Cherokee tackles long-standing problems of housing and drugs
The Eastern Band of Cherokee Indians has announced plans for an affordable housing development and substance abuse treatment center in Swain County.
The tribe plans to build an affordable multi- and single-family housing development on a 300-acre tract in the Coopers Creek area. The development could have as many as 175 homes on it, according to Chief Michell Hicks.
Though the housing will only be open to enrolled members of the tribe, the housing will help add to the base of affordable housing in the region. The lack of housing in general has been a problem for the Cherokee, who are hemmed in by the borders of the Qualla Boundary.
“We don’t have a whole lot of lower- or mid-income housing here,” said Hicks.
Hicks said of the tribe’s interest in purchasing the Coopers Creek tract, “we’re running out of buildable land, and the goal was to try to find land that had some prospect for multi-use.”
Hicks said the tribe hopes to keep home prices as low as possible.
“(With affordable housing) we do our best to stay under $100,000 for homes. Then again, you have homes that will push the $200,000 mark,” said Hicks.
The tribe hopes to break ground on the project in 2010. There are no estimates of construction costs yet.
The tribe hopes to build a substance abuse center in the Kituwah area, which has special significance to the tribe. Kituwah, referred to as the mother town of the Cherokee, is thought of as the birthplace of the Cherokee people. A council house once rested on an Indian mound that is still visible on the property, and the area is listed as a National Historic Site.
The regional mental health center would be built across the road from the sacred mound site. It would serve not only enrolled members, but the general public. The center would specialize in treating adult and juvenile substance abuse — treatment that is sorely lacking in the region, Hicks said.
“It’s something that has been neglected in North Carolina and in Western North Carolina,” said Hicks.
Drugs are one of the leading crime problems in Cherokee, and by offering treatment for addicts, Cherokee could bring down crime rates. Hicks said the tribe will seek financial assistance at both federal and state levels to fund the project.
To operate the center, the tribe will need to hook it up to Swain County’s water and sewer infrastructure. Currently, the tribe has a 20-year, 50,000-gallon per day agreement to use Swain’s infrastructure. But the mental health center would far exceed that agreement, and would likely prove too much for the current system to handle.
“We can’t put that kind of facility on the system,” Hicks said. “The infrastructure would have to be upgraded.”
Hicks said the tribe would likely propose footing the bill to upgrade the water and sewer infrastructure currently in place in the county and in Bryson City.
Cherokee parents protest losses in children’s trust fund
A throng of about 150 angry members of the Eastern Band of Cherokee Indians turned out to the Birdtown Community Center last week, protesting that the Tribal government is to blame for losing $57 million that was to go to Eastern Band children.
The mob called for the impeachment of Principal Chief Michell Hicks, saying the buck ultimately stops with him. Hicks was not at the meeting and could not be reached for comment.
The money in question is the minor’s fund. Enrolled members of the Eastern Band receive payments twice a year called “per-capita” checks. The money comes from a share of profits made off Harrah’s Cherokee Casino. In 2008, enrolled members of the tribe received $8,779 in per capita.
The per-capita payments to children are held in trust by the tribe until the minor turns 18. If they have a GED or high school diploma, they get a large check upon turning 18. Otherwise, they can’t collect the money until they turn 21 or upon completing a high school diploma. The tribe invests the children’s annual payments, so over the life of the fund it will theoretically grow.
Teresa McCoy, who led the proceeding last week, said the Tribal Council and a five-member investment committee, are responsible for properly investing the children’s money until it can be withdrawn.
It turns out that the money was apparently invested in funds that took a big a hit when the bottom fell out of the market last year.
In 2008, $57 million of the children’s money was lost, according to McCoy.
McCoy said many parents received their children’s balance statements recently and found that their child had lost about $20,000. McCoy said her grandchild lost $21,000. For instance, McCoy said a child turning 18 this year should be getting about $72,000 after taxes but is only going to be able to get about $52,000.
EBCI members are angry that the Tribal government didn’t protect their children’s money better. They are considering filing a class action lawsuit against the tribe, the investment committee, Chief Hicks and Vice Chief Larry Blythe.
No one from the Tribal Council, except Susan Toineeta, attended the meeting. The residents were disappointed that their elected representatives didn’t show up at the meeting to address concerns.
“It added fuel to the fire,” said McCoy.
Tribal members believe they may have grounds for a lawsuit, saying there are policies that state the children’s money should have been invested safely and in a prudent fashion. McCoy said the Tribal government could have prevented the big losses by moving the money to more secure investments when the market began to fail.
Since 2007, the market was showing weakness, but the Tribal government continued to invest the money in high risk investments, she said. The Tribal government had some of the money invested in real estate, she said.
This is not the first time the management of the children’s money has come up. In 2003 parents became concerned when their children lost money due to a decline in the market.
At the time Hicks, said, “ The question is how do we invest to first protect the principal and also earn reasonable interest.”
