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Selected Section 106 Cases, 1986-1996: Mid-Atlantic

Delaware, District of Columbia, Maryland, New Jersey,
Pennsylvania, Virginia, West Virginia

Post Office transfer and reuse, Georgetown, Delaware, U.S. Postal Service (USPS)-Farmers Home Administration (FmHA), 1994. Located on "The Circle," center of downtown Georgetown and the heart of a historic district, the Georgetown Post Office was vacated by USPS and purchased by the Sussex County government using FmHA funds. The county's plan for the property included rehabilitation, construction of an addition between it and the adjacent historic courthouse building, and sale of two buildings to the State for reuse as a State courts facility. Through the Section 106 consultation process, the Council helped coordinate the actions of two Federal agencies, the Delaware SHPO, the Delaware court system, the county government and the local historic preservation commission, finding common ground among these disparate parties. USPS agreed to sell the historic facility with appropriate protections in place, and FmHA provided funds for the acquisition. The county acquired the post office and is now constructing an addition in keeping with the character of the historic district. The local historic preservation commission, the SHPO, and the court worked together on the designs and specifications for the renovation of the historic county courthouse.

Annex 3, Auditor's Complex rehabilitation, Holocaust Memorial Museum, District of Columbia, General Services Administration (GSA)-U.S. Holocaust Council, 1987. In 1987, GSA proposed to transfer Annex 3 of the Auditor's Building Complex to the U.S. Holocaust Council, which in turn planned to demolish the annex to create a plaza adjoining the new Holocaust Memorial Museum. The Council and local citizens voiced concern about the proposal, and the Holocaust Council eventually revised its plans to reuse--rather than to demolish--the historic building. The Council worked with the Holocaust Council to review plans to use the building for museum offices, storage, and visitor services.

National Building Museum treatment of historic windows, District of Columbia, General Services Administration (GSA), 1992. Successfully resolved in July 1992, this case entailed balancing the needs of a museum with the stewardship responsibilities associated with ownership of a National Historic Landmark. The Council brought together GSA, the National Building Museum, and the District of Columbia HPO to address alternatives to permanently blocking windows throughout a large percentage of the building. An agreement that allowed temporary blockage of windows for exhibit-specific purposes, avoiding permanent blocking of windows anywhere in the building, grew out of the consultation.

Baltimore Central Light Rail Line construction, Baltimore, Maryland, U.S. Army Corps of Engineers, 1990. Construction of the Baltimore Central Light Rail Line generated substantial local opposition due to its potential effect on historic properties and parklands, despite having strong local political support and being acknowledged as serving an important transportation need of the greater Baltimore region. The Council worked with the consulting parties, local preservationists, and other interested parties to identify potential sources of conflict and balance project goals with preservation concerns. As a result of the Section 106 process, citizens oversaw final design and construction of the project, assisting the Maryland Transit Administration with implementing measures designed to mitigate adverse effects resulting from construction.

Maryland Transportation Enhancement Program, Federal Highway Administration (FHWA), 1993. The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 sets aside 10 percent of surface transportation funds for transportation enhancement activities such as acquisition of scenic or historic sites for conservation, acquisition of scenic or conservation easements, scenic or historic highway programs, historic preservation, rehabilitation of historic transportation facilities, and archeological planning and research. Most proposals that fall under this program will benefit historic properties and, to encourage funding of preservation projects in particular, the Maryland Division of FHWA, the Maryland State Highway Administration, the Maryland SHPO, and the Council developed a programmatic approach to expedite the Section 106 review process and encourage creative projects. Similar agreements have since been adopted by eight additional States.

Triangle Redevelopment Project, Baltimore, Maryland, City of Baltimore-Department of Housing and Urban Development (HUD), 1988. The Council convened a special panel of its members to hear the views of local citizens and local and State officials concerning plans to demolish ten acres of historic buildings located in the heart of the Canton Historic District near Baltimore's waterfront. The site in question, the American Can Company complex, contained the last vestiges of Baltimore's once immense commercial canning industry, with buildings dating back to the 1870s. After holding a public hearing, the Council members panel supported staff recommendations that the buildings remain intact and a new redevelopment plan be created to use existing historic structures. Faced with these recommendations and citizen opposition to wholesale demolition, the city and the developer decided not to proceed. The buildings are still standing and redevelopment proposals are being actively pursued.

