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HomeMy WebLinkAbout20100505WASHINGTON COUNTY HISTORIC DISTRICT COMMISSION Washington County Administrative Annex 80 West Baltimore Street Hagerstown, Maryland 21740-6003 Telephone: 240-313-2430 FAX: 240-313-2431 Deaf and Hard of Hearing call 7-1-1 for Maryland Relay AGENDA HISTORIC DISTRICT COMMISSION FOR WASHINGTON COUNTY, MARYLAND CONFERENCE ROOM 1A & B WASHINGTON COUNTY ADMINISTRATIVE ANNEX 80 WEST BALTIMORE STREET May 5, 2010 7:00PM M A. Call to Order & Roll Call B. Minutes — April 7, 2010 * C. Communications & Bills D. Unfinished Business 1. MOA re: treatment of the Brumbaugh/Kendle/Grove farmstead at Hagerstown Regional Airport* E. Budget F. New Business 1. Permit #2010-1434, 14244 Windy Haven Road, new porch addition in Ringgold Rural Village zoning* G. Other Business H. Executive Session I. Adjournment * = written material enclosed \HDC\amayl0.DOC NOTICE IS GIVEN THAT I'FIE FIISTORIC DISTRICT COMMISSION MAY MEET IN CLOSED SESSION PURSUANT TO SECTION 10.308, STATE GOVERNMENT ARTICLE, ANNOTATED CODE OP MARYLAND. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS ARE REQUESTED TO CONTACT THE WASHINGTON COUNTY PLANNING DEPARTMENT, CONTACT PERMITS DEPARTMENT AT (301) 791-3065 VOICE(FDD'TO MAKE ARRANGEMENTS NO LATER TITAN TEN (10) WORKING DAYS PRIOR TO TIIE MEETING. www.wnshco-md. net RECYCLED PAPER Page l of 2 Goodrich, Steve /6QLI/91 &c/iA4/1)tLT/ From: Sandra Izer [sizer@myactv.net] Sent: Wednesday, April 21, 2010 11:23 AM To: Goodrich, Steve; Chris Horst; Merry Stinson; Chip Stewart; Rob Bowman; Thomas Clemens; Pat Schooley; Steven Hatleberg; George Anikis Subject: Fwd: Hagerstown Regional Airport- Farmstead Property MOA Follow Up Flag: Follow up Flag Status: Red Attachments: FAA MOA BKG House3.23.10 w_ trk_change.doc; ATT00001.htm; FAA MOA BKG House_3.23.10.doc; ATT00002.htm; Letter to the FAA 4-19-2010.pdf; ATT00003.htm Steve, you will please forward this to Gary, I don't have his email. This ball is rolling again. The HDC, along with the Historical Society, Planning Commission, and Historical Trust are listed as signers to the MOA between the the FAA/Hagerstown Airport and Maryland Historical Trust in the disposition of the Brumbaugh-Kendle-Grove (BKG) farmstead. In brief: Jennifer Mendelson of the FAA has been replace by Chris Osburn. Chris sent a letter to the Transportation Security Administration asking for a final decision on whether the BKG house was a security threat to the Airport. The TSA made a final ruling that the farmstead "does not pose a security concern to air operations at HGR." That's great news. Now for the problems.. In the suggested MOA, after signing the County Commissioners will have 90 days to put together a committee work -force that will have 60 days to create a promotional adaptive reuse plan for the farmstead. The plan seeks a multi -million dollar obligation from an unknown entity for an airport -related industry to rehab the farm. If the plan does not work, there is no mothball contingency and the "county" goes to plan B, removal or demolition. Perhaps I am missing a clause here, but I do not see a specified time limit for finding a tenant noted in the MOA. Only a statement of: If the County receives no offer that it determines conforms to the requirements of Stipulation III.F, the County, in consultation with the MD SHPO and the FAA, may select one of the following courses of action: Modify the Marketing Plan requirements and re -offer the Farmstead pursuant to Stipulations IILA through IILF; Demolish the property in accordance with Stipulation V. The FAA reviewed the MOA and made the following recommendations: 1. Removal of the Mothball option (still no change in TSA's policy) 2. Removal of the Annual Review process 3. Modifications to the MOA duration section These three changes to the agreement (in my opinion) are death for the BKG. They remove the option of mothballing the house if we don't find a cooperative multi -million -dollar -airport - related -industry -tenant within a few months and there will be no auto -renewal of the review process. That explains why the FAA and HGR are eager to go before the County Commissioners for their approval. At first glance it appears they are willing participants in the preservation process, but if the FAA suggested changes are approved by the County Commissioners, it puts the 04/28/2010 Page 2 of 2 farmstead on a one-way course for demolition. I did not see the HGR listed on this weeks County Commissioner agenda, but they could have been included in the closed session. I also see in the newspaper on April 19 that the HGR is slated to receive 11.95 million in tax-exempt federal stimulus bonds for a new hanger and office building. If they are proposing a new office building, why not BKG?????? Do we need letters to the County Commissioners expressing our concern on the FAA proposed changes and the unreasonable restrictions that would be imposed by such changes? a personal appearance at the BOCC meeting? ? Each agency, HDC, WCHS, WCHT, and Planning will have to review and contemplate. Sandy 04/28/2010 �A arispob Cation Sgecurity¢ Administration c�J��4htl'Sf'4 Administration April 19, 2010 Mr. Chris Osburn Environmental Specialist Washington Airports District Office Washington D.C, Re; Grove Farmstead Dear Mr. Osburn, Hagerstown Regional Airport 18434 Showalter Road, Suite 3 Hagerstown, MO 21742 The purpose of this letter is to advise you of the Transportation Security Administrations • (TSA) final decision regarding the proposed security concerns associated with the abandoned Brumbaugh- Kendle-Grove Farmstead property outside of the airports operation area at Hagerstown Regional Airport (HGR). The former Federal Security Director (FSD) for HGR wrote a letter to Ms. Carolyn Motz, HGR Airport Manager, in November 2002. The letter addressed TSA had a potential security concern associated with the HGR runway extension project that is in close proximity of the Farmstead property. The FSD asked Ms. Motz to take steps to ensure there would be no unauthorized access to the Farmstead property. In the summer of 2009, Ms. Jennifer Mendelsohn, FAA Environmental Specialist, contacted Acting FSD Phil Burdette asking us to confirmed TSA's decision on the security concern with the Farmstead property. As a result the FSD, Legal Counsel,and the AFSD of Inspections did survey of the Farmstead property. They determined the abandoned Farmstead property does not pose a security concerns to air operations at HGR. If! can be of any further assistance, please do not hesitate to contact me. ince ly, Dana man Transportation Security Manager Hagerstown Regional Airport 410-689-4854/office 443-928-1974/cell DRAFT MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION, THE MARYLAND STATE HISTORIC PRESERVATION OFFICER, AND THE WASHINGTON COUNTY COMMISSIONERS REGARDING THE TREATMENT OF THE BRUMBAUGH-KENDLE-GROVE FARMSTED AT HAGERSTOWN REGIONAL AIRPORT WASHINGTON COUNTY, MARYLAND WHEREAS, the Federal Aviation Administration (FAA) assisted the Washington County Commissioners (County) with purchasing 84.6 acres of the Brumbaugh-Kendle-Grove Farmstead (Farmstead) in April 1999 as part of preparation for the extension of Runway 27 at the Hagerstown Regional Airport (Airport), located in Washington County, Maryland; and WHEREAS, the Farmstead includes a brick farmhouse, family cemetery, barn, approximately seven other outbuildings, and associated archeological resources located east of US Route 11 and situated outside the Airport's security fence; and WHEREAS, the Farmstead was not inhabited