BRUCE M. LANDON
Department of Justice
Environment & Natural Resources Division
801 B Street, Suite 504
Anchorage, Alaska 99501-3657
(907) 271-5452
FAX (907) 271-5827
Attorney for Federal Defendants

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

ROBERT HALE; JOSHUA HALE;     )
NAVA S. SUNSTAR; and          ) Case No. A03-0257-CV (RRB)
BUTTERFLY SUNSTAR,            )
                              )
Plaintiffs,                   )
v.                            )
                              )
GALE NORTON, Secretary of the )
Interior; GARY CANDELARIA,    )
Superintendent, Wrangell-St.  )
Elias National Park &         )
Preserve; HUNTER SHARP, Chief )
Ranger, Wrangell-St. Elias    )
National Park & Preserve;     )
DEPARTMENT OF THE INTERIOR;   )
NATIONAL PARK SERVICE; FRAN   )
MAINELLA, Director of the     )
National Park Service; MARCIA )
BLASZAK, Acting Regional      )
Director of the National      )
Park Service, all in their    )
official capacities,          )
                              )
Defendant.                    )
                              )

DECLARATION OF HUNTER SHARP

Hunter Sharp declares and states pursuant to 28 U.S.C. 1746:

1. I am the Assistant Superintendent and Chief Ranger of Wrangell-St. Elias National Park and Preserve. I have been the Assistant Superintendent for two years. I have been the Chief Ranger for the past five years. I make the statements in this declaration based on personal knowledge and Park Service records.

This declaration is organized as follows:

A. Paragraphs 2 and 3 describe my job responsibilities and training

B. Paragraphs 4 and 5 describe the areas in which motorized travel is permitted in Wrangell-St. Elias National Park and Preserve without a permit, and describe the history of the McCarthy-Green Butte Road prior to plaintiffs arrival.

C. Paragraphs 6 through 51 describe the chronology of National Park Service relations to the plaintiffs and harm to park resources.

D. Paragraphs 52-54 describe the alternatives to bulldozer access to plaintiffs' properties and the customary methods of access to inholdings in the park.

E. Paragraphs 55-56 describe concerns relating to spawning dolly varden from multiple stream crossings in a tracked vehicle.

Part A. Responsibilities and Training

2. My duties include acting as the Superintendent in the Superintendent's absence, attending public meetings to represent the Superintendent, speaking to the public to explain park policy and regulations, and working with the public to solve problems related to uses of park resources. As the Chief Ranger I am also the line officer in charge of the park's rangers who are responsible for law enforcement, visitor safety, and resource protection within the Park. As the Chief Ranger I am a commissioned law enforcement officer for the National Park Service. I have been commissioned as a law enforcement officer since 1976 when I attended the Federal Law Enforcement Training Academy at Glenco Georgia. I have worked for the National Park Service as a law enforcement officer in eight parks counting Wrangell-St. Elias National Park and Preserve for about 27 years. In 2001, I was honored to receive the National Park Service's Harry Yount Award, which recognized me as the national Ranger of the Year.

Part B. Motorized Travel in Wrangell-St. Elias and History of the McCarthy-Green Butte Road

3. I am responsible for coordinating the processing of access-related permits such as rights-of-way requests within Wrangell-St. Elias National Park and, Preserve. Within Wrangell St. Elias NP/P access to inholdings is regulated by 43 CFR 36.10 which requires an inholder to obtain a right of way permit unless they are using a means of access such as a snow machine or airplane which is authorized by regulation or they are traveling on an established road. Within Wrangell St Elias National Park and Preserve established roads are those rights-of-way deeded to the State of Alaska such as the McCarthy Road, the Nabesna Road, the Nazina Road, the May Creek Road and Dan Creek Road; or those existing trails where off road vehicle use is authorized by permit. A listing of the routes and trails permitted for offroad vehicle use is found in the Wrangell-St. Elias National Park and Preserve Subsistence Plan Chapter 5, page 1. The established trails are Black Mountain, Boomerang Lake, Caribou Creek, Copper Lake, Kotsina Road, Lost Creek, Nugget Creek, Reeve Field, Soda Lake, Suslota Lake, Tanada Lake, and Trail Creek. A copy of the Subsistence Plan page is attachment number 1 to this declaration. The route that follows McCarthy Creek is neither a deeded right of way nor an established trail authorized for off road travel, nor is it designated under Executive Order 11644.

