2002-08-21_PERMIT FILE - M2002004 (2)

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Arapaho & Southern Cheyenne Tribes of Oklahoma: P.O. Box 38,Concho OK 73022 In 1861, the Colorado Territorial -Government (February 18,1861 Stat.1163,ratified August 6 1861) established the Arapaho- Southern Cheyenne Reservation. This reserve lasted until 1864 when the' Sand Creek massacre took place and all the men ,women and children, who could not escape ,were slaughtered. Those who did escape the massacre were afraid to return to the reservation and it was abandoned by 1868, although there was never a formal abrogation of the treaty. In 1868, Pueblo County included portions of the Arapaho & Cheyenne reserve, including the St. Charles River basin and eastern portions of the Arkansas River basin: Refer to Map Section Pages 20,25,29 Southern Ute Indian Tribe P.O. Box 737 Ignacio, CO 81137 The St. Charles River basin was included in the homeland territory of the Mouache Band of the Southern Utes during time periods of 1700 and 1800 and the area was recognized as such by the U.S. Treaty with the Utah Tribe on December 30,1849. This treaty was ratified Sept. ,1850. Both oral and written history of the Ute tribe indicate the affected area was Ute homeland and hunting territory. Refer to Map Section: Pages # 19,29 Pawnee Nation of Oklahoma :P.O. Box 470 ,Pawnee. OK 74058 There is historical evidence linking the Pawnee Peoples with the Affected Area and a number of Pawnee burials have been found in Pueblo County. The Arkansas , St. Charles and Huerfano river basins near the City of Pueblo were wintering grounds for these tribes and each year ,following the fall Buffalo hunt, the tribes would gather there to trade with each other and with the Spanish, French and American traders. The Pawnees also hunted the area as well as using the War Road for raids into New Mexico.:Map:Page 29 COMMENT AND SUMMARY: There is sufficient archaeological and historical evidence to indicate Indian occupation and prehistoric cultures in the area i.e. 13000 B.C. to A.D. 1900. Modem tribes that occupied the Affected Area included the Apache, Ute ,Arapaho , Southern Cheyenne Comanche, Kiowa, and Pawnee. During the fall trade fair, as many as five other tribes had some lesser degree of occupation. In 1821, Major Jacob Fowler estimated between ten and eighteen thousand Indians from various tribes occupied the three river basin areas near Pueblo during the fall and winter period of 1821. Probable prehistoric cultures in the affected area include Clovis, Folsom, Archaic and Woodland . There are also nineteenth century structures and sites pre - dating 1920.There are reports of Native American burial grounds, as well as a potential designation of St. Charles river areas as both a National Park Service Historic Battlefield site and a National Park Service Historic trail. It would appear that the Board would not be following its own Acts ,Rule and Regulations for Mined Land Reclamation if it issues a reclamation permit without requiring the follow requested actions. OBJECTOR'S REQUESTED ACTIONs 1. Requiring that an adequate and extensive archaeological site review and historical survey be done on the Affected land area under the auspices and sucervisi „n of the Colorado Historical Society and in conjunction with any Native American Tribe who wishes participate because of their historical , cultural and religious interests. 2. Contacting those tribes that have or may attach religious and cultural significance to the historic properties located on the Affected land areas. Mailing addresses for seven of the identified Tribes are listed above. Five additional tribes may also have some historical involvement and can be contacted via Colorado Tribal Lists; Phone 303 - 866 -4531. 3. Request a legal review and opinion from the State Attorney General regards the apparent violation of State Statutes regarding CRS 34 -32.5 -115 . (i.e., destruction of the surface area of state recreation area) 4