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HomeMy WebLinkAbout08-22-22 Letter from MN Indian Affairs Council DocuSign Envelope ID 53CA2670-1 A7A-49EB-ABCA-467F7D 1 A0E90 RECEIVED MINNeSOTA INDIAN AFFAIRS COUNCIL AUG 29 2022 16,1 Sai tAt Ainthoo,u Ave v t-ce Ste._91j St.Paul„MN 55103 August 22, 2022 CITY OF ORONO Michael O. Freeman Hennepin County Attorney C-2000 Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Dear Mr. Freeman, The Minnesota Indian Affairs Council (MIAC) is a state agency that is tasked with protecting and preserving American Indian burials located on both public and private property in Minnesota pursuant to Minn. Stat. § 307.08. On June 29th, 2022, Metropolitan Council personnel gave a tour to MIAC Cultural Resource Specialist Dylan Goetsch, Minnesota State Archaeologist Amanda Gronhovd, and several Tribal Historic Preservation Officers of particular sites near Lake Minnetonka where the Met Council will be carrying out utility work near known American Indian burials and burial grounds. Upon visiting a location in Orono where the Met Council will be doing future work in the road and right- of-way, the State Archaeologist and MIAC staff saw that at least two trees had recently been planted into a burial mound located on an adjacent private property at 1487/1489 Shoreline Drive. This was done without permission from MIAC or the State Archaeologist and is a serious crime under state law. Upon seeing these trees adjacent to where the group were meeting,the State Archaeologist entered the property pursuant to her authority under Minn. Stat. § 307.08, subd. 12, to determine whether these trees were planted into the burial mound. The property owner,who MIAC understands to be Ms. Sanders, came out and confronted the state officials. She asserted that her property did not contain a burial mound and that she had followed the proper procedures to gain legal authority to plant the trees. State burial files make it clear that Ms. Sanders is incorrect: mound number 7 from the Halpin - Starvation Point mound group is located on her property.Contrary to the claims Ms. Sanders made to the state officials observing the site on June 29th,there is no record in the burial files that anyone has secured permission from the State Archaeologist or MIAC under section 307.08, subdivision DocuSign Envelope ID:53CA2670-1A7A-49EB-ABCA-467F7D1A0E90 10, to plant trees on the burial mound. The recent tree planting constitutes a felony under Minn. Stat. § 307.08, subd 2(a)(1)(2),because it is a mutilation of the burial mound as well as a physical disturbance of the burial grounds themselves. On June 30th and then on several occasions in July, MIAC and the State Archaeologist asked the Orono Police Department(OPD)to file a police report on the matter so that the Hennepin County Attorney's Office can review it for possible prosecution. On Thursday, July 28th, an OPD officer responded via email that police chief Correy Farniok"does not want the Orono PD involved in an investigation/submitting a case to the attorney's office with no involvement in the investigation of the suspected offense." The OPD deferred the state officials' inquiry to the Hennepin County Sheriff and Hennepin County Attorney—but in response to MIAC requests earlier in July,both of those offices had directed state officials to the OPD. I'm writing to you as the Executive Chair of the MIAC Board and request that the Hennepin County Attorney's Office investigate this matter and determine whether criminal prosecution of the property owners for their disturbance to the burial mound would be appropriate.Enclosed with this letter is a copy of Minn. Stat. § 307.08, MIAC Cultural Resource Specialist Dylan Goetsch's incident report for MIAC, archaeological findings demonstrating that a burial mound is present on the Shoreline Drive property, and hard copies of email exchanges between MIAC and the OPD. If there is any other information MIAC can supply, please contact MIAC Executive Director Shannon Geshick Shannon.geshick(a,state.mn.us and Dylan Goetsch Dylan.geotsch@state.mn.us. Sincerely, —0ocu8ipned by: —715001193810433... Robert Larsen President,Lower Sioux Indian Community Chair, Minnesota Indian Affairs Council CC Shannon Geshick, MIAC Amanda Gronhovd, State Archaeologist Orono City Council Orono City Attorney Soren M. Mattick, Campbell Knutson P.A. Orono Police Department 1 MINNESOTA STATUTES 2019 307.08 307.08 DAMAGES;ILLEGAL MOLESTATION OF HUMAN REMAINS;BURIALS;CEMETERIES; PENALTY; AUTHENTICATION. Subdivision 1. Legislative intent; scope.It is a declaration and statement of legislative intent that all human burials,human remains,and human burial grounds shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins,cultural backgrounds,or religious affiliations.The provisions of this section shall apply to all human burials,human remains, or human burial grounds found on or in all public or private lands or waters in Minnesota. Subd. 2. Felony; gross misdemeanor.