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HomeMy WebLinkAbout09 - SeptemberLloyd Vavener, Chair _ Jean Banzhoff Justin Bedard, Vice Chair ' Washington County Sarah Butler -Michael Ann Aldrich Alexa Vetter Brianna Candelaria Tyler Milam Randal Leatherman, Thomas Freeman BOCC Rep Heather Holman HISTORIC DISTRICT COMMISSION OF WASHINGTON COUNTY, MARYLAND AGENDA September 2, 2026, 6:00 p.m. Washington County Ad ministration Complex, 100 West Washington Street, Room 2001, Hagerstown, MD 21740 CALL TO ORDER AND ROLL CALL MINUTES 1. Minutes of August 5, 2026, meeting * NEW BUSINESS 1. HTC-26-002. 205 E Main Street. Sharosbura (WA-II-723(district)/WA-II-682 (house)) - (Discussion/Approval) - Part 3 documentation for tax credits at 205 E Main Street, Sharpsburg * 2. HTC-26-004, 20 Potomac Street. Boonsboro (WA -II -981 (district)/WA-II-892 (house)) - (Discussion/Comment) - Part 1 and Part 2 documentation for tax credits for stoop railing * 3. RZ-26-006, 13302 Unger Road. Smithsburg (WA -I-148, Little Valley) - (Discussion/Consensus) Historic Preservation Zoning Overlay * 4. RZ-26-005, 20245 Mount Aetna Road, Hagerstown (WA -II -092, Henry McCauley Farm) - (Discussion/Consensus) - Historic Preservation Zoning Overlay * 5. Section 106 Proposed Process Changes (Discussion) * 6. John Frye Awards Planning Process and Role Assignments (Discussion) OTHER BUSINESS 1. Staff Report a. Staff Reviews * b. Town Tax Credit MOU Updates-Smithsburg & Funkstown ADJOURNMENT UPCOMING MEETING 1. Wednesday, October 7,2026,6:00 p.m. *attachments The Historic District Commission reserves the right to vary the order in which the cases are called. Individuals requiring special accommodations are requested to contact the Washington County Planning Department at 240- 313-2430 to make arrangements no later than ten (10) days prior to the meeting. Notice is given that the agenda may be amended at any time up to and including the meeting. 747 Northern Avenue Hagerstown, MD 21742 240.313.2430 240.313.2431 7-1-1 WWW.WASHCO-MD.NET MINUTES OF THE HISTORIC DISTRICT COMMISSION FOR WASHINGTON COUNTY August 6, 2026 The Washington County Historic District Commission held its regular monthly meeting on Wednesday, August 5, 2026 at 6:00 p.m. in the Washington County Administrative Complex, 100 W. Washington Street, Room 2001, Hagerstown, Maryland CALL TO ORDER AND ROLL CALL The Chairman called the meeting to order at 6:00 p.m. Commission members present were: Lloyd Yavener, Chairman; Ann Aldrich, Tom Freeman, Alexa Vetter, Michael Lushbaugh, Justin Bedard, Brianna Candaleria, Jean (Nicki) Banzhoff, and Tyler Milam. Staff member present was: Washington County Department of Planning & Zoning: Meghan Jenkins, GIS Coordinator and HDC Staff member. MINUTES Motion and Vote: Ms. Aldrich made a motion to approve the minutes of the July 1, 2026 regular meeting as presented. The motion was seconded by Mr. Bedard and unanimously approved. NFIA/ RI ICINFCC HTC-26-003 — 335 North Potomac Street, Hagerstown Ms. Jenkins presented Parts 1 and 2 documentation for tax credits at 335 North Potomac Street (also known as part of 337 North Potomac Street) (WA -HAG -158 and WA -HAG -159, Hagerstown Historic District and Potomac Broadway). The property owner is proposing some exterior updates and will be applying for State tax credits as well. OTHER BUSINESS Correspondence • Update on Reauest for Comment - Proposed Telecommunications Tower — 3417/3413 Rohrersville Road As of July 17th, the Section 106 review has been completed. MHT has responded there is no adverse effect on historic resources. Mr. Bedard explained that if the proposed regulation changes for Section 106 review are approved, visual effects as well as viewsheds and cultural landscapes will no longer be a consideration for adverse effecta on historic resources. The new regulations will also change the definition of historic resources. The HDC will no longer be considered as a consulting party. A written report will be submitted to and reviewed by the State's Historic Preservation Office that may then provide written comments; public comment meetings will no longer be held. More discussion will be held at the next meeting. Staff Report • Staff Reviews - A written report was provided to members in the agenda packet. • Town Tax Credit MOU Updates — The Towns of Smithsburg and Funkstown MOUs have been received; however, a signature block is needed for the County Attorney's signature. • Land Preservation Parks and Recreation Plan Initial Survey — The online survey has been left open in order to receive additional public comment. Ms. Jenkins gave a brief overview of the responsibilities of the Department of Planning & Zoning. She encouraged members to participate in the public survey process. • Preservation Maryland meeting summary/update on Price's Mill Bridge — Representatives of Preservation Maryland met with County staff on July 29th to discuss Price's Mill Bridge. This is a five -arch bridge dating back to 1832 and is owned by the County. The bridge is currently in significant disrepair and is slated for demolition per County's Capital Improvements Plan. The property owner adjacent to the bridge has been amenable to the County accessing the riverbed for clean up purposes. It has been suggested that the bridge be used as a gateway for a water trail park with the bridge being restored. However, the property owner is not amenable to giving land for a park at this time. Ms. Jenkins explained that grants for bridges without vehicular traffic are very limited. Preservation Maryland will continue to keep in contact with staff and try to assist in working with the property owner for access. If demolition does occur, Preservation Maryland could possibly assist in reaching a broader audience for reuse of the materials. • Certified Destination Ambassador Program — Ms. Jenkins gave a brief overview of a new program to help museum staff learn about new destinations, hospitality, and tourism assets within the County. • MHT Non -Capital Grant — The grant was submitted to assist in the update of the County's Eakle Mill Rural Village. • Heart of the Civil War Heritage Area — Mini -grants are currently open through October 30tH• These are also non -capital grants with a maximum funding of $5,000. ADJOURNMENT Mr. Lushbaugh made a motion to adjourn the meeting at 6:55 pm. The motion was seconded by Mr. Milam, unanimously approved and so ordered by the Chairman. UPCOMING MEETINGS 1. Wednesday, September 2, 2026, 6:00 p.m. Respectfully submitted, Lloyd Yavener, Chairman Washington County v. 07/26/2024 Application for Historic Properties Tax Credit ORDINANCE 2024-23 Part III — Request for Certification of Completed Work HTC Number (from Part I Application): .............................................................................................................................................................................................................................................................................................................................. Instructions: Fill out this form at project completion for review of the rehabilitation costs and determination of project results consistent with Secretary of Interior's Standards for Rehabilitation. .............................................................................................................................................................................................................................................................................................................................. PROPERTY INFORMATION Property Name Western half of Lot No. 87 Street Address 205 E Main St city Sharpsburg zip 21782 APPLICANT INFORMATION Name Kourtney Lowery Street Address 205 E Main St, PO BOX 387 city Sharpsburg State Maryland zip 21782 Telephone Email Address PROJECT CONTACT (if different from applicant) Name Christopher Adams Company Broad Run Construction Street Address 6400 Burkittsville Rd. City Middletown State Maryland zip 21769 Telephone (301) 371-0002 Email Address admin@broadrunconstruction.com PROJECT DATA Project Start Date 06/29/2026 Project Completion Date 7/6/26 Total Rehabilitation Costs $ 23,360.00 Total Ineligible Expenses - $ 2,340.00 Total Qualified Rehabilitation Expenditures (ORE) _$ 21 ,020.00 Page 1 1 Part III — Request for Certification of Completed Work HTC APPLICATION CHECKLIST ZApplication Form— I have filled in all applicable fields. (Check Equivalent Documentation below if applicable) EZISignature — I signed and dated the Part 3 application JItemized Expense Spreadsheet— I have included a spreadsheet of all my itemized expenses, with eligible and ineligible expenses clearly delineated. For each item on the spreadsheet, I have included supporting documentation consisting of BOTH (1) a copy of the invoice or receipt, showing which goods or services were purchased, and (2) certifiable proof of payment such as a credit card receipt or cancelled check. Photographs — I have attached photographs to support the description of work. ❑ Equivalent Documentation— lam attaching an equivalent documentation packet for review. I attest that I have read and understand the Historic Properties Tax Credit Application and that the information provided in this application is true, complete and accurate to the best of my/our knowledge and belief; and that the completed rehabilitation is consistent with the work described in Part 2 of the application process. I hereby apply for certification of rehabilitation work described for the purposes of a Washington County Historic Properties Tax Credit. Signature of Applicant Printed Name of Applicant Kourtney Lowery Date 07/27/2026 Signature of Applicant Printed Name of Applicant Date Historic District Commission Use Only The Historic District Commission has reviewed the Application for Historic Properties Tax Credit — Part III for the above - named property and has determined that: ❑ The completed rehabilitation is consistent with the Secretary of the Interior's Standards for Rehabilitation and is consistent with the historic character of the property and where applicable, the district in which it is located. Completed projects may be inspected by an authorized representative of the HDC to determine if the work meets the Standards for Rehabilitation. The HDC reserves the right to make inspections at any time up to five years after completion of the rehabilitation and to revoke certification, if it is determined that the rehabilitation project was not undertaken as presented by the owner in the application form and supporting documentation, or the owner, upon obtaining certification, undertook unapproved further alterations as part of the rehabilitation project inconsistent with the Secretary's Standards for Rehabilitation. flThe completed rehabilitation is not consistent with the Secretary of the Interior's Standards for Rehabilitation, eligibility requirements, and/or does not comply with program requirements and therefore certification is denied Date of HDC Review Page 2 1 Part III — Request for Certification of Completed Work Rear of house (after) Close-up of rear of house (after) 4. L 1ir f j1 lrµ Property Address: 205 E Main Sharpsburg, MD Part 3 Itemized Expense Sheet FOR HDC USE ONLY HTC Number:_HTC-26-002 COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN 7 COLUMN 8 Date of Payment Your page #(s) of invoice / receipt / check Payee for Item (name of contractor, company, etc.) Part 2 Work Item # Description of Expenditure Expenditure Amount Eligible Expense Ineligible Expense 5/8/2026 Check 1016 Brod Run Construction 1 Roofing Installation Deposit $9,790.00 $9,790.00 7/23/2026 Check 1018 Broad Run Construction lrev Roofing and Guttering $13,570.00 $11,230.00 $2,340.00 SUBTOTALS (will auto -calculate): $23,360.00 $21,020.00 $2,340.00 Part 3 Total Qualified Rehabilitation Expenditures as submitted: $21,020.00 Washington County - v.O7/26/2024 Application for Historic Properties Tax Credit ORDINANCE 2024-23 Part I —Evaluation of Significance HTC Number (HOC office use only): Instructions Fill out this form for determination of whetherthe historic structure Is located within a qualifying area. Owners of properties that have the Historic Preservation Zoning Overlay do NOT need to complete this form. For structures under MHT Easement, a copy of the easement document must be included. PROPERTY INFORMATION Property Name 14 & 16 Potomac St (c. 1849) Street Address 14 & 16 Potomac St city Boonsboro Zip 21713 Checkall designations that apply: LIHistoric Structure in the Antietam Overlay 1 or 2 Historic Structure contributing to a Historic Rural Village Historic Structure under MHT Easement W Historic Structure in an eligible municipality (list below) MunicipalitySoonsboro, MD APPLICANT INFORMATION Name Leslie Natalia Haardt Street Address 16 Potomac St city Boonsboro State Maryland Telephone - Email Address. PROJECT CONTACT (if different from applicant} Name Company Street Address Zip 21713 City State Telephone 0000000000 Email Address Page 1 I Part I - Evaluation of Significance PROPERTY DETAIL INFORMATION on SL role durinq the Civil as a s and merchants serving National Road traffic. As an early -to -mid -19th -century masonry double 2t retains its historic massing, roof form, chimney placement, brick construction, and window bay 14 and 16 Potomac Street reflects the modest vernacular brick building tradition of Boonsboro's levelopment period and contributes to the historic and architectural character of the disiricl Landing some later, reversible alterations (replacement doors, window units, rear ell). Page 2 1 Part I - Evaluation of Significance APPUCATIgN CHECKLIST Application Form — I have filled in all applicable fields. (check Equivalent Documentation below if applicable) r�Si nature — I signed and dated the Part 1 application I xvwnership — Ill am not the fee -simple owner of the property, I have provided a written LI statement from the fee -simple owner indicating that he or she is aware of the application and has no objection to the request for review i nificance justification— I have attached documentation to support the significance of e historic structure Photographs — I have attached exterior photographs of all sides of the structure including areas applicable to the application LIEquivalent Documentation— I am attaching an equivalent documentation packet for review. I attest that I have read and understand the Historic Properties Tax Credit Application and that the information provided in this application is true, completed and accurate to the best of my/our knowledge and belief. Signature of Applicant (✓. fO�ZLV�'v Printed Name of Applicant Leslie Al. Haardt Date 8/16/2026 Signature of Applicant Printed Name of Applicant Date Historic District Commission Use Only The Historic District Commission has reviewed the Application for Historic Properties Tax Credit Part I for the above - named property and has determined that the property: �Is located in an existing qualified area and meets historic structure rriteria flAppears to meet the qualifications of a historic structure pending designation through individual Historic District ❑Is not a historic structure because it is not in a qualifying area; does not meet criteria for local designation flis not adequately documented in the application and therefore cannot bereviewed Date of HOC Review Page 3 I Part I — Evaluation of significance k a Washington County v.0//26/2024 Application for Historic Properties Tax Credit ORDINANCE 2024-23 Part 11 - Description of Rehabilitation KTC Number (from Part I Application): Instructions: Fill out this form for determination of whether the proposed work is consistent with Washington County Design Guidelines and Secretary of the Interior Standards for Rehabilitation. PROPERTY INFORMATION Property Name 14 & 16 Potomac St StreetAddress 14/16 Potomac St city Boonsboro Zip21713 APPLICANT INFORMATION Name Lelsie Natalia Haardt streetAddress 16 Potomac St city Boonsboro State Maryland Zip 21713 Telephone— Email Address PROJECT CONTACT (if different from applicant) Name Company Street Address City State --- Zip Telephone 0000000000 Email Address PROPERTY DATA Indicate One: 1 Primary/Secondary Residence Mixed -Use OResidential Commercial 0 Other Estimated Start Date 10/1/26 Estimated completion Date 10/15/26 Estimated Qualified Rehabilitation Expenditures $ 3,000.00 Page 1 I Part 11— Description of Rehabilitation HTC Number: DETAILED DESCRIPTION OF REHABILITATION WORK Use this page to describe all exterior work and new construction. Number Feature Restore and Replace missing front railing Describe existing feature and its condition There is currently no fence, railing, or enclosure on the 155" concrete entry slab in front of the two front doors at 14 and 16 Potomac Street; the area is open and unenclosed, flush with the public sidewalk. Describe work and impact on feature Modern railings do not match with the historic exterior. After years of searching, we found one in Sharpsburg that is about 100 years old (photos attached), 149" long with ornate finials and two descending end railings spanning 24" and 32". We are going to acquire the salvaged wrought -iron decorative railing/fence (scrollwork panel design, consistent with 19th -century wrought -iron fencing) that is not original to this property. The salvaged railing is currently in storage, in multiple sections, with heavy surface rust and corrosion throughout, but is structurally intact. The salvaged wrought -iron railing will be restored and installed to enclose the small Gd u7L14ilEj�ZLCec.