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2. Summer Use of Burnt Mouutaiu Gondola I believe potential impacts to elk summer habitat on and near Burnt Mountain would be unacceptable if the Burnt Mountain gondola were operated in the summer season. The environmental analysis indicated that there is a clear difference between Elk Camp and Burnt Mountain summer use impacts because of the physical barrier to elk disturbance imposed by the Elk Camp/Burnt Mountain ridge. 3. Eastern Burnt Mountain Pod The FEIS analysis disclosed that the area proposed for this skiing pod is highly unstable. There is copious evidence of active landslides, debris avalanches, and other forms of coarse sediment erosion. I have concerns that vegetation clearing and ground disturbing activities associated with ski trail and lift construction may produce unacceptable impacts to soil and water quality. I do not have sufficient information at this time to make definitive conclusions about the acceptability of risks to watershed values; therefore, I cannot authorize this MOP component at this time. I do not believe that the eastern pod is absolutely essential to the functioning of other approved MDP components as an integrated whole-mountain plan. If actual skier densities and circulation patterns demonstrate a need for additional terrain, the permittee and Forest Service may decide to undertake additional environmental analysis to reach a final conclusion on the suitability of the eastern pod area for development of some type. This would involve detailed geotechnical studies and documentation in a separate NEPA document. This exercise would include public involvement processes and a new decision document (Decision Notice or Record of Decision) . D. PERMIT CONVERSION AND BOUNDARY ADJUSTMENT In accordance with the National Forest Ski Area Permit Act, the permit area boundary will be adjusted to encompass such acreage as the Forest Service has determined sufficient and appropriate to accommodate the permittee's needs for ski area operations and appropriate ancillary facilities (16 USC 497b Sec. 3(b)3). The new boundary will follow the easternmost edge of authorized Burnt mountain development as shown in Figure 2 and remove approximately 870 acres from the permit area. The boundary basically follows the traverse route from the Burnt Mountain cornice area, to the Spring Creek/East Fork Brush Creek watershed divide, to the top of the East Village egress trail from the bottom of the Western pod. Based on the analyses disclosed in the FEIS, I believe the more appropriate Forest Plan management area prescription for this land is 4B - management emphasizing the habitat needs of one or more management indicator species. Formal adoption of this management area prescription will not occur until completion of the Forest Plan revision which has recently been initiated. Until a formal change is made, the objectives of the wildlife prescription will be followed through application of key wildlife standards and guidelines, and aggressive habitat protection measures such as the area closures and seasonal use restrictions specified in this decision. I have concluded that my decision constitutes a major modification to the existing special use permit; therefore, the present permit will be converted, as required at 36 CFR 251.56(g) (4) ,to a new permit issued under the authority of the National Forest Ski Area Permit Act of 1986. The present permit expires in the year 2006. The new permit will be issued for a term of 40 years as provided for in the Act and 36 CFR 251.56 (b) (2). The mitigation measures described in the FEIS Mitigation and Monitoring Plan will guide administration of the special use permit. Page . 20 RECORD OF DECISION