Tribes: Delay LNG hearing

By Alexander Rich, Staff Writer
Tuesday, July 21, 2009 | 18 comment(s)

County officials unsure about postponement

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Local Indian tribes want Coos County to delay a county hearing on a proposed liquefied natural gas terminal.

The county commissioners are scheduled to discuss contested aspects of the North Spit proposal at 1:30 p.m. Thursday in Coquille. Despite the tribal concerns, county officials sounded skeptical on Monday about delaying the hearing.

The meeting stems from an appeal of the commissioners' 2007 decision to approve Jordan Cove Energy Project's land-use application.

The state's Land Use Board of Appeals found three issues, which will be addressed Thursday.

Those issues regard wetland preservation, archeological protections and county policy questions. The archeological protections are the main concern for the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.

In their original decision, the commissioners adopted a policy that would let the Confederated Tribes  raise concerns before construction.

LUBA said the decision didn't ensure a hearing if the tribes and the developer couldn't agree.

Planning Director Patty Evernden says that issue has been addressed. If Jordan Cove wants to begin construction, it will need to obtain a zoning clearance letter.

"At that time, we will notify the tribe that they want to move forward with the permits," she said. If Jordan Cove can come to terms with the Confederated Tribes, the county's formal land-use planning process kicks in.

Those assurances don't appear to have satisfied the Confederated Tribes. Bob Garcia, chairman of the tribal council, sent a letter to the county July 13, requesting more time to "reach agreement with the Project."

If the hearing can't be postponed, Garcia asked for  a hearing  to allow more written comments.

The project is proposed for an area in tribal ancestral territory. At a 2007  hearing, the tribes' cultural resource protection coordinator said previous nearby construction  had disturbed grave sites in three archaeological areas.

Assuming cultural resources are protected, the tribes have taken a neutral position on the LNG terminal, Garcia wrote.

Jordan Cove Project Manager Bob Braddock said developers are working to complete an agreement with the tribes to spell out how to protect those resources.

Another issue before the commissioners regards a question about wetland maps. The county relied on maps prepared by Jordan Cove to locate wetlands.  But LUBA insisted the county use its own wetland maps, even though Jordan Cove's maps are newer. County planners have recommended following LUBA's instructions.

The final question before the commissioners is whether policies about wastewater discharge and weak foundation soils apply in this case. LUBA asked the county to clarify these issues.

The county planning staff determined the first one is irrelevant, because discharge questions apply only in "aquatic" zoning districts. Jordan Cove proposes to build in a "shoreland" zoning district. And, though Coos County has no authority over building permits, the planning staff has recommended requiring a review from the state's Building Codes Division before construction.

Thursday's hearing will begin with a review of the issues followed by comments. Jordan Cove will likely get the first chance to speak, said Jackie Haggerty, the county's lawyer. Those who filed appeals with LUBA will each have 15 minutes to comment, with all other speakers getting five minutes. Comments can only cover the three topics remanded by LUBA.

Chairwoman Nikki Whitty said speakers on both sides would ensure the hearing stays on topic.

"We will have both opponent and applicant protesting if one or the other tries to bring in other topics," she said. "It will be called to our attention, I'm sure."

Whitty and Comm-issioner Kevin Stufflebean said they weren't sure how they would handle the tribes' request. Whitty said she didn't think they would postpone the hearing, though it would be up to all three commissioners to decide.

Once the commissioners finish taking comments, they will schedule a deliberation meeting. It might take more than one meeting for them to make a decision, Haggerty said.

The county's jurisdiction is limited to land-use issues. The Federal Energy Regulatory Commission decides whether the terminal can be built.



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Citizen wrote on Jul 28, 2009 4:10 PM:

So these were the remains of a native american based upon what evidence? My ancestors lived in this area before the 40s. Does that mean I can prevent somebody from building a house near Bullard's Beach? This tribal business is ridiculous. We are all citizens of this country. The federal and state government take from me all the time. If not us then the French, Spanish, or Russians would have taken over this country and done just the same. Wait... they did treat the natives pourly. Canada, Mexico, Alaska...

amadeus wrote on Jul 28, 2009 11:09 AM:

bones are just bones. heck, lets build hotels on all the wasted space in the local graveyards. ya can't harvest bones for profit like trees, in fact we should plant douglas fir on all the graveyards and cut em down in 40 years.

Fed Up wrote on Jul 25, 2009 3:44 AM:

Bet the indians wouldn't have a problem developing a giant casino on that supposed "tribal ancestral territory" as long as they were the ones profiting from it.

Do they realize that virtually every spot on this earth has been a burial spot for someone at some time? Maybe all of civilization should just bull doze everything built by man because someone either is or used to be buried in that spot.

