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Note: This is a word-for-word representation of the official signed document. It is provided for your convenience and is not considered the official project documentation.

Removal of a Former Special Use Cabin

Decision Memo

Wrangell District

Decision

It is my decision to authorize the removal of an abandoned wood frame cabin and associated structures located on Dry Island, within the Stikine Le-Conte Wilderness. The heirs of the former permittee abandoned these structures to the Forest Service after the permit terminated with the death of the last permittee. Disposal of the aged structures by the Forest Service was part of a negotiated resolution. The special use permit terminated on its own process without Forest Service administrative action. Removal of permitted structures upon termination of their special use authorization was a requirement of the permit.

Along with removal of the structures, the site will be cleaned of trash and other manufactured objects. All disposal and site work will be accomplished using hand tools as the minimum requirement necessary to accomplish the work as required by Forest Service Manual R-10 ID 2300-2006-1. The timing and method of disposal will depend on funding, personnel and weather, but will occur in the next five years.

Existing Condition

The Alaska National Interest Lands Conservation Act (ANILCA) Section 1303(d) provides for one transfer of pre-existing cabin permits after passage of the law in 1980. L.C. Bigelow was the holder of the special use permit in 1980, having received the authorization in 1972 from his second wife upon her death. Upon Mr. Bigelow’s death the permit was transferred in 1989 to his third wife. Elva was not a co-holder of the permit with L.C. in 1980, but she became the holder of the permit after 1980. That action constituted the one transfer provision of ANILCA 1303(d). When Elva passed on in 2003, the permit terminated according to its terms and could no longer be transferred according to Section 1303(d). Elva’s will was settled in 2004, and ownership of the structures passed to Elva’s daughter, Zona Gregg. Removal of permitted structures upon termination of their authorization is normally the responsibility of the permit holder, their estate, or their heirs. Since 2004 Zona has been working with the Wrangell District to remove all personal items including furniture and other non-burnable materials; and for disposal of the aged structures. On September 30, 2004 Zona Gregg and Wrangell District Ranger Chip Weber negotiated removal of the structures. When the work of the Gregg family is completed and accepted by the Wrangell District Ranger, the Forest Service agreed to accept ownership and responsibility for the structures. The Forest Service will then remove the structures. In the agreement between the Forest Service and Zona, the Forest Service would assume the cost for removing the structures.

The site is within the Stikine-LeConte Wilderness. The Wilderness Act of 1964 directs that wilderness be managed to maintain an “untrammeled state” and an “undeveloped, primitive character”. Removal of the structures is consistent with ANILCA direction.

Why This Decision is Categorically Excluded

The Environmental Policy and Procedures Handbook (FSH 1909.15, 31.2(3)(h)) states that "approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land" can be categorically excluded from documentation in an Environmental Assessment (EA) or Environmental Impact Statement (EIS). Since this removal and site reclamation was a requirement of the former special use authorization, and subsequently assumed by the Forest Service, this action constitutes the final administration action related to the permit. Scoping did not reveal any extraordinary circumstances connected with this proposal.

Scoping and Public Involvement

The continued administration of cabin authorizations on the Wrangell Ranger District was given public scoping in 1993, 1995, 2000 and 2005. Removal of structures upon termination of the permit is part of the administration of a cabin’s authorization. Public involvement for the administration of the cabins for the five-year period from 1995 to 2000 included two mailings to about 500 people and agencies. Administration of the Bigelow permit was one of the cabins included in those scoping projects. Recent public scoping for removal of the abandoned structures at the Bigelow site included listing the project in the Tongass National Forest Schedule of Proposed Actions (SOPA) starting in the spring of 2006. No comments were generated from any of these scoping efforts on the administration of the cabin authorizations, or the removal of the abandoned structures.

Internal Forest Service scoping was also conducted during 2005. Concerns for the heritage resource were identified and a Forest Service archeologist inspected the sites. The Forest Service archeologists conferred with the State Historic Preservation Officer (SHPO) about the possible historic significance of the structures. Forest Service ecologists and wildlife biologists visited the cabin site and were also consulted for resource issues and concerns. The removal of the cabin would have no impact to listed sensitive plant species.

Findings Required by Other Laws

Tongass Land and Resource Management Plan (1997)
This decision is consistent with the Forest Plan. The cabin is located within an area identified in the Tongass Land and Resource Management Plan as having a Land Use Designation of Wilderness (WW). WW direction provides for the removal of cabins authorized prior to December 2, 1980 consistent with ANILCA 1303(d).