(a) A person who intentionally, willfully, and knowingly does any of the following is guilty of a felony: (1)destroys,mutilates,or injures human burials or human burial grounds;or (2)without the consent of the appropriate authority, disturbs human burial grounds or removes human remains. (b) A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully,and knowingly does any of the following is guilty of a gross misdemeanor: (1) removes any tombstone, monument, or structure placed in any public or private cemetery or authenticated human burial ground;or (2)removes any fence,railing, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or private cemetery or authenticated human burial ground;or (3)discharges any firearms upon or over the grounds of any public or private cemetery or authenticated burial ground. Subd. 3.Protective posting.Upon the agreement of the appropriate authority and the landowner, an authenticated or recorded human burial ground may be posted for protective purposes every 75 feet around its perimeter with signs listing the activities prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian affairs council in the case of Indian burials or at the discretion of the state archaeologist in the case of non-Indian burials.This subdivision does not require posting of a burial ground. The size, description, location, and information on the signs used for protective posting must be approved by the appropriate authority and the landowner. Subd. 3a.Authentication.The state archaeologist shall authenticate all burial grounds for purposes of this section. The state archaeologist may retain the services of a qualified professional archaeologist, a qualified physical anthropologist,or other appropriate experts for the purpose of gathering information that the state archaeologist can use to authenticate or identify burial grounds. If probable Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian Affairs Council must approve the professional archaeologist, qualified anthropologist, or other appropriate expert. Authentication is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority. Subd.4. [Repealed by amendment,2007 c 115 s 1] Subd. 5. Cost;use of data.The cost of authentication,recording,surveying,and marking burial grounds and the cost of identification,analysis,rescue,and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters.On private lands or Copyright CO 2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. r 307.08 MINNESOTA STATUTES 2019 2 waters these costs shall be borne by the state, but may be borne by the landowner upon mutual agreement with the state.The state archaeologist must make the data collected for this activity available using standards adopted by the Office of MN.IT Services and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.Costs associated with this data delivery must be borne by the state. Subd. 6. [Repealed by amendment,2007 c 115 s 1] Subd. 7. Remains found outside of recorded cemeteries.All unidentified human remains or burials found outside of recorded cemeteries or unplatted graves or burials found within recorded cemeteries and in contexts which indicate antiquity greater than 50 years shall be dealt with according to the provisions of this section. If such burials are not Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologist and other appropriate authority. If such burials are Indian, as determined by the state archaeologist, efforts shall be made by the state archaeologist and the Indian Affairs Council to ascertain their tribal identity. If their probable tribal identity can be determined and the remains have been removed from their original context,such remains shall be turned over to contemporary tribal leaders for disposition. If tribal identity cannot be determined,the Indian remains must be dealt with in accordance with provisions established by the state archaeologist and the Indian Affairs Council if they are from public land.If removed Indian remains are from private land they shall be dealt with in accordance with provisions established by the Indian Affairs Council.If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by a qualified professional archaeologist or a qualified physical anthropologist before being delivered to tribal leaders or before being reburied. Application by a landowner for permission to develop or disturb nonburial areas within authenticated or recorded burial grounds shall be made to the state archaeologist and other appropriate authority in the case of non-Indian burials and to the Indian Affairs Council and other appropriate authority in the case of Indian burials. Landowners with authenticated or suspected human burial grounds on their property are obligated to inform prospective buyers of