at the time the County purchased the property, the farmhouse has remained uninhabited, and the County has leased the Farmstead property for continuing agricultural purposes since it acquired the parcel; and WHEREAS, the FAA and the County considered alternatives for the disposition of the Farmstead and have not established any identified Airport use for the Farmstead; and WHEREAS, the FAA and the U.S. Department of Homeland Security identified constraints regarding the reuse of the Farmstead on Airport property given security, location, and functional issues; and WHEREAS, the FAA proposes to resolve the disposition and treatment of the Farmstead (Undertaking) by following the deliberative process set forth in this Memorandum of Agreement (MOA); and WHEREAS, the FAA established the Undertaking's area of potential effects (APE), as defined in 36 CFR Part 800.16(d), to include all the Farmstead complex as shown in Attachment A; and WHEREAS, in 2001 the FAA completed a survey, entitled Terrestrial Archeological Survey and Historic Architectural Resource Survey for Runway 9-27 Extension and Relocation of US Route 11 (Survey), which identified the Brumbaugh-Kendle-Grove Farmstead (Maryland Inventory of Historic Properties WA -I-480) and determined that the Farmstead is eligible for listing on the National Register of Historic Places (National Register) under Criteria A and C; and WHEREAS, the Survey also identified an archeological component of the Farmstead (recorded as M]HP archeological site No. 18WA496); and WHEREAS, the FAA determined that the Undertaking may have an adverse affect on the Farmstead, including its archeological component; and Memorandum ofAgreement Treatment of Brumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page2of11 WHEREAS, the FAA consulted with the Maryland State Historic Preservation Office (MD SHPO) pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f); and WHEREAS, the County participated in the consultation, the County has responsibilities for implementing stipulations under this MOA, and the FAA invited the County to be a signatory to this MOA pursuant to 36 CFR 800.6 (c)(2); and WHEREAS, the FAA identified and consulted with the following parties (Parties) pursuant to 36 CFR 800.6(a)(2): the Washington County Planning Department, the Washington County Historic District Commission, the Washington County Historical Society, the Washington County Historical Trust, the Heart of the Civil War Heritage Area and Preservation Maryland; and WHEREAS, the FAA invited the Parties to concur in the MOA and the following Parties agreed to sign as a Concurring Parties to the MOA: the Washington County Planning Department, Washington County Historic Preservation Commission, Washington County Historical Society, Washington County Historical Trust and Preservation Maryland; and WHEREAS, the FAA notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination pursuant to 36 CFR 800.6(a)(1) with specified documentation, and the ACHP declined to participate in the consultation as stated in its letter dated April 8, 2009; NOW, THEREFORE, the FAA, the MD SHPO and the County agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the Undertaking on historic properties. STIPULATIONS The FAA shall ensure that the following stipulations are implemented: I. Working Group A. Purpose: Within three (3) months of executing this MOA, the County will establish a working group (Working Group) to provide guidance, oversight, and advocacy regarding the implementation of the stipulations specified in the MOA. B. Membership: The County will invite the following parties to designate a representative(s) to serve on the Working Group, if they choose to participate: the Airport, the Washington County Planning Commission, the Washington County Historic District Commission, the Washington County Historical Trust, the Hagerstown - Washington County Chamber of Commerce, and Hagerstown -Washington County Economic Development Commission. C. Procedures: The County will establish written procedures regarding the Working Group's responsibilities, meetings, schedule, and general operations. The County will Memorandum ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Matyland Page 3 of]] provide a copy of the procedures and list of members to all members of the Working Group, the FAA, and the MD SHPO. D. Duration: The Working Group will remain in place until the County has implemented the Stipulations of the MOA or the MOA has expired or been terminated. II. Preservation of the Farmstead's Family Cemetery The County shall maintain and preserve the Farmstead's family cemetery in its current location in perpetuity. The County shall ensure that the cemetery is protected and preserved in -place during implementation of the stipulations of this MOA and as part of any future reuse of the Farmstead property at the Airport. III. Marketing Plan for the Farmstead (WA -I-480) A. The County with the Working Group shall develop and implement a marketing plan (Marketing Plan) within sixty (60) days of the group's establishment to identify an appropriate reuse and treatment for the Farmstead, consistent with the FAA's policies and use constraints for Airport property and the County's Economic Development plans for aviation -related businesses. B. The Plan shall request qualified proposals for one of the following three treatment options, listed in order of preference: • Option 1 - Adaptive reuse of the farmhouse, barn, and other outbuildings in their present location for an aviation related business. This alternative would require a third party to occupy the buildings in their current location and rehabilitate them in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68). The third party would develop a plan for reuse and security of the site that complies with local and Airport security requirements. The County must receive Fair Market Value rent for use of the buildings and site. • Option 2 - Relocate the farmhouse, barn and some or all of the outbuildings elsewhere on Airport property and adaptively reuse them for a specified purpose. This alternative requires the County and FAA to determine whether the identified location and type of airport land is not needed for Airport purposes. A third party would develop a plan for relocation and rehabilitation that would comply with local and Airport security requirements. The County must sell or lease the property at Fair Market Value as required by FAA. • Option 3 - Relocate the farmhouse, barn and some or all of the other outbuildings off airport property and adaptively reuse them for a specified purpose. This alternative would require the third party to move the structure(s) off Airport property. C. The County shall ensure that the Marketing Plan includes the following elements: • An information package about the Farmstead; • Photographs of the farmhouse, barn, outbuildings and grounds; • A parcel map; • Information on the Farmstead's historic significance; Memorandum ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 4 of]] • Information on the Farmstead's estimated cost and procedures for determining Fair Market Value rent or purchase for Options 1, 2 or 3; • Information on eligibility for federal, state, and local tax benefits for rehabilitation of historic properties; such tax benefits which would only be applicable to Option 1; • Notification that the successful offerer shall be required to rehabilitate the Farmstead's bbuildings and grounds in accordance with the Secretary of the Interior's Standards for the Treatment ofHistoric Properties (36 CFR Part 