It need not have turned out this way.
Initially we claimed that the Rock is sacred – a place of worship, not to be desecrated.
Kennecott, in their application, wrote that no artifacts were found. They were incompetent archaeologists and/or they lied.
Significant prehistoric artifacts were being studied professionally on top of the rock. The results have now been published.
In court AL Judge Patterson sided with us and ruled that the portal should be located elsewhere, far from the Rock. That was his sole concession.
Kennecott lawyers reinterpreted the meaning of “place of worship”, insisting that it included a building, and the DEQ concurred with them, as usual, despite other dictionary definitions, despite the fact that prehistoric construction materials would have decomposed and, without field investigation, they overturned the ALJ ruling.
In September 2011 Kennecott began to construct a portal into the Rock, including a tunnel beneath the Rock, now fenced off as sacred ground. That was a scenario not unlike driving a tunnel beneath Saint Peter’s (the “Rock on which my church is built”) cathedral and building a 100-acre mine site in his parking lot. You might ask the Bishop for his opinion.
The desecration will continue for many years, beyond the life of the Eagle mine.
To protect the artifacts from exploitation by amateur archaeologists and collectors Kennecott built a substantial galvanized Cyclone-type 8ft fence around the top of the Rock. That was a commendable gesture on their part, probably instigated by new local management, but it does not excuse the fraudulent deceptions committed by Kennecott two years ago and it does not change the ongoing desecration of the site as a whole.
Without any field investigation they lied about the status of the Rock, and the DEQ, similarly without field investigation, colluded with them.
To accept the current situation would be to aid and abet the breaking of the law, Part 632 in particular, and to invite the prescribed penalties for doing so.
The legal requirement would be that the site be restored to its original condition without delay.
The blame for the situation and the cost of restitution can be attributed to those who deceived, those “who made false representations in the permitting process”.
See pages 13 and 14 of Part 632.
Jack Parker
Baltic, MI
Eagle Rock — April 15, 2010
It is indeed a sad anniversary, two years since my first visit to the Rock. Rich, Gabriel, Barb, Teresa, Tiris and I went up before sunrise and had a small ceremony on this date in 2010. No fans, generators, trucks, or drill rigs. No powerlines, streetlights or spotlights. Darkness only, and no sound but the wind, or the Spirit, moving over the Plains.
Catherine