�y E' Photo Numbers 1-11 none Numbers none Number Feature J Describe existing feature and its condition Describe work and impact on feature Photo Numbers Drawing Numbers Page 2 i Part ii — Description of Rehabilitation HTC Number: APPLICATION CHECKLIST Application Form- I have filled in all applicable fields. Ignature -I signed and dated the Part 2 application i crrption of Rehabilitation Work- i have described ALL proposed work planned for the exterior of my I —I property. I understand that all work must be consistent with the Washington County Design Guidelines and Secretary of the Interior's Standards and be reviewed and approved by the Historic District Commission Supplementary Materials - If applicable to my project, I have attached site plans, demolition plans, arc/hittural plans, HVAC plans, replacement window/door drawings and/or product spedfications. I ,Fplwtographs - I have attached photographs to support the description of work. L❑l Equivalent Documentation- I am attaching an equivalent documentation packet for review. I attest that I have read and understand the Historic Properties Tax Credit Application and that the Information provided in this application is true, completed and accurate to the best of my/our knowledge and belief. Signature of Applicant Printed Name of Applicant �e%r. Al ,mara( & Date Signature of Applicant Printed Name of Applicant Date Historic District Commission Use Only The Historic District Commission has reviewed the Application for Historic Pmperties Tax Credit - Part 11 for the above - named property and has determined that the proposed rehabilitation described herein: ❑Is consistent with the Secretary of the Interior's Standards for Rehabilitation and Washington County Historic Guidelines, Final certification can be issued only after the rehabilitation work is completed as herein described and a Part 3 application is submitted and approved ❑is consistent with the Secretary of the Interior's Standards for Rehabilitation if the attached conditions are met. A final certification can be issued only after the rehabilitation wont is completed as herein described and a Part 3 Application Is submitted and approved. ❑is not consistent with the Secretary of the Interior's Standards for Rehabilitation, eligibility requirements, and/or does not comply with program requirements and therefore certification is denied. ❑ Is not adequately documented in the application and therefore cannot be reviewed Date of HDC Review Page 61 Part II- Description of Rehabilitation The salvaged railing is currently in storage, in multiple sections, with heavy surface rust and corrosion throughout, but is structurally intact. The salvaged wrought -iron railing will he restored and installed to enclose the small entry areaway on the concrete slab in front of the two front doors at 14 and 16 Potomac Street. Work will proceed in the following order. consistent with the Secretary of the Interior's Standards and Washington County's guidelines for treatment of historic metals: (i ) cleaning of rust and old paint using the gentlest method effective — hand -scraping and wire -brushing in the first instance, with low-pressure media ("soda" or similar) blasting used only on sections where hand -cleaning proves insufficient, avoiding high-pressure abrasive blasting that could pit or damage the ironwork; (2) structural repair by welding at damaged joints, breaks, and missing connections, using recognized metal -preservation repair methods: (3) priming with a rust -inhibitive primer; and (4) finish -painting in a color compatible with the building's trim. The restored railing will then be permanently installed along the edge of the existing concrete entry slab, rtrateFlirng the scale arid placement of decorative entry ironwork historically common on rowhouse/duplex entries of this type in the Boonsboro Historic District. The work is fully reversible, will not damage or alter any historic building fabric (brick, doors, or €oundation), and will not obscure any character -defining features of the facade. After a recent full exterior paint job, it will really top off the property nicely and help restore its historic charm to be among some of the nicest buildings in town and right on the square. It is a very visible building from the main town square and can be seen as people approach from the South along Rte. 34 and coming off the National Road from either direction. It is the first building people see when they turn off the National Road onto Potomac St./Rte 34. Photo Log 1 - Salvaged railing -- full panel, leaning against rear structure, showing scrollwork detail and overall condition 2 - Salvaged railing — corner post and baluster detail, close-up showing surface rust 3 - Salvaged railing — loose horizontal rail/hardware section, showing rust and old fasteners 4 - Salvaged railing — additional disassembled section with corner bracket, staged on gravel 5 - Rear yard of 14115 Potomac Street, general site context 6 - Sideraiiey elevation of building along Potomac Street streetscape 7 - Rear elevation, general context 8 - Rear corner elevation, general context 9 - FRONT ELEVATION — 14 & 16 Potomac Street showing the two front doors and the concrete entry slab where the railing will be installed 10 - View from the historic National Road turning onto R₹e. 34. 11- Closeup of railing installation location 4J 20260809_173731 .4, 20260809_173752 20260809 174555 20260809_174608 rt 20260819_165618 20260819_165706 20260819_165747 20260819 165750 20260819_165825 20260819_182443 20260819_183145 ESTIMATE JLGetridge LLC 133 E Main St Sharpsburg, MD 21782 240-816-1943 JLGetridgeLLC@gmail.com BILL TO Leslie Haardt Sean Haardt boonsboro md. ESTIMATE # 81132 ESTIMATE DATE 08/19/2026 QTY DESCRIPTION UNIT PRICE AMOUNT 5 concrete drilling up to 2 inch. hole 4 inch 55.00 275.00 deep 5 concrete to railing adhesive filler 14.95 74.75 8 heavy matal cut 11.00 88.00 4 welding/ metalworking 80.00 320.00 5 1' foot 1 1/4" x 1 1/4" square metal tube 18.43 92.15 3/16" thick wall 3 wrought iron railing install labor 50.00 150.00 Subtotal 999.90 Sales Tax 6.0% 34.50 TOTAL $1,034.40 TERMS 5 CONDITIONS Estimates are valid for 30 days but material pricing is subject to change daily. Final invoices are not guaranteed to match exactly. Estimate is for Labor cost only, no materials included unless specifically stated Estimates totaling more than 3k require 50% down payment prior to start of project, remaining 50% and any additional costs due at time of completion. Payments may be made via certified check to JLGetridge LLC or through Venmo @JLGLLC Washington County [FOR ANNING COMMISSION USE ONLY ing No. r Filed: _ ciD21 WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT APPLICATION Ann Aldrich and James Osen Applicant 13302 Unger Rd Hagerstown MD 21742 Address Ann Aldrich and James Osen Primary Contact 13302 Unger Rd Hagerstown MD 21742 Address NProperty Owner ❑Attorney cOther: Property Location: 13302 Unger Rd. Hagerstown MD 21742 ❑Contract Purchaser oConsultant Phone Number E-mail Address Tax Map: 0026 Grid: 0021 Parcel No.: 0100 Acreage: 33.93 Tax Account ID: 22-09-005544 Current Zoning: _Agricultural Requested Zoning: historic preservation overlay Reason for the Request: ❑ Change in the character of the neighborhood ❑ Mistake in original zoning w Floating or overlay zoning district Applicant's Signature Subscribed and sworn before me this 461* day of 20 VP . My commission expires on 4 -II_ 9 &-tt-r.cLJrCN-rt L_rGLt4Gl__ Notary Public FOR PLANNING COMMISSION USE ONLY ❑ Application Form ❑ Boundary Plat (Including Metes & o Fee Worksheet Bounds) ❑ Application Fee ❑ Vicinity Map ❑ Ownership Verification or ❑ Justification Statement Owner's Affidavit ❑ 2 hard copies and 1 digital copy of complete Application Package (3 Washington County WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT REQUIRED APPLICATION MATERIALS CHECKLIST All materials must be clearly labeled Original plus 1 copy and one digital copy (sent to askplanning@washcomd.net) of complete application package 1, Application Form: A completed and signed application form. The application must be notarized if submitted by anyone other than the property owner(s). 92. Fee Worksheet and Application Fee: A completed Fee Worksheet must be submitted at the time application is made. If paying by check, please make checks payable to the "Washington County Treasurer". If paying by credit card, the application must be accepted for completeness and initialized by the Department prior to accepting payment. An invoice will be e -mailed to the applicant and must be paid prior to the deadline specified in the e- mail. The rezoning process will not begin until payment has been received. 3. Ownership Verification: Proof of ownership interest in the subject property, including ® % a copy of the current deed to the property; OR, an Owner's Affidavit. El4. Boundary Plat: A boundary description, including metes and bounds, prepared and ®sealed by a land surveyor registered in the State of Maryland. X 5. Vicinity Map: An 8 1/2 "x 11" page size map showing the zoning of all property within 1,000 feet of the site. El6. Justification Statement: Rezoning applications for Euclidean zones must provide evidence to support the applicant's claim that a change in the character of the neighborhood or a mistake in the current zoning has occurred. Applications must address all items specified and described in Section 27.3 of the County's Zoning Ordinance, including, but not limited to the following information: Population change in the area of the proposed change. Availability of public facilities in the area. Present and future transportation patterns in the area. Compatibility with existing and proposed development of the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. The relationship of the proposed change to the Adopted Plan for the County. Development Analysis Plan Map and Policies. Whether there was a substantial change in the character of the neighborhood where the property is located. Whether there was a mistake in the existing zoning classification. Whether there has been a convincing demonstration that the proposed rezoning would be appropriate and logical for the subject property. Justification for change in the character of the neighborhood shall include: i. A description of the neighborhood and events that have occurred since the last comprehensive zoning of the property; AND ii. Describe how the request is consistent with the County's most recent adopted Comprehensive Plan; AND iii. Provide a statement describing how the requested zoning is logical and appropriate. j. Justification for mistake in the current zoning shall include: i. Describe events that have occurred since the last comprehensive zoning of the property that supports the applicant's claim that the County erred in the application of the current zoning; AND ii. Describe how the request is consistent with the County's most recent adopted Comprehensive Plan; AND iii. Provide a statement describing how the requested zoning is logical and appropriate. El 7, Floating Zone and Overlay Zone Map Amendments: a. Applications for floating or zones shall include information required by the respective Articles of the Zoning Ordinance. These include Articles SE, 15, 16, 17, 18 and 20. b. Applications for floating or overlay zones shall include select information required by Article 27.3, including: i. Availability of public facilities in the area. ii. Present and future transportation patterns in the area. iii. Compatibility with existing and proposed development of the area including indication of neighboring sites identified by the Washington County Historic Sites Survey and subsequent revisions or updates. iv. The relationship of the proposed change to the County's most recent adopted Comprehensive Plan. v. Provide a statement describing how the requested zoning is logical and appropriate for the area. SPECIAL NOTE: When requesting one of the following zoning districts, a Concept Plan (developed in accordance with the requested district Articles noted above) must be submitted with the zoning map amendment application. s Rural Business (RB) • Mixed Use Residential (MXR) • Mixed Use Commercial (MXC) • Mixed Use Employment (MXE) • Industrial Mineral (IM) ® Planned Industrial (PI) * • Planned Business (PB) * *Concept plans developed for proposed new Pi or PB districts must receive Planning Commission approval prior to inclusion in an amendment application. Justification for request for Historic Preservation Overlay for 13302 Unger Rd Hagerstown, MD Hockman Hall on the patent Little Valley was built in 1803 by Henry Hockman on the side of a small valley along a road from Bowman's Mill probably to the Old Forge mill. The road is engineered rather than a 2 track with the low side built up and walled on the uphill side as it moves up the side of the valley. The house is a 5 bay stone house built into the side of the hill with a breezeway joining the 2 story kitchen building. Hockman Hall is relatively unaltered from its building period; the windows and front door in the house have been replaced. Bathrooms, a modern kitchen, the breezeway and kitchen building have been incorporated into the house. The house & incorporated original kitchen building sits on about 45% of the northern section of the original patent along Little Antietam Creek. It is the only remaining building on the property. The barn burned in 1998 and was rebuilt on the barn foundation walls. Other foundations are located throughoutthe property. The road from Bowman's Mill is still extant through the property. The MHT inventory sheet and research by Sandra Izer on the history of the property are included in the packet. The house and Henry Hockman are mentioned in The History of the Leitersburg District 1738-1898 by Herbert Charles Bell, published in 1898. (https://arc hive.org/det�jts/historyofleiters00belllmode/2u p). Our desire is to protect the house and its environs into & through its third century and beyond. J 1 1 e\ 1 1 Ia V 200 „.�.;:,. I•• •j.- Q Aldrich HP Overlay Proposed Feet 1 inch equals 200 feet p.102 ).101 P.379 p.322 P .337 p.90 p. p.91 p.252 A(R) p .130 P .297 P.275 p.100 _2_ p.249 p.310 af20=1 I! Iji p.129 --- Neighbors of 13302 Unger Rd, Hagerstown, MD 21742 WOLF DAVID A WOLF SHANON S 13306 UNGER RD HAGERSTOWN MD 21742 HEATH MARY ANN HEATH MATTHEW PATRICK 13318 UNGER RD HAGERSTOWN MD 21742 BROOK LANE PSYCHIATRIC CTR 0 UNGERRD SMITHSBURG MD 21783 BETKER PAUL R 13202 UNGER RD HAGERSTOWN MD 21742 WALDRON THOMAS W REED AMANDA MARIE 13128 UNGER RD HAGERSTOWN MD 21742 BIELATA DANIEL J 13122 UNGER RD HAGERSTOWN MD 21742 BARNHART KRAIG D BARNHART PAMELA 13116 UNGER RD HAGERSTOWN MD 21742 SOLLENBERGER JEFFREY L 13402 RED BRICK LN HAGERSTOWN MD 21742 BUMPERS WILLIAM M ETAL BUMPERS HEIDI 21659 LEITERSBURG SMITHSBURG RD DAHBURATHOMAS H DAHBURA LYDIAALYS 21741 LEITERSBURG SMITHSBURG RD HAGERSTOWN MD 21742 BOOK: 7920 PAGE: 139 Washington Cty C4.Crt IMP fO SURE $40.00 RECORDING FEE $10.00 10Tat $50.00 %NT IP. Hay 07, 2026 When Recorded Return To: LoanGve, LLC CIO Nationwide Title Clearing, LLC 21170 Alt. 19 North Palm Harbor. FL 34683 Loan Number 0002115194 PLS ID 013 RELEASE OF DEED OF TRUST InvestorlD 122 KNOW-ALL MEN BY THESE PRESENTS, dint MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS BENEFICIARY, AS NOMINEE FOR MIDATLANTIC FARM CREDIT, ACA, ITS SUCCESSORS AND ASSIGNS, by and through die undersigned duly a thorized officer, does hereby acknowledge that the indebtedness secured by a certain Deed of 'Bust made by ANN II ALDRICH AND JAMES L OSEN, doted 13/08/2013 and recorded among the Land Records of HAGERSTOWN City, WASHINGTON County, in the State of Mni vla,BL in Book 4666 and PaPapej2. has been fully paid mid discharged, that. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.("MERS"), AS BENEFICIARY, AS NOMINEE FOR MIDATLANTIC FARM CREDIT, ACA, ITS SUCCESSORS AND ASSIGNS was at the time of satisfaction, the Beneficiary of the Deed ofTrust, and that the lien of the Deed ofTrust is hereby released.. Property is commonly known as; 13302 UNGER ROAD, HAGERSTOWN, MD 21742. IN WITNESS WHEREOF. the Beneficiary of said Deed of Ti List has caused this mshument to be executed by its corporate officer this 07th day of May in the year 2026. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MEItS"), AS BENEFICIARY, AS NOMINEE FOR MIDATLANTIC FARM CREDIT, ACA, ITS SUCCESSORS AND ASSIGNS ,2 ALAN BAKER VICE PRESIDENT All persons whose signatures appeal above have qualified authority to sign and have reviewed this document and supporting documentation poor to signing. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing wsmmment was acknowledged beforeme by means of (XI physical presence or ] ] online noladzatioti on this 07th day of May in he year 2026, by Alan Baker as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MFRS"), AS. BENEFICIARY, AS. NOMINEE FOR MIDATLANTIC FARM CREDIT, ACA. ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He/she/they is (are) personally knoxm to Be.i 'SUSAN KLEIN �� XOommisslah # 110 al ftorlda Coin Comma si NX 809530 S AN KLEIN o •; My Co mlaalon 5xplraa f4btoet 70.10Y9-. COMM @%PIERS; 7/38/2029 LC002451717503 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (MERS) MIN 101103102000291530 MEWS PHONE 1-8SS-6796377 MFRS Mailing Address: P,O. Box 2026, Flut, MI 4 85 01-2 026 DOOR T072605-07:21:21 (G1] ERCNMDI IIININIIIIIIIIiMHIIIIIIIIII IIIIIIIIIIIII IIINIVIIIIIIIIII IIII�IIN� "D012N{41Th EVARISTO & ENID LARDIZABAL SCALE 1°=200' 5-21-01 N/F Ic^ THOMAS S912 DF '3 l �� 1128 FA 596 N/F DAVID & SHANON WOLF L 757 F 232 - 100.46' 5.9pEItl5LxuG S562'00`E t?MT wax Pw 5543.75' E 29J.78 43,75' O N g � � I REMAINING LANDS OF EVARISTO & ENID [[Nctuxc LARDIZABAL THEE L 710 F 269 33.93 ACRES PO 1116ffif ,1nc IThATAL 1X65A PVT 1IIE [W wA1KCWINCAS LD.LL UKF RSnRLY OA E SL'cf 11L40 A. 1HK TN[ 11n0 IgNU1 EflE WAS HPD K IN[ PPO/O11Y tMCS6 t M s[rL WLW9'JRAMx C l &MROs .,.. ; fltD ^m N es l .. TO UYM 5GNN jQAEA AR[ O M ml RDw811B WS MMR1T0 BI GOO V. I$O M0 To BIA%t10 L 1 AI O 5 A V. IMC WI IN DUO OF W HOIIOTO H. MD. AVD RDa9D Al LOM 710 FD sm ALRRN THE I ffl D WA9 W(W o0., 0. /7 rri PONT ON STONE ROW 387.20' IRON Pw S'29'3/"W sfi N/F / KRAIG & PAMELA FPAUL &.CATHY BARHHART EEIXER "F1 l 1120505FF 9 984 L 553:F 185 GRAPHIC SCALE )00 0 '00 200 900 BW III H ( IN FEAT /.. 1 inch = 200 ft FREDERICK MBER T OF! S EIBERT & aAre A 0 Copy II 22.V!sr+ .)Q4m WA -I-148 District 9 Map 26 FM MARYLAND HISTORICAL TRUST WORKSHEET NOMINATION FORM for the NATIONAL REGISTER OF HISTORIC PLACES, NATIONAL PARKS SERVICE �= COMMON Little Valley AHDIOR HISTORIC, Ail Y v- r 'ua STREET AMP NUMeta, CITY OR TOWNS STATE COUNTY, CATEGORY OWNERSHIP STATUS ACCESSIBLE (Ch.ek On.) TO THE PUBLIC ❑ Oltlritt ® Building 0 Pbll. Publl. ACaui.ltion, ® OCc.pl.d Yne p 50. ❑ 5rrucmr. ® PNY•b Q In Pre ❑ Unoceupbd Q Raai,leted ❑ Ob.ct Q Bea, Q going Cmi.ld.r.d 0 Poservetion wak Q Un..RIct. In Progr... ® N. PRESENT USE (Coast Ode at Ma. a Afl. t1 a) ® AE.leullwal 0 Qov.ma.n, ❑ Park ❑ Tran.P,.b.l.n ❑ CooRm't. o Commercial 0 InduMnal ® Private Rssld.nc. 0 Other (EW.ele) Q Educational 0 Military Q R.Hgi.u. ❑ Ent.nainm.m 0 Mu. u 0 Selenrlee S NAME, E. R. Lardizabal, M. D. STREET AND NUMOEW Route # 5 CITY OR TOWN, •TATEt Rageratwn Maryland 21740 COURTHOUSE, REGISTRY Or D[EDS, ETC, Washington County Court House STREET AND NUMBER, West Va.hinwton Street CITY OR TOWN, STATE Ra erstow Maryland 21744) itle Ref r TmeDP.umvtY, ❑ Fda.l Q Slab 0 County ❑ L.cd CBPOSITORY FOR SURVEY RECOR04 STREET AND UMBER, CITY OR TOWNS ETATE, 1WA -t- iY pi. IaTJOM (Cheek One) CONDITION 9 Eeadlml ❑ God 0 Fair ❑ Deteriorated 0 Rub,. D-Dmapa..d fcheeA One) (check One) tJ AD.,.d a 50% ❑ unaltered O Moved R1 O'IoInal Sit. DESCRIBE THE PRESENT lID ORIGIN AL (1( bnom) PHYSICAL APPGMNCE This house is located north. of Unger Road and west of the Lettersburg-Saitheburg Road about one and a half miles south of Leiteraburg in Washington County, Maryland. It is situated on high ground above the Little Antietam Creek and faces west. The structure is a five bay, two and one half story stone dwelling with a two bay, one and a half section extending to the rear or east. The entire building is constructed into a slope so that its north elevations are higher than the south walls. The house is constructed of roughly coursed local fieldstone with somewhat finer work displayed at front elevation. Plat arches of carefully cut stones are displayed over the openings at the front and south elevations of the mein section. Set in the south gable is an arched tablet surrounded with carefully cut atones and topped with a slightly projecting key stone. The tablet is inscribed, * g.& B. aockman, 1803. Openings appear to be spaced evenly in the front elevation. The windows have moderately wide frames which do not appear to be original. All frames hold six over six pane double hung sashes which also appear to be replacements. Some windows at the south elevation of the main section are flanked with louvered shutters. A window in the south elevation of the rear section is flanked with heavy raised panel shutters. The main entrance to located in the center bay of the front elevation. It is quite simple in appearance with a narrow transom present over the door. A modern shed roof porch shelters the entrance bay. Other entrances are located in the south elevation of the rear section and in the north elevation of both sections. The roofs of both sections are covered with asphalt shingles. They terminate at the end walls with barge boards which appear to be modern set directly against the end walls. Brick chimneys with corbeling at their tops are located inside each gable end of the main and rear sections. The house is in excellent condition and is located on a tract containing 33.97 acres. Immediately east of the structure is a stone subterranean root cellar. North of the house, near the bottom of the slope is a stone wall which could possibly have marked the course of an earlier road. Other buildings related to agricultural use are located southwest of the dwelling. we m In I -B wAZ/%11 w W N i= PERIOD (M.ah On. or Mot. a Appapbrq ❑ P,..C.IunNon 0 16th C.nerry 0 18th C.nlxy ❑ ]0h Century ❑ 15th Century ❑ ITh C.nary KI 19Th Caary SPECIFIC DATE1SI m Appliaw. .ndanaRp 1803 H.& B. ROC a51 AREAS OF •IONIPICANt6 (Ch.cd On. x MPO., APMpd.b) Aber 1pinal !J EducaNxa ❑ Palilicdl ❑ "M1aa plalminp ❑ PnM.lcIe D Engineering ❑ R.IlpinaPhi. IJ Other (sp.clty) ❑ al.terle ❑ Indv.m Ie.ophy ❑ AgnCWmte O Invention 0 Seiace Attthlbctvr. O L.nd.cop. Q 5roIPWr. ❑ AR ArehR.avra O 5eeialfuman. fl Canm.rc. O Literature Reran ❑ Canmunis.na, p Whimsey 0 Theater ❑ Caarv.,ion n Music 0 Transportation .TAiW W T OP SIG NIFlCANCE The major significance of this house is its architecture. Dated 1803, and inscribed with the name of its owners, Henry and Barbara Heckman, the structure provides a valuable record of Washington County's domestic architecture from the period of the turn of the nineteenth century. * The deed records for this property are not complete. Records do show that Henry Heckman purchases parts of "The Resurvey of Burkharts Lot," "Little Valley" and "Cheney!e Choice," from Casper Swank in 1785. Heckman retained the property until his death in 1813, leaving it to his wife and upon her remarriage, to his grandchildren Henry and Polly Schneider. No further transactions could be located until the mid - nineteenth century when the property was in the hands of the Bell family. * The house is an example of a five bay center door plan dwelling. Many similar structures of atone are to be found in Washington County, dating from the late 18th. through the early 19th. centuries. They comprise a major building type in Washington County. PS 700 WA -1 Iy7 :fl Bell, Herbert C. 7(iatory of Leiteraburg District, Leitersburg, Md: Herbert C. Bell, 1908 Uashington County Land Records. Washington County Probate Records. LATITUO AMP LONGtTuD6 COORDINATES 0 LATITUDE E LONGITUDe COORDINATES 06 RIN INB DCf nll G A RECTANN GLE 1. C T N6 THE XCPROPERTY THC CENTER POINT OF A PROP,PE R of LESS THAN x ACRE GOflWE L&TITUPE LONGITUDE LATITUDE lONO1 TVDE DIE... Mind.. 5emnd. Dep..s Minul.. S.c.nd. D.v. Minutes S.acnd, D.c. Minul., S.00ad, NW ^ o 1 D 0 NE a SE a • a APPROXIMATE ACREAGE OF NOMINATED PROPERTY;33.97 Arrpn Acreage Justification: ,,"F0RM:PR R BV"9, NAME AND TITLE: Paula Stoner Dickey, Consultant OflSANILATICN DATE Washington County Historical Sites Survey September, 197 STREET AND NUMBER, Court llOngg Annex CITY OR TOWH STATE State Liaison Officer Review: (Office Use Only) Significance of this property is: National O Slid O Local 0 Signature N m m z N PI O z N DEED RECORDS - ' WA -I-148 /i>..c, ....,., Liber Folio 412/547 August 27, 1964 Grantors: W. Paul Settles & P. Virginia Settles Grantees: Evaristo R. Lardizabal & Enid V. Lardizabal "Resurvey on Part of Burkhart's Establishment." 50 acres and 34 perches Liber Folio 244/1 October 16, 1949 Grantors: Melvin V. Stouffer & Orpha E. Stouffer Grantees; W. Paul Settles & F. Virginia Settles Liber Folio 197/664 March 5, 1935 Grantor: Edna Brandenburg Grantees: Melvin V. Stouffer & Orpha E. Stouffer 55 acres and 34 perches Liber Polio 197/663 March 5, 1935 Grantors; Melvin V. Stouffer & orpha E. Stouffer Grantee: Edna Brandenburg Liber Folio 154/89 November 8, 1918 Grantors: Eliza J. Kline, Executex of William L. Kline Grantee: Melvin V. Stouffer $3,000. 50 acres and 34 perches ,er Folio 122/685 December 19, 1905 Grantors: Lewis S. Ground and Henry C. Diebert, Attorneys in Fact. Grantee: William L. Kline For the heirs of Henry J. Clopper $2312.07 Liber Folio 104/578 March 30, 1896 Grantor: Samuel J. Clopper, Executor for Henry J. Clopper Grantee: George H. Clapper, etal. $2515.64 Liber Folio WMCKK 4/257 December 19, 1871 Grantor: Daniel Mentzer, Trustee Grantee: Henry J. Clopper Equity Case #2260 Parcel I - 50 acres and 34 perches Parcel 2 - 12 acres and 72 perches Liber Folio IN19/277 March 10, 1866 Grantor; Frederick Bell Grantees: Daniel Mentzer & Lewis L. Mentzer 1 Liber Folio B/257 May 29, 1812 Will of Henry Hackman. (Continued) wA -z-iy� Liner Folio '448 April 7, 1785 Grantor: Casper Swank Grantee: Henry Harkman "Little Valley" 18 acres. "Resurvey on Burkhart's Lot" 22 3/4 acres "Chaney's Choice" 27 acres. a L% .+� tr � P � u• • i ' ) )'?E � t z � ,))) o((? /a;.: �l ,. , — I .� e , • is O •tio �� 1n `• f J \ •� p.{ opt YrkT r1d1La..a� � •o c ; / / ; JA -"L4 ° \i7° \SrNfZJ C':; . Y e G� J r1 n �,p I1*.c- • 7 •'� WIQ L/YY L llf 6n-aN /n ,a / �y ry ,Pes'eYra'Li G S,id4 /zzv The Hackman's were from Warwick Township in Lancaster County, Pennsylvania. Reportedly, Henry was the oldest child of Heinrich Hackman (1731 -after 1792) who had immigrated from Ibersheim, Rheinhessen, Hessen Lande, Germany in about 1753. Henry Hackman appears on the 1781 tax rolls for Rapho, in Lancaster Countyin 1781. On 7 Apr 1785 Casper Swank sold to 26 -year old Henry Hackman and his wife Barbara, three contiguous tracts of land in Washington County, Maryland,' Part Little Valley 18 acres, Resurvey on Burkharts Lots 22 3/4 acres, and Chaneys Choice 27 acres - which total 67.75 acres. On the 16 Mar 1798, Henry Hockman requested a patent and acquired a survey for his lands that he called Hockmans Hall. The patent for Hockmans Hall was returned on 31 May 1805.2 Sadly, the original patent Is badly dam- aged and barelylegible. Transcribing it would be a task Hockman's patent would have included vacancies that existed between the original three pat- ents. Therefore, the final patent was returned with a total of 76 acres, Inclu- sive of vacancies. As it takes several years to construct a fine stone home, it is easily assumed construction on the Hockman house was begun as early as 1800 and com- pleted in 1803. This is verified by the date -stone H & B Hockman 1803. Likely in ill health, Henry offered his property for sale in September of 1811 as evidenced by an advertisement In the Hagerstown Maryland Herald. It did not sell. Henry and Barbara had one daughter Elizabeth, who married Schneider. The Schneiders had two children, Henry and Polly.3 Henry Hockman died at age 54 on 19 May 1813. His daughter Elizabeth Schneider predeceased him. Hen- ry Hockmans will left a life estate to his widow Barbara, with the property to eventually be devised to his two grandchildren Henry and Polly Schneider.' On 1 Apr 1826 Barbara Hockman sold to Andrew Stephey for $200 all the lands of Hockman Hall. This deed appears to be the release of the dower rights of Barbara Hockman. The deed confirms the lands were Barbara's by a life estate provided by the will of Henry Hockrnan. No acreage or metes and bounds given' ND. All our That same day in the following deed, l April 1826, sister and brother Henry and Polly Schneider sold to Andrew Stephey the tract called Hockman's Hall, a total of 75 acres for $2,250- a fairly substantial amount The deed relates that Henry Hochman did ". give and devise to my grandchildren Henry and Polly Schneider children of my deceased daughter Elizabeth Schneider (after the death of my wife Barbara) all my houses and lands. . goods. . monies and personal estate," granted by patent 7th May 1805. .75 acres. I WCLRD/448 2 Patent JC No2 Folio 585 Certificates, Patented, WA 1805/05/31 Hockmans Hall, Henry Hockman, 76 Acres Patented Certificate 436 MSA S1208-483 3 Hockman, Robert. "Descendants of Hock man/Hagman/Hagmann. Report to Hockman Tracey, Wash- ington, USA. held by Robert Hockman, Texas, USA. 4 WB1B257 5 HH1101 Pubic Sale. 1t ibl r hr Bold ItPublk Stale oo RRi• 1:f h AY tlie:lath ik;-of Hard si�xt. at this tubatribtr a reskience, (fotmer)rr' iiuown by tbo napte of IHocttnnl i glace,) about one -mlte from Lcitersbur5, and atilt frossl.Uell'a Mill; foffotals� properl,'vir. • '' rQliY��t1i' ONE ELEGANT BROOD MARE,' C4W1,SHEEP & IWGS: Qno onrioty bead *.road Wagon, cite set of Uiaeksmith'sTools, Ploughs, Harrow, Hume Geart;a Windmill,ur cair Hemp break, some Homp Secd, and a number of oyter)aannin6 Uteasdr,and many other artidea too tedious to mention. slit will conuntote at 9 o'clock, when due utteadsnc* and a rearouable credit ealll be given, by1. P. S?EPHEY. February 26. 33—ta. N. D. T•he above property will lost= steely be sold to the hlghe:t bidder, o, the wbscrihev iitipdsto quit foratins. Barbara Hockman (12 June 1760-11 Jul 1832) died six years later and is buried at St Paul's Lutheran Church Cemetery, Leitersburg MD. Andrew Stephey owned the property only three years when lie died in 1829. Fol- lowing his death, there are several deeds transferring the 75 acres of Hickman Hall from Jacob and Samuel Stephey, heirs of Andrew Stephey to John Jacob Stephey on 13 Mar 1832 for $480.6 Then another deed transferring all of Hickman Hall from John Jacob and Catherine Stephey to Andrew Stephey on 21 Apr 1838.' These deeds seem to reflect an attempt by the Stephey fan property to their children for a low cost, likely holding a private mortgage. The attempt must have failed as on 12 Mar 1841, John J Stephey and Ann Mary, Andrew Stephey and Ann Mary, Samuel Stephey and Mary, sell to Henry Powles of Franklin County, PA., Hackmans Hall for $3,000. The deed confirms the property to be the same "conveyed to Andrew Stephey (deceased) on the 1 Apr 1826 for 75 acres. Henry Powles owned Hockmans Hall for 10 years (1841- 1851) before selling it on 5 Apr 1851 Jacob Hartel (Hartle) for $3,750. The deed and acreage are consistent, naming Harkmans Hall at 75 acres.8 Jacob Hartle died prior to 1860 owning the property. Abra- ham Strite was appointed executor by the Orphans Court to sell the 75 acres Hartle had purchased on 14 Mar 1851 from Henry Powles. Frederick Bell purchased the property for $3,525 on 13 Mar 1860, Frederick Bell was involved in politics, and seems to buy and sell a great deal of property in the Leitersburg area. Frederick defaults on his mortgage and the property is transfered to Daniel & Lewis Mentzer through the Wash- ington County Courts Equity Court Case 2260 on 1 U Mar. 1866.10 Frederick died in about 1871, as in 1872, the home of widow Susan Bell in Leitersburg was sold for debts. It takes until 19 Dec 1871 for the property to sell to Hen- ry Clopper. The property was apparently subdivided into parcels, with Clopper buying two parcels, the first 40 acres and 34 perches, the second 12 acres and 72 perches. about 52 acres." 