4. I am familiar with the condition of trails in the park and routinely review information about trail conditions provided by park employees and visitors to update my knowledge. Prior to the arrival of the Hale family in 2002, the route up McCarthy Creek from McCarthy was an overgrown old mining road known as the McCarthy-Green Creek Road. In the early 1900s, vast quantities of copper were discovered in the McCarthy area. The two largest finds were on Bonanza ridge that separates the McCarthy Creek valley from the McCarthy-Kennecott Valley.

In 1917 the Mother Lode Company built an all-season wagon road from McCarthy to the Marvelous Millsite, complete with two tunnels and numerous bridges where ther road crossed McCarthy creek.

In 1919, the Kennecott Company bought the Motherload Coalition. There is no evidence that Kennecott maintained the road after it acquired the Motherlode Mining Claims in 1919, but if it did, that effort certainly ended by 1926 when the company abandoned both its camps on McCarthy Creek. The Green Butte and Tjosevig mining interests maintained the road for a few years in the twenties, and in 1928 the Alaska Road Commission assumed responsibility of the route as far as Green Butte. Beginning in 1938, the Alaska Road Commission listed the route as "abandoned."

The route up McCarthy Creek fell into disrepair. The 19 bridges on the creek were washed away. By the mid 1940s the road was so overgrown that it was difficult to walk. In the 1970s Mr. Walt Wigger reopened the old mining road however he was unable to follow the original route and consequently diverted from the original alignment in several places, sometimes for lengthy sections. The lands in the McCarthy Creek area have been continuously withdrawn and unavailable for the creation of an R.S. 2477 right of way at least since the "Alaska land freeze" of January 19,1969. Wigger kept a bulldozer at the Marvelous Millsite. He accessed the site with an airplane, landing on the 900' long airstrip on the Spokane Placer claim. With the creation of the Park in 1980, Wigger ceased his mining and did not apply for an overland right of way to his property. From 1980 to the present time, the road has served as a winter snowmobile route for a few residents. In 1980, a local resident attempted to drive up the old road but was forced to abandon her car before she had driven more than 3 miles from McCarthy. There were no remaining bridges by 2002. Within a week the creek had covered the car with gravel in a high water event. By 2000, the old road had regrown in trees and brush to the point that it was considered a brushy difficult hike. I had flown over the route prior to the Hale family arrival and was familiar with the view from the air. When the Hale family bulldozed the route in 2002 they were not using a road that had been in constant use for 100 years. They were bulldozing and blading off at least 22 years of regeneration and natural reforestation of the old road scar and damaging some pristine areas in the process. The report of Park Historian Geoff Bleakley on the history of the McCarthy Creek Road is attachment number 2 to this declaration.

5. In late April of 2002, I became aware that a family who call themselves the "Pilgrims" had purchased property (patented mining claims, the Marvelous Mill Site, the Spokane Placer Site, which contains a 900' airstrip, and the Mother Lode Mine Claims) about 12.5 miles up McCarthy Creek from the town of McCarthy Alaska. A map showing the location of these parcels is attachment number 3 to this declaration. The map also shows the location of the 1601 adit on park land approximately mile from the Hales' property.

6. The three parcels are separate from each other and are surrounded by park land. No one had lived on the parcels since the Park was established in 1980. Knowing that access to the property was by an airstrip located on the Spokane Placer site and that no usable road connected the three parcels with McCarthy or the State highway system, I attempted to contact the family by visiting McCarthy to speak with them directly about access and other issues of mutual concern. When I approached a parcel of land they occupied in McCarthy, two of the young men refused to talk to me except to direct me to "stay off the property". I complied. As I was unsuccessful in my personal approach, I wrote a letter to the family in early May of 2002. I hand delivered the letter to the mail box in the McCarthy mail shack at the airport in McCarthy where mail to the community is delivered. I placed the letter in the mailbox marked "Pilgrims". The letter was returned to me by U.S. Mail unopened. That letter is attachment number 4 to this declaration.

