Work crews begin relocating mound behind Exchange

Oxford, Al.

Oxford Exchange: Mound in Background

The stones that are to be moved from the mound

Dump trucks loaded with stones from atop a hill behind the Oxford Exchange transported their cargo to a site across Leon Smith Parkway Thursday. The move fulfilled part of an agreement between Oxford and a federally recognized American Indian tribe — an agreement the city needed to proceed with a construction project at the site. It also represented the end of a nearly three-year-long controversy regarding the city’s treatment of an alleged ancient Indian stone burial mound.

Fred Denney, Oxford’s city project manager, confirmed Thursday that the transport of rocks from the hill to an adjacent site near the city’s proposed sports complex was part of Oxford’s memorandum of agreement with the Muscogee Creek Nation in Oklahoma, the U.S. Army Corps of Engineers and the Alabama Historical Commission.

“Yeah, we’re moving the rocks … it should be finished (Monday),” Denney said.

On the east side of the mound, was a cave entrance

A backhoe could be clearly seen atop the hill at noon Thursday, filling a dump truck with rocks.

Controversy over whether the hill behind the Oxford Exchange was used as an ancient American Indian burial mound arose nearly three years ago when Oxford started digging out dirt underneath it to use as fill for a proposed Sam’s Club nearby. Due to the controversy, the city eventually halted work at the hill, where it remained untouched until Thursday.

As per the agreement, approved in June, the city had to move the stones to an undisclosed location where ancient American Indian remains were discovered last year during construction of the sports complex. At the site, the city must use the rocks to construct a mound approximately 32 meters by 16 meters by 1.6 meters.

The corps halted the sports complex project in February 2010 after the human remains were found at the site, located at the historic Davis Farms. The corps has jurisdiction over the site since Oxford needed a wetlands permit to begin construction. The corps would not allow the project to continue until the Muscogee Creeks — which has the closest cultural affiliation to the site — decided what to do with the remains.

The Muscogee Creeks eventually decided the remains should be reburied and the stones from the hill be relocated nearby.

Stacye Hathorn, state archaeologist for the Alabama Historical Commission, said the city has done well in fulfilling its side of the agreement.

“I’m pleased with the agreement we have,” she said.

Once the stones are moved, the city has the go-ahead from the Muscogee Creeks to do whatever it wants with the land behind the shopping center. The City Council has not discussed any possible uses of the land since the agreement was signed.

Denney said he did not know of any plans in the works.

“There are no plans for the hill yet,” he said. “But that decision of what to do with it will be up to the mayor and the council.”

Attempts to reach Mayor Leon Smith and Council President Chris Spurlin for comment Thursday were unsuccessful. Attempts to reach the Muscogee Creek Nation Thursday also were unsuccessful.

Though the city has settled its issues with the Indians and the corps, it is still working to resolve the costs incurred from the construction delays of the sports complex, the movement of the rocks and other fees.

The city filed a $2 million lawsuit in October against the Tennessee architectural firm Barge, Waggoner, Sumner and Cannon, which designed the sports complex. The lawsuit alleges the firm was negligent and breached its contract with the city by failing to properly advise, supervise and manage the project, resulting in the discovery of the remains. It adds that the firm knew the project site was known for containing historical artifacts and that substantial engineering and technical advice in site preparation would be required.