68); • A distribution list of potential purchasers or transferees; • An advertising plan and schedule; • A schedule for receiving and reviewing offers; • Discussion of any relevant local requirements and incentives; and • A detailed description of relevant Airport requirements and security issues. • Consistency with the Airport Master Plan D. The County shall submit the draft Marketing Plan to the MD SHPO and FAA for review and comment to be completed within thirty (30) days. Upon the MD SHPO and FAA's agreement with the Marketing Plan, the County shall implement the Marketing Plan. E. In consultation with the MD SHPO and the FAA, the County shall review each offer it receives in response to the Marketing Plan and the County shall select an offer that meets the following requirements: • The offer fulfills the County's economic development plans for aviation -related businesses. • The offer provides for rehabilitation and maintenance of the Farmstead as stipulated in the Marketing Plan, giving preference to qualified proposals that fulfill Option 1; • The offerer has the financial and technical ability to carry out the terms of the offer; and • The offerer meets the Airport's security and use requirements. F. Prior to making a final decision on the submitted proposals, the Airport will submit the preferred proposal(s) and other required information to the U.S. Department of Homeland Security to determine if the proposed reuse would be acceptable for security purposes. G. If the County receives no offer that it determines conforms to the requirements of Stipulation TILE, the County, in consultation with the MD SHPO and the FAA, may select one of the following courses of action: • Modify the Marketing Plan requirements and re -offer the Farmstead pursuant to Stipulations III.A through III.F; • Demolish the property in accordance with Stipulation V. Memorandum ofAgreement Treatment ofBrnmhaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 5 of 11 IV. Rehabilitation and Adaptive Reuse of the Farmstead A. If the County selects a successful offer that addresses Option I of the Marketing Plan, the County shall ensure that the Farmstead house and outbuildings are rehabilitated for adaptive reuse and that the design of the project is consistent with The Secretary of the Interior's Standards for the Treatment ofHistoric Properties (36 CFR Part 68). The County shall ensure that the offerer develops the design and specifications for the rehabilitation in consultation with the MD SHPO and submits the plans, along with a schedule for implementation, to the MD SHPO for review and approval prior to implementation. V. Documentation of the Farmstead (WA -I-480) and Archeological site (18WA496) A. If the County receives no successful offer in response to the Marketing Plan and decides to demolish portions or all of the Farmstead, it will implement the following documentation measures to mitigate the destruction of this historic property, pIr to the initiation of demolition actions. If the County selects a reuse offer consistent with III B. Option 1, it does not need to complete the documentation requirements specified in this Stipulation. B. Recordation: The County shall ensure that the following recordation measures are carried out in consultation with the MD SHPO before the Farmstead building(s) are demolished and in accordance with the relevant performance standards in Stipulation VIII. A and B: • Large -format perspective -corrected 5"x7" photographs will be made depicting the present condition of all Farmstead building elevations (2 photographs per building) and setting; • Sketch -plans will be made, on acid -free paper, of all Farmstead buildings including all floors, basement, and attics; • 35 mm black and white photographs will be made of other historical significant spaces and elements; and • The County shall ensure that copies of this documentation are made available to the MD SHPO and the Parties. C. Salvage: The County shall provide written notice regarding the planned demolition of the Farmstead to at least three 501(c) 3 salvage organization, such as the Baltimore -based Second Chance Inc. This written notice shall be provided at least thirty (30) days prior to the date of removal. If any 501(c) 3 salvage organization responds within thirty (30) days of written notification, the County shall provide them at least thirty (30) additional days to recover building components. During this period the County shall provide the salvage organization(s) with supervised access to the Farmstead site so that the salvage of components can be carried out. The County shall ensure that items thus selected are removed by the County's demolition contractor in a manner that minimizes damage and are given over with legal title to the salvage organization(s). Memorandum ofAgreement Treatment of Brumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 6 of 11 D. Archeological Data Recovery: The County shall develop a plan for the recovery of archeological data from the Farmstead's site 18WA496. The County shall ensure that the plan is developed in consultation with the MD SHPO and the work accomplished in accordance with the relevant performance standards in Stipulation VIII. The plan shall specify, at a minimum: • The property, properties, or portions of properties where data recovery is to be carried out, and any property that will be destroyed without data recovery; • Research questions to be addressed through data recovery, with an explanation of • their relevance and importance; • The research methods to be used, with an explanation of their relevance to the research questions; • The methods to be used in analysis, data management, and data dissemination, including a schedule; • Proposed disposition of recovered materials and records; • Proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; and • A proposed schedule for the submission of progress reports to the MD SHPO. The County shall submit the data recovery plan to the MD SHPO for review. Unless the MD SHPO objects in writing within 30 days after receipt of the plan, the County shall implement the plan prior to and in coordination with project ground disturbing activities within or immediately adjacent to the site area. The County and the MD SHPO will meet on -site to evaluate the success of the fieldwork phase of any data recovery program, near the end of the fieldwork efforts. The County shall submit a management summary to the MD SHPO documenting the completion of fieldwork for a 30 day review period. Upon receipt of the written concurrence from the MD SHPO, the County may proceed with demolition activities in the site areas concurrently with completion of the remaining laboratory, analyses and reporting phases of the data recovery work. VI. Ongoing Consultation The County, MD SHPO and the FAA shall continue to consult regarding the appropriate treatment of the Farmstead and archeological site, and shall coordinate any change, modification or refinement of the current Undertaking and implementation of this MOA. Should the signatories decide that amendments to the MOA are warranted, the signatories shall follow the amendment process specified in Stipulation XII. VII. Performance Standards A. Professional Qualifications: The FAA shall ensure that all research and documentation carried out pursuant to this MOA is conducted by or under the supervision of a person or persons meeting at a minimum the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61). B. Standards and Guidelines: The FAA shall ensure that all historic preservation work performed pursuant