the burial ground. Subd. 8. Burial ground relocation.No non-Indian burial ground may be relocated without the consent of the appropriate authority. No Indian burial ground may be relocated unless the request to relocate is approved by the Indian Affairs Council. When a burial ground is located on public lands or waters, any burial relocations must be duly licensed under section 138.36 and the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters. If burial grounds are authenticated on private lands,efforts may be made by the state to purchase and protect them instead of removing them to another location. Subd. 9. Interagency cooperation.The Department of Natural Resources, the Department of Transportation,and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section. Subd. 10.Construction and development plan review. When human burials are known or suspected to exist,on public lands or waters,the state or political subdivision controlling the lands or waters or,in the case of private lands,the landowner or developer, shall submit construction and development plans to the state archaeologist for review prior to the time bids are advertised and prior to any disturbance within the burial area. If the known or suspected burials are thought to be Indian, plans shall also be submitted to the Indian Affairs Council.The state archaeologist and the Indian Affairs Council shall review the plans within 30 days of receipt and make recommendations for the preservation in place or removal of the human burials or remains,which may be endangered by construction or development activities. Copyright©2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. • 3 MINNESOTA STATUTES 2019 307.08 Subd. 11. Burial sites data.Burial sites locational and related data maintained by the Office of the State Archaeologist and accessible through the office's "Unplatted Burial Sites and Earthworks in Minnesota" website are security information for purposes of section 13.37.Persons who gain access to the data maintained on the site are subject to liability under section 13.08 and the penalty established by section 13.09 if they improperly use or further disseminate the data. Subd. 12. Right of entry.The state archaeologist may enter on property for the purpose of authenticating burial sites. Only after obtaining permission from the property owner or lessee, descendants of persons buried in burial grounds covered by this section may enter the burial grounds for the purpose of conducting religious or commemorative ceremonies.This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property. Subd. 13. Definitions.As used in this section,the following terms have the meanings given. (a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years. (b) "Appropriate authority" means: (1)the trustees when the trustees have been legally defined to administer burial grounds; (2)the Indian Affairs Council in the case of Indian burial grounds lacking trustees; (3)the county board in the case of abandoned cemeteries under section 306.243; and (4) the state archaeologist in the case of non-Indian burial grounds lacking trustees or not officially defined as abandoned. (c)"Artifacts"means natural or artificial articles,objects,implements,or other items of archaeological interest. (d)"Authenticate"means to establish the presence of or high potential of human burials or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds or graves, and attempt to determine the ethnic,cultural,or religious affiliation of individuals interred. (e)"Burial"means the organic remnants of the human body that were intentionally interred as part of a mortuary process. (f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence,historical records, or reliable informant accounts. (g)"Cemetery"means a discrete location that is known to contain or intended to be used for the interment of human remains. (h) "Disturb" means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground. (i) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds that were placed as part of a mortuary ritual at the time of interment. (j) "Human remains" means the calcified portion of the human body, not including isolated teeth, or cremated remains deposited in a container or discrete feature. Copyright©2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 307.08 MINNESOTA STATUTES 2019 4 (k) "Identification"means to analyze organic materials to attempt to determine if they represent human remains and to attempt to establish the ethnic, cultural,or religious affiliations of such remains. (1) "Marked" means a burial that has a recognizable tombstone or obvious grave marker in place or a legible sign identifying an area as a burial ground or cemetery. (m)"Qualified physical anthropologist"means a specialist in identifying human remains who holds an advanced degree in anthropology or a closely related