At the meeting last week, angry tribal members said the tribal government is obligated to return the money that was lost to the children.
A three-member committee made up of elders — Don Rose, Dan McCoy and Joyce Bradley — was formed at the meeting to begin determining what should be done.
The meeting consisted of members of the audience taking to the microphone and venting their frustration. The comments from the audience members were followed by an attorney discussing some possible legal remedies to the situation.
EBCI member Sharon Queen said the elected officials need to be held accountable for the losses, and she wanted to know where the money was invested.
One woman said she is not hopeful that the money is going to be returned.
“We lost $58 million, and we’re not going to get it back,” she said, comparing it to how many Americans lost their retirement savings.
Cynthia Grant told the crowd that her son lost $21,000. Grant also put some of the blame on herself.
“I’m embarrassed to say that I didn’t know what was going on, and that’s my fault,” she said. “Now we need to find out what we can do for the children.”
Don Rose said the buck stops with the chief and the council who, he said, failed by not monitoring the investments. Rose urged the crowd to take the emotion out of the issue and bring pressure to the council to solve the problem.
One woman said her 10 grandchildren lost a total of $200,000 — “That’s a lot of money.”
A $100 bill with Hicks’ face on it was passed around the audience.
McCoy said that Hicks is a certified public accountant and that he should have known better about the investments.
The meeting also included several children telling the crowd that they lost $20,000 and want it back.
Per capita payments started around 1995, which means a child turning 18 years old today began receiving per capita contributions at age 4. Casino profits in early days were not nearly as large as they are now, however, or as large as they could be in the future. Children born today should have larger windfalls when they turn 18 than those turning 18 today.
Depending on the casino’s profits, children born today could have hundreds of thousands of dollars awaiting them when they turn 18. This shows the need for sound management of the children’s fund.
Macon airport lands more money for artifact surveys
Opposition to the airport runway extension in Macon County continues to mount, with a standing-room-only crowd attending last week’s Airport Authority meeting and an environmental group threatening to sue and stop the project.
The controversial runway project would pave over Cherokee burial grounds and artifacts. The Airport Authority has agreed to have 25 percent of the artifacts at the site excavated, but the remaining will stay in place and be threatened by the construction.
There are approximately 400 burials at the site, according to an archaeological assessment done on the site in 2000. All of the burials will remain in place at the request of the Eastern Band of Cherokee Indians.
The Airport Authority has been very sensitive to the Eastern Band’s concerns about artifacts and burials at the site, Airport Authority Chairman Milles Gregory said. Excavating 25 percent of the artifacts at the site will cost $535,000. Gregory said 100 percent excavation cannot be done because it would cost around $2 million, which is more than the Airport Authority can afford.
However, Gregory announced at the meeting that the Airport Authority is now attempting to secure additional funding to do “stripping and mapping” of the entire site. He said the Eastern Band is very pleased with this.
Federal Aviation Administration Spokeswoman Kathleen Bergen confirmed that the FAA will provide additional funding for the stripping and mapping, but she didn’t know how much.
Archaeologist Mike Trinkley of South Carolina, who performed the archaeological assessment in 2000, said stripping and mapping does not remove the artifacts and burials from harm’s way. It simply involves taking off the top layer of soil and documenting what is there.
“Simply mapping the site does little in resolving the loss of information,” said Trinkley. “There will be a map showing where stuff was found, but by the time construction begins the stuff will be destroyed.”
Several project opponents at the meeting asked the Airport Authority how it could justify paving over gravesites.
The artifacts are not the only reason opponents are against the runway extension. Some just want to preserve the rural character and peaceful nature of the Iotla Valley.
Many at last week’s meeting were nearby residents of the Iotla Valley and wore buttons urging that the valley be saved.
Dolly Reed of Franklin said she has Cherokee lineage and urged the Airport Authority to “let my people rest in peace.”
Resident Olga Pader said those who live in the valley have been excluded from meetings. Airport Authority member Tommy Jenkins said every Airport Authority meeting has been publicly announced. But Pader noted that there was a private meeting a couple of weeks ago with state, local, federal and Eastern Band officials discussing the project.
County Commissioner Bobby Kuppers, who serves as the Airport Authority liaison, said that was not an official Airport Authority meeting, but was a special conference called by the Eastern Band. Kuppers said the public cannot continue to be suspicious of the county government.
“If this sort of suspicion grows we’re in trouble as a county,” said Kuppers.
A distrust of county officials will destroy the county, said Kuppers, adding that the county commissioners are more open now than they’ve ever been.
The runway extension appears to be getting personal for some, as tempers were flying at the meeting.
Lamar Marshall, with the environmental group Wild South of Asheville, said one of the Airport Authority members called him “crazy as hell” at a recent County commission meeting. Airport Authority member Harold Corbin admitted he was the one who called Marshall “crazy as hell.”