Atlantic Shoreline beach erosion control, New Jersey, U.S. Army Corps of Engineers, 1990-1994. The Corps has been engaged in a multi-year erosion control effort along the northern portion of New Jersey's Atlantic coast between Sandy Hook and Bernegate Inlet. The project involves the dredging of sand from offshore borrow areas and the hydraulic pumping of the sand to the beach to rebuild and maintain the beach berm. Under several agreements reached through Section 106 consultation, the Corps has identified through historical research and remote sensing at least ten 19th- and early-20th-century shipwrecks that could be affected by the work and taken steps to avoid the shipwrecks during dredging or, if they are near the shore, monitor the effects of beach restoration activities. The results of these studies will greatly assist future decisions about the protection of historic shipwrecks.

Ramapo River flood control, Oakland, New Jersey, U.S. Army Corps of Engineers, 1994. While planning for a flood control project along the Ramapo River in northern New Jersey, the Corps identified a number of properties that would be affected by the proposed channelization and other measures: the Bogert-Wilkens Factory Complex, the Sandy Ground Recreational Facility, the Pompoton Ironworks, the Doty Road Bridge, and the Salwen Archeological Site. The Corps initiated Section 106 consultation with the New Jersey SHPO early in the planning process and has continued to work very hard with the SHPO and other interested parties to address concerns. Most notably, when human remains were discovered during archeological testing at the Salwen Site, the Corps consulted with the SHPO, the State Archeologist, and the Ramapo Native American community, ultimately redesigning the channel alignment to avoid the site. The agreement for this project represents the extensive consultation and planning effort, as it outlines detailed mitigation and avoidance measures for each of the properties that balance historic preservation needs with flood control requirements. The agreement serves as a model for other Corps projects.

Interstate 95 completion, Philadelphia, Pennsylvania, Federal Highway Administration (FHWA), 1986. The I-95 project area included a number of National Register-eligible and -listed sites, the most notable being Society Hill, the oldest part of Philadelphia. Completion of this project was critical if the city were to improve access from I-95 to the Central Business District and waterfront, areas planned for major economic development activities such as the new convention center. The mitigation plan for the I-95 completion project not only protected and preserved historic properties, but also spurred tourism and economic redevelopment activities at Society Hill, the "Old City," and the waterfront.

Lackawanna Mall, Scranton, Pennsylvania, City of Scranton-Department of Housing and Urban Development (HUD), 1988. One of the most controversial Urban Development Action Grant (UDAG) projects reviewed by the Council during the existence of the HUD program, the Lackawanna Mall Project was challenged by local preservationists who failed to see the need for a regional mall in the heart of Scranton's major commercial historic district. The city and business community, however, felt the construction of the mall was critical to maintaining the city's economic viability. Through the Section 106 review process, a comprehensive Memorandum of Agreement was executed which ensured that the mall design would be compatible with the character of Lackawanna Avenue Commercial Historic District; the developer and the city would establish a revolving fund to rehabilitate remaining buildings within the district; and the city would develop a Historic Preservation Ordinance and Historic Preservation Plan to improve consideration of historic properties in future project planning.

U.S. 219 transportation improvement, Meyersdale, Pennsylvania, Federal Highway Administration, (FHWA) 1994. An agreement executed in November 1994 calls for the development of a public education program as part of the archeological mitigation for the highway project. The project consultants have used this provision creatively, proposing use of summer interns from the community, site tours, volunteer excavators, school childrens' digging day, and development of a training video on archeology for the Pennsylvania Department of Transportation. The project promises to be a model for public education in archeology.

