N.A.S.L.,
(North American Spirit Lodge)
I am Chief Edward Livingston of the Southern Band Tuscarora Indian Tribe in N.C.

Oneh Edward Livingston

HAUDENOSAUNEE

TUSCARORA NATION
DOUGLAS ANDERSON, ROAD COMMISSIONER
FAX 716-297-3378

December 2, 1997

1/5
United States
Tribal Justice Department
Mr. Thomas LaClaire
Washington, D.C.
Tel 202-514-8812
Fax 202-514-9078

REF: CREDIBILITY OF REPORT, "FALSIFYING A RECORD"

Major discrepancy in the United States Environmental Protection Agency and the Haudenosaunee Environmental Task Force, final summary report "Environmental Justice Roundtable Summary Report". The Environmental Roundtable re: Tuscarora School Water supply, and Chew Road.

Reports by: U.S. Environmental Protection Agency
Environmental Impacts Branch, Ms. Christine Yost
Letter Fax: November 24, 1997

Dear Mr. Thomas LaClaire:

The United States Environmental Protection Agency, Region II, New York, NY, and the Haudenosaunee Environmental Task Force, working together finished their final Enviornmental Summary Report. Pertaining to Chew Road with non- hazardous materials and the Tuscarora Elementary Indian School well water and monitoring wells, are not contaminated by the gasoline plume.

Report Pertains To, Chew Road:

1) "The road does not pose an environmental hazard" according to U S EPA Summary Report.

Please read Analytical Report, EPA Work Assignment Number: 1072, February 26, 1988, which reveals "There is evidence of migration of particulate Chromium by erosion into the drainage ditch (DS-1), which indicates OFF-SITE TRANSPORT of this TOXIC METAL."

2) The fill that was removed from Chew Road was not hazardous or radioactive according to the US EPA Environmental Summary Report.

Please read John Johnson, TAT II PM, January 31, 1990, to James Daloia, Response and Prevention Branch, U S EPA. "In reviewing NYSDOTs report, U S EPA found that Chromium was the only heavy metal that exceeded acceptable levels." Hexavalent Chromium CR+6, Radioactive Material and other Hazardous Toxic Waste, still remains in the other half of Chew Road. The material for Chew Road base came from the Manhattan Project / Atomic Bomb.

3) According to U.S. EPA Summary Report, Chew Road was disposed of in compliance with applicable State regulations (see AWMD).

New York State Department of Transportation allowed the hazardous material to be transported in open (uncovered) trucks to a municipality land fill, and not a secure land fill, one that handles hazardous toxic waste and radioactive material.

Please answer the following questions:

1) Show paper work on where Chew Road material was disposed of, name of company, name of street / road, name of town where toxic material was taken?
2) When will the other half of Chew Road be removed and the residents given clean safe drinking water for the health and safety of the public at large?
3) Chew Road, U S EPA has two reports, one saying it is hazardous, the other one saying it is not. Is Hexavalent Chromium CR+6 on US EPA list of Hazardous Chemicals?
4) Who falsified the reports about Chew Road not being hazardous and not spreading into adjacent properties?

Report Pertaining to Tuscarora Elementary Indian School

U.S. EPA, REPORT SHOWS

1(1). The U.S. EPA and the Haudenosaunee Environmental Task Force, Environmental Roundtable Summary Report indicates that the well and monitoring wells at the Tuscarora Elementary Indian School are not contaminated by the gasoline plume.

Please read the following report

A) State of New York, County of Niagara, Department of Health, January 31, 1978, indicates that the gasoline was taken out of the drinking well on two (2) different occasions.
A-1 The first time the gasoline polluted well water was pumped into a field "Tuscarora Elementary Indian School Yard", just below the school where the children play.
A-2 The second time the gasoline was removed from the drinking well it was pumped into a stream that passes through the center of the Tuscarora Nation polluting more fresh water and ground water.

B) The United States Department of Interior, Bureau of Indian Affairs, Environmental Services, Washington DC, May 26, 1992, indicating the Tuscarora "School's well was cleaned up over ten years ago." The US Department of Interior, Bureau of Indian Affairs, has no reports showing the gasoline was ever cleaned up, nor the NYS Department of Health.

C) The Sear-Brown Group, Lewiston, NY 14092, November 10, 1993, to Ms Donna A Ersing, from Mr Fred L Smith Jr, CIH, CSP, Environmental Manager, indicates monitoring well number two (2) is contaminated by the gasoline plume.

D) New York State Department of Environmental Conservation, Buffalo, NY, 14132, January 24, 1995, Mr Salvatore Calandra, to Ms Donna Ersing, Niagara Wheatfield Central School District, indicating monitoring wells 1, 2, 3, 4, and the new well to the Tuscarora Elementary Indian School, were already affected by the ground water movement, (gasoline plume). Read report Lab Job No A95-0130, Lab Sample ID: A5013005, Client ID: School Tap, Sample Date: 01/11/95, Analysis date: 01/13/95.

Please answer questions with test results and environmental reports.

At the Tuscarora Elementary Indian School if all four (4) monitoring wells and the new well which supplies water to the school are contaminated, then show U S EPA and the Haudenosaunee Environmental Task Force "Reports", showing the clean up of the ground water after January 1995.
Prove by reports that the ground water is not contaminating the resident wells, around the Tuscarora School Yard.

If the U.S. EPA and Haudenosaunee Environmental Task Forces refuses or cannot produce environmental report revealing the ground water at the Tuscarora Elementary Indian School is all cleaned up; then there will be litigation against all parties involved.

Requesting United States Attorney General, Ms Janet Reno, answer letter of September 10, 1997.

REF: Violation of the Trust Responsibly, Clean Water Act, Democracy, Labor, Economic, Social, Culture, Development and Human Rights Violations Religion.

ONEH

Haudenosaunee Ska-Roh-Reh
Ambassador to the United Nations
Dougalas S. Anderson

Tuscarora Nation Road Commisioner

cc:

1) Haudenosaunmee Six Nations of Iroquois of North America
2) United Nations UNEP, UNDP, UNESCO, UNICEF, HCHR/CHR
3) International Joint Commission
Canada and the United States
4) United States President
President Bill Clinton
Washington, DC
5) U.S. Mission to the United Nations
Ambassador H. E. Mr Bill Richardson
Ambassador H. E. Mr Victor Marrenro check spelling here
6) U.S. Department of State
Ms Madeleine Korbel Albright
Mr Gare A. Smith
7) United States Senate
Mr. Strom Thurmond
Mr. Ben NightHorse Campbell
Mr. Alfonse M. D'Amato
Mr. Daniel P. Moynihan

8) U.S. Attorney General
Ms. Janet Reno
9) U.S. Attorney
Mr. Patrick H. NeMoyer
Mr. Mark Van Norman
10) Canada
Right Honorable Mr. Jean Chretien
11) Canada Missions to the United Nations Ambassador H.E. Robert R. Fowler