In response to the insult, Marshall wore his Crazy Horse T-shirt to the Airport Authority meeting last week. He said his group is planning a lawsuit against the Authority and others involved in the project.
Corbin became impatient with Franklin resident Selma Sparks, who was trying to speak:
“Sit down, because you’re through,” Corbin told Sparks.
However, not all those in attendance at the meeting last week were against the runway extension. Macon County resident Dwight Vinson said extending the runway 500 feet is good for the county’s economic development.
Franklin resident Norm Roberts agreed that the runway extension is needed for the county to thrive.
“This airport is essential to the economy of the area,” said Roberts.
Others also stated that the runway extension could help bring jobs to the area, but those in favor were heavily outnumbered by those against.
Airport Authority Chairman Milles Gregory said he agreed with some of the statements made by the public and disagreed with others.
Gregory then stated, as he has numerous times in public forums since the controversy erupted about a month ago, that the runway extension has been planned for eight years and that the public has been aware of the project for that long but is just now beginning to express concern.
Want to be on the board?
The five-member Macon County Airport Authority is appointed by the county commissioners for six-year terms.
Terms for members Tommy Jenkins and Harold Corbin are set to expire June 30 of this year, while terms for members Gary Schmitt and Pete Haithcock don’t expire until 2011. Chairman Milles Gregory’s term doesn’t expire until 2013.
The board meets the last Tuesday of the month at 4 p.m. at the Macon County Airport.
Cherokee voters to decide on alcohol sales at casino
After years of grappling with the controversial issue of alcohol sales on tribal land, the Eastern Band of Cherokee Indians will vote on June 4 whether to allow the sale of alcohol at Harrah’s Cherokee Casino.
If voters approve the measure, alcohol will be sold only at the casino. The rest of tribal land, known as the Qualla Boundary, will continue to by dry, with the sale of beer, wine or liquor banned in all other stores or restaurants.
In recent months, a petition gathered enough signatures to force the measure to be put on the ballot. Before a vote could be scheduled, however, the Tribal Council had to pass a resolution directing the elections board to hold the election. The Tribal Council did so this month.
The Tribal Council’s passing of the resolution is basically a technicality, but the council could have voted it down and stopped the election despite the petition signatures.
Alcohol is a sensitive cultural, religious and political issue for the Cherokee. Despite a push among some over the years to allow alcohol sales, political leaders have avoided voting on the issue themselves, and until recently were even reluctant to give their blessing to a referendum.
Last summer the Tribal Council narrowly voted to allow a referendum to decide whether alcohol should be sold at the casino, but Chief Michel Hicks vetoed it, saying alcohol dishonors the Cherokee forefathers.
However, Hicks said he would not veto the referendum this time since the people have spoken in favor of having an election. There were 1,875 tribal members who signed the petition.
Despite the negative connotations of alcohol for Native Americans, allowing sales at the casino would obviously increase revenues. Casino revenues are used to support tribal operations, from education to health care. A portion is also split among all tribal members in the form of twice annual checks.
With the casino business suffering slightly from the recession, checks are expected to be down. The alcohol vote will be held the same week those checks come out, so the issue will be at the forefront.
Heritage you can taste: Cherokee savor apples of their ancestors
Preserving Cherokee heritage goes beyond baskets, blow guns and pow-wows to the very foods and crops once grown and savored by the tribe centuries ago.
One of those important foods — for the Cherokee and any mountain dweller of yesteryear — was apples. There were dozens of varieties, nuanced in flavor and colorful in their names. Efforts are underway to propagate the heritage varieties.
At a workshop in Cherokee earlier this month, more than 30 different varieties of heritage apples were grafted — a far cry from the scant half dozen varieties you might find on supermarket shelves.
Some of the grafts will be planted in an orchard managed by the tribe while others will be taken home and planted in the yards of tribal members.
The project was a joint effort by the Cherokee Cooperative Extension, Aerators and Roanoke College.
One of the varieties that was grafted was the Junaluska Apple, a particularly significant variety among the Eastern Band of Cherokee Indians as it was the favorite among the famous Chief Junaluska. Community members at the apple grafting workshop livened up the conversation with an argument over which apple varieties had the best flavor.
“Cherokee apple varieties were actually saved and curated right after the Cherokee Removal and the Trail of Tears by two very wise gentlemen,” said Jon Cawley, a professor at Roanoke College who is working on the project.
Namely Silas McDowell in Western North Carolina and Jarvis Van Buren from Georgia.
“They rescued the original varieties so that they can be re-established on sovereign Cherokee land today,” Cawley said. “After several generations, it is a very high privilege for me to be a part of the project to replant their original rare apple varieties on their sovereign estate.”
The AmeriCorps team also built a large shade house so the Center for Cherokee Plants could grow plants that need forested shade settings rather than hot sunny fields. They also planted white oak trees, a traditional material needed by basket makers.
“Heritage crops are important because they represent a living link between people and history,” said Phillip Hash, AmeriCorps member and event coordinator. “They maintain diversity of species and through this diversity allow for resistance to disease.”