to this MOA shall be conducted in a manner consistent with the Memorandum ofAgreement Treatment of Brumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 7 of Il principles and standards contained in the documents (and subsequent revisions thereof) listed below: • Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation (1983). • Standards and Guidelines for Archeological Investigations in Maryland (Shaffer and Cole 1994); • Standards and Guidelines for Architectural and Historical Investigations in Maryland (Maryland Historical Trust, 2000); and • Advisory Council on Historic Preservation —Section 106 Archaeology Guidance (ACHP 2007). C. Curation: The County shall ensure that all materials and records resulting from cultural resources investigations conducted for the project will be curated in accordance with 36 CFR 79 at the MD SHPO's Maryland Archeological Conservation Laboratory. VIII. Unexpected Discovery of Historic Properties Should historic properties be unexpectedly identified during the implementation of the Project, the County shall ensure that reasonable efforts are made to avoid, minimize or mitigate adverse effects to such properties, and shall consult the MD SHPO and FAA to resolve any unavoidable adverse effects pursuant to 36 CFR § 800.6. The County and FAA shall ensure that any resulting cultural resources work is accomplished in accordance with the relevant performance standards in Stipulation VII. IX. Equal Opportunity/Non-Discrimination The signatories agree to comply with all applicable federal or state laws relating to equal opportunity and non-discrimination. X. Confidentiality The parties to this MOA shall maintain the confidentiality of certain historic information as allowed under Section 304 of the National Historic Preservation Act. Therefore, the nature and location of certain historic properties discussed in this MOA shall be maintained per 36 CFR 800.11(c). XI. Dispute Resolution Should any party to this MOA object within thirty days to any actions proposed or carried out pursuant to this MOA, the FAA shall consult with the objecting party(s) to resolve the objection. The FAA shall notify the MD SHPO and concurring parties of any objection. If the FAA determines that the objection cannot be resolved, the FAA shall forward all documentation relevant to the dispute to the ACHP. Within thirty (30) days after receipt of all pertinent documentation, the ACHP will either: Provide the FAA with recommendations, which the FAA shall take into account in reaching a final decision regarding the dispute or notify the FAA that it will comment pursuant to 36 CFR 800.7(c), and proceed to comment. The FAA shall take into account Memorandum ofAgreement Treatment of Brumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Matyland Page 8 of]] any ACHP comment provided in response to such a request in accordance with 36 CFR 800.7(c)(4) with reference to the subject of the dispute. Any recommendations or comments provided by the ACHP shall be understood to pertain only to the subject of the dispute; the FAA responsibility to carry out all actions under this MOA that are not subject of the dispute will remain unchanged. XII. Amendment Any of the signatories may request that this MOA be amended according to 36 CFR 800.6(c)(7) and that signatory shall consult with the other signatories to develop amendments. Any amendment to this MOA shall be effective on the date the amended MOA is signed by all signatories. The FAA shall ensure a copy of amended MOA is filed with the ACHP. XIII. Termination In the event the terms of this MOA cannot be or are not being carried out, the signatories shall consult to seek amendment of this MOA. If an agreement cannot be reached on an amendment, the FAA, MD SHPO or County may terminate it pursuant to 36 CFR 800.6(c)(8). The FAA shall either execute a new MOA under 36 CFR 800.6(c)(1) or request and consider the comments of the ACHP pursuant to 36 CFR 800.7(a). XIV. Coordination with the Maryland Historical Trust Act of 1985, as Amended The MD SHPO agrees that the fulfillment of the terms of this MOA will satisfy the responsibilities of any Maryland state agency under the requirements of the Maryland Historical Trust Act of 1985, as amended, State Finance and Procurement Article §§ 5A- 325 and 5A-326 of the Annotated Code of Maryland, for those components of the project that require licensing, permitting and/or funding actions from Maryland state agencies. XV. Duration The process described by this MOA shall be carried out within 18 months after Signatory Party approval. This MOA shall be considered null and void if its terms are not carried out within seven (7) years from the date of its execution. Execution of this MOA, filing of the agreement with the ACHP pursuant to 36 CFR 800.6(b)(1)(iv), and implementation of its terms is evidence that the FAA has taken into account the effects of the Undertaking on historic properties and afforded the ACHP an opportunity to comment. Memorandum ofAgreement Treatment of Bi7imbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 9 of]] SIGNATORIES FEDERAL AVIATION ADMINISTRATION By: Terry J. Page, Manager Washington Airports District Office Date: MARYLAND STATE HISTORIC PRESERVATION OFFICER By: Date: J. Rodney Little, State Historic Preservation Officer Director, Maryland Historical Trust WASHINGTON COUNTY, MARYLAND John F. Barr, President Washington County Commissioners Memorandum ofAgreement Treatment of Brumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 10 of]] CONCURRING PARTIES WASHINGTON COUNTY PLANNING DEPARTMENT Date: WASHINGTON COUNTY HISTORIC PRESERVATION WASHINGTON COUNTY HISTORICAL SOCIETY M WASHINGTON COUNTY HISTORICAL TRUST PRESERVATION MARYLAND Date: Date: DRAFT MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION, THE MARYLAND STATE HISTORIC PRESERVATION OFFICER, AND THE WASHINGTON COUNTY COMMISSIONERS REGARDING THE TREATMENT OF THE BRUMBAUGH-KENDLE-GROVE FARMSTED AT HAGERSTOWN REGIONAL AIRPORT WASHINGTON COUNTY, MARYLAND WHEREAS, the Federal Aviation Administration (FAA) assisted the Washington County Commissioners (County) with purchasing 84.6 acres of the Brumbaugh-Kendle-Grove Farmstead (Farmstead) in April 1999 as part of preparation for the extension of Runway 27 at the Hagerstown Regional Airport (Airport), located in Washington County, Maryland; and WHEREAS, the Farmstead includes a brick farmhouse, family cemetery, barn, approximately seven other outbuildings, and associated archeological resources located east of US Route 11 and situated outside the Airport's security fence; and WHEREAS, the Farmstead was not inhabited at the time the County purchased the property, the farmhouse has remained uninhabited, and the County has leased the Farmstead property for continuing agricultural purposes since it acquired the parcel; and WHEREAS, the FAA and the County considered alternatives for the disposition of the Farmstead and have not established any identified Airport use for the Farmstead; and WHEREAS, the FAA and the U.S. Department of Homeland Security identified constraints regarding the reuse of the Farmstead on Airport property given security, location, and functional issues; and WHEREAS, the FAA proposes to resolve the disposition and treatment of the Farmstead (Undertaking) by following the deliberative process set forth in this Memorandum of Agreement (M0A); and WHEREAS, the FAA established the Undertaking's area of potential effects (APE), as defined in 36 CFR Part 800.16(d), to include all the Farmstead complex as shown in Attachment A; and WHEREAS, in 2001 the