Developer agrees on burials, wetlands

Riverwalk Park, LLC, has amended their plans for riverside development.
In order to assure compliance with the National Historic Preservation Act, the company will not pursue construction in the lower portion of the development nearest the water, and will instead spin off that portion of the development into a separate entity.
The developer of Pigeon Forge’s riverwalk area at the old Jake Thomas farm met with representatives of the State Historic Preservation Office, as well as officials from the Army Corps of Engineers, and Gerald Kline from TDOT Tuesday in Nashville, to discuss burials unearthed during the course of construction on the site, and the impact construction would have watercourses there. Officials from TVA joined the meeting via teleconference.
“We are complying with all aspects of the law, and we will be proceeding with those requirements,” stated Ira Grossman, vice-president of Riverwalk Park, LLC, regarding the purpose of the meeting.
The consensus of the meeting was that no further archaeology would be required for the upper portion of the development, which encompasses around 114 acres, and that the lower portion would be sold later, with the stipulation that notification would be placed in the deed that the 40 to 45 acres included “a cemetery of undefined proportions.”
As many as three native American burials have been discovered in the lower portion of the development, along with pottery dating back to the Woodland period, which could be as much as 2,500 years old. The area also contains streams that fall under regulatory protection.
The report given by the team from Duvall and Associates, a firm based in Franklin, TN and retained by Riverwalk Park, LLC, indicated that several prehistoric Native American village sites were located where the construction is taking place.
“We’ve always been concerned with what we’ve found out here on the terrace,” Grossman told The Herald, “which is why we’ve been careful about releasing information regarding the finds. Now we and city will be able to go ahead with plans for the 114 acres on the hillside.”
Nick Fielder, Director of Tennessee Department of Environment and Conservation’s (TDEC) Division of Archaeology, told The Herald the report noted at least three Native American burial sites on the property, and that there were likely more.
Reaction from some members of the Native American community were of acceptance.
“They are taking our concerns seriously. That is to be highly commended,” said Carl “Two Feathers” Whitaker, a local Native American active in representing burial issues.
Whitaker told The Herald that the company had pledged not to disturb the remains found thus far, the remains would be handled according to accepted guidelines already offered by the Eastern Band of Cherokees (EBC). Grossman also indicated that the EBC would be issuing a letter to the effect that they agreed with the steps taken, to be directed to Fielder at TDEC.
However, Russell Townsend, Deputy Tribal Historic Preservation Officer for the EBC, said that the organization had been involved only indirectly with the burial issues, mainly through emails forwarded from archaeologists involved with the site.
“According the National Historic Preservation Act, sections 106, and 101 B and D,” Townsend said, “our organization should be consulted before any action is taken on locations covered by the act.”
The Act mandates that whenever a federal agency is involved with construction in historic sites, as the Corps and TVA are in this case with stream diversion permits, that consultations must be made with named preservation authorities. In addition, Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,” directs Federal agencies to consult with tribal governments regarding issues which “significantly or uniquely affect their communities.”
No trigger for the provisions under the Act would be activated since the development company has decided to transfer ownership of the designated areas near the river.
The new plans and amended permits will be filed as soon as they can be prepared. “Our engineers are working on that now and it should be finished in about two weeks,” Grossman said.
“We met with Mr. Grossman,” said Reuben Hernandez, of the Regulatory Branch of the Army Corps of Engineers, “and their application will be revised and resubmitted.”
Some mitigation of the watercourses will be necessary, but will be taken offsite.
“We will be paying for the offsite mitigation of the blue-line streams there now,” Grossman said. Due to the nature of the project, it is unclear at present how much the mitigation will cost.