7. Subsequent investigation revealed that the point purchasers of the three parcels of property were Nava S. Sunstar, Butterfly Sunstar, and Joshua Hale. The Deed of Trust regarding the purchase of the three parcels for $420,000 is attachment number 5 to this declaration.

8. Further investigation revealed that the remaining members of the family are the parents Robert Allen Hale and Kurina Rose Hale, and the other children, David Hale, Moses Hale,Israel Hale, Jerusalem Hale, Hosanna Hale, Job Hale, Noah Hale, Abraham Hale, Psalms Hale, Lamb Hale, Bethlehem Hale and an infant whose name is not known to me.

10. On June 27, 2002 I directed NPS Ranger Marshall Neeck to post a public notice to the citizens of McCarthy on the Mail Shack at McCarthy Airstrip. The notice described planned helicopter activity relating to mine openings and the plan to attempt to locate property corners of private parcels in McCarthy Creek. That notice is attachment number 7 to this declaration.

11. In early July we found a message titled AKA Pilgrims Public Notice # 1 posted at the McCarthy Mailshack. The notice stated that " We do not allow any encroachment by National Park or others to trespass on our land for survey purposes - it is private holdings." That document is attachment number 8 to this declaration.

12. On July 8, 2002 Ranger Marshall Neeck attempted to speak with Mr. Hale on the street in McCarthy. Mr Hale responded "that's it I'm not talking to you". The Case Report from Ranger Neeck is attachment number 9 to this declaration.

13. On September 19, 2002 I mailed a letter addressed to Mr. Hale part of which stated as follows:

Your family has accomplished considerable ground clearing work near the Marvelous Millsite. Our property maps indicate that much of this work may have been performed on federal parklands and not on your private land. Before you started this ground clearing, the NPS informed you that we planned to survey to clearly locate our common boundary with your private property. An accurate survey may have prevented this illegal clearing of federal parklands. As it is, some of your recent ground clearing work appears to have been performed on land to which you do not hold title or to which you do not have a valid right-of-way permit, and this is a violation of law. Please stop your clearing and ground disturbing actions on federal parklands immediately.

You communicated in a public posting that you do not want us to trespass on your land to perform a survey. We would prefer to avoid your private land in performing this survey, however due to the nature of mining claims, an accurate survey will require measuring from reference points located on your property. This would be a one time only entrance onto your property that could be scheduled well in advance and should pose no inconvenience to your family. By working together on this one instance, both our interests will be served by establishing the accurate boundary line between your private property and federal parklands.

The letter was returned unopened. This letter is attachment number 10 to this declaration.

14. On September 29, 2002 Ranger Thomas Betts reported sighting a bulldozer on park land between the Marvelous Millsite and the Mother Lode Claims. The bulldozer was high on the west valley wall above McCarthy Creek. This Case Report is attachment number 11. to this declaration. I had flown over the valley many times in previous years. I had never seen recent ground or vegetation disturbance on the remnants of the old trail leading from Marvelous Millsite to the Mother Lode Claim or from the Marvelous Millsite down McCarthy Creek toward McCarthy on any of my flights prior to the occupancy of the property by the Hale family.

15. On October 10, 2002 I received a Case Report from Ranger Betts describing an overflight flight that he and Ranger Neeck had made on October 3, 2002. Ranger Betts report described seeing a bulldozer at the Marvelous Millsite and photographing a recent road clearing extending down valley from the Marvelous Millsite. This Case Report is attachment number 12 to this declaration.

