United States Department of Agriculture
Forest	Monongahela National Forest
Service               Gauley Ranger District

932 N. Fork Cherry Rd. Richwood, WV 26261 304-846-2695

FileCode:   2720
Date:  July 2, 2005

Individuals Gathering as the Rainbow Family c/o Patrick Thompson .5121 East 29th Tucson, AZ 85711

Dear Patrick:

NOTICE OF NONCOMPLIANCE
This is formal notice and documentation of noncompliance with the terms and conditions of the June 19, 2005, special use permit issued to "Individuals Gathering as the Rainbow Family". The permit was issued for the purpose of conducting a noncommercial group use event on the Gauley Ranger District of the Monongahela National Forest. You signed the permit as the contact for the holder."*^
Clause 3 of the permit issued and signed by you, outlines the approved activities and improvements that were authorized in the permit area. The description of the approved improvements does not include the installation of a communications tower; however a communications tower v/as erected at the area of the main meadow CALM without prior approval. Any improvements not specifically authorized under this clause must be added by an amendment prior to construction or installation or it is a violation of the terms and conditions of the permit. *
At the coop council held on June 25, 2005, Naomi Johnson, who is the Incident Team Special Uses Section Chief, talked a person who claimed to be the Rainbow Family's communication person. At that time this person said he did not know where he would put the equipment. He was looking at two areas within the permit site but did not know if they would work so he was also considering sites outside the permit area. Naomi told him that once he determined where he wanted to put his equipment he needed to contact her so that the use could be approved. She told him that if the site was within the permit area boundary, a permit amendment would be needed to approve the yse, and if the use was outside the permit boundary, a new permit would have to be issued to approve the use. Despite this discussion, a communications tower was erected prior to any contact or approval of the improvements within the permit area.        .
After discovering that the tower had been erected without approval, an attempt was made on June 30th to contact the person responsible for communications to discuss this matter. It was asked that they meet Naomi Johnson at the Cranberry Nature Center after 4:00 pm. The FCC license holder, Robert E. Savoye, refused to meet with Naomi and instead sent Brian Michaels to the Center with a copy of his FCC license.

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