NEPA COMPLIANCE, PERMIT BLM-NV-020-97-10
ADMINISTRATIVE DETERMINATION OF NEPA COMPLIANCE
BLM OFFICE Winnemucca District CASE FILE NO. BLM-NV-020-97-10 PROPOSED ACTION TITLE: 1997 Land Speed Record
PROPOSED ACTION LOCATION
Black Rock Desert Playa: From GPS Lat-Long Coordinates - Southwest end of course, from 40E43.69"N/ 119E16.58"W and 40E43.60"N/119E16.48"W to Northeast end of course, 40E50.48"N/119E 04.65"W and 40E50.51"N/119E04.51"W. Approximate UTM Coordinates (template and map, not GPS) Zone 11, Southwest end of course, from Easting 307500 Northing 4511100 and Easting 308950 Northing 4510600 to Northeast end of course, Easting 324800 Northing 4522700 and Easting 325300 Northing 4522200 (Maps 1-3).
PROPOSED ACTION DESCRIPTION (Attachment 1)
1. Black Rock-Heads of Agreement 5/24/97 2. Thrust Operations Plan Portion, 6/11/97 3. Spirit of America Operations Plan Portion, 6/14/97 4. Maps 1 - 4.
Applicants: Richard Noble, 3/31/97, Thrust SSC; Craig Breedlove, 3/1/97, Spirit of America.
PART I: PLAN CONFORMANCE REVIEW.
This proposed action is subject to the following land use plan. Plan Name: Sonoma-Gerlach Management Framework Plan Date Approved: 7/9/82.
Remarks: The proposed action has been reviewed for conformance with this plan (43 CFR 1610.5, BLM MS 1617.3). The proposed action is also in conformance with 43 CFR Part 8340, Off-Road Vehicles; Part 8360, Visitor Services; Part 8370, Use Authorizations.
PART II: NEPA REVIEW
Existing EA review.
This proposed action is addressed in the following existing BLM EA: 1996 Land Speed Record, Black Rock Desert Playa, BLM-NV-020-06-27 Date Approved: 8/15/96 . This EA has been reviewed against the following criteria to determine if the proposed action is covered:
1. The proposed action is a feature of, or essentially the same as, the alternative selected and analyzed in the existing document. 2. A reasonable range of alternatives was analyzed in the existing document.
3. There has been no significant change in circumstances or significant new information germane to the proposed action.
4. The methodology/analytical approach previously used is appropriate for the proposed action.
5. The direct and indirect impacts of the proposed action are not significantly different than those identified in the existing document.
6. The proposed action would not change the previous analysis of cumulative impacts.
7. Public involvement in the previous analysis provides appropriate coverage for the proposed action.
Date
Outdoor Recreation Planner
Date
Environmental Coordinator
PART III: RECORD OF DECISION.
I have reviewed this plan conformance and NEPA compliance record and have determined that the proposed action is in conformance with the approved land use plan and that no further environmental analysis is required. It is my decision to implement the project, as described, with the mitigation measures identified below.
Mitigation Measures/Other Remarks: The permittee will comply with the attached stipulations (Attachment 3) to mitigate environmental and human health and safety impacts.
Date
Assistant District Manager, Non-renewable Resources
ATTACHMENT 1: PROPOSED ACTION
REMARKS
1. The 1997 Proposed Action following these remarks resulted from a meeting on 4/10/97 between the BLM (Mike Bilbo, Bud Cribley and Jerry Moritz), Richard Noble and Bill Breedlove.
1.1 The BLM presented issues based on the 1996 Land Speed Record Appeal and required the applicants to address the appeal points in a comprehensive joint operations plan.
1.2 The resulting Operations Plan meets and exceeds conditions and requirements proffered by BLM.
1.3 The Proposed Action is a combination of the proposals contained in the Operations Plans submitted by each applicant, and a Heads-of-Agreement document. Each applicant was charged with, or volunteered to, the gathering of certain information or data which, when combined, will form the final Operations Plan. This means that anything written by Thrust SSC will apply also to Spirit of America and visa versa, unless pertaining specifically to the respective cars, procedural maintenance and team organization.
1.4 The two respective teams will treat each other with respect in the spirit of sportsmanship and will thus cooperate in an integrated fashion to insure, as much as humanly possible, a safe, coordinated event.
2. The author of this administrative determination carefully reviewed all 1996 appeal points and BLM's defense of EA BLM-NV-020-06-27. Both the BLM and appellants provided studied, thoughtful comments.