6 NN/244 7 TT513 8 9 IN14/619 10 IN19/277 11 WMCKK 4/257 lily to distribute the ► 1RUSTMES, SALE VALl;Al1Lt3ItEAL ESTATE , 1/,1N& I NMat Y•,., t1,",4 w,l• .".& tr n-1,,410 x.n s,...,.,...,.'..n,., 11,,0.4 V.11•, .n 1•• 4,wa l,,.h u•., ,.I MIS, I. K:1.r1b. (Salt N..1. to N.,..,r... A Oa TIN2l1Ay, Frhrnnry, 1&l, Je9, .l• 191s. Yt nM►L tot Loh. t too,.. D. Aa• 1wwON, at.1•all. I* telw.1.,r. •.4151 w•Nua 6.. 1►• Y.nN1. 11NNt Ma rwbOf- M,J I. .t.,l-NN•, on , or.. u.. uy..... •, Y, l.$1g g 1.r,r11.a 1.1001. 11..1 641., iw.N. No. oat. —A rarai toatotmtag abet HS ACRES 08 101.7 L{mrueae Leu f, la / 0111 .:14, a.•I,•a..ul NQoi, i,,q.1Mqa 4Y oailr. 1,. i.t.. T/:hrl.Ia n,Ib ♦ STV16 t)wRiw.rnu Hvves, �.4►. na a.+lala 4 T. a oak, .s•vi cr rr.ss, l.i•.I.l slat.*, n1 •ti..ekry Oo1aa1111•H1 4rtLard of Eaecilwt mutt Tres. it .0...r all Mt'yW.'�!�r ..�1 Wa' 01. No. I —About Zt Acres or Maaataiu LAND Ki'::a1..5,11 t 1.10*. X..IM i r u, .0*,.. I. .ulbai 1..'M1rr. 5..I.. wike O* 1 y n.akwa P.D.A. It. TN Nair,,..iw.r n.•hlrr• 0rw,r,•t t.. -.o A:,., .,. c. III .1/. .41 .ssI. .050, 114440*tl 1N 10*0.' ".-I. 111. 1.•y Q. r...i•a a p T LaYa 4 1.i ... K0I... mnm,.N y Y 1 wl 4tr.. 1, .n0frywr�f . ..r.i .1 Ill 1111& p, w..l., .fk i.4nY Fw00*0 110, Ww LII IS YSNra10. La 1Y1a R aLN rLLR. 1)UBLlc SALEOF _VALUABLE Samuel Clopper would own the property for 25 years, but he lived closer to Leitersburg in a two-story brick house was advertised by his executor Henry J. Clopper in 1896. On 30 mar 1896 Henry J Clopper, executor sold the property to George Clopper for $2,515.6412 19 Dec 1905 122/685 Lewis Ground & Henry Diebert Attorneys to William L. Kline 8 Nov 1918 154.89 Eliza Kline Ext for Win L. Kline to Melvin Stouffer $3,000 50 acres 34 perches 5 Mar 1935 197/663 Melvin & Orpha Stouffer to Edna Brandenburg 5 Mar 1935 197/&64 Edna Brandenburg to Melvin & Orpha STouffer 55 acres and 34 perches 16 Oct 1949 244/1 MElvin & Orpha Stouffer to W. Paul and F Virginia Settles 27 Aug 1964 412/547 W. Parl & Virgina Settles to Evaristo R. Lardizabal & Enid 50 acres and 34 perches Resurvey on part of Burkharts Establishment 12 104/578 1_Front Facade, facing NE 2_front facade_far_facing northeast 3_Eastern facade, facing N II -. / 7/ t.ggl I If ' :;: ET. }�s �'✓ } . '/4 V 1 r (__ __ 4_Eastern Facade datestone detail 5_well pump house, adjacent to east side of house 6 window detail, rear facade - 2\ -.-z �. =! \+ - - - - -= 2 2'29=ate � 7_Rear Facade, facing S 8_origin al window detail � : { \\ ! k � 2. -. I �E f y'as ' �� 2i} 11_Rear Facade, facing south v«9%.. � ii:. � � �.� , � �TN:c 1 , \� : ' � 12_Rear facade, west side, facing S F 14_ door detail, west side of house, facing northeast 11 13_facing SE, rear section at filled opening k w 15_western side of the structure, facing east pr ______ 16_northwest side of the structure where wall meets / - _______ : i___ xF i'• '{'r'�y -`+4 �: .r.. ,t _ �� fib" � 'r • may} - r � : -,z _ a SFps {'+ ri -tea f'�•' '� '. fir..'. ' Washington County FOR PLANNING COMMISSION USE ONLY Rezoning No. D Date Filed: WASHINGTON COUNTY PLANNING COMMISSION ZONING ORDINANCE MAP AMENDMENT APPLICATION Washington County Department of Planning and Zoning Applicant 20245 Mount Aetna Road, Hagerstown, MD 21742 Address Meghan Jenkins Primary Contact 747 Northern Avenue, Hagerstown, MD 21742 Address (Property Owner ❑Attorney ❑Other: ❑Contract Purchaser ❑Consultant 240-313-2439 Phone Number mjenkins@washco-md.net E-mail Address 20245 Mount Aetna Road, Hagerstown, MD 21742 Property Location: Tax Map:50 Grid:22 Parcel No.:4 Acreage: 244.7532 Tax Account ID: 10-031788 RT- Residential, Transition HP Overlay with RT Current Zoning: Requested Zoning: Reason for the Request: o Change in the character of the neighborhood ❑ Mistake in original zoning AMANDA HART BROOKS NOTARY PUBLIC MARYLAND MY COMMISSION EXPIRES OCTOBER 6, 2027 loating or overlay zoning district Applicant's Signature Subscribed and sworn before me this_/ (7/ day of , 202k' My commission expires on O Zc-2 M Application Form ❑ Fee Worksheet ❑ Application Fee ❑ Ownership Verification or Owner's Affidavit Notary Public FOR PLANNING COMMISSION USE ONLY • Boundary Plat (Including Metes & Bounds) A Vicinity Map A Justification Statement ❑ 2 hard copies and 1 digital copyof complete Application Package ifr :710.475 ( Ft Rmr ELECTION DIS-r 18 N'], 0.655 wC • s = ro, r, :v e ( • I /� + ! Total + 1f • + • ,+' #1.813S12E \` / County/CCN4 dL Rev'I star 03% (1 ifRy ( / I z 1 d1' �•a � � RylJ� � � o � Y RrnG � ' 14 15 `,1�\ �� �� RyD �F� Uro/2r `145yJ a 5 t- \� 0 0 PAro PARCEL AA 1 �� ; F l/ ST 7 �' y/ / / ^. Ny AREA= 1,432,6495O.FT. i5 BLUE LINE STREAM\ soo //\'�{/�//, O 0 8 O //HAGERSTOWN / OR 32.8691 ACRES± PARTIAL RELIEF 41'41��� \/ -- `-'-!'° = /h�OJ0/� (SEESHEET 3): ARTICLE IV, SECT( N-\ _� a'•..-,:. 2/i �/pD - SEE NOTE 13 (SFET S). \ ."R C Rm£� y SSA j eq��y/{T Viicnity Map Scale: " = 2000' t {j Rg4 ,'v. 15 13 JossR� Rt)(' v d� �f 7 d/' / ��/2J k I �,,! > ; d � l $ ` TRACT N0.1 �. p�._� - + 11 �o �gf) ,.,.� (BLACK ROCK GOLF COURSE) !fir/W - a '� PARCEL A 12 081 973 SOFT OR 277.3639 ACRES± / 7 I / /' ' II ,g y I -� I _— yam / / G� y' q -,PARCEL 1A 1432649SOFT OR 32-8891 ACRES± / 9� 111 •I 7 PARCEL 3A - 7,153 SO FT OR 3.1177 ACRES± i - , I ' PARCEL 3A'- 757,1535O.FT. OR 3.8077 ACRES± I I PARCEL'1B'+ 14335S0FT OR 40022ACRESS 7V r, �', ssB (TOTAL AREA TRACT NO.1 -10,661450 SOFT. OR 211.7532 ACRES± I • �_,...-- - 540 /�w.� / 111 >� - y e F<C� �o / 6 r9 NaR J i � Jiw HOC 1' 1 0 .,,T ° �2�2 1 �1cRCELA. �� T f M.50, P.4. GRID 22 b]0': 6+0 R 1 ?�- /-/rrp' PARCEL 'B' na`° (SEESHEETS3&4) fib / 25 330 p M.58, P.439, GRID 4 — PARCEL '1 11C ORIGINAL AREA = 12,081,973 SO FT ` _ I Amp n�y'y ORIGINAL AREA 1014645SO FT i (P/C PARCEL' B') /A) OR 277 3839 ACRES± /b 4+ 9 OR 24.4409 ACRES± - ' - AREA = 1]4,335 SOFT. - / ;5 � 09� `b ro �'G (SEE SHEET 2) 8' R S - O 4.0022 ACRE ± RmC Ja ®�R>�9H •°e C . / • (SEE SHEET 3I try J ., J.,. i •s ce�s'y �,+ • i •- P' RyC ® s5o i. - . / .+�.,,y 1 sr y RmR o R : -PARCEL 2A P"' h (P/O PARCEL m81 I1 I i '�.../,... - AREA -5056 SOFT NC/' 1390 , / "'I•••-- R01 61 ACRES± I ..... .�} - (SEE SHEET 3) -/ - I Rpn l 1 P RmD 1 I PLAT NO. a 550 c6 TRACT N0.2 U (WASHINGTON COUNTY REGIONAL PARK) -- - BLUE LINE STREAN}, J. �I 1 DATE: S �Y�a /1.NL1, PARCEL B 1064645 SOFT. OR 24.4409 ACRES± sue' - PARTIAL RELIEF ''- PARCELG + 6059135O.FT. OR 13-9099 ACRES± Cj 5, �PARC�L'3A' / _ ARTICLE IV, SECTION 409 �..„,,,w _ o PARCEL D +1522727 SOFT OR 34.9570 ACRES± 4 / (PlOPARCEL 'A') SEE NOTE 13 (SHEET 'S I •/ WASHINGTON COUNTY I PARCEL iA +1 432649 SOFT. OR 32.8891 ACRES± 57r / AREA - 157,153 SOFT. f• Bp ./Y. ,•,+f • if PARCEL 2A 5,056 SOFT. OR 0.1181 ACRES± OR 3.6077 ACRES± / 50 4� s PARCEL 3A'+ 15],153 SOFT. OR 3.6077 ACRES± /:. (SEE SHEET2) • ;y �, PARCEL18'- 1743355OFTOR 60022ACRES± ;9 Ai' p a- -g OWNER, /,,`3) 2 _- TOTAL AREA TRACT NO.2 = 4, 613,808 SOFT. OR 105.9185 ACRES± 4 . --_.moo Rmb B.O.C.C. OF WASHINGTON COUNTY, MD (�• �.'•- .-•,,,,,. ..arc..._ / ,���"' HAGERSTOWN, MID 21740 / �l , Rm8 ' PARCEL'O' • -� 31 Z. /c- — W!TLANDSDELINEAnoN /. 3" II 111 MAREA=1,5223/ / 0 ;\s�'• � (SEE SHEET 4) �- .,_„�_ ,� R117 ✓ GRAPHIC SCALE ORIGINAL AREA=1,522,727 Sp.FT. �, OR 34.9570 ACRES± '�°- 3 �� RyLY ':-^• a ,so wo Sao ,aoo , (BEE SHEET 2) �� NcGr �" � � Ln , / - 4 ro �� �'M m( — 1y"R 'F ^l i J 1 inch FE300 ft. A\V ) WASHINGTON COUNTY, MARYLAND ci, DIVISION OF ENGINEERING sea �� fff 570 TRACT NO.3 • / Washington County Administrative Annex Building r R ( M80 P4, GR1O22 a 80 West Baltimore Street, He erstown, MD 21740 Soil Types LEGEND (From USDA Soils Mop1) y Ln 'I Ft (Funkstown Silt boom) = 75.5 acres± (4.2%) AREA= 648,518 SO. FT. Ha8 Ha erstown Silt Loam, 3-8 /t)/ % Rm8 /OR14.8879ACRES* APPROX.100YR. Boundary Survey & Re -Plat ( 9 percent ssopees = 73 Acres± (20%) I'. (SEE SHEET 4) FLOODPLAIN Lands of B.O. C.C. of Washington Count MD NaG (Hagerstown Silt Loam, 8-75 percent slopes) = 02 Acrest (01%) �' ✓� y, • HcC (Hagerstown -Rock Outcrop Complex, 8-15 percent slopes) = 90.8 Acres± (249%) / -SEE SHEET 2 FOR SURVEY NOTES AND LEGEND- ± / EM (Lint/side Silt Loam) = 76 Arrest (24%) k,•,,, -SEE SHEET 5 FOR GENERAL PLAT NOTES BLACK ROCK GOLF COURSE & REGIONAL PARK Rm8 (Ryder -Duffield Channery Silt Looms, 3-& percent slopes) = 74.5 Acrest (20.4%) • -•N AND LINE TABLES FOR TRACT NO.1 & 2- RmC (Ryder-Du(field Channery Silt Looms, 8-15 percent slopes) = 783 Acrest (21.4%) Situate along the Southern margin of Mt. Aetna Road, • RmD (Ryder -Duffield Channery Silt Looms, 75-25 percent slopes) = 77.2 Acres± (3.7%) THIS SHEET PROVIDES OVERALL approximately 2,750' West of its intersection with White Ry8 (Ryder -Rock Outcrop Complex, 3-8 percent slopes) = 2-.5 Acrest (0.7%) DETAILS FOR TRACT NO.1 & 2 Hall Rd, and contiguous with the Easternmost lines of the Rye (Ryder -Rock Outcrop Complex, 8-15 percent slopes) = 46.0 Arrest (72.6%) subdivision known as Fairway. Meadows in Hagerstown, MD RyD (Ryder -Rock Outcrop Complex, 75-25 percent slopes) = 70.8 Acrest (3.0%) HIGH SOIL ERODABILITY 5cR (Swanpond-Funkstown Silt Looms, 0-3 percent slopes) = 77.5 Acrest (4.8%) • (SEE GENERAL NOTE #11) SCALE: 1" = 300' I DRAWN BY: G.CULLER I DATE: 4-26-2022 I DRAWING NO: 22-074 I SHEET NO: I OF 5 t) ) (1) ),1 11/ 1tics- c 2 sc' 9 2Oq —1 ............ ............. ............ ELECT. DIST. 17 (HAGERSTOWN CORPORATE BOUNDARY) LOT 21 PROPERTY MAP NO. 50, PARCEL NO. 1651rLJ m PARCEL'1A' i FAIRWAY MEADOWS, SECTION W PLAT NOS.2768-2769 1oB?(P/O PARCEL'A')J(SEE SHEET3)AREA1432,649 SOFT. OR 32ACRES*(SEE SHEET3) 5/e'Rebor LOT 10 :�- 1 ( o, lz S 74'04'13" E 44242" ,r S 7450'11' E J70.6T1 BLUE LINE STREAM ••. roe. P TI F 5 72'12'07" E 498.15" LOT 22 LOT 23 PROPERTY MAP NO. 58, PARCEL NO. 442 FAIRWAY MEADOWS, SECTION 'B I" Iron (LOTS 21-32 SHOWN) (Not PLAT NOS.4319-4321 LOT 21 N/F KIRBY A. FRANCIS & JUSTIN MYER KERSHNER L.5386 / 445 LOT 22. N/F JOHN D & PAULA S. KESSLER L. 1494 1.725 LOT 23: N/F RANDY D KOONIZ L.4448 e.1 LOT 24' N/F JEAN & LOUAN SMNT HILAIRE L.6778 1169 LOT 25, N/F RONALD C. & JULN M SUFFECOOL L. I IJ3 /25 LOT 26' N/F WILLMM BRAN INDLEY & MELISSA LYNN ?WLE✓ L.II1J f.577 LOT 27: N/F ANN & RONNIE Al L.1780 / I5 LOT 28' N/F ANDREA M CH4VAPRN SALALW & GERMAN EDWRDO CHAYES MORA LSB2J 1.413 LOT 29: N/£ AUGUSTO ALFARO & CINDY C. POOR'l Z L.6885 1.256 LOT 30: N/F SUNG HUN KANG L.4528 t1J4 LOT J1: N/F LAN RONALD USKER & HELEN E TASKER L.1157 r488 LOT 32' N/F ANDREW 0 TADOEI L. 4493 1332 AR AL REUE �Bf, 1" Iron ARTICLE IV. SECTION 409 Jt Pipe F. SEE NOTE 13 (SHEET 5) 1®. p PARCEL 'B' '� PROPERTY MAP NO58, PARCEL NO.439. GRID 4 LOT 14 ' N/F BOARD OF COUNTY COMMISSIONERS OF Pipe ma. Z\.. •♦ WASHINGTON COUNTY, MARYLAND On une7 C S S'., PROPERTY LINES Ll� Br vAGr£D • LIBER 913, FOLIO 32 H R9�uj�y, / AREA OF PARCEL 'B 1,04.645 SOFT. OR 24.4409 ACRES* LOT 15 1J• O"' AREA OF PARCEL'B' 175874 SQ.FT. OR 1.0329 ACRES* ' FSi ., 9HBO• lZ AREA TO BE ADDED TO TRACT NO 2: 888,971 SOFT. OR 20.4080 ACRES* —LOT 26 I. Iron< Toe End. LOT 27 gE •Yc \•A. PR 641 S•'' lm I' ran NR7y AA rs ,I\ 1 O1•.. Rp. Fnd �h R [J�o.I P.. PROPERTY MAP NO. 58, PARCEL NO. 148 •\ LOr 28 \ (O °) H'4 N�OpNQ ,& CF4JB _ FAIRWAY MEADOWS, SECTION'C' \ LOT 29 (LOTS 114-121 SHOWN) N PLAT NOS.4213-4220 LOT 30 LOT 111: N/F TAROUINO ANTONIO JIMENEZ & ESTHER SHEPHARO L. 6666 1276 LOT 115' N/F JOSEPH M ANTKOWAK L.5583 1231 LOT 116' N/F DANIEL JOSEPH SPRINGER L.2737 t373 LOT JI LOT 118: N/F SCOTT L WATERMAN & MARY F PORTER L. 1407 1.885 \ LOT 1/9: N/F JEFFREY DALE 5HEASLEY & WINDY JOANN SHFASLEY 1..1415 1576 'f0 \ LOT 120: N/F DAVID E. & ELIZABETH I COVINGION L7757 V644 LOT 121 N/F KARL MARE & TAMMY KART L.5524 1212 ~ne SURVEY NOTES: (SEE SHEET 5 FOR GENERAL PLAT NOTES) O�%9 1. EXISTING COUNTY CONTROL NETWORK POINT "DULL" WAS USED TO ESTABLISH GPS DERIVED CONTROL AND TO RUN SEVERAL CLOSED CONVENTIONAL TRAVERSE LOOPS. ALL CONVENTIONAL TRAVERSE CONTROL HAD A LEAST SQUARES ADJUSTED CLOSURE OF AT LEAST 1:9,789 THE GPS BASE STATION POINT HAS THE FOLLOWING DATA: NORTHING 721446.3988 EASTING: 1113160.0168 THE COORDINATES FOR ALL GPS DERIVED CONTROL ARE STATE PLANE GROUND COORDINATES SCALED HORIZONTALLY FROM THE ABOVE MENTIONED BASE STATION: THE GROUND SCALE FACTOR IS 0.999988747 2. EXISTING PROPERTY MARKERS FOUND AS NOTED ON THIS PLAT; PROPERTY MARKERS IDENTIFIED AS " 0 ARE TO BE 5/8" REBAR & CAP SET PRIOR TO THE RECORDATION OF THIS PLAT. 3 THE RECORD BEARINGS AND DISTANC ES FOR THE EASTERNMOST BELIEVEDTO LINES OF 'P ARCEL B' ARE SHOWN D WITH FORTH IN THE CURRENT DEED (L.913. HBUT ARE IN HAVE BEEN ERRDE E (L 85 SWITCHED WITH ONE HAT WHICHTHESETFORTH IS SET FORTH IN THE DEED FOR THE ADJOINING EDLANDS TO THE EAST (L.579, OING THE EVIDENCE FOUND AND LOCATED BEST FITS THE PREVIOUS DEED AND THE DEED FOR THE ADJOINING LANDS AS AFOREMENTIONED. 4. THE RIGHT-OF-WAY FOR LANDIS ROAD ALONG THE SOUTHEASTERN PORTION OF 'PARCEL D' IS SHOWN AS PER PLAT NO ¶0010.389 AND DISAGREES WITH THE RECORD BEARINGS AND DISTANCES AS SET FORTH IN THE DEED FOR SAID PARCEL (LIBER 1427 FOLIO 883) 5. THE RIGHT-OF-WAY FOR MT AETNA ROAD, ALONG THE FRONTAGE OF 'FAIRWAY MEADOWS, SECTION A'. AS SHOWN ON SHEET 3, WAS PREVIOUSLY DEDICATED AS A PART OF A PROPOSED 80' RIGHT-OF-WAY FOR MOUNT AETNA ROAD, AS WAS SET FORTH IN THE DESCRIPTION AND PLAT ASSOCIATED WITH THE ORIGINAL LAND TRANSFER IN LIBER 914, FOLIO 355. THE B.O.C.C. RETAINED SAID PORTION OF LAND FOR SAID PURPOSE. 6. SEVERAL OF THE RECORD BEARINGS AND DISTANCES FOR PARCEL 'C' AS SET FORTH IN THE CURRENT DEED (LIBER 914 FOLIO 353) APPEAR TO BE ERRONEOUS WHEN COMPARED TO THE SAME IN THE PARENT DEED LIBER 506 FOLIO 15) 6A. THE RECORD BEARINGS AND DISTANCES FOR THE NORTHERNMOST LINES OF PARCEL 'C' ARE SAID TO RUN WITH THE ADJOINING LANDS, AS SET FORTH IN LIBER 914 FOLIO 353. BUT DO NOT MATCH THOSE RECORD LINES WHEN COMPARED TO THE RECORD DEEDS OF THE SAME. 7. THERE IS A FENCED CEMETERY PLOT WITHIN TRACT NO.1 (EXISTING PARCEL 'A'), AND IS NAMED IN THE WASHINGTON COUNTY HISTORICAL LIBRARY AS "E.W, DITTO JR. FARM GRAVEYARD'. SEE SHEET 3 8. THE 2' UNCONTROLLED TOPOGRAPHICAL DATA AS SHOWN ON SHEET 1 IS FROM A THIRD PARTY AND HAS NOT BEEN FIELD VERIFIED. 9. NO TITLE REPORT PERFORMED BY OR PROVIDED TO WASHINGTON COUNTY DIVISION OF ENGINEERING REGARDING THE PROPERTIES SHOWN HEREON. THIS PLAT MAKES NO ATTEMPT TO LOCATE ANY EASEMENTS, RIGHTS -OF -WAY, OR SERVITUDE OF ANY KIND. IF ANY EXIST, OTHER THAN THOSE SHOWN HEREON. PLAT NO. DATE' li� GRAPHIC SCALE Mme' °121 ON E BELIE 5. BARNf$ BONNIE 8E ADAM ARNOWENS & WASHINGTON COUNTY '°° '°° EBB '� em I LEER 407M FOLIO N 20 LIBER 5407 FLI20 REMAINDER OF PARCEL '88 AS PER PUT NO 5683-5664 OWNER: ii( IN FEET B.O.C.C. OF WASHINGTON COUNTY, MD 100 W WASHINGTON STREET II 1 inch = 200 ft. HAGERSTOWN, MD 21740 LOT 121 --Computed point next End. (Post laying on ground N 473724' W 40.31' 44.42''21' W 191.39' PARCEL '18' (P/O PARCEL 'B) SEE SHEET 3 LINES HEREBY VACATED I I PoRflON OF PROPER]Y LINE HEREBY VACAIEO Computed Paint at .•o (234.15) Plontea Stone End. 'Completey Disturbed) q : ' w 1h1pp I hf 8 ndbt® 3hw wp�' - PARCEL'2A' Nry• (P/O PARCEL -A') SEE SHEET 3 Ib' C.,: 'Iee �.