Tribal members who run the farm and operate the Traditional Crops Seed Bank believe they are carrying on an important tradition.
“There is belonging to a heritage, and then there is living a heritage. I choose to live my heritage,” said Kevin Welch, operator of the Cherokee farm and seed bank.
Airport officials hold private meeting about runway
Local, state and federal officials involved in the controversial Macon County Airport runway extension held a private meeting last week.
The Smoky Mountain News showed up at the meeting at the airport after being tipped off by an anonymous source.
When a reporter from the newspaper entered the boardroom, Airport Authority Chairman Milles Gregory said it was a “private meeting.”
As the newspaper reporter waited outside for the meeting to end, County Commissioner Bobby Kuppers showed up but wouldn’t comment. Kuppers went into the boardroom.
Airport Authority attorney Joe Collins, who is also the Franklin mayor, came out of the boardroom to speak with the newspaper. Collins said the purpose of the meeting was to update the signers of a Memorandum of Agreement on the progress of archaeological excavation at the site.
He said the goal was to keep everyone informed of the situation.
Asked why the public could not also be kept informed on the progress by sitting in on the meeting, Collins said it was not a meeting the public was entitled to attend.
Collins noted that part of the MOA states that any discussion regarding burials at the site will be done in private at the request of the Eastern Band of Cherokee.
Tribal Archaeologist Russell Townsend, who attended the meeting, also told the newspaper afterwards that burials were discussed and that the tribe prefers that it be kept private.
Townsend said the tribe is pleased with how archaeology is progressing but would still like more of the site excavated before the construction destroys it. He suggested that 60 percent excavation of the site may be a compromise the Tribe could agree to. The Airport Authority is doing 25 percent recovery.
Townsend also said another compromise is that the Tribe could assist Macon County in securing grants to recover 100 percent of the artifacts, but he said he has proposed that for eight years to no avail.
Others in attendance at the meeting were County Manager Jack Horton, State Archaeologist Steve Claggett, Parks Preston from the Federal Aviation Administration of Atlanta, Paul Webb with TRC Environmental — the company doing the artifact recovery, WK Dickson Project Engineer Eric Rysdon of Charlotte, FAA Environmentalist Lisa Favors, and Tyler Howe of the Cherokee Tribal Historic Preservation Office.
The officials participated in a conference call with the Cherokee Nation in Oklahoma, Collins said.
Runway extension faces funding shortfall
The Macon County Airport Authority is short about $853,000 of what it needs to pay for a controversial runway extension, according to airport officials.
The total runway project, including archaeology and engineering, is expected to cost $3.5 million, according to Airport Authority member Tommy Jenkins.
Airport Authority Clerk Teresa McDowell said about $777,000 has already been spent or committed for archaeology and engineering on the project.
According to McDowell, it will cost the Airport Authority about $1.87 to million finish the runway, which means the Airport Authority is about $853,000 short of what it needs, she said.
The airport runway extension is controversial because it is proposed to go over Cherokee artifacts and burial grounds. The Airport Authority is only funding 25 percent artifact excavation, which angers the Eastern Band of Cherokee and others who say 100 percent of the artifacts should be saved to prevent their destruction.
Airport Authority Chairman Milles Gregory said the project is being funded with 80 percent federal funds, 10 percent state and 10 percent county funds.
The N.C. DOT Division of Aviation took back $550,000 from a grant last year because the money wasn’t used by the Airport Authority in time, McDowell said.
It is unclear where the money went. N.C. DOT Grants Administrator Nancy Seigler was unable to answer questions before press time on Tuesday.
The grant, which was awarded in 2004, wasn’t used in time because the project was held up by negotiations between the Airport Authority, Eastern Band of Cherokee Indians Federal Aviation Administration, State Historic Preservation Office and the Division of Aviation. The negotiations concerned how much excavation of Cherokee artifacts would take place at the project site, McDowell said.
The Airport Authority hopes to get the $550,000 back.
Airport Authority Chairman Gregory said he was promised by Richard Barkes, manager of Aviation System Development for the N.C. DOT Division of Aviation, that the $550,000 would be reimbursed.
McDowell said the Airport Authority has been told over the phone by the Division of Aviation that it would be reimbursed the $550,000 in the form of a new grant. But McDowell said the Airport Authority hasn’t received the grant documents yet.
Even if the Airport Authority gets the $550,000 back it will still have a shortfall of about $303,000.
McDowell said the Airport Authority is “optimistic” that more funding will become available to cover the shortfall. Gregory said he thinks the remaining shortfall can be made up with $150,000 “Vision 100” grants that the Airport Authority receives annually from N.C. DOT Division of Aviation. It is unclear if the Vision 100 money is state money or federal funds that pass through the N.C. DOT Division of Aviation.
