By Heather Michon, correspondent
The James River Water Authority is pushing back against a surprise decision by the Virginia Department of Historic Resources (VDHR) and the Army Corps of Engineers (ACOE) to disqualify work done by the archaeologist who surveyed the proposed site on the James River at Point of Fork near Columbia.
Many believe that the facility would sit atop the remains of Rassewek, the historical capital of the Monacan tribe.
The decision came in a Sept. 6 letter from VDHR Director Julie Langon to Fluvanna County Administrator Eric Dahl.
Langon wrote that although Carol Tyrer of Circa~ Cultural Resource Management has performed hundreds of site surveys over the last several decades, it was recently brought to VDHR’s attention that she lacked the academic background to meet “the Professional Qualifications Standards for Archaeology, which are the minimum requirements that must be met under the Virginia Administrative Code.
“The failure of the archaeological consultant to meet the above requirements renders the information previously provided regarding the scope of the permit application and associated plans unreliable,” she concluded.
Langan said VDHR was denying the permit application for the archaeological excavation of human remains, and for the permitting process to move forward, because “the existing research design and data recovery plan must be reviewed and revised by a qualified archaeological consultant to meet both the Department’s standards and the approval of the Monacan Indian Nation (Monacan), who are directly affected by this project.”
“We understand that you wish to move forward with permitting as expeditiously as possible,” Langan concluded, “and we hope that you also understand our great caution given the importance of this land area to Virginia’s federally-recognized tribes as this area contains multiple archaeological sites likely associated with Rassawek, the ancestral capital of the Monacan.”
This letter was followed by another from William Walker, chief of the Regulatory Branch of the ACOE. The VDHR’s decision on Tyrer’s qualifications meant that they, too, have to reevaluate the project, and Walker said the way to do that was through “the standard individual permit process.”
This is potentially a larger problem than the lack of a burial permit. JRWA is petitioning for a Nationwide permit, which are given out for relatively uncomplicated projects. Standard Individual Permits are, according to the department’s website, “more complex in nature” involving public hearings and the participation of commenting agencies.
JRWA called a meeting on Tuesday (Sept 17) at Spring Creek near Zion Crossroads. After a lengthy closed session, they approved GAI Consultants, an engineering firm with offices in Glen Allen, to review Tyrer’s work.
Members also approved a seven-page letter to VDHR, arguing that the agency had essentially blindsided the Authority by not letting them know there were problems with Tyrer’s credentials and allowing them to respond before the decision to deny the permit was made.
The JRWA “unequivocally disagrees” with VHDR’s argument that Tyrer didn’t meet the minimum standards for an archaeologist, pointing to her 35 years in business and over 700 published papers and technical reports.
They also object to Langon’s insistence that they include the Monacan tribe in the research design and data recovery plan. “The assertion that the project “directly affects” the Monacans is factually wrong. The project is wholly situated on private—not tribal—property.”
“[The] Monacans have stated publicly that they will not agree to any research design or data recovery plan for the site,” they continued. “In light of the Monacans well-publicized statements about the project, we read your letter as effectively granting the Monacans a veto power over the project.”
The James River Water Project is a multimillion-dollar joint venture between Louisa and Fluvanna counties to carry over 6 million gallons of James River water per day to Zion Crossroads and other parts of Louisa County. It is a vital part of the development plan for the region,
For the moment, all parties seem to be at an impasse.
It’s not clear where things go from here, but during public comments, Louisa resident and retired attorney Angelo Lomascolo suggested that the agency letters were a message to the Authority: “They’re tired of this.”