16. During the last two weeks of August of 2003 a NPS field team of botanists, a geologist, and archeologists initiated an injury assessment of the entire scar bulldozed by the Hale family prior to the end of September 2002. The preliminary findings are that the route used by the Hales reopened a road that had been overgrown for 22 years. The team located freshly bulldozed spruce trees that were 18 years old. Some portions of the route bulldozed by the Hales diverged from the older road scar and created a new track on previously pristine park lands. Tree cores in one of these pristine areas revealed bulldozed trees 145 years old that were pushed over or cut down. The longest of these sections measured hundreds of feet in length. The damage was not limited to the immediate path. The spoil piles along the edge of the bulldozed track buried existing vegetation and in some places created piles 5 feet high. There are several places where ground water was not diverted from the trail resulting in a constant flow of water down the trail. or the development of undrained mudholes and boggy areas. There are several places where the bulldozer operator did not confine himself to a single track and two or three parallel tracks or alternative routes have been created. The route crosses McCarthy Creek 17 times between the Marvelous Millsite and the town of McCarthy.

17. National Park Service (NPS) regulation Title 36 CFR Section 2.1 (a) prohibits "possessing, destroying injuring defacing, removing, digging, or disturbing from its natural state ... plants or the parts or products thereof."

18. NPS regulation 36 CFR 5.7 prohibits "constructing or attempting to construct a ... road, trail, path or other way ... upon across, over, through or under any park areas except in accordance with the provisions of a valid permit, contract or other written agreement with the United States ...."

19. Regulations for access to inholdings within National Parks in Alaska are found in Title 43 CFR Part 36, and more specifically at section 36.10.

20. Prior to the bulldozing activity neither I nor any park employee had received any request or application for access to the Marvelous Millsite, Spokane Placer site, or the Motherlode Mining Claims. No permits have been issued for road, trail, path or other way construction activities or ground clearing activities in the McCarthy Creek drainage.

21. On February 11, 2003 I made a trip up McCarthy Creek on snow machine accompanied by Rangers Neeck and Richotte. We traveled about 12 miles upstream from McCarthy. For most of the day we were followed closely by three snow machines with 4 armed young men from the Hale family. At about 1:30 p.m. we saw two signs posted on a tree beside the trail. The signs said "Private Property no trespassing NPS" and "Private Property no trespass NPS not allowed beware cables". These signs were also located on Park land. We stopped and photographed the signs. As we photographed, the 4,individuals who had been following us took their snow machines around us and placed one machine athwart the trail to prevent further travel. We turned our snow machines around and started back down the trail. Not long after turning around we were passed by the snow machines and the 4 young men. On our return trip to McCarthy we discovered that two ice bridges across McCarthy Creek had been cut out forcing us into the stream to cross the creek. After some difficulty we reached McCarthy at 4:OOpm.

22. From the time that the Hale family purchased the property in April 2002, the Park had offered to survey the property boundary. As the summer and fall of 2002 passed with no agreement to survey, and me observed more and more ground clearing and road construction I became convinced that a survey would be needed to accurately define the boundaries of the Marvelous Millsite and the Spokane Placer site. The extent of the ground disturbance on park lands and of the injury to park resources could not accurately be assessed until the actual property boundary was known.

23. On April 11, 2003 I delivered a notice to a wannagon (a cabin-like structure on wheels similar to a trailer) in McCarthy that is occupied by the Hale family. The notice informed the family of the NPS plans to survey. the property boundaries of the Marvelous Millsite and the Spokane Placer site; that the route they had bulldozed between McCarthy and Marvelous Millsite was illegal and could not be traveled by mechanized vehicle other than snow machines without first obtaining a permit, and that the family's personal property stored at the 1601 Adit on park lands was in trespass and should be removed prior to July 1, 2003. This notice is attachment number 13 to this declaration. I also posted a public notice giving notice that the route opened by the Hales was an illegal vehicle route for motorized travel other than snowmachine. This notice was not a new closure to the route as the route had always been closed by regulation to such uses since the park was created. This notice is attachment number 14 to this declaration.