McDowell said the $550,000 that was taken back was supposed to be used for the environmental assessment for the project. Because that money was taken back, McDowell said the Airport Authority is now using money from its construction grant on the environmental assessment.
County funds in play
Some have urged the county commissioners not to commit county taxpayer dollars to the project. Withholding the county match for the project could sideline it.
According to County Finance Director Evelyn Southard there is $187,000 in county funds currently budgeted for the project.
Southard did not know what year the county appropriated the money.
County Commissioner Bob Simpson has proposed pulling the county dollars from the project unless a compromise between the Airport Authority and Eastern Band is reached.
However, Simpson seems to be alone in that the other commissioners appear to favor moving forward.
Commissioner Brian McClellan told The Smoky Mountain News he doesn’t “have an opinion at this time” but “it would appear” that county dollars are not going to be pulled from the project. McClellan said there is “always a chance” funding could be pulled.
Commission Chairman Ronnie Beale said he feels that the Airport Authority has “done due diligence” in the project.
Beale said there is no doubt that the runway extension is needed to keep insurance costs down for pilots who land there. No one has said the runway extension is not needed, Beale said.
However, several people have publicly said that they don’t think a runway extension is needed.
As far as taking the county dollars from the project, Beale said that money was “appropriated a good long time ago.”
He added that the grants are a good opportunity because they only require a 10 percent county match. Anytime the county can get something done for 10 cents on the dollars it’s good, said Beale.
Artifacts endangered by airport project
When Neal Hoppe dies he wants his body cremated and his ashes spread over the Macon County Airport.
“When I die, my soul will depart my body,” said Hoppe, who manages the airport’s terminal. “I don’t want a hole dug for me.”
The Macon County Airport is the best place to scatter his ashes because, “It’s a beautiful place,” said Hoppe as he drove down the airport’s taxiway.
Once Hoppe’s ashes are spread at the airport, he will join Cherokee Indians who made the Iotla Valley their resting place hundreds of years ago.
The Cherokee bodies buried at the site are now a huge source of controversy because the airport’s runway is proposed to be extended over the gravesites. The project has upset many people who think the Macon County Airport Authority and state and federal agencies are desecrating the Cherokee heritage.
The Airport Authority, however, says archaeology recovery is taking place, burial sites will not be disturbed and state and federal laws are being followed.
The runway extension seemed like a sure thing just a week ago but is now facing opposition from all fronts. Necessary federal permits are still pending for the project, the environmental assessment hasn’t been finalized, legal action from both environmentalists and the Eastern Band of Cherokee Indians has been threatened, one county commissioner wants to withdraw local funding for the project and the Airport Authority’s argument that the project is needed for safety has had a hole shot in it.
Solid legal footing?
Airport Authority Attorney Joe Collins said he thinks the Airport Authority is on solid legal grounds.
Cherokee Attorney General Annette Tarnowski said there has not been any decision made by the Cherokee in terms of what, if any, legal action to take. The Tribal Council is looking at all its legal options, but Tarnowski would not elaborate.
It is a matter of great concern to the Cherokee because of the number of gravesites, she said.
The controversy has been eight years in the making and is coming to a head as archaeologists are now working on excavating the artifacts at the site to prepare to extend the 4,400-foot runway by 600 feet.
The problem is that artifacts are only being removed from 25 percent of the five-acre area that will be impacted by the project. The remaining artifacts will be left in place.
Members of the Eastern Band of Cherokee Indians and a contingent of other concerned citizens are outraged that the Airport Authority, the Federal Aviation Administration and the state archaeologist would allow artifacts and human burials to be put at risk.
Those against the project, including Cherokee Principal Chief Michell Hicks, said 100 percent of the artifacts should be excavated before it is paved over. Failure to do so could erase the archaeological record. Hicks said there could be some protests coming to Franklin.
But Airport Authority Chairman Milles Gregory said it would cost $2 million to do total artifact recovery — money the Airport Authority doesn’t have. The Airport Authority has contracted with TRC Environmental of Chapel Hill for $535,000 to recover the 25 percent. Hicks said the tribe is unwilling to pay the difference to do a complete excavation, saying it is the responsibility of the county and Airport Authority to do the right thing.
The entire runway project is expected to cost around $3.5 million, according to Airport Authority member Tommy Jenkins. County officials say the project is being funded 90 percent with N.C. DOT Division of Aviation grants and a 10 percent match from the county.
State archaeologist endorses project
So far, four archaeologists have weighed in on the project. Two support the runway project moving forward, while the other two believe it is an abomination.
The one whose opinion matters most, however, is State Archaeologist Steve Claggett. Claggett decided how much of the site must be excavated before the runway project could move forward. He settled on 25 percent excavation, saying 100 percent is unnecessary because it wouldn’t result in learning anymore about the Cherokee. Moreover, Claggett said many of the artifacts at the site are damaged anyway from being plowed up when the land was farmed.
Claggett said the project is being done in accordance with all state and federal laws. However, some archaeologists disagree with Claggett and say 100 percent artifact recovery should occur.