— (5780' TIE)—l'�; N 7731 "OS" E 209.56 W 887;60' . ................iliroo5 7; 4 /3 a N 83:3 M15 r Ens (�ss,\ r�e� (rsbno) a 5.:.3413 E 887.600 PORIroi+NER�er°v TED LINE' d0 �QY Iron LOT 110 •e FM. '5/8' Pebo, .. i s/e' ) •Fna. rLs73) LDFlr9 Fad( PARCEL 'D' PROPERTY MAP NO. 58, PARCEL NO. 466, GRID 4 'm �: N/F BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY LOT rte `/e' PebarI 3: DEED PARCEL 1 AS PER M. (FOX a• O LIBER 1427 FOLIO 883 LOT 1A AS PER PLAT NO.5683-5684 LOT rr6 Cry' AREA TO BE ADDED TO TRACTNO.2= 1,522,727 SOFT, OR 34.9570 ACRES* LOT 1 n : a h• LOT n5 CO7177 tune aeod : ' _ v tor 114 �'4 ran 4 PI,. Fnd h 25,. . B '` 41' :, C NIA GE, :I .. gyyy:,, �i8d, Ia" 4 5/8" Par Set SPUMxeal o,) +�e I 3'", W Y PARCEL b' LINE TABLE LINE/CURVE RADIUS ARC BEARING/CHORD LENGTH 549.29' 702,77' N 794906" W 102.62' 2 N 851042" W 171,58' J 225.00' 70.07' S 85'53'55 W 69.79' 4 98.40' 117.07' S 63'26'53" W 105.27' 5 225.00' 65.78' S 413237' W 65.55' 6 S 371000" W 125.22' 7 S 5650'00' E 25,50' 8 S 33'0228" W 193.84' 9 480.00' 569,84' S 852342" W 576.96' E 100 YR FLOOOPLAIN, & STREAM BUFFER T.I. Pots (C&P 36 6 Post Eno, (Not b.Iiewd to be or ghat post I m 3�� (C&F Tele z Isle Poie I- ,-N 78'05'31" W 7,00' RP Fr FM. (30.07' Pale 28) N 60 SIB��44'N, (710744) Ps[m• / "'� /p (C&P 29) NEW PROPERTY LINE LEGEND 0 BOUNDARY POINT — — — — PROPERTY LINE EXISTING STRUCTURE (AS NOTED) . . . . . . . S PLANTED STONE FOUND ADJOINING PROPERTY LINE E— OVERHEAD ELECTRIC ' APPROXIMATE 100 YEAR FLOOD PLAIN O PIPE FOUND (AS NOTED) VACATED PROPERTY LINE T- OVERHEAD UTILITIES EXISTING CONTOUR (MAJOR) Q REBAR FOUND (AS NOTED) ----- EXISTING RIGHT-OF-WAY LINE - EDGE OF PAVEMENT / PARKING EXISTING CONTOUR (MINOR) 0 CONCRETE MONUMENT FOUND (AS NOTED) EXISTING SLOPE EASEMENT 0-------O-- EXISTING CHAIN LINK FENCE SOIL TYPE - DELINEATION (AS SPECIFIED) ® RAILROAD SPIKE FOUND — - - — EXISTING DRAINAGE EASEMENT )( K EXISTING FENCE LINE (AS NOTED) — — APPROXIMATE CENTERLINE OF STREAM BOUNDARY FENCE POST FOUND (AS NOTED) BUILDING RESTRICTION LINE --- ELECTION DISTRICT LINE EXISTING WETLANDS & 25' BUFFER fir® C a 4 BOUNDARY TREE FOUND (AS NOTED) Landis Road-- ' (Local Road) 30' RIGHT-OF-WAY AS PER ROAD BOOK 1, PAGE 771-773 M58. P420 N// KENNETH E OWENS, JR & BONNIE OWENS USER 1899 FOLIO 579 REMAINDER OF PARCEL A AS PER FLAT" NO 568J-5684 ' A (5 1, PARCEL 'A' PROPERTY MAP NO. 50, PIO PARCEL NO. 4, GRID 22 N/F COUNTY COMMISSIONERS OF WASHINGTON COUNTY, MARYLAND REMAINING LANDS OF LIBER 579 FOLIO 810 O [p � IQ ZIZ F- UI W W W W I F4 -.126 , not on ty/CCO star A Si PARCEL '3A' UNE TABLE LINE/CURVE RADIUS ARC BEARING/CHORD LENGTH 1 N 80'46'10" W 312.20' 2 450.00• 80.91' N 75'37'07 W 8080' 3 549.29• 38.26' N 72'2749" W 38.25' 4 N 0524'30" W 700.20' SWEAJ / K I N �N4 $ IIE� vYE r'EP3 N e ,m. 5 80'4425' E 44!LO ��/ O �6 — I �' PARCEL'3A' I , o. ERIDGE OT') uIlp AREA TO BE ADDEDTO TRACT N0.2= EF [FTA; 157,153SQ.FT.OR3.607 AACRES* bn m e ;CL 5 " Pean s • J _-1a 0 S no00PU"I -% .. I.5'z r, & 5tAM SUFFER . 1� R y1..' e _ - a - i l `'t 3J 2i �- A' 5/8" Rebor Set Rebor Ham I/2" VL Rmar Too (HALL) M RIGHT—OF—WAY AS PER PLA, NO. 100-10-389 -S€E NOTE 1.A- �' \A M.58 P467 TRACT NO.3 N/F 84RO RAS OF COMMISSIONERS OF b 5/8 Rebor Set WASNINOTOL COUNTY DEED PARCEL 1IO PER in place oe, Post AREA 68,518 D 22 LIBER R P T NO568 \ lRouedi AOR 1=887 ACRES* £ _ LOT lB AS PEA PLAT ND 5687-5689 \ OR 14.S879ACRES* ) = (SEE SHEET 4) % 73 \fie �M 10725 4 I, nwa Uf1Yea \\�q \ l , 100 M. `\ {0' _� EL000PLAIN - - Er: I 5/8" Rebor Set &_N_ " 51330W J26Sj n piece of Post (Rotledl THIS SHEET CONTAINS DETAILS FOR PARCELS B, C, D, & 3A ;HINGTON COUNTY, MARYL DIVISION OF ENGINEERING .gton County Administrative Annex Bt Boundary Survey and Re -Plat Lands of B.O.C.C. of Washington County, MD BLACK ROCK GOLF COURSE & REGIONAL PARK c Situate along the Southern margin of Mt. Aetna Road, approximately 2,750' West of its intersection with White Hall Rd, and contiguous with the Easternmost lines of the y1RYLNt�I subdivision known as Fairway Meadows in Hagerstown, MD 5.00 black 255,20 21-RZ T SCALE: 1" = 200' DRAWN BY: G.CULLER DATE: 5-9-2022 I DRAWING NO: 22-074 1 SHEET NO: 2 OF 5 MST- �t2Tc g2(v4-2 20245 Mount Aetna Rezoning • .. 10900 2'0245 Y,?` y •`+ _______ J1 #Akj2031f WPTr7/ING!' This map was petted by the Wasknpon County PIar it Deyanmaen and it O f'1 The parcel 3n.cs shown on ii. .o.rp are drepod Troth a orrery of snursecorh,ch nr:• Ili•• o•. -n intnded for the retpimrs useONy. It it .00t for ge.yrp distribution to the pulnlic, and A-dd CJ 1..1 eccuraey vdard iho parcel lines a:n appreximato and for informanena! purposes ONLY. They not be waleda copird. My moddicatio.e or then to this map are vnohIbIted wdfwul the re not gut ranted by Washingron County Maryland or the Maryland Deyanmened emnen prior wrtten apo'e.ol at the Plosion¢ Department GIS. Swrres of the data contained ,gamasments and '!,.anon, to be Free o! «rvt indudnng perOt. of omon, commission, hereto are tooth various pobOt apnane. •etoidn may hire uu nesn itttons or diotlnimers. positional accuracy or onyattn6utes associated rii,h:eal property. They shat! not be toped, HP Overlay Proposed Feet reproduced or scaled In any waywnhout the express priorwritten approval of Washington taunt, Maryland planning and Zoning D,,. n - eat. This data DOE$ NOT roPlace an aocwam 1 inch equals 80 feet s" u""f by a Lcensnd professional and Intonation ,heal[ 6o wnhed using the:el—..nl deeds, plaza and ether recteded legal al—nnenu by she Return to Home Page (Index.aspx) L_ (imges/n r389 p.j pg). Photo credit: Paula Stoner Dickey, 03/1974 Description: The Henry McCauley Farm house is a four -bay, two-story brick dwelling, painted deep red with white and dark green trim. A four bay ell extends to the rear or south of the main section and a small one-story shed -roofed addition is attached to the south gable end. The walls are set on low limestone foundations. The bricks of all elevations are laid in common bond with numerous rows of stretchers between headers. Flat brick arches are present over all windows, including those at attic level. Windows are 6/6 sash, and those of the facade are flanked with paneled shutters at the first story and louvered shutters at the second. Smaller 6/6 pane sashes illuminate the attic. The main entrance is located in the third bay from the east end of the front elevation. The double doors are each decorated with pairs of rounded panels. Flanking the doors are attached columns of the plain Doric order. A transom and sidelights with diamond panes surround the entrance inside paneled jambs and a paneled head. A flat brick arch is present over the doorway. A two -bay entrance porch is supported by heavy Doric columns. An enclosed double porch, included under the main roof span, extends along the east side. Brick chimneys rise from inside each gable end and from the west side of the house between the third and fourth bays from the south end of the ell. The chimneys are large with protruding bricks forming a rim at the top. The roof is covered with sheet metal and is finished with beaded barge boards placed against the end walls. The interior of the front section is divided into four rooms. The northwest room contains only a spiral stair which is open to the attic. The interior woodwork is rather elaborate with doors surrounded by symmetrically placed molded trim with decorated corner blocks. In addition to the house, the property contains a large stone and frame bank barn, with stone end walls and frame side walls. A partially readable date stone set in the barn's north gable is inscribed with the builder's name and date. Only the name McCauley and the year 1833 can be read. Near the house and southeast of the barn is a metal windmill for pumping water. Henry McCauley Farm Inventory No.: WA -II -092 Other Name(s): Ditto Farm Regional Park Date Listed: 6/29/1976 Location: Mount Aetna Road, Hagerstown, Washington County Category: Building Period/Date of Construction: 2nd quarter 19th century Open National Register Form Request Accessible Version (Accessi bil itv.aspx) Open in Medusa... Significance: The Henry McCauley Farm is one of the two historic farm complexes in the Ditto Farm Regional Park. Architecturally, the complex of buildings is a significant example of the construction patterns of Washington County and Western Maryland where stone and brick were important building materials. The brick house on Mt. Aetna Road, probably built between 1830 and 1850, is a well preserved example of the area's brick architecture from the mid -19th century. Its elaborate entrance and spiral stair which are unusual for the area, as well as the extensive use of decorative interior woodwork, suggest that this house is one of the county's finer dwellings of the period. The large stone -end bank barn found at the complex is typical of such structures which appear to be indigenous to Southern Pennsylvania and Western Maryland. The complex also includes a brick out kitchen which appears contemporary with the house. A windmill for pumping water is also significant since such structures are becoming rare in the area. WA -I1-092 Henry McCauley Farm (Ditto Farm Regional Park) Architectural Survey File This is the architectural survey file for this MIHP record. The survey file is organized reverse - chronological (that is, with the latest material on top). It contains all MIHP inventory forms, National Register nomination forms, determinations of eligibility (DOE) forms, and accompanying documentation such as photographs and maps. Users should be aware that additional undigitized material about this property may be found in on -site architectural reports, copies of HABS/HAER or other documentation, drawings, and the "vertical files" at the MHT Library in Crownsville. The vertical files may include newspaper clippings, field notes, draft versions of forms and architectural reports, photographs, maps, and drawings. Researchers who need a thorough understanding of this property should plan to visit the MHT Library as part of their research project; look at the MHT web site (mht.maryland.gov) for details about how to make an appointment. All material is property of the Maryland Historical Trust. Last Updated: 03-12-2004 Form No. 10-300 (Rev. 10.74) UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM SEE INSTRUCTIONS IN HOW TO COMPLETE NA TIONAL REGISTER FORMS TYPE ALL ENTRIES -- COMPLETE APPLICABLE SECTIONS NAME HISTORIC Henry McCauley Farm AND/OR COMMON Ditto Farm Regional Park ©LOCATION STREET& NUMBER Mount Aetna Rd, One mile west of Edgewood Drive _NOT FOR PUBUCATION CITY, TOWN CONGRESSIONAL DISTRICT Hagerstown X VICINITY OF Sixth STATE CODE COUNTY CODE Ma CLASSIFICATION CATEGORY OWNERSHIP STATUS Washi PRESENT USE _DISTRICT X -PUBLIC X -OCCUPIED X_AGRICULTURE X __MUSEUM X-BUILDINGIS) _PRIVATE -UNOCCUPIED _COMMERCIAL X _PARK -STRUCTURE _BOTH -WORK IN PROGRESS -EDUCATIONAL _PRIVATE RESIDENCE _SITE PUBLIC ACQUISITION ACCESSIBLE _ENTERTAINMENT _RELIGIOUS _OBJECT _IN PROCESS _YES: RESTRICTED _GOVERNMENT _SCIENTIFIC _BEING CONSIDERED _YES: UNRESTRICTED _INDUSTRIAL -TRANSPORTATION X_NO -MILITARY _OTHER: DOWNER OF PROPERTY NAME Board of County Commissioners of Washington County STREET & NUMBER Washington County Courthouse CITY. TOWN STATE Hagerstown _ VICINITY OF Maryland ©LOCATION OF LEGAL DESCRIPTION Liber #: COURTHOUSE. Folio 1: REGISTRY OF DEEDS, ETC. Washington County Courthouse STREET & NUMBER West Washington Street CITY. TOWN STATE Hagerstown Maryland REPRESENTATION IN EXISTING SURVEYS TITLE DATE _FEDERAL _STATE _COUNTY _LOCAL DEPOSITORY FOR SURVEY RECORDS CITY. TOWN STATE ASCRIPTION CONDITION CHECK ONE CHECK ONE -.EXCELLENT _DETERIORATED x_UNALTERED x_ORIGINAL SITE t _GOOD _RUINS _ALTERED _MOVED DATE _FAIR _UNEXPOSED DESCRIBE THE PRESENT AND ORIGINAL (IF KNOWN) PHYSICAL APPEARANCE The farm is located on the south side of Mt. Aetna Road, about one mile east of its intersection with Edgewood Drive in Washington County, Maryland, in the Ditto Farm Regional Park. It is situated on the side of a hill and faces north or twoard Mr. Aetna Road. The structure is a four bay, two story brick dwelling, painted deep red with white and dark green trim. A four bay ell extends to the rear or south of the main sec- tion and a small one story shed roof addition is attached to the south gable end. The walls are set on low limestone foundations. The bricks of all elevations are laid in common bond with numerous rows of stretchers between headers. Flat brick arches are present over all windows, including those at the attic.level. Windows are located on all sides of the building. They contain six over six pane double hung sashes within narrow wooden frames finished with a bead. Windows of the facade are flanked by paneled shutters at the first story and y louvred shutters at the second floor level. Smaller six over six pane sashes illuminate the attic. The main entrance is located in the third bay from the east end of the front elevation. The double doors are each decorated with pairs of rounded panels. Flanking the doors are attached columns of the plain doric order. A transom and aide lights with diamond panes surround the entrance inside paneled jambs and a paneled head. A flat brick arch is present over the doorway. A two -bay entrance porch is supported by heavy doric posts or cokumns. An en- closed double porch, included under the main roof span of the ell extends along the east side. Brick chimneys rise from inside each gable end and from the west side of the house between the third and fourth bays from the south end of the ell. The chimneys are large with protruding bricks forming a rim at the top. The roof is covered with sheet metal and is finished with beaded barge boards placed against the end walls. The interior of the front section is dividedintofour rooms. The northwest room contains only a spiral stair which is open to the attic. The interior woodwork is rather elaborate with doors surrounded by symmetrically molded trim with decorated corner blocks. In additon to the house the property contains a large stone and bank barn. The barn is located northwest of the house and is situated with its north gable at the edge of Mr. Aetna Road. Its end walls are constructed of coursed local fieldstone. Vertical slits in the stonework provide ventilation for the interior. A partially readable date stone set in the barn's north gable is inscribed with the builder's name and date. Only the name McCauley and the year 1833 could be read. In the north levation above the date stone is a round opening surrounded with carefully cut blocks. the side walls are of frame construction above the ground story. The sheathing is See continuation sheet # 1. ✓u NITED STATES DEPARTMENT Of: THE INTERIOR FOR NPS USE ONLY NATIONAL PARK SERVICE RECEIVED .TIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM DATE ENTERED Henry McCauley Farm, Ditto Farm Regional Park Washington County, Maryland. CONTINUATION SHEET ITEM NUMBER 7 PAGE 1 painted red with white trim. The roofing material is corrugated sheet metal. Near the house and southeast of the barn is a metal windmill for pumping water. A modern dairy barn not included in this nomination is located some distance east of the house. The structures appear to be in good to excellent condition. J GPO 092 .45 ,NIFICANCE JD AREAS OF SIGNIFICANCE -- CHECK AND JUSTIFY BELOW IISTORIC _ARCHEULOGY-PREHISTORIC _COMMUNITY PLANNING _LANDSCAPE ARCHITECTURE _RELIGION ,uJ-1499 -ARCHEOLOGY- HISTORIC -.CONSERVATION _LAW _SCIENCE 1500.1599 _AGRICULTURE -ECONOMICS _LITERATURE _SCULPTURE _1800.1699 ARCHITECTURE _EDUCATION _MILITARY _SOCIAUHUMANITARIAN _1700-1799 __ART _ENGINEERING _MUSIC _THEATER _1800.1899 _COMMERCE _EXPLORATION/SETTLEMENT _PHILOSOPHY _TRANSPORTATION _1900- -COMMUNICATIONS -INDUSTRY _POLITICS/GOVERNMENT _OTHER (SPECIFY) _INVENTION SPECIFIC DATES BUILDER/ARCHITECT STATEMENT OF SIGNIFICANCE The Henry McCauley Farm is one of the two historic farm complexes in the Ditto Farm Regional Park which will, in addition to recreational activity, interpret farming in western Maryland. The Henry McCauley Farm & Ditto Knolls (see separate National Register nomination) will be restored as part of the park. The Henry McCauley Farm is important for it'architecture and place in Washington- County history, Architecturally the complex of buildings is a significant example of the construction patterns of Washington County and Western Maryland where stone and brick were important building materials. The brick house on Mt, Aetna Road, probably built between 1830 and 1850, is a well preserved example of the area's brick architecture from, the mid 19th century. Its elaborate entrance and spiral stair which are unusual for the area: as well as the extensive use of decorative interior woodwork, suggests that this house is one of County's finer dwellings of the period. The large stone -end bank barns found at the complex is typical of such structures which appear to be indiginous to Southern Pe-nsylvania and Western Maryland. The Mt. Aetna Road complex also includes a brick out kitchen which appears contemporary with the house. The windmill for pumping eater is also significant since such structures are becoming rare in the area. The property along Mt. Aetna Road was known in the past as the "Henry McCauley Farm." It was bequeathed to him by Charles McCauley as evidenced in his will probated March 9, 1830. Charles McCauley acquired the land in 1799, 1801 and 1802 from Alexander Clagett, Jacob Schnebly, and