2.1 Because the 1996 Appeal remains under review by the Interior Board of Land Appeals (IBLA), a new EA was not prepared, rather, the 1997 applicants were given the task by BLM to address 1996 appeal points in application for 1997 permits. This Administrative Determination/Optional NEPA review tiers off the 1996 EA, with the appeal points addressed and integrated into the stipulations to provide for comprehensive mitigation and human safety measures.
2.2 The Proposed Action is more stringently controlled by BLM and permittees on the proposed 1997 event layout, location and control than in the past.
3. Initial visitor-use data suggests that many people return to further explore, and perhaps impact, the Playa and its resources as a result of Burning Man, smaller permitted recreational events, dispersed general recreation, and Internet exposure.
3.1 During the 1997 Memorial Day weekend, of 300 backcountry contacts, none were there as a result of having attended a land speed record attempt.
3.2 53 contacts had returned as a result of Burning Man; most others were regular returnees from years past.
3.3 The land speed record event appears to be very focused on that event with little interest expressed by participants to return and explore the region.
3.4 Interviews are scheduled to continue during both high-use and nondescript periods to determine whether this represents a valid finding. 4. The proposed trackway and ancillary facilities do not seem to pose the high threat level to natural and historic cultural resources as do those from activities such as the large-scale Burning Man, or, especially, any off-highway vehicles.
4.1 Off-highway vehicles are apparently responsible for permanent modern rutting due to casual recreational use in several areas along the Playa axis, along or on historic trails, or around historic hot springs.
4.2 If, however, additional jet cars are allowed to run on a regular basis, supersonically and, most notably, subsonically, it is possible the Playa could transform into a substitute for other trial areas, such as Bonneville Salt Flat, with impacts increasing to levels currently caused by other recreational use as described above.
4.3 During 1997 there were several requests regarding the possibility of subsonic competition. Further, after the 1997 applicants submitted their respective operations plans, three more jet car contenders, Art Arfonse, Stan Goldstein and Slick Gardener, requested applications.
4.3.1 This gives rise to possible managerial/land use stipulations limiting the frequency and type of land speed record attempts where other sites are more suitable.
4.3.2 Bonneville and other areas may well be more conducive to subsonic attempts which, as the record currently stands, could range upward from 300 mph to just at the sound barrier.
5. A joint operations plan has been prepared by the two applicants with features that derive from the appeal points, among which include:
5.1 The spectator location has been moved west to terraces off and above the playa; the area was surveyed for cultural materials with negative results.
5.2 The permittees have agreed not to run if the total number of personnel in the operational area exceeds 500 (staff, BLM, media, spectators).
5.3 Hazmat and emergency response, and visitor management and safety planning is thorough and comprehensive, GPS technology has been utilized to allow accurate course mapping.
5.4 The proposed trackway area of no more than 2,000 feet wide by 13 miles long must be shared by both applicants.
ATTACHMENT 2: COMMENTS RECEIVED AND BLM'S RESPONSE
518 drafts of this document and stipulations were mailed out to the public and appropriate municipal, county, state and federal agencies. Of that mailing, twelve responses were received, six drafts returned "addressee unknown," and two requested to be removed from the mailing list noting that such mailings were a waste of taxpayers' dollars.
Comments received and BLM response:
Comment 1. Compliance with BLM requirements seemed to be met.
BLM response: BLM has attempted to require applicants to cover every conceivable contingency on this event, especially as regards environmental protection and human health and safety.
Comment 2. BLM interests and concerns apparently met.
BLM response: Same as #1.
Comment 3. Spirit of America (SOA) part insufficient.
BLM response: Both applicants were required to cooperate and each participated in different tasks to achieve one Operations Plan. Thus, whatever one writes applies to the other, except for procedures particular to each car/staff. The final Operations Plan would show SOA aspects in more detail.
Comment 4. Spirit of America has no comprehensive list of hazardous materials as does Thrust SSC.
BLM response: Correct. SOA's list is very similar to Thrust's. Most Material Data Safety Sheets (MSDS) have been received by BLM. Applicants are required to submit any additional MSDS and brief their respective teams on hazmat response for each substance. The hazmat audit for both teams will be complete prior to permit issuance.
Comment 5. New spectator location appropriate.
BLM response: Applicants have prepared plan view for area, showing parking and services (porta-potties, etc). Also, information handouts for spectators have been prepared.
Comment 6. Planned media location is prehistoric/historic cultural site - buried resources unknown or unstudied.
BLM response: Valid point. Cultural clearance has been requested. The mound springs' primary purpose is for protection, ie, something media can get behind if a mishap occurs. Applicants also felt the mound spring area would serve to better control media. Applicants have emphatically requested use of mounds for these purposes as the alternate site is felt to be inadequate. Because the mound containing Coyote Springs may contain cultural resources and is likely regarded as sacred by the Paiute Tribe, stipulations 5 and 9 were modified to address this issue.