An archaeological survey done on the site in 2000 indicated the presence of some 400 burials and numerous artifacts.
Claggett said the goal is to focus the artifact recovery on the areas that were identified as having the highest concentrations of materials. So even though artifact recovery is only occurring on 25 percent of the five acres, more than 25 percent of the artifacts may actually be recovered, Claggett said.
As far as the burials go, they are remaining in place at the request of the Cherokee. If remains are accidentally uncovered during work, “all work will cease within 50 feet of the remains,” according to a memorandum of agreement signed by the Airport Authority, Federal Aviation Administration, State Historic Preservation Officer Jeffrey Crow and the North Carolina Department of Transportation. The Cherokee refused to sign off on the agreement.
Archaeologist against project
Columbia S.C. archaeologist Michael Trinkley is appalled at the minimal artifact recovery taking place at the site. Too little work is being done considering the value and significance of the site, he said.
Trinkley is the archaeologist who performed the initial assessment in 2000 and said burials and artifacts will be destroyed. He said he thinks about 250 burials will be destroyed.
“I think it’s terribly disrespectful,” Trinkley said.
If it is not stopped, one of the more important archaeological sites in the state will be destroyed, he said. The burials will be destroyed when soil is removed, when equipment bogs down, when soil compacts and when fill is brought in, Trinkley said.
But Airport Authority Chairman Gregory said the earth will not be cut into during the project, meaning the burials will not be destroyed.
The burials could have been removed from harms way using appropriate techniques, such as hiring Cherokee elders and a shaman for reburials, said Trinkley.
But this did not occur because the Airport Authority never made any effort to reach a compromise with the Cherokee, he said. The Airport Authority denies this, saying it tried for eight years to work out an agreement with the Cherokee to no avail. Furthermore, the Cherokee specifically requested that the burials be left in place.
Trinkley said that the Airport Authority attempted to hide the project from the public rather than discuss it.
The manner in which the project has been handled is “corrupted,” he said.
As for other archaeologists in the mix, Russ Townsend, an archaeologist for the tribe, is opposed, while the archaeologist who landed the half million contract to do the partial excavation work is in support of it.
FAA has final say
The FAA is the ultimate authority on the project, said Claggett. The main law that had to be followed in regards to the archaeology at the site was Section 106 of the National Historic Preservation Act.
According to Claggett, the law does not specify a “magic number” when it comes to how many artifacts have to be removed from a site.
Advisory Council on Historic Preservation spokesman Bill Milhans in Washington agreed that all the law requires is for the impact on archaeological sites to be considered. He said how much artifact recovery takes place depends on the significance of the site.
In this case, FAA consulted with the State Historic Preservation Office and decided 25 percent artifact recovery would be sufficient. Milhans said ACHP agreed that 25 percent artifact recovery is in accordance with Section 106.
Environmental Assessment questioned
An environmental assessment done by the project engineer WK Dickson of Charlotte states that the project will have “no significant impact” on the environment, artifacts or burials at the site.
The consultant’s findings were adopted as the official stance of the N.C. Division of Aviation, which holds the purse strings to the federal grant money paying for the runway expansion.
The state agency ruled that the project is in accordance with the National Environmental Policy Act and will not “significantly affect the quality of the human or natural environment.” The public can make comments on the environmental assessment and dispute the finding of no significant impact to the State Environmental Review Clearinghouse until March 17.
Trinkley complained that there isn’t even a copy of the document to review locally, making it difficult for people to comment on something they don’t have access to. Trinkley wondered if that is illegal.
Further, Trinkley questioned the legality of the Airport Authority moving forward with artifact recovery prior to the environmental assessment going through the public comment period. Trinkley has submitted a letter to the State Environmental Review Clearing House disputing the finding of no significant impact.
Lawsuit threatened
Macon County resident Lamar Marshall said the environmental assessment is flawed and plans to sue on the grounds of violations of the Endangered Species Act and the National Environmental Policy Act. He said the environmental assessment is flawed because it contains out-of-date information that does not take into account species that have been listed as endangered in the past 10 years.
The Airport Authority failed to consult with the U.S. Fish and Wildlife Service in regards to endangered species, said Marshall.
“The current EA is a cheap and erroneous shortcut that failed to disclose the cumulative impacts of serious environmental issues...,” said Marshall.
The Airport Authority also needs a water quality permit from the U.S. Army Corps of Engineers to proceed. Lori Beckwith, a biologist with the Corps in Asheville, said the Airport Authority submitted an incomplete permit application. Once the Corps gets a complete permit it will be open for public comment for 30 days, she said.
What is the need?
Gregory and other Airport Authority members have stressed that the project is needed to make the runway safer. Gregory has repeatedly noted that a husband and wife died in an airplane crash at the airport in 1995 because the runway was too short. Gregory said a life is more important than artifacts.