FAA completed a survey, entitled Terrestrial Archeological Survey and Historic Architectural Resource Survey for Runway 9-27 Extension and Relocation of US Route 11 (Survey), which identified the Brumbaugh-Kendle-Grove Farmstead (Maryland Inventory of Historic Properties WA -I-480) and determined that the Farmstead is eligible for listing on the National Register of I-Iistoric Places (National Register) under Criteria A and C; and WHEREAS, the Survey also identified an archeological component of the Farmstead (recorded as MIIIP archeological site No. 18 WA496); and WHEREAS, the FAA determined that the Undertaking may have an adverse affect on the Farmstead, including its archeological component; and Memorandum ofAgreement Treatment ofBairn baugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 2 of11 WHEREAS, the FAA consulted with the Maryland State Historic Preservation Office (MD SHPO) pursuant to 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f); and WHEREAS, the County participated in the consultation, the County has responsibilities for implementing stipulations under this MOA, and the FAA invited the County to be a signatory to this MOA pursuant to 36 CFR 800.6 (c)(2); and WHEREAS, the FAA identified and consulted with the following parties (Parties) pursuant to 36 CFR 800.6(a)(2): the Washington County Planning Department, the Washington County Historic District Commission, the Washington County Historical Society, the Washington County Historical Trust, the Heart of the Civil War Heritage Area,and Preservation Maryland _and- - - _ _ _ - _ - Deleted:, WHEREAS, the FAA invited the Parties to concur in the MOA and the following Parties agreed to sign as a Concurring Parties to the MOA: the Washington County Planning Department Washington County Historic Preservation Commission, Washington County Historical Society. Washi neton County Historical Trust and Preservation Maryland: and Deleted: [namaWeconcgguig' I Pw es1: WHEREAS, the FAA notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination pursuant to 36 CFR 800.6(a)(1) with specified documentation, and the ACHP declined to participate in the consultation as stated in its letter dated April 8, 2009; NOW, THEREFORE, the FAA, the MD SHPO and the County agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the Undertaking on historic properties. STIPULATIONS The FAA shall ensure that the following stipulations are implemented: I. Working Group A. Purpose: Within three (3) months of executing this MOA, the County will establish a working group (Working Group) to provide guidance, oversight,pnd advocacy regarding _, - Deleted: the implementation of the stipulations specified in the MOA. B. Membership: The County will invite the following parties to designate a representative(s) to serve on the Working Group, if they choose to participate: the Airport, the Washington County Planning Commission, the Washington County Historic District Commission, the Washington County Historical Trust, the Hagerstown - Washington County Chamber of Commerce, and Hagerstown -Washington County Economic Development C:ommissiorloeteted:[s ctryenyea,erp,rttes] C. Procedures: The County will establish written procedures regarding the Working Group's responsibilities, meetings, schedule, and general operations. The County will Memorandum ofAgreement Treatment ofBnnnbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 3 of 11 provide a copy of the procedures and list of members to all members of the Working Group, the FAA, and the MD SHPO. --- Deleted:I D. Duration: The Working Group will remain in place until the County has implemented the Stipulations of the MOA or the MOA has expired or been terminated. II. Preservation of the Farmstead's Family Cemetery The County shall maintain and preserve the Farmstead's family cemetery in its current location in perpetuity. The County shall ensure that the cemetery is protected and preserved in -place during implementation of the stipulations of this MOA and as part of any future reuse of the Farmstead property at the Airport. III. Marketing Plan for the Farmstead (WA -I-480) A. The County with the Working Group shall develop and implement a marketing plan (Marketing Plan) within sixty (60) days of the group's establishment to identify an appropriate reuse and treatment for the Farmstead, consistent with the FAA's policies and use constraints for Airport property and the County's Economic Development plans for aviation -related businesses. B. The Plan shall request qualified proposals for one of the following three treatment options, listed in order of preference: • Option I - Adaptive reuse of the farmhouse, barn, and other outbuildings in their present location for an aviation related business. This alternative would require a third party to occupy the buildings in their current location and rehabilitate them in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 68). The third party would develop a plan for reuse and security of the site that complies with local and Airport security requirements. The County must receive Fair Market Value rent for use of the buildings and site. • Option 2- Relocate the farmhouse, bam and some or all of the outbuildings elsewhere on Airport property and adaptively reuse them for a specified purpose. This alternative requires the County and FAA to determine whether the identified location and type of airport land is not needed for Airport purposes. A third party would develop a plan for relocation and rehabilitation that would comply with local and Airport security requirements. The County must sell or lease the property at Fair Market Value as required by FAA. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--{Deleted [.n irts {elnvAnt;fthr any on nuporlpmperty-are they �"na pid_or • Option 3 - Relocate the farmhouse, bam and some or all of the other outbuildings P g lu5t{entetl?I off airport property and adaptively reuse them for a specified purpose. This alternative would require the third party to move the structure(s) off Airport property. - - C. The County shall ensure that the Marketing Plan includes the following elements: • An information package about the Farmstead; • Photographs of the farmhouse, bam, outbuildings and grounds; • A parcel map; • Information on the Farmstead's historic significance; Memorandum ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Abpa9, Maryland Page 4 of 11 • Information on the Farmstead's estimated cost and procedures for determining Fair Market Value rent or purchase for Options 1, 2 or 3; • Information on eligibility for federal, state, and local tax benefits for rehabilitation of historic properties; such tax benefits which would only be applicable to Option I; • Notification that the successful offerer shall be required to rehabilitate the Farmstead's buildings and grounds in accordance with the Secretary of/he Interior's Standards for the Treatment ofHis!orie Properties (36 CFR Part 68); • A distribution list of potential purchasers or transferees; • An advertising plan and schedule; • A schedule for receiving and reviewing offers; • Discussion of any relevant local requirements and incentives; and • A detailed description of relevant Airport requirements and security issues. • Consistency with the Airport Master Plan + -- - Formatted: Bullets and Numbering D. The County shall submit the draft Marketing Plan to the MD SHPO and FAA for review and comment to be completed within thirty (30) days. Upon the MD SHPO and FAA's _ _ - Deleted: ------ ---- agreement with the Marketing Plan, the County shall implement the Marketing