a Tr Cale Coter Kvist Aun Rid Comsne Wikia ar Culture and History cee September 1, 2010, Ms, Elizabeth S. Meritt Deputy General Counsel National Trust for istic Preservation 1785 Massachusetts Avene, NW Washington, DC 200362117 Mr. Peter Morgan Siera Cb 85 Second Street, Second Floor ‘San Francisea, CA 94105, RE: Destraction of Archacolgical Sites on Blair Mountain Dear Ms. Merrit and Mr, Morgan We have received your leer expressing concen abou the destruction of archaeological site 4613205 on [Blair Mounain, In this ker you ak us to investigate this mater withthe goal of identifying who intted ‘and performed the bulldczing and other disturbances and whether these activites constitute “anticipatory demolition” under Section 110(k) ofthe National Historic Preservation Act, 16 U.S.C. §470qh-21k) and 36 CER. § #00.%c), Respetflly, please be advised that these regulations ae silent regarding the role ofthe State Historic Preservation Office in his matter and do not provide my office any legal authority to investigate this mater However, WV Code 29- Bag) allows forthe SHPO to contact the prosecuting attorney ofthe county in \shich siolation of any provision ofthis section of code isalleged to have occurred. We have dons please see the attached Tater vou have any questions, please comtact me or Lora A. Lamarre, Seniow Archaeologist 304-588-0240. Deputy Sat Historic Preservation Oficee SMPILAL ce: Advisory Council for Historie Preservation EnetosureVIRGINIA “Cultureand Hitory—SSS*~*S*S*« TET September 1, 2010 Mr. John Bennet Prosecutor Logan County Prosecute’'s Office 420. Main Sweet, Suite 390 Logan, WV 25601 RE; Destruction of Archaeological Sites) on Blair Mountain Dear Mr. Bennet In my role asthe Deputy State Historie Preservation Officer forthe State of West Virgina, Lam charged 10 Protect and preserve historically significant sites within the State of West Virgina, thas been brought to my attention by the National Trust for Historie Preservation, the Siera Club and others that an archaeological ste located on Blsit Mountain known as 461208 may have been heavily disturbed or destroyed by recent ‘imibering activity. (Please see enclosed ier.) This historically significant site is a contributing resource in ‘he Blir Mountain Balefield National Register nomination. The Kecper ofthe National Revister of Historic Places, United States Depariment ofthe Interior, has detenmined that Blair Mountain Battlefield i officially sible for listing i the National Register and thus significant hstore propery, Asa contributing resource, 461208 adds wo the histoee associations and archaeological value for which the propty is Sanifcan. “Moreover, pursuant to W.V. Code §29-1-89(2X1), 1am requesting that yow investigate this matter an ake appropriate action unde he state. We atthe State Historte Preservation Office stand realy 4 provide asisince with questions dacimens a needed during tis process. Lora A. Lamatre, Senin Archacologst, or Erin Ree, National Register Coordinator canbe reached at (304) 338-0240 for any sistance inthis mate, hope that you will review this sation and eonsider the historic nate ofthis site and the implications of its destuction forthe State of West Virginia. I thank you in advance for your prompt sttention to his matter singh {) Jyoti aac. ‘yan M, eres Beputy’ State Historie Preservation Officer SMPILALIKAC ce: Sierra Club National Trust fo Historie Preservation