field. (n)"Qualified professional archaeologist"means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations,title 36,part 61,appendix A,or subsequent revisions. (o)"Recorded cemetery"means a cemetery that has a surveyed plat filed in a county recorder's office. (p) "State" or"the state" means the state of Minnesota or an agency or official of the state acting in an official capacity. (q)"Trustees"means the recognized representatives of the original incorporators,board of directors,or cemetery association. History: (7632) RL s 2964; 1976 c 48 s 1; 1980 c 457 s 1; 1983 c 282 s 1-4; 1986 c 463 s 1; 1989 c 335 art 1 s 199; 1993 c 326 art 4 s 9; 1999 c 86 art 1 s 64-67; 1Sp2003 c 8 art 2 s 17;2007 c 115 s 1;2010 c392 art 1s14; 2013c134s30;2013c142art3s36 Copyright©2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. AUG-20-9T WED 09:46 fft.1 W00DWARD CLYDE FAX NO. 6125930094 P. 01 Woodward-Clyde viri ��• cxn Engineering 1 sCClencos apalied Io the a.rth b Its environment 1 si • December 17, 1996 • • 11 • Mr. Bruce Polaczyk Hennepin County Department of Pubic Works 320 Washington Avenue South Hopkins,Minnesota 55343 Subject: Archaeological Assessment of Proposed CSAH 15 Modifications Near Bracketts Point, Hennepin County Project No. 6E13030 Dear Mr. Polaczyk: As part of the planning process for the modification of CSAH 15 near Brackett's Point Road, Hennepin County requested a cultural resource assessment of the project area,with particular attention paid to reports of Native American Indian burial mounds within and near to the project area. Woodward-Clyde was contracted to perform a literature search to verify these reports and to ascertain if the project as planned would have any effect on extant mounds or mound remnants. After the literature review,a brief site visit was made to relocate extant mounds.Many of the mounds in the originally reported group(Site 21HE03)were found still intact. The following report details the results of the investigations,and includes a map of the mound group as originally noted and the approximate location of the proposed CSAH 15 alignment in relation to the burials. The review was undertaken to comply with the Minnesota Private Cemeteries Act, Minnesota Statute 307.08,and the Minnesota Field Archaeology Act(Minn. Stat. 138). Work was conducted under State Archaeological Multiple Project License 96-007a. Funding for the project was provided by Hennepin County. After holding public meetings and careful review of the findings,Hennepin County and the City of Orono planners decided not to widen the roadway as shown in the plans herein presented, but to instead,do a simple overlay as an upgrade. INTRODUCTION Hennepin County has developed plans to modify County State Aid Highway 15 by widening the roadway and adding turn lanes in the vicinity of Brackett's Point Road. The project is located in Section 11,TI 17N,R23W along a segment of the road that runs along the north shore of Lake Minnetonka between Smith's Bay and Brown's Bay(Figure 1). Local landowners contacted the Hennepin County Public Works Department when plans for the road modification came to their attention. Concern was expressed that reported Native Woodward•Clyde Consultants •A subsidiary of Woodward-Clyde Group,lnc. r� Park Place West Build ng,Suite 660•6465 Wayzata Skid.•Minnoapolis,MN 55420 `J(9 612-593-5650•Fax 612-593.0094 J 10E 11030`f INAl 7 nOC\t l-0K.BGVAIN AUG-20-97 WED 09:47 AM WOODWARD CLYDE FAX NO. 6125930094 P. 02 Woodward-Clyde Mr. Bruce Polaczyk Hennepin County Department of Pubic Works December I7. 1996 Page 2 American burials might be affected by the construction. Hennepin County contracted with Woodward-Clyde Consultants to investigate the reports of burials and their relationship to the current CSAH 15 alignment and the proposed construction. Mr.Michael A.Justin acted as Principal Investigator for the duration of the investigations. TASK 1 RESULTS-LITERATURE SEARCH The files at the State Archaeologist's Office at the Minnesota Historical Society were inspected for information on the area. The files consisted of a site form and photocopies of notes taken by T.H. Lewis on May 8, 1883. Lewis created a map of the area showing 20 mounds of various sizes and shapes covering an area of over 1,000 feet along the neck of a peninsula referred to as Starvation Point,later known as Orono Point,and presently,as Brackett's Point. This group has been officially designated as 21HE03. The largest of these was 60 feet in diameter and 5.5 feet in height,and the smallest being 18 feet in diameter and 1.0 feet in height Also in the file were pages from Winchell's The Aborigines of Minnesota (1911),that includes a reproduction of Lewis'map along with descriptive text from Lewis's notes and additional information concerning artifacts and human skeletal remains removed from some of the mounds. Winchell references excavations