And now:Ish <[EMAIL PROTECTED]> writes:
From: "Save Ward Valley" <[EMAIL PROTECTED]>
Subject: Fw: Chumash Delay Deep Tilling in Margarita - Correction of errors
Date: Mon, 5 Jul 1999 10:34:19 -0700
-----Original Message-----
From: Tarren Collins <[EMAIL PROTECTED]>
To: Jamie Hurley <[EMAIL PROTECTED]>
Date: Saturday, July 03, 1999 2:59 PM
Subject: Chumash Delay Deep Tilling in Margarita - Correction of errors
Jamie:
I want to point out an error which appeared in your article in the Tribune
today about the San Luis Obispo County Chumash Council ("SLOCCT") obtaining
a temporary restraining order to prevent Rob Rossi from deep tilling any
Santa Margarita Ranch land. Judge Burke's modification to the restraining
order sought by the SLOCCC reads: "Deep grading or tilling of lands of the
Santa Margarita Ranch other than the removal of star thistles from the
roping arena. Tilling and discing usually done for vegetable farming is not
prohibited." If you reference your copy of the order, you will see that the
handwritten modification by Judge Burke reads across two lines, then down.
On behalf of the SLOCCC, Alexander Henson and I had agreed to stipulate to
the removal of star thistles in the roping arena, and this stipulation is
reflected on line 12 of this page of the pleading, in which Judge Burke
adds the language "other than the removal of star thistles from the roping
arena. "
I can see how you misread the order, however I request that you make the
correction of your statement contained in the article today which reads:
"The judge modified the condition to allow deep tilling or discing required
for normal vegetable production..." The judge did not allow deep tilling or
discing for normal vegetable production, he only allowed deep grading or
tilling in the small roping arena for the purpose of the removal of alleged
star thistle there. We had already been assured by Rob Rossi that the
removal of star thistle would not require "deep grading or discing". The
judge's modification for vegetable farming is limited to normal surface
discing which is usually done on areas already disced for such purposes.
In response to Rob Rossi's statements in today's article, which reads:
"Rossi said he was surprised by the restraining order request because the
vineyards are planned for land that has been used for crops, including
vineyards.
'That land is already farmed and already ripped,' he said. He said the deep
tilling or ripping typically required of vineyard planting is done on a
regular basis because of the area s soil composition and crop uses. He said
vineyards will not be planted in any areas that are known or suspected
Chumash burial grounds and that appropriate measures will be taken for
endangered species protections.
I refer you to archaeologist Robert O. Gibson's Declaration filed in
Support for Injunction. In one section of his declaration, Mr. Gibson states:
"I have performed archaeological work on the Ranch, and as will be more
particularly described below, Chumash burials have been found by me in
previously graded areas of the Ranch. Other Chumash burial sites have been
reported on the Ranch. It is my expert opinion that more Chumash burials,
and cemeteries, exist on the Ranch, and that absent a formal archaeological
survey of areas of the Ranch, and a plan to avoid Chumash burials and
culturally significant Chumash sites, ground disturbance on the Ranch is
could cause irreparable injury to these burials and sites. Any ground
disturbance in an archeological site, is likely to cause irreparable injury
to the burials and cultural resources. Chumash, and all Native American,
burials and culturally significant historic and prehistoric sites are
protected by both state and federal laws.
3. I am not aware of any formal archaeological surveys having been
performed of the entire Ranch. The few formal surveys which have been
conducted, along with incidental discoveries, have revealed that the Ranch
contains Chumash cemeteries, burials and a wealth of ancient Chumash sites,
held to be sacred by the Chumash. In order to extrapolate a more accurate
sense of the true concentration of Chumash cultural resources on the Ranch,
you need to multiply the reported sites by a factor of 25 or more. ...
While I was conducting archaeological monitoring for the renewal of two 8"
main pipelines for Unocal on the Santa Margarita Ranch from September 23 to
December 7, 1994, while working with Chumash Monitor Mark Vigil, Chumash
human remains were discovered in an area previously graded by Ranch
workmen. This discovery, and the discovery of a new Chumash site, and many
significant Chumash cultural resources, is documented in my report on this
project, Results of Archaeological Monitoring for the Renewal of Two 8"
Main Pipelines Near Santa Margarita, San Luis Obispo County, CA. This
report is attached hereto as Exhibit "2" and incorporated by reference as
though fully set forth herein. Because state guidelines require that all
archaeological reports remain confidential, for the purpose of protecting
sites and burials from desecration, I request that the files, reports and
other records in this action which pertain to Chumash cultural sites or
give locations of burials, cemeteries, sites and artifacts, be kept under
court seal, and that all parties and their representatives be ordered to
maintain the confidentiality of such files, reports and other records in
this action which pertain to Chumash cultural sites or give locations of
burials, cemeteries, sites and artifacts. In the event this Court does not
seal the above-mentioned files and reports, and order that such files and
reports remain confidential, I have instructed the redaction of all
information from the attached report which would provide the public with
sufficient information to locate burials, etc....
