Mr. Gerrick Beck
930 Baca Street, #10
Santa Fe, NM 87505

Dear Mr. Beck:

During your telephone conversation with Lynn Bidlack on June 2, you requested that the Forest Service review three additional possible gathering site locations. We have coordinated with the appropriate Forest Supervisors' offices-the Ashley National Forest and the Wasatch-Cache National Forest-to obtain information regarding obvious concerns with the sites. The Forests responses are summarized in the, enclosure.

As you know, a Utah State Mass Gathering Permit is required for any site you may select in Utah. We again encourage you to quickly identify this year's gathering site location, contact the appropriate county offices, and work with the State on their permitting process. As a reminder; the Secretary of Agriculture's non-commercial group use regulations at 36 CFR 251.54(g)(3)(ii)(E) require that "the proposed activity does not violate State and local public health laws and regulations as applied to the proposed site...." State requirements must be met before a Forest Service special use permit would be issued.

Please contact Lynn Bidlack (801-625-5141) or Malcolm Jowers (828-667-5261, ext. 122) if you have questions.

Sincerely,

ELIZABETH G. CLOSE
Director, Recreation

Enclosure

In many respects, this area is suited for a large gathering. An environmental assessment (EA) and site plan were prepared for a proposed 2002 Mountain Man Rendezvous event involving about 2,000 people and 400 vehicles. However, that event was subsequently moved due to unexpected fire restrictions. The site plan could be used and adapted for a very large noncommercial group use gathering.

If a non-commercial group use permit were issued for this area, we would need to address the following items in the operating plan:

Access to Elk Park is on a good quality gravel road. This road is used to reach a popular campground just west of Elk Park, as well as connecting with other main routes in the Sheep Creek/Summit Springs area. The additional volume of traffic associated with a large gathering during the July 4th holiday period is cause for concern, but could probably be managed with extra patrols and signs cautioning people to reduce driving speeds. All vehicle travel would be restricted to existing routes.

Parking would be permitted in designated areas only. No vehicle traffic would be permitted in wet portions of the meadow.

Raking and reseeding would be required for trampled areas after the gathering.

1. The proposed gathering site includes goshawk territory, as does an adjacent drainage (about 0.5 mile away). The goshawk is a regionally sensitive species, as well as a management indicator species for the Ashley National Forest. The Ashley's Forest Plan, as amended to incorporate conservation measures for the goshawk, has the following guideline to protect nest areas:

"In active nest areas (approximately 30 acres...), restrict Forest Service management activities and human uses for which Forests issue permits during the active nesting period (does not include livestock permits) unless it is determined that the disturbance is not likely to result in nest abandonment. If the disturbance is likely to result in abandonment, a biological evaluation (BE) must be completed. To implement the action, the BE must conclude that the action is consistent with the intent of the Conservation Strategy and Agreement for the Northern Goshawk in Utah."

A large gathering in late June - early July could lead to reduced chick survival and possibly complete nest failure in one or both territories due to disturbance. Issuance of a permit would, therefore, conflict with this guideline. There is some room for discretion when applying Forest Plan guidelines to individual projects; however, the decision document would need to present a clear rationale for choosing to permit actions outside of Forest Plan guidelines.

In addition, the Forest Plan has a standard prohibiting vegetation manipulation (including fuel wood activities) in active nest stands during the breeding season, and a guideline prohibiting such actions in alternate nest stands unless it can be shown that such manipulation would improve conditions for goshawks. Therefore, firewood gathering could not be allowed within known nest stands, whether active or inactive this season. There are a total of six nest stands within the proposed gathering area, and two more in the adjacent drainage, which would be closed to firewood gathering to comply with Forest Plan direction.

2. The stream that runs through Elk Park has a population of Colorado River cutthroat trout (another sensitive species) of undetermined genetic purity. Vehicular and/or high levels of foot traffic within the stream channel or riparian area would cause increased sediment load in the stream. We would, therefore, want to restrict such activities within 300 feet of perennial streams and 50 feet of ephemeral or intermittent streams to avoid trampling and destabilization. We could work with the participants to designate and possibly harden several access points, so that they could reach the water without significantly impacting the stream channel.

3. Nine cultural resource sites have been identified in the area, one of which is eligible for the National Register of Historic Places under criteria d of 36 CFR 60.4. Due to its location, the largest site would probably have to be fenced to protect it during the gathering. Survey coverage in the Elk Park area is incomplete, so it's possible that additional sites are present.

4. Potential for fuel loading is very high due to highly productive sites, creating a substantial risk of wildfire. Potential for fine fuels is also high this year as indicated by the stature and density of blue wild rye and other herbaceous species present. Fine fuels contribute to extent and speed of fire spread. In recognition of these risk factors, the Mountain Man Rendezvous site plan limited fires to above-ground containers or propane stoves (no ground fires). We would apply the same restriction to any large non-commercial group use permit.