James River maintenance dredging, Virginia, U.S. Army Corps of Engineers, 1994. The Norfolk District of the Corps maintains the Federal navigation channel in the James River and must periodically conduct dredging to ensure navigable depths. In discussions with the SHPO, the Corps maintained that, in light of past dredging of the river, no historic properties could remain extant. The SHPO sought the Council's assistance in the Section 106 consultation for the project. Shortly after Council involvement, the Corps hit an ironclad ship while removing debris from the channel in a location that had not been previously dredged. With the potential for extant historic properties now established, extensive consultation followed. Given the channel's vital importance, the Council's first priority was to enable the Corps to dredge immediately in specified locations to clear the channel. An agreement was executed that allowed for further identification and treatment of targets in a remote sensing survey of the sections of the river dredged in 1994. For the remainder of the river, the Corps will conduct archival research to determine where additional shipwrecks or other historic properties might be found and establish a schedule for survey of those areas. This information will serve as the foundation of a preservation plan to permit the Corps to maintain the navigation channel and ensure that historic properties are afforded appropriate treatment.

National Foreign Affairs Training Center relocation at Arlington Hall, Arlington, Virginia, Department of State, 1989. The State Department consulted with the Virginia SHPO and the Council regarding plans to relocate the National Foreign Affairs Training Center at Arlington Hall Station Historic District. Although new construction would change the character of the historic district, it was designed to be compatible with the existing buildings (which had been used during World War II and subsequently for intelligence-related activities under the Army Signal Corps). The buildings were rehabilitated to the Secretary of the Interior's Standards, and the result was reuse of the historic site as a campus for the prestigious educational institution, and revitalization of the site and its 15-acre setting in a manner compatible with the surrounding community.

Shelburne Parish Glebe sale, Loudoun County, Virginia, U.S. Marshals Service, 1989. Shelburne Parish Glebe, a 780-acre estate located in the Goose Creek Historic District, was seized in 1986 by the U.S. Marshals Service under Federal racketeering and drug statutes. The property, which dates from 1773 and served as home to George Washington's minister, was subsequently sold by the Marshals Service absent Section 106 review. Concerned about the potential for the uncontrolled development of the property, citizens sought the Council's help in negotiating a more sympathetic disposal with the Marshals Service. The Marshals Service subsequently rescinded the sale, and a Memorandum of Agreement was executed that required the buyer to grant a historic easement to the Virginia Historic Landmarks Board and limit subdivision of the parcel. Resale of the property with the protections netted over $1 million more than the first sale.

Washington Dulles International Airport Terminal expansion, Loudoun County, Virginia, Metropolitan Washington Airports Authority, 1993. This major expansion project includes extension of the main terminal to double its present length, reconstruction of the approach roadway, reconstruction of the "South Finger," and rehabilitation of the interior to accommodate increased capacity, passenger mobility, and security needs. The terminal is recognized worldwide as a masterwork of Eero Saarinen and, as the first airport designed for the jet age, is considered eligible for inclusion in the National Register of Historic Places. The Council worked closely with the Metropolitan Washington Airports Authority, its consultants, and the Virginia SHPO in order to consider how best to preserve the structure's distinctive character while efficiently serving evolving transportation needs.

U.S. 35 reconstruction, Henderson, West Virginia, Federal Highway Administration (FHWA), 1995. The proposed reconstruction of U.S. Route 35 in Mason County was developed as a highway demonstration project to relieve congestion and improve geometrics along a 2-mile stretch of the highway near the confluence of the Kanawha and Ohio Rivers. The present road which carries a high volume of truck traffic is a key commercial route between major points in Ohio (just over the river) and Charleston, West Virginia's capital, was judged inadequate to accomodate the volume of industrial traffic; further, it has long been subject to flooding and landslides due to its position along the narrow Kanawha River corridor. West Virginia's Secretary of Transportation communicated to the Council the importance of upgrading this principal artery as soon as possible. Based on early coordination and submission of excellent written documentation, the Council was able to review the project and complete action within a day on an agreement for marketing and recording several historic structures associated with the Kanawha River canal system of locks and dams, as well as providing for archeological investigations along the route.

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