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Seidemann, Ryan
Chip McGimsey
FW: FG LA LLC - The Sunshine Project
Friday, August 10, 2018 8:33:20 AM

Chip,
 
See below.  I am not completely clear regarding what you might be able to discuss with the Corps on this
matter.  However, the attorneys seem to think that a call from you to the Corps archaeologist letting him
know that we are working with the company on the cemetery issues would be helpful.  Do you mind
reaching out?
 
Thanks,
 
Ryan
 
From: McKeithen, Marjorie [mailto:mmckeithen@joneswalker.com]
Sent: Wednesday, August 08, 2018 5:10 PM
To: Seidemann, Ryan
Subject: FG LA LLC - The Sunshine Project

 

Ryan,
 
Thanks for taking the time to talk with me.  As we discussed, I’m just writing to
confirm the following path forward and also to ask for your help in reaching out to
the Corps archaeologist as soon as possible to get their concurrence so that we may
begin addressing the possible cemeteries as soon as possible. 
 
Best regards,
 
Marjorie
 
Background:
 
Although diligence on the property did not reveal the existence of any cemeteries
through publicly available resources, a historic map (recently provided to the State
by a researcher) indicates that there may be two previously unknown cemeteries
on the property, and the State believes that the map appears to be authentic. 
 
Options here: 
 
From our discussions, we understand the following to be the options for the path
forward.

  
1.        Buena Vista Cemetery: 
 
•          The Buena Vista cemetery appears to be located within the Sunshine
Project Buffer Zone where no FG project construction is planned.     
•          If FG agrees to put up a permanent fence around the area and possibly
post some sort of memorialization (like a plaque) identifying it as a historic
cemetery, nothing further would be required by the State. 
 
       
2.        Acadia Cemetery:   We understand that this possible cemetery may have
been located within one of the borrow pits on the property.  (The borrow pit was
present and had already been excavated before FG purchased the property).  Even
though the cemetery area has likely already been excavated, the State would like to
confirm that there are no remains in this area.  Accordingly the State has offered
the following options: 
 
A.   FG could choose to protect the area from any further construction disturbance
with a fence and plaque, as proposed for the Buena Vista Cemetery.  (However, this
would mean that portions of the planned Utilities Plant may have to be relocated,
which makes this a very difficult option for FG at this stage.)
 
or
 
B.   FG could perform some excavation in the borrow pit area to determine if there
are remains in that area.  (We understand that the exploratory excavation requires
a permit but that the State typically grants these quickly -- within a matter of days.)
 
•          If human remains are not found:  No further action is required and FG
can proceed as planned. 
 
•          If human remains are found, the State offered a few options:
 
o          FG could again choose to protect the area from any further
construction disturbance with a fence and plaque, as proposed for the Buena
Vista Cemetery (as described in Option A above). (However, again, we

 understand this would involve relocation of the Utility Plant); or
 
o          Remove the human remains and relocate the remains to
another cemetery.  (We understand that the removal would  require a permit
amendment if not already covered in the original permit,  but that, again, the
State typically grants these quickly, within a matter of days.)
· Once the remains are removed, however, activities
may resume on the site and the permanent
relocation of the remains could proceed separately.
 
 
Marjorie A. McKeithen
Partner
Jones Walker LLP
D: 504.582.8420   F: 504.582.8583
M: 225.247.6836
mmckeithen@joneswalker.com

201 St. Charles Ave, Ste 5100
New Orleans, LA 70170
T: 504.582.8000
www.joneswalker.com

 
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