Plant - Deleted: [spccirywne Miii rer marketing eiiprl7] E. In consultation with the MD SHPO and the FAA, the County shall review each offer it receives in response to the Marketing Plan and the County shall select an offer that meets the following requirements: • The offer fulfills the County's economic development plans for aviation -related businesses. • The offer provides for rehabilitation and maintenance of the Farmstead as stipulated in the Marketing Plan, giving preference to qualified proposals that• fulfill Option 1; • The offerer has the financial and technical ability to carry out the terms of the offer; and • The offerer meets the Airport's security and use requirements. F. Prior to making a final decision on the submitted proposals, the Airport will submit the preferred proposal(s) and other required information to the U.S. Department of Homeland Security to determine if the proposed reuse would be acceptable for security purposes. G. If the County receives no offer that it determines conforms to the requirements of Stipulation III.E, the County, in consultation with the MD SHPO and the FAA, may select one of the following courses of action: • Modify the Marketing Plan requirements and re -offer the Farmstead pursuant to Stipulations IILA through IILF; • Demolish the property in accordance with Stipulation Ve - Deleted: I Memorandmn ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown- Regional Airport, Maryland Page 5 of II IV. Rehabilitation and Adaptive Reuse of the Farmstead A. If the County selects a successful offer that addresses Option I of the Marketing Plan, the County shall ensure that the Farmstead house and outbuildings are rehabilitated for adaptive reuse and that the design of the project is consistent with The Secretary of the Interior's Standards for the Treatment ofHistoric Properties (36 CFR Part 68). The County shall ensure that the offerer develops the design and specifications for the rehabilitation in consultation with the MD SHPO and submits the plans, along with a schedule for implementation, to the MD SHPO for review and approval prior to implementation. I----------1 neteted:q `------------------heFarm-ea (WA -I-480) dA Archeological ) V. Documentation of the Farmstead A -I-480 and Archeolo teal site 18WA496 A. If the County receives no successful offer in response to the Marketing Plan and decides to demolish portions or all of the Farmstead, it will implement the following documentation measures to mitigate the destruction of this historic property, prior to the initiation of demolition actions. If the County selects a reuse offer consistent with III B. Option I, it does not need to complete the documentation requirements specified in this Stipulation. B. Recordation: The County shall ensure that the following recordation measures are carried out in consultation with the MD SI-IPO before the Farmstead building(s) are demolished and in accordance with the relevant performance standards in Stipulation VIII. A and B: • Large -format perspective -corrected 5'5O" photographs will be made depicting the present condition of all Farmstead building elevations (2 photographs per building) and setting; • Sketch -plans will be made, on acid -free paper, of all Farmstead buildings including all floors, basement, and attics; • 35 mm black and white photographs will be made of other historical significant spaces and elements; and • The County shall ensure that copies of this documentation are made available to the MD SHPO and the Parties. C. Salvage: The County shall provide written notice regarding the planned demolition of the Farmstead to at least three 501(c) 3 salvage organization, such as the Baltimore -based Second Chance Inc. This written notice shall be provided at least thirty (30) days prior to the date of removal. If any 501(c) 3 salvage organization responds within thirty (30) days of written notification, the County shall provide them at least thirty (30) additional days to recover building components. During this period the County shall provide the salvage organization(s) with supervised access to the Farmstead site so that the salvage of components can be carried out. The County shall ensure that items thus selected are removed by the County's demolition contractor in a manner that minimizes damage and are given over with legal title to the salvage organization(s). Memorandum ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 6 of 11 D. Archeological Data Recovery: The County shall develop a plan for the recovery of archeological data from the Farmstead's site 18WA496. The County shall ensure that the plan is developed in consultation with the MD SHPO and the work accomplished in accordance with the relevant performance standards in Stipulation VIII. The plan shall specify, at a minimum: • The property, properties, or portions of properties where data recovery is to be carried out, and any property that will be destroyed without data recovery; • Research questions to be addressed through data recovery, with an explanation of • their relevance and importance; • The research methods to be used, with an explanation of their relevance to the research questions; • The methods to be used in analysis, data management, and data dissemination, including a schedule; • Proposed disposition of recovered materials and records; • Proposed methods for involving the interested public in the data recovery, and for disseminating the results of the work to the interested public; and • A proposed schedule for the submission of progress reports to the MD SHPO. The County shall submit the data recovery plan to the MD SHPO for review. Unless the MD SHPO objects in writing within 30 days after receipt of the plan, the County shall implement the plan prior to and in coordination with project ground disturbing activities within or immediately adjacent to the site area. The County and the MD SHPO will meet on -site to evaluate the success of the fieldwork phase of any data recovery program, near the end of the fieldwork efforts. The County shall submit a management summary to the MD SHPO documenting the completion of fieldwork for a 33),day reviewperiod. Upon receipt of the written concurrence from _the _ _ - eteted: is MD SHPO, the County may proceed with demolition activities in the site areas concurrently with completion of the remaining laboratory, analyses and reporting phases of the data recovery work. VI. Ongoing Consultation The County, MD SHPO and the FAA shall continue to consult regarding the appropriate treatment of the Farmstead and archeological site, and shall coordinate any change, modification or refinement of the current Undertaking and implementation of this MOA. Should the signatories decide that amendments to the MOA are warranted, the signatories shall follow the amendment process specified in Stipulation Xl,J_ _ -- oteted: t VII. Performance Standards A. Professional Qualifications: The FAA shall ensure that all research and documentation carried out pursuant to this MOA is conducted by or under the supervision of a person or persons meeting at a minimum the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61). B. Standards and Guidelines: The FAA shall ensure that all historic preservation work performed pursuant to this MOA shall be conducted in a manner consistent with the Memorandums ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 7 of11 principles and standards contained in the documents (and subsequent revisions thereof) listed below: • Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation (1983). • Standards and Guidelines