Comment 7. Planned media location cannot contain/control media.
BLM response: The planned media location is more secure safety-wise and is identifiable as a location with a view that would appeal to media. Additional discovered cultural resources at other mounds (the Coyote Springs mound spring is closed to occupation during this permit) however, may dictate the final disposition.
Comment 8. Activity in close proximity to designated national historic trails.
BLM response: This is correct. On the one hand, there are more controls in place for a permitted event than for casual visitation which may be the greater impact. The land speed applicants have responded to all command and control requirements. On the other hand, however, the Golf Tournament permittee deepened an existing fire pit on the south side of the Coyote Spring mound and cached materials in the pit. They were not authorized to do this. Any future permits proximal to this spring mound will be highly regulated as to integrity of historic trails setting and Leave No Trace. That pit and materials have been removed by BLM. Future BLM volunteer projects will be conducted to remove all contemporary, non-historical debris
The BLM cultural resource manager has emphasized that integrity of setting along designated national historic trails (Nobles Trail), especially at identifiable locations such as Coyote Springs, is a priority mandated by law (National Historic Preservation Act of 1979; 36 CFR 60.4, 60.4(a), 800.5, 800.10, 800.11) and must be considered in relation to all activities. The Oregon - California Trail Association has emphasized that until the Black Rock Desert Management Plan and the Comprehensive Management Plan for the California Trail Complex are completed, all future permitted events should be located away from this and other sites (see stipulations 5 and 9).
Comment 9. Closure of entire playa unfeasible - indicate specific area to be closed.
BLM response: This is reflected in modification of stipulations 5 and 6 (subparts 5.4, 5.5, 6.2).
Comment 10. NEPA review seems to indicate that permittees, not BLM, will effect playa closure.
BLM response: BLM - Same as response to Comment #9
Comment 11. BLM, only, must effect closure on permit.
BLM response: BLM - Same as response to Comment #9
Comment 12. BLM must not relinquish control of playa to permittees.
BLM response: BLM - Same as response to Comment #9
Comment 13. Time period of permits too long - should be shorter.
BLM response: The time period September through November follows the high-use school vacation season and was specifically selected by BLM as less visitors tend to be in the playa region. This is addressed in modified stipulation 6, subpart 6.1.
Comment 14. Consecutive run days could tie up playa for days at a time unfairly denying public access for other use.
BLM response: Decisions to run are based on weather and decided between the competitors on a daily basis. Neither BLM or the applicants had considered a consecutive day issue as past experience indicated that consecutive days do not normally occur.
But, it is possible that several days of perfect weather could occur, in which case the permittees may utilize the time as outlined in the Proposed Action and as indicated in modified stipulation 6, subparts 6.2 through 6.5 and 6.9.
Comment 15. Daily Validity Badges a bad idea - removing publics' access rights.
BLM response: Stipulation 5, subpart 5.4, was modified to account for Daily Validity badges issued for run periods only, rather than the entire permit period.
Comment 16. Conflict with Burning Man apparently evident.
BLM response: Burning Man will occur on private lands surrounded by public lands during the Labor Day weekend and should not be in conflict with the land speed record attempt as the land speed record proposed action is anticipated to be permitted on or about 9/6/97. However, there may be residual Burning Man staff and participants in the area. Thus, the land speed permittees are required to coordinate with Burning Man as per modified stipulation 6, subpart 6.1.2.
Comment 17. This event will encourage continual similar uses.
BLM response: This is indeed a possibility and will be addressed in the Black Rock Desert Management Plan.
Comment 18. If new land speed record not reached, or sound barrier not broken, this event could occur year after year.
BLM response: Given the long-term unknown impacts of potential annual permits, it is possible that a recommendation could be made to management on delaying large-scale permits until Black Rock Desert Management Plan completion. It has never been BLM's intention to allow the playa to become dedicated to this activity or become a substitute for Bonneville Salt Flats.
Further, from planning and coordination meetings with the current applicants, it is very apparent that this type activity is nearly cost-prohibitive; they have not, at this writing, procured all their funding from sponsors.
Comment 19. BLM must limit this activity in favor of other activities.
BLM response: Covered in response to Comment 18 above.
Comment 20. The Black Rock Desert Playa must not substitute for Bonneville Salt Flats.
BLM response: Covered in response to Comment 18 above.
Comment 21. Similarities exist between land speed record and World Waterspeed Record, especially delaying activity into bad weather period.
BLM response: As noted in the response to Comment 13 above, a certain time period was chosen in the interests of public safety during the high-use period which occurs from mid-April to Labor Day.