Peter Adams respectively. The McCauley family were prominent farmers in Washington County. The lands making up this farm include part of the original grants, "Meshek's Garden," "Resurvey On Old Fox Deceived," and "Cobbler's Hall." - .JOR BIBLIOGRAPHICAL REFERENCES c{J4 —JT= qj Washington County Land & Probate Records .ngton County Courthouse tstown, Maryland MGEOGRAPHICAL DATA 5 ACREAGE OF NOMINATED PROPERTY UTM REFERENCES A11181I' 1 71 11 41�, 66 0I 14, 3i 8t 8111 41 01 BI 1< I r I r r I I. I t I I I I ZONE EASTING NORTHING ZONE EASTING NORTHING ci I 1 I IIII DWIIIL`1IIIIIiI VERBAL BOUNDARY DESCRIPTION LIST ALL STATES AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY BOUNDARIES STATE CODE COUNTY CODE STATE CODE COUNTY CODE FORM PREPARED BY NAME TITLE Paula Stoner Dickey, Consultant ORGANIZATION Washington County Historic Sites Survey DATE April 1974 STREET& NUMBER TELEPHONE Court House Annex 301-791-3065 CITY OR TOWN STATE Hagerstown taryland ®STATE HISTORIC PRESERVATION OFFICER CERTIFICATION THE EVALUATED SIGNIFICANCE OF THIS PROPERTY WITHIN THE STATE NATIONAL.. STATE LOCAL As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89-665). I hereby nominate this property for inclusion in the National Register and certify that it has been evaluated according to the criteria and procedures set forth by the National Park Service. STATE HISTORIC PRESERVATION OFFICER SIGNATURE TITLE DATE IFOR NPS USE ONLY LI HEREBY CERTIFY THAT THIS PROPERTY IS INCLUDED IN THE NATIONAL REGISTER DATE DIRECTOR. OFFICE OF ARCHEOLOGY AND HISTORIC PRESERVATION ATTEST: DATE KEEPER OF THE NATIONAL REGISTER GPO •eR-445 MARYLAND 6ISTORICAL TRUST WORKSHEET Copy II NOMINATION FORM WA -II -092 for the NATIONAL REGISTER OF HISTORIC PLACES, NATIONAL PARKS SERVICE V1 Z w w NAME -- C OMMON Ditto xis raVpj Res':(!t'crs2 PamK AND/OR HISTORIC: The Henry McCauley Farm 2. LOCATION STREF - A'4r NUMBER: Mt. Aetna Road, about 1 mile west of Edgewood Drive CITY OR TOWNI Hagerstown STATE COUNTY Maryland Washington 3. CLASSIFICATION CATEGORY OWNERSHIP STATUS ACCESSIBLE (Check One) TO THE PUBLIC ❑ District ll Building ❑ Public Public Acquisition: ® Occupied Yes: ❑ Site ❑ Structure Privo, ❑ In Process O Unoccupied ❑ Restricted ❑ Object (J Both ❑ Being Considered ❑ Preservotion work ❑ Unrestricted In progress ® No PRESENT USE (Check One or More oo Appropriate) R Agricultural ❑ Govermnent ❑ Park O Transportation U Cotmeent. ❑ Commercial ❑ Irdusrnal ® Private Residence ❑ Other (Specly) ❑ Educational ❑ Military ❑ Religious ❑ Entertainment ❑ Museum ❑ Scienri(Ic :OWNER OF PROPERTY OWNER'S NAME. i Fri ecd-3d.--D4-t - r. , M.D. 0LAd < ( i ,_tf�h 1'b/' I i STREET AND NUMBER: 1702 Cathedra -Y -Avenges AJ ,h 1 frjr, - C CITY OR TOWN- STATE Hagerstown Maryland S. LOCATION OF LEGAL DESCRIPTION COURTHOUSE. REGISTRY OF OEEOS. ETC: .� Washington County Court House STREET AND NUMBER. West Washington Street CITY OR TOWNt STATE Hagerstown Maryland itle Reference of rrent Deed (Book & Pct. #): 1851243 6r •C, REPRESENTATION IN EXISTING SURVEYS TITLE OF SURVEY: DATE OF SURVEY: O Federal ❑ State ❑ County ❑ Local DEPOSITORY FOR SURVEY RECORDS, STREET AND NUMBER: CITY OR TOWN: STATE: . DESCRIPTION (Check One) ❑ Excellent ® Good ❑ Fair ❑ Deteriorated ❑ Ruin• ________jjjCONDITION ❑ Unexpo,ed (Check One) I (Check One) KI Altered ❑ Unaltered ❑ Moved ® Original Site DESCRIBE THE PRESENT A 40 ORIGINAL (it known) PHYSICAL APPEARANCE N This house is located on the south side of Mt. Aetna Road, about one mile east of its intersection with Edgewood Drive in Washington County, Maryland. It is situated on the side of a hill and faces north or toward Mt. Aetna Road. The structure is a four -bay, two-story brick dwelling, painted deep red with white and dark green trim. A four -bay el extends to the rear or soutt of the main section and a small one-story shed roof addition is attached to the south gable end. The walls are set on low limestone foundations. The bricks of all ele- vations are laid in common bond with numerous rows of stretchers between headers. Flat brick arches are present over all windows, including those at the attic level. Windows are located on all sides of the building. They contain six -over - six pane double -hung slashes within narrow wooden frames finished with a bead. Windows of the facade are flanked by paneled shutters at the first story and by louvered shutters at the second floor level. Smaller six - over -six pane sashes illuminate the attic/ The main entrance is located in the third bay from the east end of the front elevation. The double doors are each decorated with pairs of founded panels. Flanking the doors are attached columns of the plain dori( order. A transom and side lights with diamond panes surround the entrance inside paneled jambs and a paneled head. A flat brick arch is present over the doorway. A two -bay entrance porch is supported by heavy doric posts or columns. An enclosed double porch, included under the main roof span of the el extends along the east side. Brick chimneys rise from inside each gable end and from the west side of the house between the third and fourth bays from the south end of the el. The chimneys are large with protruding bricks forming a rim at the top. The roof is covered with sheet metal and is finished with beaded barge boards placed against the end walls. The interior of the front section is divided into four rooms. The north- west room contains only a spiral stair which is open to the attic. The interior woodwork is rather eleborate with doors surrounded by symmetri- cally molded trim with decorated corner blocks. In addition to the house the property contains a large stone end bank barn.'A A family cemetery is also located on the property. Near the house is_ aowindmill for pumping water. The property contains 170 acres. A partially readable date stone set in the barn's north gable is inscribed with the builder's name and date. Only the name McCauley and the year 1833 could be read. is olio The barn is located northwest of the house and is situated with its north gable at the edge of Mt. Aetna Road. Its end walls are constructed of coursed local fieldstone. Vertical slits in the stonework provide ventilation ff the interior. In the north gable end of the structure, above the date s ne is a round opening surrounded with carefully cut blocks. The side4'elevations are frame above the ground story. The sheathing is painted red with white trim. The roofing material is corrugated sheet metal. z O z to z O I — U I— N z W W V1 iAGNlF1CA'4CE •ERIOC.(Check One or More .e Appropriate) _ol,imbian ❑ 16th Century ❑ 18th Century I 1 20th Century [] 15th Century ❑ 17th Century ® 19th Century (mid) SPECIFIC OAT EISI (11 Applicable end Known) AREAS OF SIGNIFICANCE (Check One or More as Appropriate) A borlginal ❑ Education ❑ Political ❑ Urban Planning ❑ Prehistoric O Engineering ❑ Religion/Phi. ❑ Other (Specify) ❑ Historic ❑ Industry losophy ❑ Agriculture ❑ Invention ❑ Science ® Architecture ❑ Landscape ❑ Sculpture O Aft Architecture ❑ Social/Human. ❑ Commerce ❑ Literature itarian ❑ Communications Militar ❑ y ❑ Theater ❑ Conservation ❑ Music ❑ Transportation STATEMENT OF SIGNIFICANCE The area of significance of this house is its architecture. Probably built between 1830 and 1850 it is a well-preserved example of the area's mid 19th century brick architecture. The main entrance, stair and interior woodwork would suggest that it is one of the area's finer houses of the period. Since much of its original interior and exterior woodwork remains the house is important as a building which has received only minimal alterations. The large stone end barn present on the property is worhty of note as an excellent example of such structures which are indiginous to Pennsylvania and Western Maryland. The windmill for pumping water is also significant since they are becoming rare in the area. The property was known in the past as the "Henry McCauley Farm." It was bequeathed to him by Charles McCauley as evidenced in his will, probated March 9, 1830. Charles McCauley acquired the land between 1799 and 1801. (See deed listings on attached sheets.) WA ii:- 9a. T. MAJOR BIBLIOGRAPHICAL REFERENCES j� t JI 1' h � � c A„r,I�, ( rte ) t'ta �.► t�►-� Pou., 10. GEOGRAPHICAL DATA _ LATITUDE AND LONGITUDE COORDINATES LATITUDE AND LONGITUDE COORDINATES DEFINING A RECTANGLE LOCATING TI -IF PROPERTY 0 DEFINING THE CENTER POINT OF A PROPERTY R OF LESS THAN TFN ACRES CORNER LATITUDE LONGITUDE LATITUDE LONGITUDE Degrees Minutes Seconds Degrees Minutes Seconds Degrees Minutes Seconds Degrees Minutes Seconds NW o o • O •C NE o o SE o•o Sw 0 . o APPROXIMATE ACREAGE OF NOMINATED PROPERTY: 170 acres Acreage Justification: iLIST ALL STATES AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY BOUNDARIES STATE: COUNTY STATE: COUNTY: STATE: COUNTY: STATE: COUNTY 1I. FORM PREPARED BY NAME AND TITLE'. Paula Stoner Dickey, Consultant ORGANIZATION DATE Washington County Historic Sites Survey April, 1974 STREET AND NUMBER: Court House Annex CITY OR TOWN: STATE Hagerstown Maryland 12. State Liaison Officer Review: (Office Use Only) Significance of this property is: National ❑ State 0 Local O Signature Deed Records -- WA -II -092 --Ditto Knolls ("Henry McCauley Farm") Liber 184, Folio 243, March 27, 1930 Grantors: J. Cleveland Grice & Omer T. Kaylor, Trustees Grantor: Dr. Edward W. Ditto $7,990, 170 acres. The property is described as the "Henry McCauley Farm." Liber 112, Folio 92, January 23, 1900 Grantor: Charles McCauley & Daniel Gilbert, Trustees Grantee: Samuel Funk $8,700, 170 acres Conveyed to Henry McCauley in the will of Charles McCauley, probated March 9, 1830 (will book C, Folio 413) Liber II, Folio 185, January 3, 1827 Grantor: John McCauley, Ross Co., Ohio Grantee: Samuel McCauley & Charles McCauley $16,530, 413-1/4 acres. This document ks for lands described in the following three deeds: Liber 0, Folio 319, April 19, 1802 Grantor: Peter Adams Grantee: Charles McCauley 58 acres, 500 L. The tract is described as part of the "Resurvey on Mesheck's Garden," beginning 28 perches on 11th line of "Old Fox Deceived." It was to have been conveyed to said Charles McCauley by deed dated March 27, 1801 which was defective. Liber N, Folio 518, June 1, 1801 Grantor: Jacob Schnebly Grantee: Charles McCauley 712 L, 2 s., 9 p., the tract is described as part of "Meschek's Garden" 88 acres. Liber L, Folio 569, March 19, 1799 Grantor: Alexander Claggett Grantee: Charles McCauley 1,739 b, 10 s. Part of resurvey on "Masheck's Garden" beginning on first line on the tract of resurvey on "Old Fox Deceived" 235 acres, 16 perches, part 2, part of "Colonel" 13-1/2 acres. O \ JA -II --o APPROXIW 1E r..00R PLAR. NOT IA SCALE N.y Ii WA. -:M- 04). fr7ov►, AJ. 3 /74/ ps. Oic/rc>, al :.t.ri DI'..KEY CONSULTANT. WASHINGTON O. HISTORICAL SITES SURVEY i �� Sl. ci.R DI: KEY CONSULTANT. WASHINGTON CO. HISTORICAL SITES SURVEY a ,.6 C,, PkLA sT1:CR 6ICKEY WNSUL1�.NT, IOMSHINGTON CO. HISTORICAL SITES SURVEY I PAULA STONER DICKEY ,oNSULTA' T, WASHINGTON CU HISTORICAL SITES SURVEY ill r', L? c!k)rj'R DICKEY UNSULIANT. Yy1SHINGTON CO. HISTORICAL SITES SURVEY =1 PAULA STONER DICKEY CONSULTANT. WASFIINGTON co. HISTORICAL SITES SURVEY �q f ' - r � i•� M w w vi PAULA STONER DICKEY CONSULTANT, WASHINGTON W NIsrOMM SITES SURVEY PAULA STC(i &MY CONSULTAf₹. CO. �; JEJL §lids IURVEY 1_Front Facade S M 6 2_Front Facade with Retwall - F, +z . \� � }��v �� �f� � � � • ,42+�f� 5_left side of house chimney a ; I': j 1 lU m. }sr iris 6_left side of house foundation • 7_rear left side 8_rear left side (2) •Rs -- •--- - - - 1 \ - M i' • I • II { err 1It 11_right facade at chimney 1.�. L L GANGER LL 12_front door 13_front window with both shutters 14_open shutter_hardware front window 15_shutter on front window r 16_front porch ceiling er ` f4 may. r 19_smokehouse interior 19a brick detail at smokehouse y�.aJ �vGt•` F 4 t - "Iii - � 2� « `\ © 2 ��^ .w ® .. , . / ,I = / * � r____ 6 : 2 \ / Section 106 Is Under Threat: k National Trust for Please Oppose Regulatory Changes 44 Historic Preservation® The Advisory Council on Historic Preservation (ACHP) is advancing a sweeping and damaging proposal to rewrite the regulations for Section 106 of the National Historic Preservation Act (NHPA). If implemented, these new rules would dramatically diminish the effectiveness of the NHPA and the current legal protections for historic and cultural places. Since the enactment of NHPA 60 years ago, Section 106 has been the foundational requirement for federal agencies to "take into account" the effects of their actions on historic properties and places, enabling public participation and comment in the process, empowering state and local governments and tribal communities to have a voice in the process, and often improving the project and enhancing the outcome. The ACHP Proposal Would Eviscerate This Process And Principles These new regulations will lead to more delays and more litigation as federal agencies and ap- plicants try to navigate compliance without the well-known and well -used consultation process, which often leads to negotiated win -win outcomes. The preservation community and our part- ners across the country are mobilizing to fight this harmful proposal. Some of the most disturbing aspects of the proposed changes include: • Federal agencies will no longer be required to try to avoid or minimize damage to America's historic architecture, neighborhoods, and landscapes. • State and local governments will no longer have the right to be notified or have the opportunity to comment when federal agencies propose to damage or destroy historic places within their jurisdiction. • The public's opportunity to comment on federal historic preservation policies or actions would now be entirely optional, at the discretion of the federal agency. • The federal government will no longer be required to consult with Native American tribes or seek their expertise regarding their own significant cultural resources. • Significant cultural landscape features would no longer be considered historic properties, so federal agencies would no longer be required to take into account any adverse effects to significant places such as the Grand canyon. • Federal agencies would no longer be required to consider the reasonably foreseeable consequences of their actions on historic properties, other than direct actions that physically damage the properties. • These regulations are inconsistent with the National Historic Preservation Act and would violate the council's own rules and procedures. • The proposed changes are also internally inconsistent and riddled with errors, likely to cause enormous regulatory confusion and chaos. t Section 106 Regulations Under Threat: Specifics on the Technical Complexities August 12, 2026 hi; i Featuring: Shaw Sprague, Vice President of Government Relations, National Trust for Historic Preservation Betsy Merritt, Deputy General Counsel, National Trustfor Historic Preservation Permitting Reform and Section 106: Why Statute Matters The relationship between federal law, regulation, and congressional intent. REGULATIONS RULES GUIDELINES LAWS STANDARDS Current Environment Two reform efforts are happening simultaneously: Administration / ACHP: agency is pursuing a comprehensive revision of N H PA's Section 106. Congress: Senate negotiations and legislation seek to make federal permitting more predictable, efficient, and timely. Legislative language reforming NHPA's Section 106 process is under development. Legislative text could be released in September L Understanding the difference: Statute v. Regulation Statute • Passed by Congress and signed by the President —or enacted over a veto. • Establishes binding legal requirements. • Defines the authority and limits of federal agencies. • Can amend, supersede, or constrain existing regulations. Regulation • Developed by an agency pursuant to authority granted by Congress. • Provides the procedures and details for implementing a statute. • Must remain consistent with the statute. • Can generally be changed by a subsequent administration through rulemaking. Takeaway: Regulations implement statutes; they do not replace them. What regulations can and cannot do: Regulations CAN: Establish procedures Define how agencies conduct consultation Create timelines consistent with the statute Establish exemptions/alternatives where authorized Regulations CANNOT: Contradict the statute Eliminate statutory obligations Override Congressional requirements Rewrite congressional policy Exercise authority Congress did not grant Supersede subsequent legislation Congress has given ACHP substantial discretion to structure the Section 106 process. That makes statutory boundaries and congressional direction particularly important. Regulatory Reform Can Have Statutory Consequences in Practice Regulatory changes can substantially affect: • What projects receive review • What geographic area is considered • Which historic properties are considered • Who participates in consultation • How long consultation lasts • When consultation can be terminated • How agencies document decisions • How Tribal and community interests are incorporated JULY 21ST. 2026 HEINRICH, ENR MEMBERS RELEASE STATEMENT URGING ADVISORY COUNCIL ON HISTORIC PRESERVATION TO REJECT RULE GUTTING TRIBAL CONSULTATION WASHINGTON - This week. the Advisory Council on Historic Preservation - the federal agency that oversees historic preservation reviews - is considering a draft rule that would make sweeping changes to the Section 106 consultation process under the National Historic Preservation Act. allowing government agencies and developers to most forward without consultation with Tribes and states. The proposed changes would undermine critical peotectons for historic, cultural, and religious sites and eliminate the role of Tribal communities in decisions that directly affect plies of deep cultural and spiritual significance. In response to the news. U.S. Senator Martin Heinrich ID-N.M.I. Ranking Member of the U.S. Serrate Energy and Natural Resources Committee. U.S. Senator Ron Wyden ID Ore). U.S. Senator Maria Cantwell ID'Wash I, U.S. Senator Mazie Hirono (D Hawai rl. US. Senator Angus King (I Marvel. U.S Senator Catherine Cortez Masto IO Nev.l. U.S. Senator John H ickenlooper CD Colo.). US. Senator Ale. Padilla (D -Cali). and US. Senator Ruben Gallego ID Ana.), released the following statement. 