General (Applies to any site on the Evanston or Mountain View Ranger Districts)

• District Travel Plan Road Closures: The Districts recently completed new travel plans. No off road vehicle travel is allowed on the Districts. There are road closures that have been implemented, but signs and gates are not yet installed. The road that runs through the meadow to the west of the gate on Little West Blacks Fork is now a closed road and will be gated.
• Primary access roads will be kept clear of vehicles and other obstructions to facilitate administrative and emergency response.
• Parking: No parking will be allowed on single lane roads. Parking sites and shuttle plans will need to be approved by the Forest Service. Illegally parked vehicles will be towed at the expense of the vehicle owner.

• The treatment of human waste is dependent on a number of factors including specific site features, such as soil types, slopes, and depth of the water table. In addition, toilet facilities must meet State and County Health Department requirements.
• Trash will be removed from the site in accordance with State and County sanitation requirements.
• Biological hazards will be disposed of at appropriate medical waste disposal facilities.
• No biological waste may remain on the site.
• Gray Water. Sumps for gray water must be in accordance with County standards and located at least 300 feet from live water.
• Bathing. No bathing will be allowed in live water.
• Dogs will be restrained on leashes at all times with water bowls for drinking. Unleashed dogs will be impounded.

• Goshawk (a Forest Service Sensitive Species) conservation strategy measures will be adhered to. If a site on the Mountain View or Evanston Ranger Districts is selected for a gathering, a survey will be done for goshawk nests. If any are found, there will be measures prohibiting firewood gathering and restricting use in the vicinity of the nest and nearby alternate nest sites.
• Canada lynx (on the Threatened and Endangered Species list) conservation strategy measures will be adhered to. If a gathering is proposed on the Mountain View and Evanston Ranger Districts, a survey will be done to deteimine the presence of lynx in the area. Appropriate measures to protect the lynx and its habitat will be required, if applicable.
• Cutthroat trout. Forest Service Sensitive Species conservation strategy measures will be adhered to. There are either Bonneville or Cutthroat trout in nearly all streams on the Mountain View and Evanston Ranger Districts. Activities within Riparian Habitat Conservation Areas will be restricted or limited to designated sites as described in Forest Plan Guideline 12 (G 12):

• Fire Closures: Fire closures are likely by the 4th of July. They prohibit open flame wood campfires. Cooking and water heating are restricted to the use of propane stoves and heaters. The weather during the past 2 weeks has been hotter and drier than normal and the 10-day forecast is for more of the same. If campfires are allowed, sod will be required to be stored, watered, and replaced following use. Campfires will be attended at all times.
• Facilities: Locations of all facilities (camps, gathering sites, kitchens, latrines, water lines, foot trails across streams, etc.) will require prior approval from the Forest Service. Due to wet meadows and streams, location of facilities may be difficult.
• Cultural Resources: There are tie-hack cabins in many locations on the Mountain View and Evanston Ranger Districts. These sites are on the historical register and need to be protected. This may require fencing.
• Green Trees: No green trees may be cut.
• "Leave no Trace." One objective of the operating plan will be to apply "Leave no Trace" principles. The requirement of rehabilitation of the site following use will be "Leave no Trace." That will require removal of all litter, non-native materials, garbage, compost piles, and other evidence of human occupation. Restoration and seeding with native seeds and water barring where needed of all disturbed or compacted/trampled sites or trails will be required.

The following information is relevant to specific site locations:

• District Travel Plan Road Closures: No motorized vehicle use is allowed past the gate at the Middle Beaver Creek trailhead.
• Health and Safety:

• Cutthroat trout: Two streams that have Colorado River cutthroat trout populations border Georges Park. The Riparian Habitat Conservation Area along these streams is 300 feet on each side of the stream There are a number of intermittent streams through, and wetlands in, the meadow that will need to be protected. Designated crossings and mitigation of sediment production or bank trampling would be required on all of these streams.
• Parking: A shuttle of six miles would be necessary from acceptable parking areas to the trailhead. There is a risk of trespass on private land on Elizabeth Ridge if parking is not managed well. No parking would be allowed on most of road #307 or in the timber cutting units adjacent to the road. The two-track road to the northeast of the culvert is open to public traffic, but has a ford and the meadows it crosses are wet during early summer. The Forest Service would be likely to institute an emergency closure on this road during the event.
• Fire Closures: There are dry meadows in the area with heavy fuel loading in the adjacent forest. This creates potential for escaped fires. Fire closures are likely by the 4th of July.
• Facilities: Locations of facilities (camps, gathering sites, kitchens, latrines, water lines, foot trails across streams, etc.) will require prior approval from the Forest Service. Due to wet meadows and streams, location of facilities may be difficult. Sheep are likely to be on this grazing allotment north of the culvert by the 4th of July.
• Cultural Resources: There are tie-hack cabins in areas adjacent to the Little West Fork Blacks Fork that will need to be protected. These cabins are in various stages of decay and we have had problems in the past with people using portions for firewood.
• "Leave no Trace:" Portions of the Little West Fork Blacks Fork meadow are normally dry by the 4th of July, but foot access to them requires crossing wet areas and small tributaries.