Tribe opposes Substation at Kituwah Site

[walksalone11]

By SCOTT MCKIE B.P.

ONE FEATHER STAFF

The Mound at the Kituwah Site (Photo by Scott McKie B.P./One Feather staff)

Kituwah, the Mother Town of the Cherokee, is in danger according to many tribal members who are opposing the construction of a Duke Energy Substation near the site.  Tribal Council passed a resolution during their regular session on Thursday, Feb. 4 denouncing the construction plans.

“Kituwah is the most important sacred site to the Cherokee people, and it is amazing that it remains intact into the 21st Century,” said Principal Chief Michell Hicks who submitted the resolution.  “We purchased the site for the sole purpose of ensuring protection for future generations of Cherokees and it is our responsibility, as a Nation, to continue that work....."

Read more@......

http://www.nc-cherokee.com/onefeather/2010/02/08/tribe-opposes-substation-at-kituwah-site/

[walksalone11]

TAHLEQUAH, Okla. – Chief George Wickliffe of the United Keetoowah Band of Cherokee Indians in Oklahoma (UKB) joined Chief Michell Hicks of the Eastern Band of Cherokee Indians to meet with leaders of Duke Energy Carolinas on Wednesday, February 17 in Cherokee, North Carolina.  The meeting was to discuss the proposed Hyatt Creek Tie Station, a power substation planned to be built at Kituwah, the Mothertown of the Cherokee people.

Just across the Tuckaseegee River from the property the Eastern Band owns, where the ceremonial mound is located, the proposed site is part of the original town which is the mothertown and where the Creator first gave the religious fire and instructions to the Cherokee people.  The small portion of Kituwah that is owned by the Eastern Band is on the National Historic Register, and would be adversely affected by the tie station. The United Keetoowah Band claims the entire area of Kituwah to be a Traditional Cultural Property, and recognizes it is still used for religious purposes today.

“It is like the Vatican to the Catholic, or the Garden of Eden to the Christian,” said UKB Chief George Wickliffe.

During the meeting, the Duke Energy leaders acknowledged they had not approached the project with due diligence in regards to the federally recognized Cherokee tribes, and assured the UKB and the Eastern Band that they would maintain an open line of communication with both tribes, effective immediately.
Chief Wickliffe issued a statement earlier reciting not only the ancient history of the site, but its continued religious importance to traditional Keetoowah Cherokee people.

“Keetoowah Cherokee religion, and origin as a people, are centered around the townsite of Kituwah,” the statement read.

The UKB’s Council recently passed a resolution to support the Eastern Band, and as a federally recognized tribal government, expects to continue working adamantly in resolving the issue for the benefit of all people involved and affected.

“We are taught as Keetoowah Cherokee people to be kind and humane.  We realize the tie station is necessary, but not right there,” said Wickliffe.

Several options were discussed to relocate the tie station, and Chief Wickliffe feels satisfied that a resolution to the situation will be forthcoming.

[ro901]

Thank you for posting this. I believe they will come to a suitable resolution.

[walksalone11]

I haven't heard any thing about the Texas Cherokees position on this.

Do you have any info?

[walksalone11]

week of 2/24/10
   
   
 
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
     Duke, Cherokee meeting opens dialogue over Kituwah site
By Giles Morris • Staff writer

After a day of discussions between the leadership of Duke Energy and the Eastern Band of Cherokee Indians, the dispute over the construction of a proposed power substation near the tribe’s most sacred site remains unresolved.

Last Wednesday (Feb. 17) Brett Carter, President of Duke Energy Carolinas, led a delegation to the EBCI Council House to meet with members of the tribal council and Principal Chief Michell Hicks. The meeting was billed as a closed-door discussion between leadership of the two entities, but before it began a group of demonstrators expressing support for the tribe’s leadership was invited inside.

What followed was, according to participants, a formal and orchestrated dialogue in which Carter expressed his regret that Duke Energy had not consulted with the tribe before beginning the site preparation for the substation. But while Duke has admitted to poor communication and expressed a willingness to pursue mitigation of the visual impact of their project, they have also continued to work on preparing the site for construction.

“The work that’s going on at the site is grading and prep work, and that work is going to continue,” said Duke spokesperson Jason Walls.

While the tribe wants to see the substation moved to another tract, Duke asserts the visual impacts can be mitigated.

After the discussion between Carter and the members of the Tribal Council had finished, the council allowed a series of questions from the audience. Some were probing and others impassioned, but all of the tribal members who showed up wanted to make it clear visual mitigation wasn’t enough; they wanted the substation and line upgrade project moved off the hill.