'These draft regulations by the Mvisoe' Council on Historic Preservation are unacceptable - eliminating Tribal consultation as we know it. This proposal disrespects the expertise that states and Tribes bane in protecting our national history and vulture, and d erases the reQuuement for the federal government to meaningfully consult with Tribal governments before they take actions that would negatively impact sired, historic, and cultural sites for Tribal communities 'Let she clearthere is a difference between making the consultation process work better and cutting Tribes out of the process. We support efforts to modernize and improve the Section 106 review pocess, but that cannot come at the expense of meaningful Tribal consultation or the expertise of the people who have protected these places for generations. ' We urge the Mvisory Council on Historic Preservation to go back to the drawing board and work directly with Tribes and states on a new proposal that actually improves the consultation process without undermining the rights and voices of those most directly affected." Last October. during a US Senate Energy and Natural Resources Committee hearing on the National Historic Preservation Act Senate Democrats on the Committee emphasized the need to ensure trot Tribes and local communities have a meaningful voice in the federal permitting approval Process. Congress Can Change the Equation If Congress subsequently legislates on the same subject, the statute controls. Suppose Congress says: "For projects affecting historic properties, the agency shall consult with the SHPO and affected Tribes before making a final decision." An agency regulation could not simply say: "Consultation is unnecessary when the agency determines that consultation would delay a project." The more specifically Congress legislates, the less room future administrations have to reinterpret the policy through regulation. Submit a Meeting Request with the Office of Information and Regulatory Affairs (OIRA): Regulation Identifier Number (RIN) 3010-AA10. Encourage your Governor to do the same! Ask to meet with your Congressional Delegation and/or their Staff during the summer recess: Senate: August 10 — Sept. 14 House: July 23 —August 31 Prepare for ACHP's Public Comment Period on the Interim Proposed Rule Stay tuned for the introduction of Federal Permitting Legislation — September? Lame Duck Session? Attend the National Preservation Summit in Washington, DC — Advocacy Day, September 24 Follow NTHP Updates at: https://savingplaces.org/section 106. Timeline ACHP Vote 7/24/2026 (done) OIRA Reviews (timing depends on OIRA review and requests for consultation) Public comment likely for 30 days Public comments will be strongly encouraged! ACHP Publishes Notice of Proposed Rulemaking (NPRM) in the Federal Register for public Comment ACHP ACHP submits to resolves Office of OIRA/inter- Information agency and review Regulatory comments; Affairs OIRA (now) ACHP reviews input and comments and receives ACHP member input Tribal Consultation Including stakeholder meetings Resubmitted for OIRA review Ah ACHP votes on final rule Effective 30 days later Final Rule published in Federal Register Potential for litigation Section 106 "The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State ... or ... having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property." 54 U.S.C. § 306108 NHPA Definition of "Undertaking" 54 U.S.C. § 300320 Undertaking [T]he term "undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including — (1) those carried out by or on behalf of the Federal agency; (2) those carried out with Federal financial assistance; (3) those requiring a Federal permit, license, or approval; and (4) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency. ACHP Proposed Definition of "Undertaking" § 800.3 Determining Whether There is an UndertaMnd&W (a) Establish undertaking. The agency official shall detem'ne whether the proposed Federal action is aFederal undertaking which section 106 analysis is requiredas defined in on historic propethes. A ACHP Proposed Definition of "Undertaking" § 800.3(a)(2)-(3) Section 106 does not apply: (ix) For actions with no or minimal Federal funding, or with no or minimal Federal involvement where a federal agency cannot control the outcome of the project. A but -for causal relationship is insufficient to make an agency responsible for a particular action and thus, does not by itself convert that action into a Federal undertaking within the meaning of the language of the Act. (3) In determining whether a proposed project constitutes an undertaking for which section 106 review applies, the agency official will consider only the action or project over which the agency has discretion and control to approve, fund, or otherwise authorize. ACHP Proposed Definition of "Undertaking" § 800.3(a)(2)-(3) Section 106 does not apply: (v) [W]here the state or local government is exercising delegated federal authority to act ... Nine states have delegated authority from the Federal Highway Administration for project management and implementation: Alaska Florida Ohio Arizona Maine Texas California Nebraska Utah Would this exempt all of those federally funded transportation projects from Section 106 compliance? "Effects" to be Considered ACHP Proposal would eliminate consideration of: • All visual, atmospheric, & audible effects; • Reasonably foreseeable cumulative effects; • Effects that fall outside the agency's regulatory jurisdiction ACHP Proposed Definition of "Historic Property" - § 800.16(k)(2) Historic property requirements: (i) It includes, or has included at some point in the past, tangible human improvements; and (ii) It is geographically compact. Definition of "Historic Property" NHPA Statute '"historic property' means any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object." 54 U.S.C. § 300308 ACHP Proposal "noncompact, unimproved natural features such as mountains, valleys, bodies of water, or landscapes, including ethnographic landscapes, do not qualify as [historic] property for the purposes of section 106." (§ 800.16(k)(2)) Responsibilities of SHPOs NHPA Statute 54 U.S.C. § 302303(b) (5) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities; (6) cooperate with the Secretary, the Council, other Federal and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken into consideration at all levels of planning and development; **** (9) consult with appropriate Federal agencies in accordance with this division on (A) Federal undertakings that may affect historic property; and (B) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to that property; Responsibilities of SHPOs ACHP Proposal § 800.2(c)(1) (c) Consulting parties. The following parties may have consultative roles in the section 106 process. (1) State historic preservation officer. heritage. In accordance with section 101(b)(3) of the act. the State historic preservation officer (SHPOi advises and assists Federal agencies in carrying out their section 106 responsibilities and cooperates with such agencies, local governments and organizations and individuals to ensure that historic properties are taking taken into consideration at all levels ofin planning and development. Role of Local Governments NHPA Statute "The Council shall by regulation establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section [106] that affect the local governments." 54 U.S.C. § 304108(b) Role of Local Governments ACHP Proposal § 800.2(c)(3) (3) Representatives oflocal governments. The a2e n v official may invite ate representative of a local government with jurisdiction over the area in which the effects of an undertaking may occur is @Ht..'t to participate as a consulting early. Under other provisions of Federal law, the local government may be authorized to act as the agency official for purposes of section 1 06. Tribal Consultation ACHP Proposal § 800.4(b)(2)(i) kl� • • • r •ijrqDw(ieJ LIIii Si SJ . _-- . -. . — .. . . . . . . - . . . V. - IP1U&I WW,'l Va rni I• i Y&I 11 ir. .1 JiLJJ S)( _- National Register. The agency official shall determine whether the property is eligible for the National Register by appivingapply the National Register criteria (36 CFR part 63) to properties identified within the area of potential effects that have not been previously evaluated for National Register eligibility. The passage of time, changing perceptions of significance, or incomplete prior evaluations may require the agency official to reevaluate properties previously determined eligible or ineligible. The agency official shall aclu ow1edge that Indian tribes and Native I1awajjan organizations possess special expertise in assessing the e1igibiliT of historic properties that may possess religious significance Role of Public Input ACHP Proposal - § 800.3(d) (d)Publicyarticiyation at aQenev discretin_ 0 `vA the public interest_ 2 Nature of inioli•esnent_ In detrninirig wheth and ho to solicit public involvement_ ie„vs of the _' lio a seritiu1_to ir__ed Federal decisioqmakiri in the section 106 proobs the agency official shall seek andmav consid _ airmon other thixgs. the 'views of the public iii a maer that reflects the nature and complexity of the undertaking ajid its effects on historic properties the likely interest of the public in the effects on historic properties:, the likely utility of public involvement: any delays that ma' - he created by the process of seeking public COizinicnt-- confidentiality concerns of private individuals arid businesses_ and tribes„ and the relationship of the Federal irn-ol--ement to the undertaking_ 3 Providing notice and i tion_ The agency official miistmay, a cept where appropriate , provide the public with information about an undertaking and its effects on historic properties and seek public comment and input_ Members of the public may also provide their views on their own tiative= for- [the agency official shall determine how much weight to assign su ws_ and when and how to incorporate them into the consider in decisionmakiniz r'rocess_ ACHP Proposal § 800.14(a)(2) (2) Developing programmatic agreements for agency programs. (i) Consultation. The agency official may consultcons„ltation shall involve, as appropriate, individual SHPOs/THPOs, the National Conference of State Historic Preservation Officers (NCSHPO), Indian tribes and Native Hawaiian organizations, other Federal agencies, and members of the public, in developing the programmatic agreement. If a programmatic agreement has the reasonable foreseeable potential to affect historic properties on tribal lands or historic properties of religious and cultural significance to an Indian tribe or Native Hawaiian organization off tribal lands, the agency official shall also follow paragraph (d4) of this section. I Lack of Consultation The uniquely effective dynamic of "consultation" under Section 106 would become purely optional, with no incentive to reach agreement. Instead, the agency could make its own unilateral determinations, then submit a Section 106 Report afterwards for comment. Question and Answer Please submit questions in the Q&A function located at the bottom of your zoom screen National Trustfor Preservation 1E1i]KSriSii7iTL;i&l ii�1iTii:• National Trust /or Historic Preservation' NATIONAL PRESERVATION LAW CONFERENCE National Trustfor Preservation Thank You! Questions? Please contact: FORUM@SAVINGPLACES.ORG National Trust for Historic Preservation° NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS 36 C.F.R. PART 800 -PROTECTION OF HISTORIC PROPERTIES Subpart A —Purposes and Participants § 800.1 Purposes. (a) Purposes of the section 106 process. Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Council a reasonable opportunity to comment on such undertakings. The procedures in this part define establish how Federal age�hcies meet -will fulfill these statutory responsibilities. The section 106 process seeks to accon m.aate historic among the agency official and other parties with on historic properties, commencingat the early the section 106 process is to identify historic prc undertaking, assess its -the undertaking's effects, measures to avoid, minimize or m�t gat , adc ;s throughf cilitates consultation in the of f the undertaking ect applicant. The goal of consultation potentially affected by th eek dentify reasonable i ag tior adverse effects on historic properties to to address adverse effects or the aaencv-afficial's that other (b) Relation to other provi� of the act. 'on 106 is related to oth provisions of the Aact designed to further the national policy of h ric preservation., ferences to those provisions are ncluded in this part to identi y circumstances where they may affect actions taken to meet section 106 requirements. Such provisions may have their own implementing regulations or guidelines and are not intended to be implemented by the procedures in this part except insofar as they relate to the section 106 process. Guidelines, policies, and p cedures issued b other agencies, including the Secretary of Interior, have been cited in art for ease ss and are not incorporated by reference. (c' Picial must complete the section 106 process "prior to the e of any Federal funds on the undertaking or prior to the 'his does not prohibit the agency official from conducting or project planning activities before completing compliance with such actions do not restrict the subsequent consideration of reasonable mitigation to address alternatives to avoid, minimize ormitigate the „rdertaldng's adverse effects on historic properties. The agency official shall ensure that the section 106 process is initiated early in the undertaking's planning, so that ahead range of alternatives mitigation may be considered during the planning process for the undertaking. (2) Default timelines and agency control. Page 1 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (i) In general. Section 106 charges the agency official with "tak[ing] into account the effect of the undertaking on any historic property." The agency official will consider the comments of other parties, as provided for in this part, to inform the decision related to the undertaking and to fulfill its Section 106 responsibility. Section 106 is procedural and does not impose any substantive historic preservation outcomes or obligations, nor does it restrict the scope of permissible decisions available to the agency official. The agency official must consider an undertaking's effects to historic Dronerties. while balancing the nation's interest in historic�eservation with its other interests, such as economic development. part, to be shorter or longer, by: on the agency's website. (C) As Dart of the agency's obligation to ens 1ned decisionmakin . uch outweighing of any interests to Drotect historic Drbnekes that may be affected by the undertaking. 