of several mounds by Robert O. Sweeny,a St. Paul druggist, in 1867. The files also contained references to excavations undertaken at the mound group by the University of Minnesota in 1947.University sources and subsequent publications refer to the mounds as the Halpin Mound Group.Two mounds(Mounds 10& 11) were selected for excavation. The results of the excavations are presented in a publication of the Minnesota Historical Society, Rurial Mounds of Central Minnesota: Excavation Reports(Wilford,et al. 1969). The University found the size and position of these mounds to be very close to that described by Lewis. W-C staff determined that depending on the amount of development that has taken place since the University's excavations, any remaining mounds should be easily relocated using Lewis' map. The original site file at the University of Minnesota was inspected and found to contain an undated map of the Lake Minnetonka area that showed CSAH 15 in place,presumably at the time of the investigation in 1947. Also included were a few photographs of two mounds (Mound 1 &Mound 11),one of which was excavated. Unfortunately,there was little information in the photographs to indicate their present location in relation to other features (See copies of photos attached). Because Lewis' map did not photocopy clearly,his notes were retyped(attached)and the map was redrawn to a scale of 1 inch equal to 100 feet(Figure 2). Using information from Woodward-Clyde Consultants Y E 1]030T;NAL2 DOCtl I CLc.9G AS N AUG-20-97 WED 09:48 All W00DWARD CLYDE FAX N0, 6125930094 P. 03 Woodward-Clyde Mr. Bruce Polaczyk Hennepin County Department of Pubic Works December 17, 1996 Page 3 USGS topographical maps,the University photos, and the proposed roadway design, an estimate of where the current road passes through the mound group was sketched out. This sketch indicated that the current CSAH 15 bisected the mound group and that mounds or mound remnants were likely to be found within or adjacent to the current highway right-of- way. TASK 2 RESULTS-RECONNAISSANCE SURVEY On June 28, 1996 W-C staff visited the proposed project area to ascertain the proximity of recorded mounds to the current and proposed CSAH 15 alignments. From the road right-of- way,several mounds were evident within the wooded areas adjacent to the road and in adjoining residential property. Using a copy of Lewis' map and a hand-held compass,the individual mounds remaining in the group were relocated. It appears that the mounds Lewis mapped as Mounds 1,2,and 3 were all destroyed by the construction of a residence at 1489. Shoreline Drive.The driveway for this residence most likely totally destroyed Mounds 5 and 6. Mound 4 is still intact and appears to be very similar in size and shape as described by Lewis in 1883. This mound is in a groomed yard to the south of 1489 Shoreline Drive. Mound 7 may have been affected by the construction of CSAH 15,although most of the • mound still visible.Mound 8 is an oblong mound and appears to be intact,though the CSAH right-of-way abuts its base.Mound 9 may have been damaged through previous construction of private driveways, and is approximately 50 feet from the CSAH right-of-way. Mound 10 is located to the west of CSAH 15,and like mound 8,has its base on or within the right-of- way. A stake delimiting construction limits is placed on top of the mound.Mound 11 is visible well outside the construction limits. The base of Mound 12 appears to be within the right-of-way,and will be affected by construction as presently planned. Mound.13 is intact but is outside the construction limits by over 50 feet. Mounds 14 and 15 were not visible, and most likely have been badly altered by the construction of two to three residences. Mounds 16, 17,and 18 are intact, but faint. These are about 100 feet north of the construction limits as planned. Mounds 19 and 20 are intact and are located about 150 feet from the CSAH centerline and will not be affected by the proposed construction. The property owner at 1489 Shoreline Drive, Mr. Eric Beringause, was interviewed as well. He expressed an interest in receiving a copy of the report of findings. On 15 August 1996,a crew from Hennepin County surveyed mounds 4,7, 8, 10 and 12 for mapping on the design plans. An approximate center point of each mound was selected as a reference point. The reference points were selected by Michael Justin,and confirmed during a site visit by Mr. Jim Jones of the Minnesota Indian Affairs Council. Woodward-Clyde Consultants J\t:£t 3)30'FINAL2 DO01 7-Doc•SCAMIN FAX NO. 6125930094 P.AUC-20-97 WED 09:49 AM WOODWARD CLYDE Woodward-Clyde Mr. Bruce Polaczyk Hennepin County Department of Pubic Works December 17, 1996 Page 4 RECOMMENDATIONS Preliminary construction plans for modifying CSAH 15 would have had an effect on four mounds within the group first identified by T.H. Lewis in 1883. These mounds,numbers 7, 8. 