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From:
Anne Evans <[log in to unmask]>
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Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Fri, 21 Feb 2014 20:06:47 +0000
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FYI - ANOTHER SLAVE CEMETERY TO BE DESTROYED IN VA. We need help. Too bad no agencies or groups REALLY care about saving slave cemeteries. We had no/little help from any local, regional, state or national officials - to work together to save the ruins, slave quarters and family cemetery on the FEARN PLANTATION.   

Too bad - Danville has ignored all the concerns of the FEARN PLANTATION'S descendants and advocates. And they destroyed all the historical ruins and slave quarters before "we" could attend a public hearing or public council meeting to address "our" concerns and to ask questions of the officials publically...before these ruins were destroyed. Very shameful! 

A very dark chapter in DANVILLE'S history. How sad it is, they even want to destroy the slave cemetery too! 300 + years of history disregarded ....while giving foreign companies millions of dollars of incentives and benefits - but totally ignoring all of "our" concerns. So heartbreaking for those folks who love and respect America! Justice has been denied...in Danville too many times.  Why does this continue to happen in Virginia? 
Regards, 
Anne Evans - Descendant and Advocate  [log in to unmask]   




FYI - Copy of VA DHR'S letter regarding saving the Slave Cemetery on the FEARN PLANTATION in Danville, VA. 

Good afternoon, 

  As you know, in 2013 the City of Danville applied for a permit to allow archaeological recovery of human remains within the Fearn Burying Ground. Pursuant to this application the City held a public meeting on January 8, 2014, to allow interested parties an opportunity to express their opinions and discuss their concerns. We appreciate the time and effort you have given to this process. Many of you provided comments to the Department of Historic Resources in response to this meeting, and many more have provided comments throughout the larger regulatory process associated with the GOK Industrial Park project. We have read every letter and email sent to us, and each comment has played a part in our lengthy and careful consideration of the permit application submitted to the Department. 

  Pursuant to Code of Virginia Section 10.1-2305, the Director of the Department of Historic Resources is charged with issuing permits allowing a landowner to utilize the assistance of professional archaeologists in the recovery of buried human remains. The Department does not permit the recovery of human remains itself – this is the purview of the circuit court and of state health agencies, and acquisition of disinterment permits is the responsibility of the landowner. 

  Virginia law grants landowners (whether private, municipal, or governmental) the right to petition the courts for permission to relocate buried human remains to accommodate other land uses. These permits require the oversight of funeral home directors, which is often adequate for more modern interments and cemeteries. Section 10.1-2305 was enacted to provide a different approach to disinterment. These permits are issued in recognition of the fact that respectful recovery of old, historic, and unmarked burials requires a level of care and technical expertise that only archaeologists are trained to provide. 

We wish to make it clear that application for a permit under Section 10.1-2305 is voluntary. The City of Danville is not required to obtain a permit from the Department, or to utilize professional archaeologists to recover any buried human remains. Should the City decide to move forward in the absence of a permit from the Department, it is legally allowed to do so. The public comment requirement is the same for both the Department’s permits and those issued by a local circuit court. 

  We understand and acknowledge that a number of local citizens, historians, and other interested parties are very much opposed to the relocation of the Fearn Burying Ground. It is the Department’s position that disturbance of human burials should be avoided and cemeteries should be left in place whenever possible. However (as previously stated) that decision, and the rights and responsibilities that go with it, lies with the landowner. The City of Danville has clearly and repeatedly indicated that it plans to relocate the Fearn Burying Ground. The U.S. Army Corps of Engineers has determined that the Fearn Burying Ground lies outside of its jurisdictional area, and the Department is not aware of any other state or federal regulatory action associated with the development of this portion of the property. As such, that decision is the City’s to make. 

  In recognition of this fact, it is the Department’s opinion that the only responsible course of action is to issue a permit for the archaeological recovery of any and all human remains contained within the Fearn Burying Ground, pursuant to Section 10.1-2305 of the Code of Virginia. This permit mandates that human remains will be recovered with the utmost care and respect by those professionals best qualified for this process. We understand that this is not the outcome you desired but we hope that, by explaining the limits of the law within which the Department works, we have provided you with some clarity with regard to our decision. A copy of the permit is attached for your further information. 

The Department understands that the City plans to petition the Danville Circuit Court for permission to disinter the remains in the near future. If you wish to share your concerns with the court as it considers this petition, please contact the Hon. Gerald A. Gibson, Clerk, by mail at P.O. Box 3300, Courts and Jail Building, 401 Patton Street, Danville, VA 24343 or by telephone at (434) 799-5168. 

  Sincerely, 

  Joanna Wilson Green 

  J oanna Wilson Green 
Archaeologist, Easements and Archaeology Stewardship 
Virginia Department of Historic Resources 
2801 Kensington Avenue, Richmond VA 23221 
804-482-6098 
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