Forest Service apologizes for tearing up portion of Trail of Tears in the Appalachian Mountains near Coker Creek, no plan yet in place to fix damage

Coker Creek, TN resident and historical preservationist Marvin Harper observes damage to a section of the Trail of Tears
in the Appalachian Mountains. The flag indicates a spot where the U.S. Forest Service used heavy equipment
to make trenches and berms in what agency officials now say was in violation of federal laws. (AP Photo/Erik Schelzig)

COKER CREEK, Tenn. (AP) — The U.S. Forest Service has ripped up a portion of the Trail of Tears in the Appalachian Mountains, reopening wounds for Native Americans who consider sacred the land where thousands of their ancestors died during their forced migration westward.

The man-made trenches and berms were discovered last summer but the details about how it happened and those responsible hadn't been publicly identified. In documents obtained recently by The Associated Press, the Forest Service acknowledged that an employee approved construction along a ¾-mile section of the trail in eastern Tennessee without authorization, an embarrassing blunder for an agency that was supposed to be protecting the trail for future generations.

The $28,500 in contracting work done in 2014 involved using heavy equipment to dig three deep trenches called "tank traps" and a series of 35 berms. It was meant to keep out all-terrain vehicles and prevent erosion, but agency officials now say it was done in violation of federal laws.

Sheila Bird of the Cherokee Nation said she cried when she was asked at a meeting with Forest Service officials to talk about the impact of the damage. "The trail is part of our history, of why we are here in Oklahoma," said Bird, who is the special projects officer for the nation's Tribal Historic Preservation Office.

Harper surveys the damage to the Trail of Tears. (AP Photo/Erik Schelzig) 

The portion of the damaged trail lies near Fort Armistead, one of the stops where Cherokees were held during their forced migration West in the 1830s. This part of the trail follows the first commercial road across the mountains in that region, the Unicoi Turnpike, which in turn followed the course of an ancient Native American trail.

The Forest Service has apologized to the tribes for the damage, both physical and emotional, and is consulting with them over how to repair it. No plan has been finalized, and Forest Service spokeswoman Stephanie Johnson said the agency does not yet know what the restoration work will cost.

When the Forest Service dug up portions of the trail on the edge of the Cherokee National Forest in March and June 2014, it didn't even own the land, although it was planning to purchase it, according to Forest Service documents obtained by The Associated Press. The documents were provided to AP by the environmental group Public Employees for Environmental Responsibility and authenticated by the Forest Service. The documents outline the extensive process the Forest Service employees should have gone through before doing the work but didn't. For instance, the ranger who approved the project told another employee they didn't' have to comply with the National Environmental Policy Act because they did not own the land.

"Despite the lack of compliance with our own policies for the National Environmental Policy Act and federal laws like the ESA (Endangered Species Act), NPHA (National Historic Preservation Act), and the purchase option's requirements, the project was orally approved," the documents state. It's not clear what, if anything, happened to the employees who ignored the law. The local ranger who gave the approval for the construction had been with Forest Service for more than 35 years before she retired in February 2015. The Forest Service said it won't discuss personnel matters.

Public Employees for Environmental Responsibility executive director Jeff Ruch said that's not good enough. "This is one the most blatant official desecrations of a sacred site in modern American history," Ruch said in a statement. "Jaw-dropping incompetence mixed with abject dereliction of duty coated in an impenetrable mantle of bureaucratic self-preservation spawned this debacle." The group is asking the U.S. Agriculture Department for a thorough review by independent investigators and appropriate disciplinary action.

Months after the damage, Forest Service officials who were still unaware of the work extolled the pristine nature and historical significance of the parcel. "Protecting the Trail of Tears and other significant sites in this area has been and will continue to be a priority for us," Cherokee National Forest Supervisor JaSal Morris said in an Oct. 2014 news release announcing its purchase. Many Forest Service officials didn't realize the land had been disturbed until July 2015, when the agency hosted representatives of the Cherokee tribes and the National Parks Service to develop an interpretive plan for the trail and Fort Armistead.

Marvin Harper can barely see over one of the berms built on the Trail of Tears by the Forest Service.
(AP Photo/Erik Schelzig)

Susan Abram, president of the North Carolina chapter of the Trail of Tears Association, was among a group that hiked out to the trail and discovered the damage. "Everybody was just kind of shocked," said the Western Carolina University history professor. "This is a national historic trail ... part of our national heritage."

The trail stretches for thousands of miles through nine states. Aaron Mahr, the National Parks Service superintendent for the trail, said his agency works with private landowners and government agencies to protect the portions of the trail that cross their properties. Mahr said seeing photos of the damage done by the Forest Service left him shaking his head.

Jack Baker, National Trail of Tears Association president and a member of the Cherokee Nation Tribal Council, also learned of the destruction by seeing photos. "I thought it was done deliberately and intentionally to destroy part of the trail. ... Other trail segments are identical and erosion is not really a concern," he said.

Marvin Harper, who lives near the trail and is president of the Coker Creek Heritage Group, took an AP reporter to see the damage Thursday. Clambering over one of the berms and dropping into a trench on the other side, only his head was visible. "This is an embarrassment and a great loss to all of us who take pride in this part of East Tennessee," he said.