10,and 12,all are either within the current right-of-way or within the proposed construction limits. Woodward-Clydc recommended that Hennepin County modify the plans to avoid effects to the mounds,and to discuss all plans with the Minnesota State Historic Preservation Office and the Office of the State Archaeologist to ensure compliance with Minnesota Statute 307.08 concerning private cemeteries. Woodward-Clyde also recommended additional subsurface testing between stations 280+00 and 286+00 along both sides of the road,within the construction limits. This area,including portions of the ditch, appears to consist of relatively undisturbed ground and to have a high potential for containing buried archaeological habitation material. On September 20, 1996,Hennepin County redesigned the proposed roadway improvements to avoid effects to the burial mounds. Retaining walls were proposed near mounds 4,7,8, and 10 (Figure 3). The retaining walls would have the effect of protecting the mounds from future erosion. On November 25, 1996,a public hearing was held to discuss the proposed roadway redesign. City of Orono officials and local landowners were opposed to the new / design. It was decided that the roadway would be left as it currently exists. Any t/ improvements would involve only overlays with construction not go beyond current ditch cuts. Woodward-Clyde recommends that Hennepin County supply a copy of any future roadway improvements, including pavement overlays, of CSAH 15 near the vicinity of Brackett's Point to the State Historic Preservation Office fur comment,to ensure compliance with Minnesota Statutes 307.8 and 138.31-42. Sincerely, Michael Justin Project Manager MAJ:sll Attachments Woodward•CIyd,Consultants J$613030t:INAL2 DOC117•Dec961MIN AUG-20-97 WED 09:50 AM W00DWARD CLYDE FAX NO. 6125930094 P, 05 References Wilford, Lloyd A.,Elden Johnson, and Joan Vicinus 1969 Burial Mounds of Central Minnesota: Excavation Reports. Minnesota Historical Society, St.Paul. Winchell,Newton H.,ed. 1911 The Aborigines of Minnesota. Minnesota Historical Society, St.Paul. Unpublished Materials Lcwis,T.H. 1883 Original survey notes. Minnesota Historical Society,St. Paul. University of Minnesota Site File. Original 1947 excavation notes and photos. Author's interviews Mr. Eric Beringause, 1489 Shoreline Drive, Wayzata,Minnesota. June 28,1996. Goetsch, Dylan (MIAC) From: Tony White <TWhite@ci.orono.mn.us> Sent: Thursday,July 28, 2022 10:41 AM To: Gronhovd, Amanda (ADM) Cc: Goetsch, Dylan (MIAC) Subject: Re: 1487 Shoreline Dr _ This message may be from an external email source. Do not select links or open attachments unless verified.Report all suspicious emails to Minnesota IT Services Security Operations Center. I apologize for the delay in response. I have been off for an extended time. I spoke with Chief Farniok about this suspected violation and the Orono PD involvement in sending the case to the Hennepin County Attorney's Office. He advised that he does not want the Orono PD involved in an investigation/submitting a case to the attorney's office with no involvement in the investigation of the suspected offense. Chief Farniok advised for the case to be forwarded to the Hennepin County Sheriff's Office, MN BCA, MN AG Office, and/or other state or residing agency that would forward to the attorney's office for charging review. I did create an informational report based on the contact with Dylan. That case can be requested if needed. If follow up is needed please let me know. Tony White Orono Police Department 2730 Kelley Parkway Orono, MN 55356 952-249-4700-Office From:Gronhovd,Amanda (ADM)<amanda.gronhovd@state.mn.us> Sent:Thursday,July 14, 2022 5:16:28 PM To:Tony White Cc: Goetsch, Dylan (MIAC) Subject: 1487 Shoreline Dr Mr.White— I'm following up on Dylan Goetsch's (Minnesota Indian Affairs Council) inquiry about a possible burial mound disturbance at 1487 Shoreline Dr,Orono, MN 55391. Disturbing burial sites is a felony under Minnesota Statute 307.08.To proceed with our investigation of this possible violation,we need a police report. Could you create a police report that we can pass along to the County Attorney? I have attached some pictures of the site and possible disturbance, in case they might be helpful. Our concerns relate to the recent planting of two trees(see attached pdf: red = mound area;white= newly planted trees). I am also following up with the residents at 1487 Shoreline Drive via certified mail, requesting documentation they claim to possess,which states that they have no burial mounds on their property. Unfortunately, my previous encounter with one of the property owners was quite tense,so I might require your assistance in this endeavor if I have to re-visit the site. However, my hope is that the landowners willingly provide the requested information. 