if the stay is granted or denied, (2), the likelihood of the appellant's success on the merits, (3) the likelihood of immediate and irreparable harm if the stay is not granted, and (4) whether the public interest favors granting the stay. Unless these procedures are followed, your appeal will be subject to dismissal (43 CFR 4.402). Be certain that all communications are identified by serial number of the case being appealed. NOTE: A document is not filed until it is actually received in the proper office (43 CFR 4.401(a)). See 43 CFR Part 4, subpart b for general rules relating to procedures and practice involving appeals. 43 CFR SUBPART 1821—GENERAL BNFORMATRON Sec. 1821.10 Where are BLM offices located? (a) In addition to the Headquarters Office in Washington, D.C. and seven national level support and service centers, BLM operates 12 State Offices each having several subsidiary offices called Field Offices. The addresses of the State Offices can be found in the inost recent edition of 43 CFR 1821.10, The State Office geographical areas of jurisdiction are as follows: STATE OFFICES AND AREAS OF JURISDICTION: 0 OCY 712 Alaska State Office Alaska Arizona State Office Arizona California State Office California Colorado State Office— Colorado Eastern States Office Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States east of the Mississippi River Idaho State Office —Idaho Montana State Office Montana, North Dakota and South Dakota Nevada State Office Nevada New Mexico State Office- -New Mexico, Kansas, Oklahoma and Texas Oregon State Office Oregon and Washington Utah State Office -=Utah Wyoming State Office Wyoming and Nebraska (b) A list of the names, addresses, and geographical areas of jurisdiction of all Field Offices of the Bureau of Land Management can be obtained at the above addresses or any office of the Bureau of Land Management, including the Washington Office, Bureau of Land Management, 1849 C Street, NW, Washington, DC 20240. (Form 1842 -1, April 2006)