7. As I wrote in the report, in the area graded by ranch workmen, [location
redacted from declaration] several pieces of human bone were noted on the
surface and in the graded piles of soil. After consultation with Chumash
representative, Mark Vigil, these were collected and the San Luis Obispo
Coroner was notified. At the request of Mr. Vigil, the human remains were
transported by me to the physical anthropology lab at the University of
California for identification. Ms. Francine Drayer, physical anthropologist
examined the bones and identified them as Chumash remains consisting of two
femurs, a fibula, two humerus, a tibia, thoraic vertebra, and a rib
fragment. Because of two right femurs and two humerus, at least two
individuals are represented. During the monitoring of the pipeline trench
across this area, several additional human remains were recovered including
a large skull fragment, a phlange, and a few small fragments of
unidentified bone. These were in old trench fill indicating the original
Unocal trench probably disturbed the bones.
8. In addition to the human remains found during the monitoring of this
project, many rare and unusual tools and other Chumash artifacts were
discovered. Due to the emergency nature of the Chumash request for
temporary restraining orders, time does not permit me to detail the unique
and culturally significant discoveries found during just this narrow strip
of land which had previously been disturbed by the original Unocal trench
on the Ranch. A review of my report, attached as Exhibit "2", reveals the
extent of the results of the monitoring. It is important to note that a
previously unrecorded Chumash site was discovered and recorded during this
monitoring. ( See also page three of Exhibit "2" attached hereto.)
9. In addition to the discoveries noted above, a very rare fluted point
which probably dates to between 8,000 to 11,500 years old, and is only one
of two of its kind found in the Chumash Territory which ranges from Malibu
to Northern San Luis Obispo County, was discovered on Ranch property.
10. It is my professional recommendation that a Phase I Archaeological
Survey be conducted on any portion of the Ranch upon which ground
disturbance is planned.
I declare under penalty of perjury under the laws of the State of
California the foregoing is true and correct. Executed this day of July, 1999.
________________________
Robert O. Gibson, declarant"
This declaration and the archaeological report attached to it have been
ordered to remain under court seal at the request of the SLOCCC. I have
redacted location information to protect against desecration by "pot
hunters" and other members of the public.
I have drawn your attention to this declaration because it points out that
sacred Chumash burials have been desecrated by grading and tilling of the
land at the Santa Margarita Ranch, that Chumash remains have been found
broken and scattered in graded and "tilled" areas of this ranch, and it is
unacceptable and in violation of state and federal laws for such "tilling"
and grading to continue to further desecrate remains, no matter how often
it has been done in the past. Rossi's claims that he only plans to till or
rip in these areas of the ranch, in light of his knowledge that it
continues to scatter the precious and sacred remains of Chumash ancestors,
is morally reprehensible.
Additionally, Mr. Gibson's report noted the finding of a new Chumash site,
despite the area having previously been disturbed by digging and tilling.
He also states that the Santa Margarita Ranch contains a high concentration
of Chumash burials and culturally important resources because it was
occupied by a large population of Chumash for over 10,000 years. He points
out that the entire Ranch has not undergone formal archaeological surveys,
and that the known sites and burials must be multiplied by a factor of 25
or more to understand the true concentration of Chumash burials and
culturally important resources.
Therefore, Mr. Rossi's claim that "vineyards will not be planted in any
areas that are known or suspected Chumash burial grounds...", especially in
light of his knowledge that very few of the Chumash burial grounds are
known, shows a lack of respect, appreciation and concern for the Chumash
which prompted the SLOCCT to obtain the restraining order to enjoin Rossi
from further ripping or tilling until such time as a formal archaeological
survey can be performed on those areas he intends to plant, and a plan to
avoid the Chumash burials, remains of ancestors, and culturally y
significant resources has been adopted, and approved, by the SLOCCT.
The Santa Margarita Ranch is unique in that it represents an area formerly
occupied by a large population of Chumash which has not already been
destroyed. It also contains the habitats of many federally listed
threatened species. The pleadings filed yesterday in support of the
restraining order included letters from U. Fish and Wildlife, California
Department of Fish and Game, and declarations of biologists regarding the
need for Mr. Rossi to conduct habitat assessments and a plan to avoid the
destruction of habitats, prior to engaging in deep ripping of the ground at
the Santa Margarita Ranch. If you will provide me with you fax number, I
will fax these letters and declarations to you.
The Santa Margarita Ranch is unique in that it represents an area formerly
occupied by a large population of Chumash which has not already been
destroyed. Mr. Rossi was warned prior to his purchase of this ranch that it
contained an unusual wealth of concentration of sacred Chumash burials and
cultural resources which would hinder his attempts to plant vineyards. The
Santa Margarita Ranch is does not represent the majority of agricultural
land in this county, in that, as a whole, only approximately 1% of the
agriculturally zoned land in this county contains Chumash burials and other
culturally significant resources.
Mr. Rossi was also warned by the SLOCCT that the Santa Margarita Ranch
contains the habitats of many federally listed threatened species. The
Chumash spiritual tradition includes their understanding that the Creator
has endowed them the sacred trust of protecting Mother Earth.
Jamie, I believe my absence from my office, which was caused by the need to
obtain an additional order to seal all files which contain culturally
sensitive information and locations, resulted in the absence of the true
nature of the SLOCCC's concerns which led to their seeking the restraining
order, and which resulted in the Judge granting the restraining order.
It is my hope that the views of the Chumash will be reflected in a
subsequent article which also contains the correction of the errors which
appear in today s article.
Thank you,
Tarren Collins
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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Unenh onhwa' Awayaton
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