Comment 22. For permittee safety, permits should be issued to utilize windless conditions of the equinox.
BLM response: We would try to accommodate that within the given timeframe as in responses to comments 13 and 21.
Comment 23. Ancestors crossed Lassen and Nobles trails - historic relationship between 2 mph and 600-700 + mph is appropriate.
BLM response: While a cultural continuum in technological advance and modes of transportation exist within the American culture from the mid-16th Century to present, the BLM is mandated by law to consider all values under the multiple use concept which includes recreational activity and possible resulting resource impacts.
Identification, protection and preservation of cultural resources, however, have priority over most other values. Through the environmental analysis process in these special recreation permits and other land use permits, cultural resources in a proposed activity area nearly always dictate the final use (avoidance, mitigation, full excavation or clearance).
Our cultural resource managers and concerned citizens have identified the extreme close proximity of the proposed action to the Nobles Trail. While vestiges of that trail are largely gone off the playa, its exact route has been determined, as well as concomitant and earlier resources, such as those at Coyote Springs that have come to light. We always include the discovery and reporting of cultural resources and values as strict compliance measures in permits, both in standard conditions and stipulations such as those in this document. This is addressed in modified stipulations 5 and 9, and on the standard permit conditions shown on the reverse of BLM Special Recreation Permit Form 8370-1.
Past performance of the 1997 applicants has indicated they were aware of and have attempted to remain sensitive to all cultural resources, to include national historic trail pathways. This and related issues will be further addressed in the Black Rock Desert Management Plan which is now under development.
Comment 24. Visual and noise impacts over long period of runs are inappropriate for the region.
BLM response: As mentioned above, a certain seasonal, low-use timeframe was chosen as a way to segregate this activity from the high-use period for general visitor safety. The permit period also serves to expose less people to visual and noise impacts. However, as also mentioned, an increase in this activity could have far-reaching impacts and visual and noise impacts would certainly be included. Again, these issues will be addressed in the Black Rock Desert Management Plan.
Comment 25. Rocketeer sees use as appropriate under multiple use.
BLM response: Agree.
Comment 26. Commercial vendors should be disallowed as limited attendance makes any gain unfeasible - donate proceeds instead to charity.
BLM response: Vendors and proceeds are authorized under special recreation permits and can be standard aspects of such permits. Many other recreational users conduct commercial activities, such as invitational rocket competition, an annual golf tournament or annual land sailing competition. Vendors often originate within these organizations and cater to those involved. Often, not much profit is made.
Within the 1997 land speed record organizations that would fall under this permit, vendor profit is one of their fund-raising sources. While there may not be much profit made on-site, that activity is part of larger ongoing national and international marketing efforts. The BLM/U.S. Government can only realize a small percentage of any vendor profit from these competing entities while engaged in the BLM permit, but that profit is a requirement of the permitting process.
Fees are usually charged for commercial or competitive events, but in this case an actual cost recovery and taxpayer burden relief results from a proffer account by both competitors to cover the cost of BLM presence and monitoring. This is addressed in modified stipulations 1 and 8, subparts 1.3, 8.1-8.5.
Comment 27. Stipulation subparts hard to read - consider following Library of Congress numbering and arrangement.
BLM response: The Library of Congress paragraph numbering system was incorporated as the stipulations with this decision, modified from those sent out in the previous draft document.
Comment 28. The FAA is reluctant to impose NOTAMS (Notice to Airmen).
BLM response: This has been addressed in modified stipulation 3, subpart 3.1.4.
Comment 29. The land speed record attempt is detrimental to the Black Rock Desert and Playa - toxic exhaust products, noise disturbs wildlife - BLM should not allow it.
BLM response: Under the multiple use concept, BLM considers and may or may not permit various uses, including recreational activitiy. There are visitor use data that suggest other impacts are more detrimental than the land speed record. It is recognized, however, that other areas with playas such as this have suffered tremendously because early prudent planning was not accomplished. The Black Rock Desert Management Plan now under development will take a hard look at the Playa's future, especially given that the Black Rock is more and more an urban recreational interface area with the Reno, Sacramento and San Francisco metropolitan areas.
ATTACHMENT 3: STIPULATIONS, PERMIT BLM-NV-020-97-10
Given the nature of a 1996 land speed record appeal to stay the event by conservation and historical organizations, the 1996 Spirit of America mishap, inadequate spectator/media control during 1996 runs, associated inadequate radio communications, and the failure by both applicants to respond to repeated past requests by BLM for a central organization, the following requirements will be met by the 1997 LSR permit applicants prior to issuance of any permits.