Since the destruction, Forest Service officials are halting all work within a half-mile of either side of the trail in four southern states. Bird said she still has questions about how the damage came about, but she appreciates that the Forest Service is trying to make it right. "They came to us with an enormous amount of humility," Bird said.

Get your hands dirty by digging in a 16th Century archaeology site, Fort San Juan, in Appalachian Mountains of Western North Carolina

The Exploring Joara Foundation has announced Spring Dig Dates at the Berry Archaeological Site in Morganton, North Carolina. For just $35 per day, you can dig at a unique 16th Century Archaeology Site. For details and exact dates, you can visit exploringjoara.org.

If you don't want to get your hands dirty, you can come for a free public tour from 10 to 12 p.m. on field work Thursdays. Here is the calendar with dig dates listed.

Archaeological.com photo

Original story published in 2013 from University of Michigan's Michigan News:

The remains of the earliest European fort in the interior of what is now the United States were discovered by a team of archaeologists, providing new insight into the start of the U.S. colonial era and the all-too-human reasons spoiling Spanish dreams of gold and glory.

Archaeologists studying a ceremonial mound in a Native American town called Joara discovered an inland fort built by a Spanish expedition in the New World near present-day Morganton, North Carolina (Photo: University of Michigan archaeology)

Spanish Captain Juan Pardo and his men built Fort San Juan in the foothills of the Appalachian Mountains in 1567, nearly 20 years before Sir Walter Raleigh's "lost colony" at Roanoke and 40 years before the Jamestown settlement established England's presence in the region.

"Fort San Juan and six others that together stretched from coastal South Carolina into eastern Tennessee were occupied for less than 18 months before the Native Americans destroyed them, killing all but one of the Spanish soldiers who manned the garrisons," said University of Michigan archaeologist Robin Beck.

Beck, an assistant professor in the U-M Department of Anthropology and assistant curator at the U-M Museum of Anthropology, is working with archaeologists Christopher Rodning of Tulane University and David Moore of Warren Wilson College to excavate the site near the city of Morganton in western North Carolina, nearly 300 miles from the Atlantic Coast.

The Berry site, named in honor of the stewardship of landowners James and the late Pat Berry, is located along a tributary of the Catawba River and was the location of the Native American town of Joara, part of the mound-building Mississippian culture that flourished in the southeastern U.S. between 800 and about 1500 CE.

In 2004, with support from the National Geographic Society and the National Science Foundation, Beck and his colleagues began excavating several of the houses occupied by Spanish soldiers at Joara, where Pardo built Fort San Juan. Pardo named this small colony of Spanish houses Cuenca, after his own hometown in Spain. Yet the remains of the fort itself eluded discovery until last month.
"We have known for more than a decade where the Spanish soldiers were living," Rodning said. "This summer we were trying to learn more about the Mississippian mound at Berry, one that was built by the people of Joara, and instead we discovered part of the fort. For all of us, it was an incredible moment."

Using a combination of large-scale excavations and geophysical techniques like magnetometry, which provides x-ray-like images of what lies below the surface, the archaeologists have now been able to identify sections of the fort's defensive moat or ditch, a likely corner bastion and a graveled surface that formed an entryway to the garrison.

Excavations in the moat conducted in late June reveal it to have been a large V-shaped feature measuring 5.5 feet deep and 15 feet across. Spanish artifacts recovered this summer include iron nails and tacks, Spanish majolica pottery, and an iron clothing hook of the sort used for fastening doublets and attaching sword scabbards to belts.

Fort San Juan was the first and largest of the garrisons that Pardo founded as part of an ambitious effort to colonize the American South. Pedro Menéndez de Avilés, who had established the Spanish colonies of St. Augustine and Santa Elena in 1565 and 1566, respectively, spearheaded this effort. Of the six garrisons that Pardo built, Fort San Juan is the only one to have been discovered by archaeologists.

During the brief time the Spaniards were at Joara, Beck says, they were actively prospecting for gold but never found it. Yet the gold was there: in the early 1800s, American settlers found so much just lying on the surface near rivers that a 17-pound gold nugget was used as a doorstop and a U.S. mint was established in Charlotte, triggering the first gold rush in U.S. history.

Had the people of Joara given Pardo's soldiers more time to discover this gold, Spain would probably have launched a full-scale colonial invasion of the area, England would have had difficulty establishing its foothold at Jamestown, and the entire southeastern part of what is now the U.S. might instead have become part of Latin America.

Why did the Mississipians wipe the Spaniards out so quickly? Beck and colleagues argue that originally, the Spanish bartered with the natives for food.

"The soldiers believed that when their gifts were accepted, it meant that the native people were their subjects," Beck said. "But to the natives, it was simply an exchange. When the soldiers ran out of gifts, they expected the natives to keep on feeding them. By that time, they had also committed what Spanish documents refer to as "indiscretions" with native women, which may have been another reason that native men decided they had to go. So food and sex were probably two of the main reasons for destroying Spanish settlements and forts."

Moore said the significance of Fort San Juan extends far beyond the Carolina Piedmont.
"The events at Fort San Juan represent a microcosm of the colonial experience across the continent," he said. "Spain's failure created an opening that England exploited at Jamestown in 1607, when America's familiar frontier narrative begins. For Native Americans, though, this was the beginning of a long-term and often tragic reshaping of their precolonial world."

From the University of Michigan's Michigan News

• Contact Diane Swanbrow