for Archeological Investigations in Maryland (Shaffer and • Cole 1994); • Standards and Guidelines for Architectural and Historical Investigations in Maryland (Maryland Historical Trust, 2000); and • Advisory Council on Historic Preservation — Section 106 Archaeology Guidance (ACHP 2007). C. Curation: The County shall ensure that all materials and records resulting from cultural resources investigations conducted for the project will be curated in accordance with 36 CFR 79 at the MD SHPO's Maryland Archeological Conservation Laboratory. VIII. Unexpected Discovery of Historic Properties Should historic properties be unexpectedly identified during the implementation of the Project, the County shall ensure that reasonable efforts are made to avoid, minimize or mitigate adverse effects to such properties, and shall consult the MD SHPO and FAA to resolve any unavoidable adverse effects pursuant to 36 CFR § 800.6. The County and FAA shall ensure that any resulting cultural resources work is accomplished in accordance with the relevant performance standards in Stipulation VII, _ _ - Ueteted: I IX. Equal Opportunity/Non-Discrimination The signatories agree to comply with all applicable federal or state laws relating to equal opportunity and non-discrimination. X. Confidentiality The parties to this MOA shall maintain the confidentiality of certain historic information as allowed under Section 304 of the National Historic Preservation Act. Therefore, the nature and location of certain historic properties discussed in this MOA shall be maintained per 36 CFR 800.11(c). XI. Dispute Resolution Should any party to this MOA object within thirty days to any actions proposed or carried out pursuant to this MOA, the FAA shall consult with the objecting party(s) to resolve the objection. The FAA shall notify the MD SHPO and concurring parties of any objection. If the FAA determines that the objection cannot be resolved, the FAA shall forward all documentation relevant to the dispute to the ACIIP. Within thirty (30) days after receipt of all pertinent documentation, the ACHP will either: Provide the FAA with recommendations, which the FAA shall take into account in reaching a final decision regarding the dispute or notify the FAA that it will comment pursuant to 36 CFR 800.7(c), and proceed to comment. The FAA shall take into account Memorandum ofAgreemen! Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 8 of 11 any ACHP comment provided in response to such a request in accordance with 36 CFR 800.7(c)(4) with reference to the subject of the dispute. Any recommendations or comments provided by the ACHP shall be understood to pertain only to the subject of the dispute; the FAA responsibility to carry out all actions under this MOA that are not subject of the dispute will remain unchanged. XII. Amendment Any of the signatories may request that this MOA be amended according to 36 CFR 800.6(c)(7) and that signatory shall consult with the other signatories to develop amendments. Any amendment to this MOA shall be effective on the date the amended MOA is signed by all signatories. The FAA shall ensure a copy of amended MOA is filed with the ACHP. XIII. Termination In the event the terms of this MOA cannot be or are not being carried out, the signatories shall consult to seek amendment of this MOA. If an agreement cannot be reached on an amendment, the FAA, MD SHPO or County may terminate it pursuant to 36 CFR 800.6(c)(8). The FAA shall either execute a new MOA under 36 CFR 800.6(c)(1) or request and consider the comments of the ACHP pursuant to 36 CFR 800.7(a). XIV. Coordination with the Maryland Historical Trust Act of 1985, as Amended The MD SHPO agrees that the fulfillment of the terms of this MOA will satisfy the responsibilities of any Maryland state agency under the requirements of the Maryland Historical Trust Act of 1985, as amended, State Finance and Procurement Article §§ 5A- 325 and 5A-326 of the Annotated Code of Maryland, for those components of the project that require licensing, permitting and/or funding actions from Maryland state agencies. X$/. ,Duration.,.-{Deleted:q Formatted: Bullets and Numbering The process described hv.this MOA shall be carried out within 18 months afterienator _ _ Deleted: of Party approval. This MOA shall be considered null and void if its terms are not carried out within seven (7) years from the date of its execution. Deleted: by Deleted: December 1, 2010. Execution of this MOA, filing of the agreement with the ACHP pursuant to 36 CFR 800.6(b)(1)(iv), and implementation of its terms is evidence that the FAA has taken into account the effects of the Undertaking on historic properties and afforded the ACHP an opportunity to comment. Memorandum ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, May/and Page 9 of 11 SIGNATORIES FEDERAL AVIATION ADMINISTRATION By: Date: Terry J. Page, Manager Washington Airports District Office MARYLAND STATE HISTORIC PRESERVATION OFFICER By: J. Rodney Little, State Historic Preservation Officer Director, Maryland Historical Trust I WASHINGTON COUNTY, MARYLAND By: John F. Barr, President Washington County Commissioners Memorandum ofAgreement Treatment ofBrumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport, Maryland Page 10 of]] CONCURRINGPARTIES ,_- Deleted: [Reese fist as needed] WASHINGTON COUNTY PLANNING DEPARTMENT WASHINGTON COUNTY HISTORIC PRESERVATION COMMISSION WASHINGTON COUNTY HISTORICAL SOCIETY WASHINGTON COUNTY HISTORICAL TRUST PRESERVATION MARYLAND °�,caaZvp Transportation aK Security ti�lN .Administration `1p 5'� April 19, 2010 Mr. Chris Osburn Environmental Specialist Washington Airports District Office Washington D.C. Re; Grove Farmstead Dear Mr. Osburn, Hagerstown Regional Airport 18434 Showalter Road, Suite 3 Hagerstown, MD 21742 The purpose of this letter is to advise you of the Transportation Security Administration's (TSA) final decision regarding the proposed security concerns associated with the abandoned Brumbaugh- Kendle-Grove Farmstead property outside of the airports operation area at Hagerstown Regional Airport (HGR). The former Federal Security Director (FSD) for HGR wrote a letter to Ms. Carolyn Motz, HGR Airport Manager, in November 2002. The letter addressed TSA had a potential security concem associated with the HGR runway extension project that Is in close proximity of the Farmstead property. The FSD asked Ms. Motz to take steps to ensure there would be no unauthorized access to the Farmstead property. In the summer of 2009, Ms. Jennifer Mendelsohn, FAA Environmental Specialist, contacted Acting FSD Phil Burdette asking us to confirmed TSA's decision on the security concern with the Farmstead property. As a result the FSD, Legal Counsel,and the AFSD of Inspections did survey of the Farmstead property. They determined the abandoned Farmstead property does not pose a security concerns to air operations at HGR. If I can be of any further assistance, please do not hesitate to contact me. l LLLI�i- Gr-"-- Dana man Transportation Security Manager Hagerstown Regional Airport 410-689-4854/office 443-928-1974/cell Maryland Department of Planning Aline OMallzy ich ,e, Gnurnnm Maryland Historical Tr8l St .......!1Rd .. •" •_ • ., _, 1Cbbart Hall;b�idr7, Anthony G. R nun° dlrrttli wJ; Power 1r Gnue11°' [ir—/ [WED DP ery Seciewry ISi�L�I!lLtl April 15, 2010 Mr. Terry Page, Manager APR21 1 2010 Washington Airports District Office 23723 Air Freight Lane, Suite 210 WASHI^I6TGid C0UNIV ?I. �P!`!ING DEPT. Dulles, Virginia 20166 _____-.-.___...