24. On April 18, 2003, I returned to McCarthy he company of Superintendent Gary Candelaria and District Ranger Marshall Neeck. We held a public meeting at the McCarthy Lodge to explain the need for the public notices to members of the community who had asked for an explanation. As we approached the lodge we could see a bulldozer, a wagon and several horses positioned in front of the lodge. There were also several members of the Hale family who were carrying signs and walking back and forth. The signs asserted the Hale family's right to travel McCarthy Creek without a permit. Superintendent Candelaria spoke to about 25 - 30 people inside the McCarthy Lodge regarding the requirements for rights-of-way permits. During the meeting we were handed a message from the Hales by Mr. Keith Rowland. The message was dated Friday, April 18, 2003 and contained 11 conditions under which the Hale family would permit the NPS to survey the common boundary between their property and the surrounding park lands. This notice is attachment number 15 to this report.

25. On April 21, 2003, I returned to McCarthy to deliver a reply to the Hale conditions under which the cadastral survey could take place. I gave the message to the owner of the McCarthy Lodge Neil Darrish, as the Hales had indicated that they would not accept the-notice directly from the National Park Service. A copy of the reply to the Hales is attachment number 16to this report.

26. On April 25, 2003, Rangers Betts and Harper patrolled McCarthy Creek. They provided me with photographs of an area located approximately three miles downstream from the Marvelous Millsite on Park land. The photographs show fresh bulldozer activity on previously undisturbed park land off to the side of the route described in paragraph 15 of this declaration. The new disturbance appeared to be spur routes that were lateral deviations from the route described in paragraph 15. Ranger Harper's Case Incident Report is attachment number 17 to this declaration.

27. On June 9, 2003 I delivered a letter from Department of Justice attorney Bruce Landon to Nava S. Sunstar, AKA Joseph Hale, Butterfly Sunstar, AKA Elishiba Hale, and Joshua Hale in the presence of their father Robert A Hale at about 11:30 a.m. at their residence in McCarthy. The letter informed the Hales that the bulldozing the route without an access permit was illegal. It also informed the Hales that interference with the survey crew could be a crime. A copy of the DOJ letter is attachment number 18 to this declaration. At that time the Hales gave me a hand written notice that indicated that they would not permit a survey of their property. A copy of the Hale's notice is attachment number 19 to this declaration.

28. On June 9, 2003 I received a fax from the Hales that indicated that they would permit a survey of their property. A copy of that fax is Attachment number 20 to this declaration.

29. On June 13, 2003 I became aware that the Hales were represented by Attorney J.P. Tangen with regard to heir access issues due to a meeting Mr. Tangen and Robert Hale had with the Regional Director.

30. On July 1, 2003 the BLM Cadastral Survey Crew completed the field work for their retracement survey of the property, lines around the Marvelous Millsite and the Spokane Placer property. The BLM crew located several of the old corner markings for the adjacent Hero claim and was able to reestablish the corners of the Marvelous Millsite and the Spokane Placer properties.

31. On July 1, 2003 I left a copy of Title 36 CFR parts 1 to 199 along with a note which outlined some of the applicable regulations on an upturned round of wood in the yard at the Hale residence in McCarthy. At that time, I spoke to Elishaba Hale and called her attention to the CFR and note which were encased in a clear zip lock plastic bag as I placed the bag on the round of wood. I then walked to the main street in McCarthy and spoke to Joseph Hale and informed him that I had left the family a, complimentary copy of the park regulations on the round of wood in the yard. Joseph acknowledged the conversation. A copy of the note to the Hales is attachment number 21 to this declaration.