But Macon County resident Michael Wyrick said the report from the National Transportation Safety Board indicates that the runway length had nothing to do with the crash.
The cause of the crash was determined to be a “the pilot’s failure to maintain flying speed resulting in an aerodynamic stall. A factor was sun glare,” the NTSB report states.
“From this we can see the aircraft never made contact with the runway and therefore the extra 600 feet of runway would not have helped,” Wyrick said.
And he said the plane that crashed was certified to operate on a 2,000-foot runway, so Macon’s 4,400-foot runway should have been ample.
When asked to comment on the crash report’s assertion that the accident was not a result of the runway being too short, Gregory said he had no comment.
Wyrick said he has been a licensed pilot of the past 28 years and was in management at the Asheville airport for 15 years, and he doesn’t think the runway extension is necessary.
He said if there were a lot of large companies wanting to fly in and out of the airport it might be necessary, but that is not the case. He added that the last accident that occurred at the airport was eight years ago.
Voicing opposition
About 10 residents vented their opposition to the project at the Macon County commissioners meeting on Monday (March 9).
The residents said it is disrespectful to the Cherokee to destroy artifacts and burial grounds.
The commissioners took no action on the comments.
Some residents said if it were a white graveyard it would be looked at differently.
The county’s real strength is in its cultural heritage and it should be protected, the residents said.
Resident Kathleen Walker questioned whether a runway extension is necessary. She said rushing to meet a grant deadline is no reason to extend the runway.
Other residents said an extended runway will decrease the quality of life for the area by bringing in more and larger airplane traffic.
The Airport Authority has stressed that the Macon County Airport will never be used for commercial flights. Gregory has said that once the runway is extended to 5,000 feet it won’t have to be extended again.
Resident Norma Ivey said there is a petition circulating with 84 signatures already against the project. And resident Susan Ervin said Macon County has always worked hard to protect its heritage and should do the same in this case.
Tribal Historic Preservation Office archaeologist Russell Townsend told the commissioners he wants to seek a compromise with the Airport Authority. Townsend said he did not have a specific compromise in mind.
‘No room for compromise’
Gregory told the commissioners there is no room for compromise. Gregory said he thinks his board has done everything it can to accommodate the Cherokee.
The project can’t be delayed because the grant money could be lost, said Gregory.
Commissioner Bob Simpson asked Gregory how long the Authority has before it loses the money, but Gregory didn’t know.
Simpson said he supports pulling the county’s 10 percent match from the project if 100 percent artifact recovery isn’t done. But he does not know if the money can be pulled because it was committed years ago.
However, Commissioner Jim Davis said he is “comfortable” with 25 percent artifact recovery.
Commissioner Bobby Kuppers said he thinks more information needs to be exchanged.
Townsend said it doesn’t appear to him that the county commissioners are going to step in and try to change anything.
Economic impact
The Macon County Airport brings in about $7.9 million annually, according to a N.C. DOT Division of Aviation study from 2006.
Airport Fixed Base Operator Neal Hoppe said if the runway were extended more businesses may come in. Macon EDC Chairman Mark West supports the project for its economic development potential.
A longer runway would make insurance on airplanes more affordable, said Hoppe.
Caterpillar does not fly into the Macon County Airport because the runway isn’t long enough, Hoppe said. Caterpillar said it was not taking a position on the issue of whether the runway should be lengthened and offered no further comment.
At 4,400 feet, Macon’s airport is longer than Jackson County’s, which is only 3,200 feet. But it is shorter than the Andrews/Murphy Airport has a 5,500-foot runway where some planes would rather fly into, said Hoppe.
There are about 30 planes registered at the Macon County Airport, said Hoppe.
Hoppe balks when people say that taxpayer money is being spent on a “rich man’s playground.”
The airport is an “economic stimulus” to the county, bringing in people who purchase things here, said Hoppe. Many who fly here have second homes in Highlands, he noted.
John Makinson has a two-seater Cessna at the airport and said the runway length is fine for a plane his size, but he said corporate jets and cargo planes need more runway.
Whether the runway extension is actually needed depends on the type of growth Macon County has, said Makinson.
Airport runway battle heats up in Macon: Cherokee fight to save artifacts from destruction
Emotions are sizzling over a plan to extend the Macon County Airport runway over Cherokee burial grounds and artifacts.
At an Airport Authority meeting last week in Franklin resident Selma Sparks said it is disrespectful to the Cherokee.
Airport board member Harold Corbin balked at that statement, saying the Cherokee didn’t make a big deal about artifacts when the casino was being built. Corbin added that there are artifacts all over Macon County and that just as many can be found on his farm as at the airport site.
Resident Alex Hawkins, who said he lives “at the end of the runway,” also disagreed with the project, saying it is unnecessary to extend the runway for economic development because there is no industry coming here.
An archaeological assessment commissioned by the Airport Authority in preparation for the runway expansion called the site one of the more significant archaeological areas in the state.
