David Fuerst, PhD

New River Gorge National Park Service

P.O. 246
Glen Jean, West Virginia 25846
David_fuerst@nps.gov
304.465.6530

Ranger Fuerst,

After notifying Ranger Cooper late last week, and consulting with him by phone the first
of this week. Ranger Cooper recommended that I forward the notice of these concerns on
to you. He stated that this type of complaint might best be reported to you and fall under
your auspices, authority and jurisdiction. I have since returned to the battlefield at Blair
and photographically documented further destruction to the sites. Therefore I assume that
this letter will suffice to alert you of the recent destruction of a documented archeological
site on Blair Mountain, which is within the boundaries of the historic battlefield currently
under consideration for listing on the National Register of Historic Places.

It is my understanding that under the law, any site that has been nominated for
consideration is supposed to be protected as if on the list. As such, the destruction of
archeological site 46LG205 on Blair Mountain appears to be a direct violation of section
110(k) of the National Historic Preservation Act, 16 U.S.C. § 470(h)-2(k) and 36 C.F.R.
§ 800.9(c).

Unfortunately, that's all the information that I can provide regarding that site,
except that although the State Historic Preservation Office ("SHPO") was apprised of the
situation some time ago, when one co-sponsor of the nomination called SHPO
archeologist Lora Lamarre to ask what her administrators were prepared to do to protect
Blair Mountain, she apologetically explained "nothing", even though I believe the
damage had been reported directly to her agency by another archeologist several
weeks before that phone conversation.

Although I don't have access to the names of the land owners where the
destruction occurred, I am reasonably certain that the SHPO knows exactly who the land
owner is, as that agency has signed off on permits issued by the Department of
Environmental Protection for surface mining and other operations there. Please be
advised that if those two agencies are reluctant to cooperate with you, the Army Corps of
Engineers may be of some help in identifying the land owner and to which company
permit(s) have been issued.

After I learned of the destruction, I also found out that on Sept. 1, 2010, deputy SHPO
Pierce decided to act regarding this matter only after having been pressured by letters
from Ms. Elizabeth S. Merritt, Deputy General Council for the National Trust for Historic
Preservation ("NHTP") and the Sierra Club. Her office had been notified of the
destruction long before receiving those letters, via evidence gathered and documented by
local archeologists. Yet only after receiving the letters from the NHTP and the Sierra
Club did she decide to act.

Unfortunately, thus far, her only known response has been to improperly notify John
Bennett of the Logan County Prosecutor's office, citing WV Code 29-1-8a(g) as her
justification for doing so, a law which obviously applies to the destruction of
cemeteries, but does not bestow jurisdiction to the local prosecutor regarding historic
assets under the protection of the National Parks Service.

Please correct me if I'm wrong, but I believe that common sense dictates that
an investigation and any subsequent law enforcement action stemming from this
particular incident properly falls within the jurisdiction of the National Parks Service.

There is another matter related to a separate threat to Blair Mountain having to do with
acts of fraud believed to have been committed during the nomination process.

Attached is documented evidence leading to the belief that the land companies knowingly
supplied the SHPO with a list of unqualified objectors to their property being placed on
the National Parks Register, causing Blair Mountain to be removed from it. In fact two of
the "objectors" are dead, one of which died over eight years ago!

Yet the SHPO has never reported the apparent fraud perpetrated by the land company
lawyers which indirectly threatens the historic resource by causing it to get removed from
the list.

I would greatly appreciate your quick response to this, and also ask to be kept apprised as
I am concerned that yet another historic asset may forever be lost due to the combination
of over aggressive industry and the State of WV's completely negligent aforementioned
regulating agencies.

Sincerely,

(signed and sent Sept. 22, 2010 by)

Jesse Johnson