32. On July 1, 2003 at 11: 00 a.m. Ranger Marshall Neeck, Special Agent Richard Larrabee and I flew by helicopter to the 1601 mine adit on park land in Independence Gulch. The 1601 Adit was dug by the Kennecott Corp. in the early twentieth century. It was abandoned after the cessation of copper mining in the area in 1938.The adit has been left unattended for decades. The airflow through the adit has proved sufficient to prevent ice from closing off the entire shaft. In 2002 the NPS published compendium regulations which made it a violation of 36 CFR 2.1 (a) (5) to enter any of the mine openings on federal land within the Kennecott National Historic Landmark. This closure complied with the Federal Mine Safety and Health Act of 1977. The compendium explains that the abandoned mines contain hazards that could result in serious injury or death. They have decayed support timbers, unsafe ladders, rotten structures, unstable explosives, deep pools of water, cave-ins, rock fall from unstable ceilings and walls, deadly gas, lack of oxygen, concealed or thinly covered vertical shafts in tunnel floors. At the adit we removed a lock which secured a chain on the door to the adit that had not been installed by the NPS. We also removed several hand lettered signs affixed to the door that informed the reader that the mine was the property of the Hale family and that the National Park Service and the public were not permitted entry to the mine portal. We collected personal property stored outside the adit that we believed to be the property of the Hale family. We also replaced the Hale's lock with Service lock and signs indicating the adit was closed. A Photograph of the Hale's signs at the adit is attachment number 22 to this declaration.

The Hale family had not applied to the park for a permit to mine in the park as required under the Mining in the Parks Act. The family had not notified the park that they were chaining the adit shut and posting it as their property. The NPS took not action to prevent the Hales from traveling overland to the Motherload Mining Claims by foot.

33. On July 1, 2003 at 1200 hrs. Ranger Neeck, SA Larrabee, and I landed in a helicopter near the Marvelous Millsite and walked to the southeast corner of the Hale property. We were met by Israel and Moses Hale who informed us that we would not be permitted to walk on park lands past the east boundary of the Marvelous Millsite as that was their backyard. We proceeded to walk up the road past the Hale's house looking for the ELM survey crew who were to orient us to the locations of all of the inholding corners. We continued up the road until We met with Mr. Moss the ELM Chief of Party who showed us the corners that he had monumented with permanent brass caps.

34. On July 8, 2003 Superintendent Candelaria received an e-mail from Robert Hale informing Mr.Candelaria that he must hand deliver a key to the lock on the 1601 adit to the Hales by July 13, 2003. Superintendent Candelaria responded that the NPS did not recognize that the Hales had a property right to the adit, which was on park land. Mr. Candelaria, also wrote that the adit was closed in compliance with the Federal Mine Safety and Health Act of 1977. Mr. Candelaria stated that he would take Mr. Hale's request under consideration. A copy of the e-mail exchange is attached as attachment number 23 to this declaration.

35. On July 8, 2003 Mr. Candelaria received a second e-mail from Pilgrim AKA Robert Hale declaring that he wanted a permit to "deadhead" a bulldozer between McCarthy and the Marvelous Millsite and to make this trip whenever he felt it necessary. The Superintendent replied by email dated July 10, 2003, that Mr. Hale would need a right-of-way permit. His e-mail also stated that "we will be happy to assist you and/or your attorney in completing the necessary Right-of-Way permit application and facilitating the required coordination with other affected federal and state agencies such as the Corps of Engineers, Fish and Wildlife Service etc. This is a complicated process, but one we have been through before and are willing to assist you in following. It would be most helpful for your or your attorney to contact the park, specifically Ms. Vicki Snitzler, Park Planner and Chief of Compliance at 907-822-7206, for details and to setup a meeting to begin the permit application process. Ms. Snitzler can explain the process and its components." A copy of the e-mail exchange is attachment number 24 to this declaration. The NPS did not hear from Mr. Hale or his attorney regarding his right-of-way request until September 2, 2003 See number 39 below.

36.On July 16, 2003 Rangers Neeck and Richotte apprehended Joseph Pilgrim AKA Nava Swan Sunstar as he used a pick ax to remove the NPS signs and break the chain on the door to the 1601 adit. Joseph Pilgrim AKA Nava S. Sunstar was issued two notices of violation for trespassing and vandalism.

37. On August 13, 2003 Joshua Hale was issued a notice of violation for guiding a commercial horseback trip on park lands on August 2, 2003 without the required business permit from the NPS. Joshua Hale engaged in the business activity by guiding undercover Ranger Rooker despite the fact that the family had been warned by letter that business activities on park lands required a permit from the NPS. The family had not requested a business permit.