But Airport Authority Attorney Joe Collins said that is an opinion, and the airport board doesn’t think the site is as significant as the archaeologist said it was. There are an estimated 300 to 400 Cherokee burials at the site, according to the assessment.
At the request of the Eastern Band, none of the burials will be removed. Cherokee Chief Michell Hicks said someone’s final resting place should not be tampered with. The question is what to do with the other artifacts littering the site.
The Airport Authority has agreed to excavate 25 percent of the artifacts from the project site, but the tribe wants 100 percent of the artifacts removed. Otherwise those artifacts could be destroyed, and with them clues to early life.
Airport Authority Chairman Milles Gregory said 100 percent of the artifacts cannot be removed because it would cost too much.
The Airport Authority has contracted with TRC Environmental of Chapel Hill to recover the artifacts for $535,000.
The 4,400-foot runway will be extended by 600 feet. The Macon County Airport Authority claims the extension is necessary to make the runway safer.
Gregory said a husband and wife died in an airplane crash at the airport about 10 years ago because the runway wasn’t long enough for them to land safely.
“Which is more valuable, an artifact or a life?” Gregory asked.
Economic development is not the driving factor behind the runway extension, but is a side benefit, said Gregory.
Hicks questions whether the runway extension is actually needed.
“I believe the case has not been made that the airport expansion is necessary or even feasible,” the chief said in a statement.
Project engineer Eric Rysdon with WK Dickson of Charlotte said he hopes construction on the extended runway can begin this summer.
Fight could move to county commissioners
While the Macon County Airport Authority isn’t budging for now, county commissioners may have some say in how the project moves forward. The runway expansion will be funded partially with county tax dollars.
The entire project cost with archaeology included is expected to be around $3.3 million — with 90 percent of the funding coming from the N.C DOT Division of Aviation, and 10 percent from a county match.
Gregory said the county committed the match money years ago.
Commissioner Bob Simpson agreed the match money has already been committed but said those funds could possibly be taken away from the project.
Gregory said he doesn’t know how it would affect the project to lose the county’s match.
Simpson doesn’t necessarily advocate taking away the funds but said he would like to see a compromise worked out with Cherokee.
Two ideas Simpson has are to have Cherokee fund 100 percent of the artifact recovery. But Hicks said he opposes that idea, saying it is up to the county to cover the archaeology costs.
“It’s not EBCI’s responsibility,” said Hicks. “They need to do the right thing. Whether it’s the county or the Airport Authority.”
Another idea Simpson has is for Cherokee to make an economic investment in Macon County by marking the significant archaeological sites and making them a tourist attraction. In exchange, the county would not proceed with the runway extension.
Simpson said it is important that something is decided quickly because the Airport Authority is in danger of losing the grants if it doesn’t use them soon.
Commission Chairman Ronnie Beale and Commissioner Brian McClellan said they could not comment on the project until they have all the facts.
The Airport Authority is presenting the project to county commissioners at the March 9 commission meeting.
New polling place to end Cherokee voters’ commute to Bryson
People in Cherokee will no longer have to drive or hitch rides into Bryson City to cast ballots during early voting.
The Swain County Board of Elections recently agreed to establish an early voting site in Cherokee, a move that will likely increase voter participation.
A 92-year-old woman from the Big Cove community in Cherokee came to the board of elections and asked it to set up an early voting site on tribal land. Otherwise, Cherokee voters had to travel as many as 40 miles roundtrip to cast their ballots in Bryson City.
“It was placing undue hardship on the voter,” said John Herrin, a member of the Swain Board of Elections.
When it comes to elections for tribal offices like chief, Cherokee runs its own elections. But for state and national elections, Cherokee voters cast ballots under the auspice of either Swain or Jackson counties, depending on which side of the reservation they live on. Jackson already had a polling site set up for Cherokee voters.
“Jackson County residents basically could go a couple miles from their home, while Swain County residents had a 20-mile drive,” Herrin said.
A site for the new polling location has yet to be chosen. The site will only be open during early voting. On Election Day, Cherokee voters will still have to leave the reservation to vote in the Whittier precinct.
Herrin hopes the establishment of an early voting site on the reservation will encourage better voter turnout.
Cherokee voters already showed good turnout in the last election, with 70 percent casting a ballot, according to Board of Elections Director Joan Weeks. But while 25 percent of all registered Swain County voters cast early ballots, only 17 percent of Cherokee did so — a discrepancy likely linked to the distance of the nearest early voting site.
The early voting polling site might also increase participation in local off-year elections, such as county commissioner races, which Cherokee voters previously haven’t turned out for in high numbers.
“Typically, you see a lot of participation from the Reservation on presidential and senatorial elections, and not nearly as much during off years for local county government,” said Herrin. “We might see a lot more, considering they don’t have to be inconvenienced as much as in the past. We can’t just go out there and beat on their doors and beg them, but we can definitely make it as easy as possible to vote,” Herrin said.