1. GENERAL
1.1 On Special Recreation Application and Permit form, 8370-1, face side, Item #3 - this purpose consists of a detailed Operation Plan that will include:
1.1.1 A Hazardous Materials Response Plan.
1.1.1.1 Detailed will be all hazardous substances, from all sources officially engaged. This will include all fuels, lubricants, paints, coolants and other substances; quantities of same; and attached MSDS sheets. Sources and uses will be detailed, including all vehicles and aircraft officially engaged.
1.1.1.2 The plan will detail how teams will prevent hazardous spills during on-site fueling and maintenance and during runs, and what their actions will be, in accordance with federal requirements, should spills occur at any time while on public lands.
1.1.1.3 For the purpose of LSR on Black Rock Desert public lands, any spilled amount is reportable and all crew and staff must understand this and act responsible through organizational and BLM protocol in reporting and responding to incidents.
1.1.2 An Emergency Response and Evacuation Plan. The plan will detail entities, such as REMSA, hired for the operation and triage procedures, a succinct communications plan with ground-to-ground and ground-to-air protocols, and media control.
1.1.3 A Security Plan. The plan will detail entities, such as Sheriff's deputies, hired for the operation, overall site coordination and radio communication command and control, specific procedures to control and contain spectators and media during runs and casual Playa visitors before, during and after runs.
1.1.4 A Trash Control, Collection and Disposal Plan. The plan will detail types of trash-collection facilities and pickup schedule, location of standard and hazardous materials dump sites or transfer points to be used.
1.1.5 Precise GPS Facilities and Boundaries Locations coordinates. This includes all areas and facilities, such as campground(s), spectator viewing area, and media and VIP sites. While we know the media site name to be Coyote Springs, it still needs a GPS coordinate. The GPS coordinates will be entered into the BLM GIS for site referencing.
1.2 Permit Item #6 is a detailed accounting of all facilities and areas (maintenance, spectator, control, lanes, camping, catering, tents [ie, maintenance, etc.], and other temporary structures.
1.3 All conditions on the Special Recreation Application and Permit form, 8370-1, reverse side, must be met, with special emphasis on Items #c (at least $1,000,000 per occurrence and $50,000 property damage), #d (performance bond of $5,000), #5 (in lieu of fees, proffer account of $5,000 from each permittee to supplement BLM personnel time, fuel and equipment cost recovery), #6 (you must check with Pershing and Washoe counties to insure that any applicable permits have been satisfied [special events permits, vendor food-handling or other requisite certificates or licenses), #12 (make sure insurance shows BLM as co-insured).
1.4 It is mandatory that both SOA and Thrust, although competitors, operate under one umbrella organization and coordinate their runs. There will not be two separate tracks. Rather, both organizations will share one operating area and must coordinate lane use.
1.5 Permittee is required to strictly control Playa access during runs. No one, including the media, is free to wander about the playa during runs.
1.6 Because unusual attention has been called to the playa as a result of promotional event advertising on the Internet by land speed contenders, Burning Man and other permittees, permittee will inform publics:
1.6.1 On appropriate preparation for the Black Rock Desert region before they travel here.
1.6.2 On Leave No Trace and Tread Lightly programs based on material supplied to the permittee by BLM.
1.6.3 To inquire of Winnemucca BLM for informational materials.
1.6.4 To de-emphasize the region through their Internet sources.
1.7 Permittee will abide by all requirements outlined in The Black Rock Heads-of-Agreement 5/24/97, Thrust Operations Plan, 6/11/97, and Spirit of America Operations Plan, 6/14/97, submitted by the applicants to form the combined Operations Plan.
2. INSURANCE
2.1 Each permittee will maintain a comprehensive liability insurance policy that meets the following criteria:
2.1.1 A minimum of $1,000,000 coverage for bodily injury for any one occurrence and $50,000 coverage for property damage for any one occurrence.
2.1.2 The permittee will notify the United States, specifically the Winnemucca District Manager, Bureau of Land Management, thirty (30) days prior to cancellation or modification of said policy.
3. SAFETY, HEALTH, AND SANITATION
The permittee agrees to assume all responsibility for public safety and health during any phase of this event. The BLM will randomly check staff knowledge prior to permit authorization.
3.1 SAFETY
3.1.1 Permittee assumes all responsibility for insuring that spectators are kept at a safe distance from the course during runs. Permittee assumes all financial costs for providing this measure of public safety. If the District Manager or Assistant District Manager, Non-renewable Resources, considers that additional spectator monitors and/or law enforcement officers are necessary, he may request this additional assistance with all costs incurred for this additional security to be paid by the permittee.