Natalie Smith, a tribal member and Cherokee business owner who helped organize the demonstration, said she was grateful to the council for inviting them into the dialogue.

“You can’t do this here,” Smith said. “That was the bigger message.”

Chief Hicks also invited members of the Swain County board to the table. Swain County Commissioner David Monteith was not impressed with Duke’s communication with the leadership of the county or the tribe.

“I think they treated Swain County like a left-handed stepchild,” Monteith said. “Professional courtesy from a company of the size of Duke with a project that large would at least tell you to talk to the commissioners.”

George Wickliffe, a chief of the Oklahoma Cherokee United Keetoowah Band, sat in on the meeting, too.

“Kituwah is well documented as our Mother Town and due to its history, not only through such documentation, but orally and as a part of our religious tradition, is like the Garden of Eden to the Christian,” said Wickliffe.

After the meeting, Hicks said the tribe had already identified areas that could be used as alternative sites for the substation, but he wouldn’t comment on whether any definite alternatives had already been discussed.

“We’re still working on what our options are,” Hicks said. “I think they were sincere about the failure to notify us of the project. As far as negotiating, we won’t know until we see what options they present.”

Hicks said over the next two weeks Duke would submit plans to minimize the visual impact of their project, and the EBCI would offer Duke options for moving the site off the hillside.

Walls called the meeting “productive” and said Duke “left with a commitment to work on additional mitigation to minimize the visual impact” of the project.

[walksalone11]

week of 2/24/10
   
   
 
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
     Report shows Duke considered impact on Kituwah
By Giles Morris • Staff writer

In the wake of the controversy surrounding the company’s proposed substation, Duke Energy representatives claimed they were unaware of the project’s potential impact on the Cherokee’s most valued site.

But Russ Townsend, historic preservation officer for the Eastern Band of Cherokee Indians, isn’t so sure. Townsend received an archeological report that Duke conducted on the site of the substation in 2008.

“It basically clarified that Duke did know all of these things they were saying they weren’t aware of,” Townsend said. “That was disappointing. They’re not required by law to consult with me, but they’ve always said they wanted to be a good neighbor.”

Archeologically, the substation project’s interference with Kituwah presents an interesting dilemma.

The EBCI bought 309 acres around the mound site in 1996, and an archeological survey the following year discovered a 65-acre village site that confirmed a long term of settlement. The mound site and the surrounding village are listed separately on the federal register of historic places.

The mound, 170 feet in diameter and five feet tall, formed the base for the council house where the Cherokee conducted some of their most sacred ceremonies.

The Duke substation project is taking place on a surrounding hillside that is not owned by the tribe. Duke considers the project an upgrade of an existing line, and therefore is not bound to a public vetting process that would involve consulting with state historic preservation officials. The substation site covers a 300 by 300 foot square, and its structures will be 40-feet high.

But the Cherokee have argued the project directly threatens the integrity of the Kituwah site.

Tom Belt, who teaches Cherokee language and culture at Western Carolina University, explained that the concept of the Kituwah mothertown for the Cherokee would encompass the entire area within a day’s walk of the council house. Belt said the actual valley and its mountains play crucial roles in spiritual ceremonies held on the solstices and in the cosmology that support the tribe’s clan structure.

“On those days if you stand at the mound where the council house was, the very place the light hits first is on the seven peaks on that mountain where the substation will be built,” Belt said.

Townsend said the archeological report filed by Duke confirmed there were 15 important sites within a mile of the substation project, and two nationally registered sites within a half mile. Townsend said there are likely no artifacts left in the ground in the area, but the report, conducted by a private firm, leaves little doubt about its archeological significance.

“It’s my professional opinion that this is really a true adverse impact to Kituwah,” Townsend said. “It’s not just a site on a hill we don’t want developed.”

[walksalone11]

Duke Energy is constructing new 161kv transmission lines from Robbinsville in Graham Co. to the Swain County Hyatt Creek area where they plan to build a NEW substation for the transmission lines to tie into.

The last leg of the transmission line route where the substation is to be located is DANGEROUSLY close to Kituwah mound (which is a national historic site and still where Cherokees practice their culture).