It's time to join society and have the same rights as everyone else. If you must have your sovereign this and sovereign that, with all of you're privileges, then wall yourself off and stay out of my country. Stay on your little sovereign piece of property and stop complaining. I can think of better uses for the money spent because your great great great something or other was oppressed.

fern wrote on Jul 24, 2009 10:02 AM:

Tsunami
You could be right that it possibly is your ancestor, but it more than likely is not. I don't see any body trying to stop LNG on this basis, at least I have not seen that from the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians. Here are the words used " archeological protections" .

Shallow Al wrote on Jul 24, 2009 8:58 AM:

These are not Tribal grounds. They are our grounds. Before the Tribe came along, who was in the area? Maybe it's actually theirs?

I honestly cannot understand how a few bones change the designation of any area. Has it even been established who's bones they really are. And how in the world could any development take place if there are going to have to be special considerations set aside for any special interest group that comes along?

I do know the people protesting outside the Owens Building during the hearings on Thursday were rude, offensive and generally a pain in the rear end.

I wish they would just stay in the unemployment and welfair lines and out of the way.

Chew on that.

tsunami wrote on Jul 23, 2009 4:30 PM:

a few bones found doesnt mean it was a burial place. the bones mentioned in the comments could be anyone's bones there for any number of reasons. i think they're my ancestors who were out exploring. and it's ok to go ahead and develop.

fern wrote on Jul 22, 2009 5:11 PM:

Pig Nuts

Definitely not a treehugger but I respect burial grounds and cemeteries.

fern wrote on Jul 22, 2009 5:10 PM:

PART THREE
The girls notified Officer Howell. The sheriff with the two girls and a Times representative went to the scene of the discovery Friday afternoon and brought back the bones. Lack of tools prevented the expedition from further exploration.
Sheriff Howell declared he might return to the spot with a shovel soon to determine whether thee were any other remains in the vicinity, but that no official action would be taken as it obviously was only an old Indian grave exposed by the wind and shifting sands.

River Rat wrote on Jul 22, 2009 5:00 PM:

Mr. Pig Nuts,
Wrong again? The apology was nice, but once again you are putting your keyboard in motion with your mind in neutral. That assessment of the project on 10th street was priceless. Did you get a chance to read my response?

fern wrote on Jul 22, 2009 12:38 PM:

Pig Nuts...your first post was exactly why I posted it...I knew somebody would try to refute the archealogical sites being out there.

Pig Nuts wrote on Jul 22, 2009 8:38 AM:

Fern

Scratch that, I missed the date, I thought it was recent.

Pig Nuts wrote on Jul 22, 2009 8:25 AM:

Fern

Those artifacts are a plant. I spend a lot of time hiking & high school students out for a stroll through the Dunes is the last thing you would ever see. Coincidentally in that specific area, coincidentally at an opportune time coinciding with decision time, I don't buy it. I put nothing past the treehuggers to try & impede this project.

CBRezident wrote on Jul 22, 2009 6:42 AM:

To Tsunami:I Give thanks to the Great Spirit that it isnt up to you.It is evident that you dont know squat about the Tribes of the southcoast.You might be familiar with the saying "It is better to remain silent and thought a fool than to open your mouth and remove all doubt".I have to wonder if youve ever been to the Southcoast?

River Rat wrote on Jul 22, 2009 1:06 AM:

This is a legitimate concern. Normally, the tribes have a sign-off on any development in sensitive areas. The article gives no reason for the delay request, though. Interesting. Does anyone know if the tribes signed off on the recent excavation for the sand fest vendors? That project "moved a mountain".

fern wrote on Jul 21, 2009 3:34 PM:

PART TWO

The top of the skull, bleached white from exposure to the sun and wind, was first seen by the trio. It was on an embankment on the north side of the old railroad spur to the north jetty.
Further prodding into the sand by the party produced a lower jaw with most of the teeth still intact, part of an upper jaw and a fairly well preserved leg bone.
The Locke girls and Schultz replaced the bones and covered them up, returning to their homes.

fern wrote on Jul 21, 2009 3:33 PM:

From the Coos Bay Times June 8, 1940

YOUTHS UNCOVER INDIANS BONES IN SAND DUNES

The bleached and rotting bones of some human being, discovered Tuesday by two Marshfield girls and a North Bend youth were thought to be the remains of an Indian long since departed from the earth, according to Sheriff W. F. Howell of Coquille, who investigated the discovery Friday.
The remains, unmistakably those of a human, were stumbled upon by Marie and Roberta Locke, Marshfield High school girls, and Keith Schultz, valedictorian of this year’s North Bend High school graduating class, while they were on an afternoon hike over the sand dunes just across the bay from Empire.

My Goodness wrote on Jul 21, 2009 3:16 PM:

Tsunami,
The confederated tribes do not own the Mill Casino. They own Three Rivers. Just for the record.

tsunami wrote on Jul 21, 2009 2:17 PM:

if it was up to me, i'd accomodate the mill tribe in about the same fashion they accomodated north bend with room taxes. they may have once had possession of the bay area, but they dont now. they should be happy with what they have and not sticking their noses in others business.


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