3.1.2 Permittee will be responsible for all aspects of safety associated with the land speed record attempt, to include driver, crew, sanctioning officials, media, government officials, and spectators.
3.1.3 First aid facilities will be provided by the permittee. These facilities will be adequate to handle any incidents resulting from the event.
3.1.4 Aircraft
3.1.4.1 When aircraft are to be flown in support of operations, Playa closure, etc, permittee will attempt to secure NOTAM(S) from FAA.
3.1.4.2 For Daily Aircraft Waivers
3.1.4.2.1 Contact FAA Reno.
3.1.4.2.2 Contact Offutt Air Force Base (402) 294-2334 for MOA IR-300.
3.1.4.3 All aircraft will strictly adhere to permittee instructions on landing sites and protocol. FAA Reno, or as appropriate, and the BLM, will be notified of violations.
3.1.5 Weather will be closely monitored and permittee will not compromise safety if stormy weather is forecast. Runs will only occur when the weather is calm.
3.2 EMERGENCY RESPONSE
Both teams will adopt and strictly follow those procedures described in the Thrust Op Plan portion, with the respective teams operating in a coordinated response effort. Some aspects of either team will not be adaptable to the other team, such as the Jaguar Firechase. Unless volunteered for the combined operation by Thrust, Spirit of America must provide their own chase vehicle
3.3 HAZARDOUS MATERIALS
3.3.1 Any spilled hazardous materials and/or contaminated soil caused by a hazardous material spill will be removed and properly disposed to BLM standards. BLM is to be immediately notified if any hazardous materials are spilled or released.
3.3.2 The hazardous materials response portion developed by Thrust SSC will be adapted by Spirit of America. Spirit of America will provide a detailed audit prior to the first run.
3.3.2.1 Permittee will attach all appropriate Material Safety Data Sheets (MSDS) to the final Operations Plan prior to permit authorization.
3.3.2.2 All staff, including volunteers, will be trained on the MSDS content and response prior to permit authorization.
3.3.2.3 The BLM will randomly check staff knowledge prior to permit authorization.
3.3.3 All entities will agree on and strictly follow hazardous materials response procedures prior to the first run.
3.4 HEALTH AND SANITATION
3.4.1 Permittee will provide adequate sanitary facilities meeting applicable Nevada Department of Human Resources, Health Division standards and guidelines, will be provided by the permittee.
3.4.1.1 If the District Manager or Assistant District Manager, Nonrenewable Resources, determine that the sanitary facilities in the area are not adequate to cover both spectators and participants, he may request additional facilities; the costs of these additional facilities will be assumed by the permittee.
3.4.1.2 10-14 toilets will be placed as needed throughout the entire operational area. Toilets will be monitored in the morning and afternoon daily to determine pumping needs and to insure adequate paper is stocked.
3.4.1.2.1 Permittee will supply additional toilets if 10-14 do not adequately service visitors and staff.
3.4.1.2.2 Spillage of toilet chemicals constitute a hazardous materials spill. Again, the appropriate MSDS sheet will be secured (from vendor) for this chemical.
3.4.2 The permittee will leave the entire operational area in as near a pre-event natural state as possible and cleaned up to the satisfaction of the District Manager, Assistant District Manager, Nonrenewable Resources, or their representative. The permittee will clean up all lands impacted by this event within two weeks following event closure. Trash receptacles and trash repositories will be provided by the permittee. All trash left on the course and in the area will be removed after the event by the permittee.
4. COMMUNICATIONS
4.1 Communications will be handled by a central monitor function much like a military tactical operation center.
4.1.1 This center or base station will monitor all frequencies.
4.1.2 The base station will be located in a location readily accessible by the permittee.
4.2 A frequency common to all entities will be established and a protocol developed to:
4.2.1 Insure clear communication
4.2.2 Clear the channel for priority and emergency messages.
4.2.3 All entities including BLM will be clearly briefed on this protocol.
4.3 All security personnel will remain in contact with the base station.
4.4 All entities will provide respective call signs to be included in the Operations Plan and understood by all entities prior to the first run.
5. SECURITY
5.1 Press and media may occupy the position of hillocks or silt mounds identified on the 7.5-minute map as Coyote Springs. The Coyote Spring mound itself is off limits. For the purposes of this permit the other two mounds may be used. See #9 Cultural Resources below.
5.1.1 The Coyote Springs mound spring is untenable to press and all other persons as cultural materials are on the surface, are eroding out of it, it is a probable site of cultural patrimony and sacred to Native Americans, and it may contain buried cultural resources. See #9 Cultural Resources below.
5.1.2 Media will in no case dig any holes into the mounds. Violation of this stipulation will be cause for removal of offending party(ies) from entire Operational Area. See #9 Cultural Resources below.
