And now:Ish <[EMAIL PROTECTED]> writes: >From: "Save Ward Valley" <[EMAIL PROTECTED]> >To: "Mike Means" <[EMAIL PROTECTED]> >Subject: SLO County wants Chumash involved in archaeological sites >Date: Thu, 31 Dec 1998 10:16:13 -0800 >X-Mailer: Microsoft Outlook Express 4.72.3110.1 > >The ideas expressed in the following article are good ones. Wouldn't it be >wonderful if these procedures were adopted everywhere and the Indigenous >People of this land had a strong voice in what happens to this land? > >Although this article sounds good, the ideas discussed have not been >actually implemented as of yet. We will see what all the talk brings. Let >us all pray that the County of San Luis Obispo and the Chumash Nation can >work together to insure the sanctity of sacred sites. > >NOTE: The Chumash Nation already has a group called Hutash which is present >at many major construction sites in San Luis Obispo and Santa Barbara >Counties. For instance, when the state water project installed its pipeline >through these two counties there were Chumash people present every step of >the way. The people that work with Hutash are dedicated to the preservation >of their heritage and the protection of all artifacts and remains that are >disturbed. > >Molly > >December 26, 1998 > >County wants Chumash involved in archaeological sites >Jerry Bunin >Telegram-Tribune/San Luis Obispo, CA > >CAMBRIA > >Cambria residents Tom and Marcie McSherry purchased their property about a >year ago, finalized the design and were nearly ready to build their home. > >Then came protests that their lot on Lodge Hill is sacred ground. > >When the McSherrys' permit was appealed by the Chumash, the couple withdrew >their development application and planned to sell their property. > >All of the fuss could have been avoided, county officials contend, if the >developers and Native American groups were brought together earlier in the >planning process. > >Currently, there is not a law that requires Native American groups to be >notified about a development until the planning process is well under way, >regardless if the site is presumed to contain archaeological resources. > >County officials are trying to change that. > >That's good news to Tarren Collins, attorney for the San Luis Obispo County >Chumash Council. She said the council never wanted to stop the McSherry's >project. > >"Both the council and McSherrys are victims of a process which does not >require property owners to consult with the local Chumash during the design >phase( s ) of their projects," she said. > >"The council has great sympathy for the McSherrys whose architectural costs >have already doubled as a result of their efforts" to reduce the >environmental impacts of the home they planned, Collins said. > >But archaeologist "Bob Gibson's report on the McSherry site makes it clear >that there is 'no doubt' that Chumash burials and human remains are in place >at that site and ... will be desecrated if proper design is not adopted," >she added. > >An August test by archaeologist John W. Parker concluded that the area >contains a "wide range of cultural materials and complex structure... . > >"Its two distinct cultural components make it a much more complex resource >than first imagined," he continued. > >"It appears to be a site that was utilized during at least two distinct time >periods by people with different cultural priorities and most likely >different technologies," Parker wrote. "As such, it should be considered a >very significant cultural resource worthy of the highest consideration in >terms of preservation and protection." > >Collins noted that the council, which formed in mid-July, wants "to protect >( Chumash ) burials and culture without stopping development." > >Council members wanted a full environmental study conducted to find the best >way to preserve the archaeological site, she said. > >Collins added that the Chumash favor covering the resources with soil rather >than disturbing them with excavation. > >The Atascadero lawyer filed an appeal Nov. 20, the last day possible, after >a county hearing officer on Nov. 6 had approved a simple environmental study >for the McSherry's permits. > >Tom McSherry had several brief conversations with the Telegram-Tribune and >eventually declined to be interviewed. > >He said he and his wife are retired and had lived in Cambria for about a >year. > >McSherry said they withdrew their development application right after >Collins filed the Chumash's appeal and planned to sell the property. > >But Steve McMasters, a county environmental specialist working on the >application, said the McSherrys have since started discussions again with >the Chumash in hopes of reaching a compromise. > >The proposed home, according to McMasters, was 2,476 square feet plus a >587-square-foot garage, resulting in 4,000 square feet of soil disturbance >on a 17,500-square-foot lot. > >McMasters said, "There is nothing in the ( state or federal ) law that says >they ( the Chumash ) have to be notified or consulted about a development." > >Even after they are notified, he explained, "they aren't given any special >role. ... They are part of the public. There is no chair at the table with >their name on it, but there is one for the public and they can take that >chair. > >"The exception is if human remains are found. State law then gives them a >seat," he said. "It's mandatory." > >"If you find human remains," he said, "it's considered a burial. If you find >six or more burials, it is considered a cemetery. If you disturb a cemetery, >it is a felony. Disturbing a burial is a misdemeanor." > >County planners probably know about 10 percent of the sites and require >archaeological reports on the suspected ones almost as soon as a development >application is processed, he said. > >But that is after the project's preliminary design and often before the >Chumash are aware of it, he said. > >The county has tried to be sensitive to known and suspected archaeological >sites, he said. > >Until the Chumash Council formed, the problem was that there was no >organized Chumash group where you could distribute information, McMasters >said. > >"I've been dealing with individuals for years ... on a case-by-case basis," >such as when Native American monitors are needed to make sure excavation >doesn't disturb remains. > >The council supplied a list in September of projects the Chumash were >interested in and suspected of having archaeological resources, he said. > >They were put on mailing lists to be notified if anything happened with any >of those projects, and McMasters gave them a description of how the county >planning process works. > >"I indicated we'd try to develop a method of notifying them earlier when >there is a project they might be interested in," he said. > >It would be better for everyone involved if the Chumash's concerns were >raised earlier in the process rather than have them suddenly show up after a >lot of work has been done, McMasters said. > >If the McSherrys sold their land and someone else applied to build on it, he >said, "we'd probably recommend they'd meet up front with the Chumash before >designing a project." > >He said the McSherrys met with the Chumash a week or so ago to see if they >could work something out. > >Chumash attorney Collins praised the county for working toward a resolution >and said the council doesn't blame the county for the law. > >"The county followed everything it was supposed to do ( procedurally ). It >wasn't the county's fault," she said. > >She also described the McSherrys as "very cordial" and said they had tried >to design their home to minimize its impact on the archaeological resources >the county had told them were there. > >But the project still left the council concerned. > >"At this point," Collins noted, "it is a sad situation for some very >conscientious property owners." > >Save Ward Valley >107 F Street >Needles, CA 92363 >ph. 760/326-6267 >fax 760/326-6268 > >http://www.shundahai.org/SWVAction.html >http://earthrunner.com/savewardvalley >http://www.ctaz.com/~swv1 >http://banwaste.envirolink.org >http://www.alphacdc.com/ien/wardvly4.html >http://www.greenaction.org > <<<<=-=-=FREE LEONARD PELTIER=-=-=>>>> If you think you are too small to make a difference; try sleeping in a closed room with a mosquito.... African Proverb <<<<=-=http://www.tdi.net/ishgooda/ =-=>>>> IF it says: "PASS THIS TO EVERYONE YOU KNOW...." 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