ANILCA Section 810, Subsistence Evaluation and Finding
The effects of cabin permit administration have been evaluated to determine potential effects on subsistence opportunities and resources. There is no documented or reported subsistence use that would be restricted as a result of this decision. The Bigelow family’s use of the cabin for hunting and gardening has been authorized since 1972. However, no garden has been planted at the site since 1984. Elva Bigelow’s surviving daughter and husband own approximately 160 acres of private land across King Slough from the Bigelow cabin site. They have constructed a building on their land they could use as a base for their traditional subsistence activities on Federal lands in the Knig Slough area. A subsistence evaluation and determination is available at the Wrangell Ranger District.

Coastal Zone Management Act of 1972, as Amended
Under the Coastal Zone Management Act (CZMA), Federal agency activities within the coastal zone must be consistent with the Alaska Coastal Management Program (ACMP). This is a Federal agency activity as defined in 15 CFR 930.51(a). The Forest Service/State of Alaska Memorandum of Understanding on Coastal Zone Management Act/Alaska Coastal Management Program Consistency Reviews (MOU) lists activities normally requiring a consistency determination (MOU, Section 202.B.1.). This activity is authorized under a categorical exclusion (FSH 1909.15, Section 31.2.8) rather than EA or an EIS, and is not listed in Section 202.B.1 as normally requiring a consistency determination. Therefore, unless the State of Alaska requests and is granted permission from the National Oceanographic and Atmospheric Administration to review this permit, no consistency certification or review will be required.

Endangered Species Act of 1973
Forest Service ecologists and biologists have visited the cabin site and conducted resource investigations. The removal of the aged cabin would have no affect on endangered and threatened animal species, and is not likely to cause a trend to federal listing or a loss of viability for any animal species considered. A Biological Evaluation analysis and determination for threatened, endangered and sensitive animal species is available at the Wrangell Ranger District.

National Historic Preservation Act of 1966
The Forest Service program for compliance with the National Historic Preservation Act (NHPA) includes identifying, inventorying and determining eligibility status for all historic properties (cultural sites) that may be directly or indirectly affected by scheduled activities. Regulations (36 CFR 800) implementing Section 106 of the NHPA requires that Federal agencies consider the effects of their actions on such properties.

In 1994 Forest Service archaeologists completed a cultural resource survey and architectural assessment for structures within the Stikine-LeConte Wilderness (Hanks & McCallum, Project 94-02-16-A). That survey and assessment indicated the Bigelow structures have existed since at least 1954, making them more than 50 years.

In 2005 Forest Service archeologists again surveyed the site and assessed the structures for their heritage resource. A Determination of Eligibility for the National Register of Historic Places was completed for the structures under Section 106 of the National Historic Preservation Act. The Forest Service archeologist recommended that the cabin site is not eligible to be placed on the National Register of Historic Places because the site lacks sufficient integrity to convey its association with significant events, is not associated with important persons significant to our past, does not possess distinctive construction methods or the work of a master, and does not have the archaeological potential to provide information important to our past.

The Alaska State Historic Preservation Office (SHPO) reviewed the Determination of Eligibility and on October 6, 2005 concurred with the Forest Service determination. The SHPO also concurred that there are no historic properties affected by the removal of the structures.

The removal of these structures will not result in ground disturbing activities, and therefore does not have the potential to affect subsurface historic resources if they exist.

Floodplain Management (E.O. 11988), Protection of Wetlands (E.O. 11990)
This activity will not impact the functional value of any floodplain as defined by Executive Order 11988 and will not have negative impacts on wetlands as defined by Executive Order 11990. Removal of the structures from the Stikine River delta, and restoring the site to its natural vegetation, will promote the functional value of the flood plain and wetland.

Recreational Fisheries (E.O. 12962)
This activity will not impact any recreational fishery as defined by Executive Order 12962. It will not affect the quantity, function, sustainable productivity, and distribution of United States aquatic resources for increased recreational fishing opportunities.

Environmental Justice (E.O. 12898)
I have determined that, in accordance with Executive Order 12898, that removal of these aged abandoned structures does not have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations.

Other Determinations and Findings

Removal of these aged abandoned structures is consistent with the National Forest Management Act (NFMA). There will be no significant negative effects on prime farmlands or rangelands, Wild and Scenic rivers, roadless areas, or Wilderness. It is consistent with the Alaska National Interest Lands Conservation Act (ANILCA). This proposal has no anticipated effects on women or civil rights.

Implementation, Administrative Review, or Appeal

Implementation of this decision is not subject to appeal [36 CFR 215.12(f))]. Implementation may occur immediately after this Decision Memo is signed and is anticipated to occur within the next 5 years, as resources are available to complete the work.

Contact Person

For more information regarding this decision, you can contact David Rak at the Wrangell Ranger District Office. Phone (907) 874-2323, or write to: Wrangell District Ranger, attn: David Rak, P.O. Box 51, Wrangell, AK 99929.

USDA Forest Service - Tongass National Forest Accessibility Statement
Last Modified: May 02, 2007