5.1.3 Television crews with exclusive agreements, eg, SpeedVision will be the only media allowed closer access.
5.2 Limited VIP members will be positioned in a corral at course midpoint one mile west of and centered on the timing mile.
5.3 Spectators will be located at a specific location off the playa, on terraces west of the course area along State Road 34 3.85 miles north of the Washoe County line and about .9 mile south of West Playa Access #2.
5.4 All persons desiring to access the Playa during the run periods will be issued with:
5.4.1 Instructions regarding temporary closure for safety and other information on run and alternate access points not covered by the closure (see stipulation subpart 6.2.2).
5.4.2 Daily Validity Badge.
5.4.3 Liability Release Form.
5.4.4 Camping 14-day/25-mile reminder. Campers associated with the operation are exempt from the camping length-of-stay requirement.
5.5 All volunteers involved in Playa access and run security (security monitors) must treat all visitors as BLM recreational customers.
5.5.1 Security monitors will at all times while on station remain in radio communication with the base station and ask for law enforcement assistance if a disagreement arises with a visitor.
5.5.2 If a visitor disregards a security monitor and accesses the playa during a run, the monitor will remain at the station and contact the security manager, Sheriff deputy, or BLM law enforcement on the situation by radio or cell phone.
5.5.2.1 If electronic communications fail at such time, a red signal flare or red star cluster can be discharged to alert staff and law enforcement.
6. COURSE AND RUN MANAGEMENT
6.1 Upon signing of a record of decision, one permit for each permittee would be issued following a 30-day appeal period.
6.1.1 The permit period will extend from date of issuance through 11/30/97.
6.1.2 No conflict with the Burning man event is anticipated. The land speed record permittee will, however, engage in courtesy coordination with Burning Man to insure Burning Man staff and participants understand and observe the BLM-land speed record environmental and safety requirements.
6.2 BLM, through the federal register process, will authorize a Black Rock Desert Playa closure up to 6 hours before a scheduled run through 30 minutes following a run completion.
6.2.1 A run is from one end of the course to the other and return. A breakdown enroute out or back means the run is still operational until the vehicle is returned to the start point or removed from the course for maintenance or repair.
6.2.2 The entire playa is not covered by the closure. Run closures cover those playa areas and traditional access points in proximity to the operational area and its safety buffer zone.
6.2.2.1 Security monitors will be stationed at all traditional access points within relative proximity to the operational area, ie, Cholona, Trego, West Access 1 and 2, etc.
6.2.2.2 Activities, such as Applegate-Lassen trail tours out of the Operational Area may proceed.
6.2.2.3 As much as possible, any such activity should contact, or be contacted by, BLM on run activity and scheduling.
6.2.3 This closure, effected and controlled by BLM, is extended to the permittee to assist BLM with the closure during run periods.
6.2.4 The permittees will jointly control access during closure.
6.2.5 During closure, problems with user groups or individuals will be immediately referred to available BLM law enforcement personnel or Sheriff's deputies. 6.2.6 Such incidents will be handled cordially and diplomatically, as users are BLM customers.
6.2.7 Playa closure notices will be provided by Thrust.
6.3 If weather forecasts indicate a following day to be favorable for a run, the permittee will notify the Assistant District Manager, Nonrenewable Resources, or the Winnemucca District Manger the day before any scheduled run, so that arrangements can be made to have a BLM representative on the site.
6.4 A coordination meeting will be held between the permittee and all appropriate law enforcement officials and volunteers prior to any run.
6.5 The permittee will acknowledge that the United States makes no guarantee as to the condition of the race course or surrounding area during the permitted period. The United States will not warrant or represent that the area covered by the permit is safe, healthful or suited for the permitted uses.
6.6 The permittee will acknowledge that the permit, if issued, will be modified or amended only by a written document duly authorized and executed by both the grantor and the permittee. No oral agreement or understandings will have any effect on the provisions of the permit unless reduced to writing.
6.7 Any paint or marking medium used to mark lanes, pits, etc, should be water-soluble.
6.8.1 All paint traces will be obliterated upon event closure. This will be verified by BLM inspection during the permit performance evaluation.
6.8 The Run Priority Agreement will be strictly followed.
7. FACILITIES
7.1 No permanent facilities will be constructed on public lands. Permittee will remove all temporary structures as soon as the event is concluded.
7.2 No access roads or trails will be constructed without the specific authorization of the District Manager or his representative.
7.3 Permittee will establish a camping area near the edge of the playa to accommodate those individuals desiring long term camping related to the event.
