Exhibit B.pdf

December 17, 2019

Additional considerations for Mount Rushmore fireworks contractor/operator

The NPS recently shared with the State a report prepared for Mount Rushmore National

Memorial by Mr. Weeth. The report discusses National Fire Protection Association code compliance concerns for potential fireworks launch sites. While the report lays out what the contractor believes is technically possible under the code, the National Park Service (NPS) and its partners will need to apply additional considerations to provide a safe and responsible firework display at the park in 2020.

These considerations and constraints are based on the resource protection mission and policies of the NPS, visitor experience objectives, the purpose and significance of Mount Rushmore

National Memorial, safety of staff and contractors, operational best practices, and guidance from the code compliance report.

The NPS looks forward to working with the State of South Dakota and their fireworks contractor/operator to discuss and implement these additional considerations. The NPS offers to be involved in developing or to review the State’s Request for Proposals (RFP), to host potential or selected contractors, and to review early proposals for compliance with these additional considerations and the code compliance report.

Considerations for fireworks show development

1. Preference for high-quality, US-manufactured fireworks, constructed of biodegradable materials. The contractor’s report states that higher quality fireworks create a better display, while also providing for better burning shells, resulting in a reduction of chemicals and debris on the ground.

2. Requirement for suitable racks for holding fireworks tubes. Racks should be able to withstand a catastrophic failure without changing launch angles, a noted failure in the past.

3. Requirement to avoid attaching fireworks and supports directly to natural materials

(stone or trees) or NPS facilities, unless specifically authorized by the NPS.

4. Consideration of the use of protective gear at launch locations to protect natural surfaces and facilities from burn marks.

5. Requirement for the fireworks contractor, operator, and all operator staff to have appropriate licensure or certifications.

6. Requirement for the fireworks contractor/operator to have a comprehensive unexploded ordinance location and recovery plan, and a comprehensive cleanup plan to be in place and followed.

7. Requirement for the contractor/operator to develop a staging, setup, and teardown schedule for the event. The schedule must include chain of custody for fireworks during transport, including aerial transport if required.

8. The contractor should be aware that the NPS, State, and partners will establish an incident management team (IMT) for the event, and will require the use of a Go/No-Go checklist to confirm fuel loads, fire risk, and severe weather risk are all appropriate to move forward with the event.

Site specific considerations

After review of the contractor report, the NPS applied resource protection objectives and safety considerations to each site. The NPS requests that this additional information be reviewed by the State and, once finalized, provided to potential fireworks contractors, so that it can be incorporated into the event design.

To speed the compliance and contracting processes, the NPS prefers that the State and potential operators focus the event design on three potential launch areas: the amphitheater area, the Hall of Records Ridge area, and the talus field. Other listed launch sites would be permitted by the NPS only if sufficient considerations for safety and resource protection are provided and approved by the NPS.

Highest potential launch sites:

• Amphitheater: This area could be permitted for proximate fireworks, as described in the contractor report. No direct attachment to structures would be allowed. Proposed fireworks must address flammable vegetation and structures in the area and proximity to seating areas.

• Hall of Records Area, Ridge Area: This area could be permitted as a launch site for shells as described in the contractor report, with the following considerations:

o Identifying a specific location for the proposed launch site, addressing the lack of level ground and the need to protect the area from burn marks.

o Establishing and anchoring a durable free-standing frame for fireworks, as recommended by the contractor report; no anchors to the stone will be permitted.

o A helicopter and/or rope teams would likely be required for setup and cleanup.

• Talus field: This area could be permitted for mines or comets of 2” or less, as described in the contractor report. Any proposal to use this area must consider that boulders are unstable and present significant safety hazards during staging. No direct connection to the stones will be permitted, and comprehensive fire protection measures are needed.

Potentially feasible launch sites that present additional challenges:

• Hall of Records Canyon (area directly adjacent to Hall of Records itself): The NPS would prefer not to permit fireworks in this area due to its historic importance and the challenges presented at the site. The challenges to overcome would include:

o NFPA code requirements of 25 feet away from vertical obstruction. There is potentially a small, narrow launch site area, for fireworks to be launched at a 90 degree angle.

o Ensuring protection of the Hall of Records and guard shack. The contractor report recommended ¾ inch plywood or ¼ inch lexan. No direct attachments to the stone will be permitted.

o Constructing a scaffolding to create a launch platform higher than the Hall of

Records. The contractor report recommended 60-70 feet in height, requiring substantial material to be hauled to the site.

o No direct attachments to the stone will be permitted. Additionally, no direct attachment of fireworks or scaffolding to park structures will be permitted (i.e. the staircase to the guard shack).

o A helicopter and/or rope teams would likely be required for setup and cleanup.

• Middle Marker Trail and Middle Marker Road areas: The NPS would prefer not to permit fireworks in this area. These sites were not recommended as suitable per the contractor report. Challenges to overcome include the size of shell required for good viewing, the resulting larger fallout area, and fuel loads in the launch and fallout areas.

• Presidential Trail and forest openings: This area could be permitted for ground level fireworks and proximate fireworks, as described in the contractor report. Any proposal to use these locations must address firework spacing in the tree canopy and minimum separation distances, the combustibility of the trail and fuel loads in proximity, and protection of any nearby structures (including handrails, stairs, etc). Per the contractor report, comprehensive fire protection measures are needed, and thorough technical performance evaluation of every device in each specific location is vital. It is unclear if these sites would present any additional benefit over the talus field.

Least feasible launch sites:

• Amphitheater road: This area would likely not be permitted for fireworks. This is the only vehicle egress in the vicinity and must remain free of obstructions for safety considerations.

• Hall of Records Area, Canyon Entrance: This site would likely not be permitted for fireworks. It was not recommended for use in contractor report due to its narrow configuration and overhead obstructions.

• Hall of Records Area, Top of Carvings: This site would not be permitted for fireworks due to its cultural and historical significance, complicated staging requirements, safety concerns, and potential to damage the sculpture. This is the fundamental resource of the park, and there is a history of damage caused by previous fireworks displays from this location.

• Indian Camp: The NPS would prefer not to permit fireworks in this area due to its cultural significance, complicated staging requirements, and existing fuel loads.

• Profile Parking Area: The NPS would prefer not to permit fireworks in this area given.

The site was not recommended as suitable per the contractor report given the size of shell required for good viewing, fuel loads in the launch and fallout areas, and a launch angle that could impact the sculpture.

• Sides of Carvings/Sculpture: This site would not be permitted for fireworks due to its cultural significance, complicated staging, and potential to damage the sculpture.

Additionally, there are safety concerns for contractors staging and cleaning up fireworks in this location.

Terms used:

Fireworks are typically considered to be those used in traditional aerial fireworks displays.

Pyrotechnics are typically considered to be those used in proximate pyrotechnic performances such as in stadium and theater settings.

Pyrotechnic generally produce significantly less smoke and debris than fireworks.

Ground level fireworks include illuminations, “Niagara Falls”, line rockets, and similar effects.

Low level aerial fireworks include pyrotechnic shells, comets, fountains, and mines that are 2” (50mm) or less.

Medium level aerial fireworks include aerial shells, comets, mines, and Roman candles that are larger than 2”.

High level aerial fireworks include aerial shells 8” and larger.