38. August 18, 2003, I accompanied a party of Park Service personnel and rangers who were conducting filed work as a part of a damage assessment survey of the lands adjacent to the Marvelous Millsite and of the route bulldozed by the Hale family. The field work commenced on August 18, 2003 and concluded on August 31,200 39. On September 2, 2003, The NPS regional office in

Anchorage received a SF-299 request for right of way application. The application requested an emergency access permit for the Hales from McCarthy to the Marvelous Millsite no later than September 30, 2003 and explained that the permit request was not a permanent request, but only an application to cover immediate needs. A copy of the SF-299 is attachment number 25 to this declaration.

40. On September 8, 2003, the Park responded to the request with a letter asking for clarification as to the nature of the emergency, asking for more detail about several aspects of the proposal, and pointing out that the Park would be required to complete an Environmental Assessment prior to authorizing a permit. A copy of the letter is attachment number 26 to this declaration.

41. On September 14, 2003, the Park received a hand-written message from Mr. Robert Allen Hale AKA Pilgrim with his response to the list of questions and his assertion that his family had limited time remaining to travel the valley floor before freezing conditions make travel impossible. Mr. Hale asserted that the months of "10 and 11" were a window of opportunity to haul loads to the Marvelous Millsite and that winter conditions made hauling loads later unacceptable or too late. A copy of Mr. Hale's September 14 response is attachment number 27 to this declaration.

42. On September 17 the Acting Regional Director Marcia Blaszak, Superintendent Candelaria, and other Department of the Interior personnel met with the Hales` attorney Mr. Tangen, and other representatives of the Hales.

43. At my direction NPS rangers in Kennecott investigated the aircraft options available in McCarthy to the Hale family. Rangers spoke with Mr. Gary Green owner/operator of McCarthy Air a locally based air taxi. Mr. Green explained that the Hales had already purchased a $200.00 flight from McCarthy Air using his Pilatus Porter aircraft which can haul 2,000 lbs to the Hales airstrip per trip.

44. On September 29, Deputy Regional Director Vic Knox telephoned Mr. Tangen and stated that the NPS was willing to expedite the EA process, but that even an expedited EA would take a minimum of 9 weeks to complete.

45. On October 1, 2003 Acting Regional Director Marcia Blaszak wrote Mr. Tangen to provide further information as to why the NPS reached the determination that the Hales September 14, 2003 request does not qualify for an exemption from NEPA because it is not an emergency as defined by the Council for Environmental Quality (CEQ) and NPS guidance. The letter reviews CEQ guidance. A copy of the October 1, 2003 letter is attachment number 28 to this declaration.

46. On October 2, Superintendent Candelaria wrote Mr. Tangen to restate the offer made by phone on September 29. Superintendent Candelaria's letter reiterated the offer to expedite the EA process. The process would take approximately nine weeks - 30 days for preparation of the EA, 30 days for public comment and one week after comment to issue a decision. The Superintendent stated that the agency had elected to waive the recovery of administrative and other costs related to conducting the NEPA process. The Superintendent stated that the agency would commence the EA process as soon as the plaintiffs indicated that they wished the agency to proceed a point of contact to respond to questions that might arise during the EA process. A copy of this letter is attachment number 29 to this declaration.

47. On October 8, the NPS wrote to Mr. Tangen to propose a meeting between the NPS and Mr. Hale which could be facilitated by a third party. A copy of the NPS letter is attachment number 30 to this declaration.

48. On October 10, a group of private individuals organized volunteer supply flights for the family.

49. On October 21, Mr. Tangen responded to the NPS with a letter acknowledging the repeated communications from the NPS and suggesting that as a result of 44 successful supply flights already accomplished by October 18, his clients would not need the original 8-9 round trips with a bulldozer but could probably manage with 2-3 round trips. Mr. Tangen suggested that the reduced number of trips should make it possible for the NPS to issue a Finding of No Significant Impact (FONSI) and consequently a permit for the bulldozer activity that they had requested. A copy of the letter is attachment number 31 to this declaration

50. On October 29, the NPS replied to Mr. Tangen's letter of dated October 21, 2003. The NPS letter reminded Mr. Tangent that a FONSI could only result from a completed EA. The NPS letter again requested Mr. Tangen to confirm whether the plaintiffs wished the agency to proceed with the EA process. The NPS included a list of facts and assumptions that had been gleaned from previous correspondence with the Hales and requested confirmation of those assumptions was correct for use in the EA. A copy of this letter is attachment number 32 to this declaration.