7.3.1 The fourteen day camping restriction will be waived on the playa in designated camping area(s), primary of which is the "bay" area north of West Playa Access #2.
7.3.2 Camp area(s) sanitation and trash collection is a permit responsibility.
7.4 No commercial advertising for this event will be allowed on the Nevada Department of Transportation right of way.
7.5 For any directional sign located in Nevada Department of Transportation rights-of-way, an Encroachment Permit is required. Contact Richard Nelson at (702) 688-1250 for the permit information.
8. FEES/VENDORS
8.1 The permittee will pay to the United States of America an 'actual cost' permit fee. This means that each organization that conducts a run will place $5,000 into an escrow fund. This money will be drawn upon to cover expenses incurred by the United States in the execution and monitoring of this permit. This fee will include salary, travel costs, per diem expenses and any other cost that may arise as a result of the event. Not only will these funds cover work in proximity to the track and spectator area but also those peripheral areas that may be affected by the event.
8.1.1 Funds will be drawn from each respective permittee account in an equitable manner so that any monies left over at event closure will be about equal when returned to each organization.
8.1.2 At permit signing, BLM will provide each permittee a cost accounting demonstrating how these funds would be used and the necessity of cost recovery.
8.2 The permittee will pay a performance bond of $5,000. These monies will be used to ensure that the terms and conditions of this permit are met. If funds are used, e.g., cleanup after the event is over, the permittee will receive an accounting of how these funds are utilized.
8.3 The 3% of gross fee requirement is waived if all proceeds directly benefit charities or schools in the communities of Gerlach and Empire. This must be demonstrated through bookkeeping means during the permit performance evaluation following the event.
8.4 All commercial vendors present at this event must be authorized under this permit. The permittee will take action to inform the vendors of the permit requirements.
8.4.1 All vendor permittees other than those specified in #3 above are required to pay a fee of 3% of gross earnings to the United States no later than 14 days following event closure.
8.4.2 Permittees Noble and Breedlove are authorized to subcontract vendors under their respective organizations to aid in bookkeeping.
8.4.3 All food and drink vendors must possess appropriate health certificates from Nevada Department of Health and/or county health units as required. It is likely that such certificates will be inspected by both State and BLM personnel.
8.5 Any "commercial" filming or still photography conducted in conjunction with this event will be authorized under separate permits issued by the Bureau of Land Management, Winnemucca Field Office. These permits are required prior to completing any "commercial" filming or still photography on public lands. "Commercial" is defined as filming or photography:
8.5.1 When film makers/photographers take pictures of public land users, such as those engaged in recreation activities, with the express purpose of selling the film or pictures to those same users.
8.5.2 When any filming/photography features a commercial product for sale using the public lands as background (such as magazine advertisements, or television advertisements).
8.5.3 When the filming/photography would adversely impact the public lands, such as potential deterioration of archaeological and/or historic features.
8.5.4 When any music video or motion picture filming is conducted on public land.
8.6 Permits are not necessary for filming or photography for personal use or in association with event news coverage, unless the product is intended to be sold for "commercial" purposes.
9. CULTURAL RESOURCES
9.1 The permittee will ensure that the safety overrun section of the course is situated at least 3 miles from the Applegate-Lassen Trail and the spectator area is at least six miles from the Trail.
9.2 All participants will be informed that collection and/or excavation of archeological (prehistoric and historic) artifacts or sites is illegal on public lands. If any archeological artifacts are found, the Winnemucca District of the BLM will be notified as soon as possible.
9.3 Permittee shall not make available to the public any information concerning the nature and location of any archaeological resource.
9.4 Pursuant 43 CFR 10.4(g), the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary objects, sacred objects or objects of cultural patrimony (as defined at 43 CFR 10.2). Further, Pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer.
9.5 The Coyote Springs mound spring, a natural artesian system, is untenable by media due to surface artifacts, eroding artifacts, possible buried cultural resources and other aspects of cultural patrimony:
9.5.1 Despite intensive visitation by both casual and permitted users, cultural materials are present on and around the mound spring and occasionally erode from the mound.
9.5.2 19th-Century glass shards and WWII .50 caliber casings and live rounds are present.
9.5.3 The Paiute Tribe considers all springs to be sacred and this fact must be respected.
9.6 The Coyote Springs mound spring is off limits on recommendation by the BLM cultural resource manager and outdoor recreatioin planner.
9.6.1 Due to short time frames and planning constraints the media will be directed to one or both of the other two mounds, or to the Alternate Media Site at the VIP location.
9.6.2 Media will in no case dig any holes into the spring mounds or otherwise disturb mound surfaces. Violation of this stipulation will be cause for removal of offending party(ies) from entire Operational Area.