__..._,_____� Re: Treatment of the Brumbaugh-Kendle-Grove Farmstead (WA -I-480/ 18WA496) Hagerstown Regional Airport, Washington County, Maryland Dear Mr. Page: Thank you for providing the Maryland Historical Trust (Trust) with an electronic copy of the revised draft Memorandum of Agreement (MOA) the FAA prepared for the above -referenced project, via email dated March 25, 2010. The MOA reflects the results of FAA's efforts to resolve the effects of its disposition of the historic Brumbaugh-Kendle- Grove Farmstead (WA -I-480 / 18WA496) at the Hagerstown Regional Airport, pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966. The FAA made minor revisions to the last version of the MOA that the Trust circulated to the consulting parties with our June 23, 2009 letter. We offer the following comments regarding the modified MOA and its stipulated measures, for your consideration in finalizing the document for signature. I. Stipulation HII.A now states that the Working Group shall develop and implement a marketing plan within sixty (60) days of the group's establishment. It is important that the MOA includes realistic and achievable time frames for its specified actions. While it may be possible to develop the marketing plan within 60 days, it does still require a 30 day review by the FAA and the Trust (Stipulation III.D), so if additional revisions to the plan are needed, it may not be ready for advertising within 60 days. 2. Stipulation III.C lists the required elements of the marketing plan, which includes an advertising plan and schedule as well as a schedule for receiving and reviewing offers. As the FAA and the County proceed to implement the MOA, it is essential that the marketing schedule provides adequate time for prospective parties to explore alternatives, secure financing, and develop responsive proposals. Such time is imperative in order to facilitate and ensure the success of the marketing efforts. In our experience, 9-12 months is a reasonable amount of time to prepare a qualified proposal. Should the marketing efforts prove unsuccessful, we regret that FAA has deleted mothballing the farmstead as an option under Stipulation III.G and former Stipulation V. While we recognize that continued mothballing of the farmstead is not desirable from the County or FAA's perspective, it does allow for the survivability of the resource until such time as other resources or uses may become available. The prior MOA acknowledged mothballing as an option, but did not require the County or the FAA to select it as an option. We continue to advocate for inclusion of the mothballing provision in the MOA as an alternative treatment measure for the resource. FAA may want to consider adding further qualifying language to the MOA that would identify mothballing as a selected, not required alternative. 4. FAA deleted the annual review provision (former Stipulation XVI) from the MOA. We assume this was because FAA and the County.intend to complete the mitigation measures within 18 months of executing the MOA, as 100 Community Place Crorvnsville, Mm)ylaud 21032-2023 Telephone: 410514.7600 Fax: 410.987 4071 , Toll Free: 1.800.7560119 77Y Users: Mmydand Re/a)' Internet: mmm.nrarylnndhistonealnrrn.net Terry Page Brumbaugh-Kendle-Grove Farmstead Hagerstown Regional Airport April 15, 2010 Page 2 of 2 specified in the revised duration provision. We had originally included the annual review item to ensure that the consulting parties remain in regular contact and to facilitate ongoing coordination during implementation of the agreement. We have no objection to removing this stipulation, if desired. 5. Finally, we note that FAA added the following qualifier to the duration stipulation: The process described by this MOA shall be carried out within 18 months after Signatory Party approval. As noted above, it is important that the MOA contains realistic and achievable time frames for its specified actions and it is appropriate for the document to provide time frames for completion of required elements. The MOA specifies a process and course of events to reach a final decision on the disposition of the farmstead. The final outcome is not yet known, pending the results of the marketing efforts. The process identified in the MOA includes several steps that may entail variable periods of review, response time, and completion. Depending on the outcome of any one of those steps, completion of the entire process within 18 months may or may not be achievable. We trust that FAA has provided an opportunity for the other consulting parties to review the revised draft MOA, since they are included as concurring parties to the document. Those parties should direct any remaining comments on the MOA back to the FAA as the responsible federal entity for this undertaking. We look forward to working with FAA and the other participants to execute the agreement and implement its stipulations. If you have questions or require further assistance, please contact Beth Cole at 410-514-7631 / bcole abrndp.state and us or Amanda Apple at 410-514-7630 / aapple@mdp.state.nid.us. Thank you for providing us this opportunity to comment. Sincerely, �Mv Rodney Little Director / State Historic Preservation Officer Maryland Historical Trust JRL/EJC/201001650 cc: Chris Osborn (FAA) Carolyn Motz (Hagerstown Regional Airport) James Kercheval (Washington County Commissioners) Steven Goodrich (Washington County Historic District Commission) Sandra lzner (Washington County Historic District Commission) Patricia Schooley (Washington County Historical Trust) James Neville (Washington County Historical Society) Marilyn Benaderet (Preservation Maryland) WASHIIGTON COUNTY BUILDING & ZONING PERMIT IVR/Activity No: 2010-01434 Applied: 04/15/2010 Project No: P2010-0332 Approved: Permit Type: RES-ADD Status: PENDING Inspector Area: B2 District/Acct No: 14002642 Job Address: 14244 WINDY HAVEN ROAD SM Location: LOR 14244 WINDY HAVEN ROAD Parcel No: 027-01-0244-00000 Zoning Dist: RURAL VILLAGE Floodplain: C Applicant: WHITTINGTON CONSTRUCTION GROUP e" 16618 VIRGINIA AVENUE WILLIAMSPORT MD 21795 Phone Number: 301-573-2832 Owner: ENFUSSE ARNOLD D & DORIS E Contractor: WHITTINGTON CONSTRUCTION GROUP Phone Number: 301-573-2832 Contractor Lic. No: MHIC-88355 Description: REMOVE EXISTING 40 SQ FT FRONT PORCH WITH ROOF AND RECONSTRUCT A 200 SQ FT FRONT PORCH WITH A 125 SQ FT WRAP -AROUND CONCRETE WALK TO EXISTING SIDE DOOR, CONTINUOUS FOOTER, FRAME CONSTRUCTION, SHED ROOF, ELECTRICAL WIRING FOR ADDITIONAL LIGHTING IN CEILING OF ROOF Foundation Size: 5'X40' Type of Heat...: Public Sewer...: Public Water...: Gas............ Electric Y Exterior Finish: Air Conditioning: Septic............. Time Existed: Well............ Time Existed: Construction Type: Construction Valuation: $36,400.00 Code Enforced: 2006 INT'L RESIDENTIAL CODE Setbacks Lot Tract Area Lot Area Per Family Front Yard Setback Rear Yard Setback Left Side Setback Right Side Setback Lot Width Pro nosed .34 ACRES .34 ACRES 38 54 58 10 114 EXISTING EXISTING PDS No. Of Bathrooms: No. of Bedrooms: 0 Minimum Required .92 ACRES .92 ACRES 25 25 8 8 100 This permit has been reviewed by the Washington County Department of Permits & Inspections and meets all applicable local and state codes and ordinances. Should you have any questions, please contact our department at 240.313-2460 between the hours of 7:30 a.m. through 4:30 p.m., Monday through Friday. 80 West Baltimore Street, Hagerstown, MD 21740 Phone: 240.313-2460 Fax: 240.313-2461 v lk Mennonite 19Weity Ch of\N>-I %c': � r f'i7 y, _yr i �'� r' -i 1 t f r Page 1 of I http://esx-accelaapp:8080/agis/map/printMap.isp 04/2R/2n1 n -71 I k I