51. The NPS has received no response from plaintiffs or their attorneys requesting us to proceed with the preparation of the EA or to confirm the assumptions referenced in the October 29 letter.

Part D. Alternative means of access available to the Hale family and customary in Wrangell-St. Elias

52. The Spokane Placer site has a 900' airstrip that is maintained and in use. The airstrip is a 15 min. flight from McCarthy airstrip. The local air taxi operators will fly in and out for $100 to $150 in a Cessna 185 aircraft with a load capacity of 1,200 lbs per trip. One of the air taxi operators has a Pilatus Porter aircraft with a 2,000 lb load capacity which he has made available to the Hales for $200 per trip. The family has 8 horses and has the demonstrated ability to travel the route on horseback or packing the horses. They also have two large draft horses which are used as a team to pull either of their two wagons. One of the wagons has a 16' bed and was seen hauling insulation and building materials upstream on October 8, 2003. During the late fall and winter snow and frozen river conditions allow for snowmobile travel. Usually conditions are favorable for snow machine use from late November through mid to late April. Snowmobiles are capable of towing a significant load in a trailer. Last winter I encountered members of the Hale family on the route between Marvelous Millsite and McCarthy I saw four snowmobiles and a towed sled.

53. October 8, 2003 Fisheries Biologist Eric Veach observed members of the Hale family proceeding upstream with a horse drawn wagon. Mr. Veach's written report indicates that the wagon was about 16 feet long and that it appeared to have the volume of two pickup trucks. The wagon was piled high with house insulation, and 2X4s or 2X6s. He observed the wagon near the junction of McCarthy Creek and Nikolai Creek, about 5 miles upstream from McCarthy toward the Marvelous Millsite. A copy of Mr. Veach's report is-attachment number 33 to this declaration.

54. Numerous year-round residents of locations within Wrangell-St. Elias National Park and Preserve do not have road access and are supplied by aircraft or snowmachine. The numbers below indicate approximate number of winter inhabitants. Summer residents frequently double the populations.

This ATV access is along a designated established trail, see paragraph 3 above. Part E. Concerns Regarding Dolly Varden Populations

55. On October 8 and 9, 2003, park fisheries biologist Veach sampled four sites in the McCarthy Creek watershed from the Park boundary upstream to Green Butte, including one site in lower Nikolai Creek. Mr. Veach reported that he found dolly varden ranging from less than 40 mm to 432 mm in length. Dolly Varden were present at all sampled sites. His sampling in McCarthy Creek slightly upstream of the mouth of Nikolai Creek produced 17+ inches fork length male dolly varden who was dripping milt when removed from the water. Mr. Veach reports that this indicates that the fish was either spawning or preparing to spawn. It was Mr. Veach's professional opinion as a journey level fisheries biologist working in the field since 1989, that: McCarthy Creek provides both spawning an rear g habitat for a viable dolly varden population and the large male individual he sampled was exhibiting either an anadromous or fluvial life history; dolly varden were present in Nikolai Creek as well and are likely present in the East Fork of McCarthy Creek; this population would be vulnerable to a range of impacts from crossing open waters in McCarthy Creek and its tributaries with a tracked vehicle such as a D-4 Caterpillar bulldozer. This is an issue for Wrangell St. Elias National Park/Preserve because the enabling legislation directs the Park to protect populations oz and habitat for fish and wildlife. Mr. Veach's report to me is attachment number 34 to this declaration.

56. Dolly Varden are known to spawn from mid August through November.

I declare under penalty of perjury that this is true and correct.

Dated: 11/12/03 Hunter Sharp