1 I appreciate your time and attention to this issue. If you have any questions or concerns, please email or call me at 612- 670-6431. Amanda Amanda Gronhovd (she, her, hers) State Archaeologist 328 Kellogg Blvd W Saint Paul, MN 55102 (651) 201-2263 Amanda.Gronhovd@istate.mn.us http://mn.gov/admin/archaeologist DEPARTMENT OF ADMINISTRATION STATE ARCHAEOLOGIST From: Goetsch, Dylan (MIAC)<Dylan.Goetsch@state.mn.us> Sent:Thursday,July 14, 2022 8:51 AM To:twhite@ci.orono.mn.us; Gronhovd,Amanda (ADM)<amanda.gronhovd@state.mn.us> Subject: RE: 1487 Shoreline Dr Hi Amanda, can you contact the Orono police about the incident involving the Mound 7 and when a police report will be made and sent to the Hennepin County Attorney, I haven't received any responses to my messages I've been leaving. Their number is 952-249-4700. Mr. White is who I communicated with and his email address is here. Amanda, if we can't get a response soon I think we should set up a meeting with Nathan to see if the Attorney General Office can get a response from the Police on this matter. The address should be 1487 Shoreline Dr, Orono MN 55391. Dylan Goetsch Cultural Resource Specialist Minnesota Indian Affairs Council 161 St. Anthony Avenue, Ste. 919 Saint Paul, MN 55103 C: 651-724-3325 E: Dylan.Goetsch@state.mn.us rnn.gov/indianaffairs M1NN SOTA INDIAN AFFAIRS COUNCIL I 2 From: Goetsch, Dylan (MIAC) Sent: Friday,July 8, 2022 10:54 AM To:twhite@ci.orono.mn.us Cc: Gronhovd,Amanda (ADM) <amanda.gronhovd@state.mn.us> Subject: RE: 1487 Shoreline Dr Good morning,just wanted to see if there was any update into getting a police report made for the Hennepin County Attorney Office? Let Amanda and I know how we can help,thanks! Dylan Goetsch Cultural Resource Specialist Minnesota Indian Affairs Council 161 St. Anthony Avenue, Ste. 919 Saint Paul, MN 55103 C: 651-724-3325 E: Dylan.Goetsch@state.mn.us mn.gov/indianaffairs INN TA INDIAN AFFAIRS COUNCIL From: Goetsch, Dylan (MIAC) Sent: Friday,July 1, 2022 12:06 PM To:twhite@ci.orono.mn.us Cc: Gronhovd,Amanda (ADM)<amanda.gronhovd@state.mn.us> Subject: 1487 Shoreline Dr I CC'd Amanda Gronhovd the State Archaeologist, Amanda,this is in regards to the incident with the tree planting into Mound 7 in Orono to share our contact info.The County Attorney office told me this morning they would want someone from law Enforcement to send them a police report. Dylan Goetsch Cultural Resource Specialist Minnesota Indian Affairs Council 161 St. Anthony Avenue, Ste. 919 Saint Paul, MN 55103 C: 651-724-3325 E: Dylan.Goetsch@state.mn.us mn.gov/indianaffairs MI s Ne tTA INDIAN AFFAIRS COUNCIL 3 4 m1 MINN@SOTA INDIAN AFFAIRS COUNCIL 06/29/2022 Dylan Goetsch Halpin-Starvation Point Mounds 21HE0003 1:00 pm -3:00 pm Visited this site with Met Council, Bolton and Menk,Amanda Gronhovd (OSA), Leonard Wabasha (SMSC),Terry Kemper(MLO), Samantha Odegard (USC), and Cheyanne St.John (LSIC). Near Mound 9, Met Council will need to excavate and dig an area for upcoming utility work. Work will be monitored by tribal monitors and archaeologist.Work is being done adjacent to the Mound and is confined to the road.Across the street is where Mound 7 is located on private property. Obvious mound was identified from the road with two trees recently were planted into the mound.The State Archaeologist visited it upon me requesting her to verify it. Male homeowner came out and was nice and asked everyone who we were. Minutes later a female homeowner came out and began yelling at everyone about walking on her recently seeded grass in the R/W. Met Council informed her that we have access to the R/W where the seed was. She didn't believe it was R/W.The State Archaeologist attempted to introduce herself and explain our concerns about the trees, homeowner claimed that she went through the proper channels to plant the trees and she has paperwork stating that it isn't a burial mound. She would not calm down, began threatening to call the police, and began filming us via cellphone.We waited around by our cars for about 15 minutes but police never arrived. Unknown if the female homeowner did or did not call the police. She continued to film us and yell while we waited. Due to her inability to calm down and talk to the State Archaeologist,we felt it was best to leave for everyone's safety. 6/30/2022 8:00-10:00 am. Looked through the state burial files. Nothing to indicate homeowners ever worked with OSA or MIAC. Only the homeowners across the street(Mound 9)ever did. In 1996/1997, an archaeological survey was conducted ahead of the proposed road widening,the survey identified the mound feature as being burial mound 7 of the Halpin Mound group and noted it had been mutilated/disturbed from the initial previous construction of the road. I recommended that due to the property owner's unwillingness to discuss the issue with out offices, it goes straight to law enforcement.