NC state law (62-101) requires that before the construction of any new transmission line (legally defined as 161kv or more) the public utility must apply for and obtain 2 certificates. One of those certificates is a Certificate of Environmental Compatibility.
The application process requires that 6 different state departments have the opportunity to review the project and determine if it would have a negative impact in the areas of construction.
These departments include:
the Dept. of Transportation;
the Attorney Generals Office;
the Dept. of Cultural Resources;
the Department of Commerce;

The application process also includes a public notice process with specific personal notice given to the municipalities and private land owners where the lines come through, and anyone or any entity who the Public Utilities Commission deems appropriate or with a special interest.

Duke Energy did not apply for these certificates before they started this project.
They're claiming that there is an exception to the rule that allows them to construct this project without the certificates.

Well, There is in fact an exception to the rule, but Duke is twisting the reading of that exception.

The exception (62-101c(2) ) allows for the upgrading and modernizing of existing lines without applying for the certificate.
Duke's says that this Hyatt Creek project is upgrading existing 66kv lines with 161kv lines, therefore they don't need the certificate.

This exception is found under Chapter 62 article 5A entitled "Siting of Transmission Lines".
HERE'S THE CATCH......Transmission lines are legally defined as 161kv or more.
Lower voltage lines may still be referred to as "transmission lines" in the industry and in a generic sense, but they are not regulated by the state and therefore a not a part of the regulations in article 5A.

Duke Energy is reading the "upgrading existing lines" exception to mean going from unregulated lines to heavily regulated lines.
They are ignoring the legal definition of "transmission lines" and twisting the legal exception into an absurd result. This absurd result is prevented by the law as well by something that is called Statutory Construction rules. (which prevents an interpretation of a law to allow an absurd result)

Duke's interpretation of the law would be like having a law that says all 16 year olds who want to drive must apply for and get a drivers license, except that if you are a boy or a girl you don't have to apply. The exception swallows the rule.....in other words....it totally negates and nullifies the rule.

It is absurd to think that a public utility company would be allowed to simply claim that their construction of BRAND NEW high voltage, highly regulated, transmission lines, on which no previous certificates were ever granted, are simply "upgrades and modernization" of old, low voltage lines, and therefore no regulation applies to these otherwise heavily regulated types of high voltage lines.

IF THE NC UTILITES COMMISSION is persuaded to believe that Duke's interpretation is correct Then the very law requiring the application and certificate process would have no meaning and the citizens of NC would go un-protected under the law.
The very agency required to regulate the industry would have no legs to stand on.

The FACT IS, Duke Energy knew that this Hyatt Creek site was a few hundred yards away from 2 National Historic Sites at Kituwah.
Regardless of the type of lines coming through, utility construction at this site is unreasonable and unjustifiable, especially given their prior knowledge.

Duke said they "just didn't count on the ripple effect that their project would have on the community".
They said that the reason they chose the site was because "the property was for sale and they wouldn't have to go through the condemnation process."

Basically, it was a convenient spot. Forget the historic, cultural and religious significance of the surrounding area and Forget the Cherokee People.

Forget the scenic highway status through swain county where many of these monster towers are erected beside.

Forget the notification required. Forget the dozens and dozens of private land owners between Hyatt Creek and Robbinsville.

Its amazing how little Duke thought of Swain County and the Cherokee, and I am wondering how they treated EVERYONE BETWEEN HERE AND ROBBINSVILLE from where those towers march over ridge-tops.

The good news is, the citizens of Swain County and Cherokee caught this potential tragedy before the lines, the towers and the substation are there.
And both Swain County and the Tribe have offered Duke Energy other sites to build the substation on where the lines and towers won't interfere and impact the Kituwah Valley, Cheorkee Cultural practices, tourism, commerce, real-estate, etc...

Duke has the chance to really stand out in this situation as a company who cares about more than just the bottom line. It has two governments working together to find another site. Two governments have taken swift action to protect one the most beautiful valleys in Swain County and absolutely the most historical and culturally significant valleys to Cherokee people, wherever they may reside. But they are NOT taking that opportunity.

-NATALIE SMITH

[acurtsinger2]

if i see a post from you i always read it.   Hi, my name is alicia and i live in indiana.

[walksalone11]

if i see a post from you i always read it.   Hi, my name is alicia and i live in indiana.

"Siyo Alicia, Wado, for your interest. It's good to make your acquaintance. The name is John, friends call me Walks....Originally from North Carolina, spent about a decade and a half in West Virginia then Colorado for a year or so...recently bought property just west of Taos New Mexico with plans to settle there......along comes a beautiful Tsalagi woman......wound up in the Black Hills of South Dakota, been here a month or so....it's nice.......***looks around.....*** hummm....just maybe..........

OK...back on topic! LOL