111 fulfills fle agency official's statutory o opportunity to omment with re § 800.2 Participants in th ection 106 pi (a) Agency the Council a reasonable ation to "afford the Council a reasonable to comment with regard to the 106 corn e in accordance with subpart B of this part. The agency official has approval au hority for the undertaking and can commit the Federal agency to take all necessary actions to ensure section 106 compliance as it relates to appropriate action for a specific undertaking a result of section 106 compliance For the purposes of subpart DC of this part, the agency official has the authority to commit the Federal agency to any obligation it may assume in the implementation of a program alternative. The agency official may be a State, local, or tribal government official who has been delegated legal responsibility for compliance with section 106 in accordance with Federal law. (1) Professional standards. Section 112(a)(1)(A) of the Aact requires each Federal agency responsible for the protection of historic resources, including archeological Page 2 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS resources, to ensure that all actions taken by employees or contractors of the agency shall meet professional standards under regulations developed by the Secretary. (2) Lead Federal agency. If more than one Federal agency is involved in an undertaking, some or llthe agencies may shall designate a lead Federal agency e- mail, letter, or other means, which shall identify the appropriate official to serve as the agency official who shall act on their behalf, fulfilling their collective responsibilities under section 106. If such agencies cannot agree on a lead Federal federal government. any aiiencv involved may submit sucleauest to the Council (3) Use of contractors. Consistent with app1icab4 conflict of interest lawThe agency official may use the services of applicants, consulyants, or designees to prepare information, analyses and recommendations under this part. The agency official remains legally responsible for all required findings and determinations. If a document or study is prepared by a non -Federal party, the agency official is responsible for ensuring that its content is applicable standards and guidelines. hL (4) Coordination with other laws consultation. The agency official should coordinate the the s� 106 process, to the extent practicable, shall inolve the consulting appropriate to the scale of the undertaking and the scope of Federal involvement and coordinated with other the requirements of -in other statutes, as applicable, such asincluding the National Environmental Policy Act (NEPA), the Native American Graves Protection and Repatriation Act, the American Indian Religious Freedom Act, the Archaeological Resources Protection Act, the Endangered Species Act, and agency -specific legislation such as Section 4(f) of the Department of Transportation _The Council encourages the agency official to use to the extent possible (b) Council. Council issues regulations to implement section 106,— and provides guidance an ce on the application of the procedures in this part, and genera"„ oversees the operation f the section 106 processj. The Council also consults with and provides comments to agency officials on individual undertakings and programs that affect historic properties. (1) Council entry- intoparticipation in the section 106 process. As detailed in this part, each agency shall provide When the Council determines that its involvement is necessary to ensure that the opportunity to comment on each undertaking. The Council does not have to provide comments on each undertakingpu penes of Page 3 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS section 106 and the act are met, the Council may enter the section 106 Criteria guiding Council decisions to enter the section 106 processprovide ovide comments are found in appendix A to this part. The Council will document that the criteria have been met and notify the parties to the section 106 process as required by this part. (2) Council assistance. Participants in the section 106 process may seek advice, guidance and assistance from the Council on the applicatio f this part to specific undertakings, including the resolution of disagreements ier or not the Coune (c) Consulting parties. The following parties ma consultative n the section 106 process. (1) State historic preservation officer. heritage In accordance with section 101(b)(3) of the act, the State historic W preservation officer (SHPO) advises and assists Federal agencies in carrying out their section 106 responsibilities a operates with such agencies, local governments and organizations and als to ensure that historic properties are *taken into consideration at 11 lev& nlanning and evelopment. (i) SHPO Participation where t as been tribal assumption of SHPO resp nsi 'lities. if -Where an In n tribe has assumed the section 106 resp nsibilities functions of the PO in the section 106 process for uncle takings on tribal lands pursuant to section 1 Q 1 d)(2) of the Act, consultation for undertakings occurring on tribal land or for effects on tribal land is with the tribal historic preservation officer LTA) for the Indian tribe in lieu of the SHPO. on their behalf in the section 106 process, including taking actions that would conclude the section 106 process under this part. (2) Indian tribes and Native Hawaiian organizations. It is the responsibility of the agency official to make a reasonable and good faith effort to identify Indian tribes and Native Hawaiian organizations that should be consulted in the section 106 Page 4 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS process and invite them to be consulting parties. (i) Consultation on tribal lands. (A) Tribal historic preservation officer. For an Indian tribe that has assumed the responsibilities of the SHPO for section 106 on tribal lands under section 101(d)(2) of the Aact, the tribal historic preservation officer (THPO3 appointed or designated in accordance with the A_ac • he official representative for the purposes of section 106. The official shall consult with the THPO in lieu of the SHPO regarding undertakings occurring on or affecting historic properties on tribal lands. (B) Tribes that have not assumed SHPO unctions. When Indian tribe has not assumed the responsibilities of IPO for secti 6 on tribal lands under section 101(d)(2) of the Aact, t e agency official s nsult with a representative designated by such Indian tribe in addition to PO regarding undertakings occurring on or affecting historic properties on its tribal lands. Such Indian tribes have the same rights of consultatio concurrence that the THPOs are given throughout subpart B of this p , except that such consultations shall be in addition to and on the same basis as consultation with the SHPO (ii) Consultation on historic properties of significance to Indian tribes and Native Hawaiian aWanizations. Section ' n' (a`«'(B` of the act requires *The agency official to -shall coltult with any Indian tribe or NativS Hawaiian organization that attaches religious and cultural significance to historic properties that may be dffected by an undertaking consistent with the definition of "historic nronertv" in 36 CFR 800.16(il._Thisiuirement annlies regardless of the L . ezt�re:�s�ser� iu Page 5 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS An Indian tribe br a Native Hawaiian { A or }�� g ation may enter into an agreement with an agency official that -specifies h ey will carry out responsibilities under this part, including concerns over the confidentiality of informatio agreement may cover all aspects of tribal participation in the sectior106 process, provided that no modification mbe made in the roles of other parties to the section 106 process without theirtonsent. An agreement may (3) Re entatives of local governments. The agency official may invite aA repres tative of a local government with jurisdiction over the area in which the effects of an undertaking may occur is entitled to participate as a consulting party. Under other provisions of Federal law, the local government may be authorized to act as the agency official for purposes of section 106. (4) Applicants for Federal assistance, permits, licenses, and other approvals. An applicant for Federal assistance or for a Federal permit, license, or other approval is entitled to participate as a consulting party._as-dew d4n4hiThe ge n l may authorize Aan applicant or their designee may also group of applicants to initiate early consultation directly with the SHPO/THPO and others, consistent with Page 6 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS 800.7(a), but the agency remains legally responsible for all findings and determinations charged to the agency official. The agency official shall notify the SHPO/THPO when an applicant or group of applicants is so authorized. A Federal agency may authorize all applicants in a specific program pursuant to this section by providing notice to all SHPO/THPOs. Federal agencies that provide authorizations to applicants remain responsible for their government to government relationships with Indian tribes. (d) The-Ppublic participation at agency discretic Ad Section 106 of the NHPA, an agency may provide the public with an oljtunity to necessary to resolve community concerns. The agency shall consider how offering an the public interest. (1-)�J_Nature of involvement. -S- z��c.s�s�aizz�. nature and complexity of the undertaking and its effects on historic properties-,; the likely interest of the public in the effects on historic properties; the likely utility of public involvement; any delays at may be created by the process of seeking public comment;; confidentiality conce fosrn private individuals., and -businesses, and tribes;; and the reNtionship of the Federal involvement to the undertaking. Providing notice and information. The agency official mustrny, except whereas ropriate to protect confidentiality concerns of affected parties, provide the public formation a an undertaking and its effects on historic properties and seek pu mment an put. Members of the public may also provide their views on their o itiative. Tthe agency official shall determine how much weight to assign such views, and when and how to incorporate them into the consider in decisionmaking rp ocess. (}Use of other agency procedures. The agency official may use the agency's procedures for public involvement under the National Environmental Policy AetNEPA or other program requirements in lie••sources of law to solicit public comment„ublic involvement requirements in subpart B of ths part, if they provide in the agency official's judgment, adequate opportunities for public involvement consistent with this subpart. Page 7 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS Subpart B —The Section 106 Process § 800.3 Determining Whether There is an Undertaking . (a) Establish undertaking. The agency official shall determine whether the proposed Federal action is an Federal undertaking which section 106 analysis is requiredas defined in § 800.16(y) and, ifso, whether it is a type of activity that has the potential to cause effects on historicpropertio analysis under this Subpart is required, when: the direct or indirect jurisdiction of a Federal agency; or iii) A third party is tal Federal governme party's action, suc cause of such actii Procedural obligation circumstances: (i) When the action c iii) When review under provision of law; In F convert it into a Federal ision will not result in final 106 would conflict with the action under the ;ments of another isional criteria wi to alter its action based on the consideration of the results of a For For S� local governmental actions, including where the state or local government is exercising delegated federal authority to act or to issue a license to a third party; (vi) For actions funded by federal grants where the federal government does not retain control over how, to whom, or why the grants are disbursed; (vii) For actions merely subject to a federal veto, but not requiring affirmative Page 8 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS Federal approval in the form of a license, permit, or other form of formal approval; viii) When the nronosed action is an action for which another statute's requirements serve the function of agency compliance with the Act; (ix) For actions with no or minimal Federal funding, or with no or minimal Federal involvement where a federal agency cannot control the outcome of the project. A but -for causal relationship is insufficient to make an gency responsible for a particular action and thus, does not by itself cony that action into a Federal undertaking within the meaning of the languag ct. In determining whether a proposed project constitutes an u king for which section 106 review annlies, the aLyencv offl4'ial *ill consider o e action or nroiect authorize. (b) undertaking, the official shall determine whethei" Pl" R a typy of activity that has the potential to cause effects on histori ro erties. (1) No potential to cause effects. If the undertaking is a type of activity that does not have the potential to cause effects on historic properties, assuming such historic properties were sent, the agency official has no further obligations under section 106 or this part. (2) Prograht alternatives. If the review of th ndertaking is governed by a Federal agency program alternative established under § 800.14(b) of this part after [date of promulgation], a Federal agency program alternative in existence before [date of promul atg ionl,or a programmatic agreement in existence before January 11, 2001, the agency official shall inay follow the program alternative. oordinate with ither reviews. The agency official should coordinate the steps of the Lion 106 process, as appropriate, with the overall planning schedule for the aking and with any reviews required under other authorities such as the National En ental Policy Act EPA , the Native American Graves Protection and Repat Act, the Am ican Indian Religious Freedom Act, the Archaeological Resource ection Act, the Endangered Species Act, and agency -specific legislation, such as section 4(f) of the Department of Transportation Act. Where consistent with the procedures in this subpart, the agency official may use information developed for other reviews under Federal, State, or tribal law to meet the requirements of section 106. Page 9 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS tiir •c'1irutrr T::1 , i1iij 1 7TSTSl�FYS Ef ..-.... �_•• .• �• Page 10 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS § 800.4 Agency Official's Responsibilir to Prepare a Section 106 Reportldentification of historic properties. ►J rI&Ifl .flk.a. ..palrp.1 .'. .....p .y.raraI ...rpa.ja _r,i Ifs /fS9 .��I\./uA�f. �� % \ S �/��1�/�\.1/... psa.9 .A1tom/U\ .� I..IA9t9\1lug! ULI Ill pircqivsr .J g •A E(a) Preparation of Report do t historic r r ,,tic . If the agency official determines the project is a Federal undertaking pursuant to § 800.3(a)(1) and that it has the potential to cause effects, the agency official shall prepare a "Section 106 Report." In Page 11 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS . �� � , ��fi,Tlf:llS�il i .. , nns.1a�Si�EflSi:Eff!!lEflJ�l7 EiCf aJ/ iS.a_•.as :.y�.a��0i ar. av a.eannae. a• aeehWtR. ri•JUnaua.e.a.:rVAVA. ..e... ate,.,. s.a studies, the magnitude and The agency official shall take into account (although the exhaustively document) past planning, research and consultation nursuantIM 800.7(a) with some or all parties when, in the agency official's judgment, such early consultations would be account thelleadlines imposed pursuant to section (5) above and locatio}i of historic properties within the area of potential effects; and (c+Rely on the Secretary's standards and guidelines for identification and also consider other applicable professional. State, tribal, and local laws, standards, and guidelines, as appropriate. (b) Contents of Report. The Section 106 Report shall provide a concise analysis that includes Page 12 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS the following: (1) Determine and document the area of potential effects, as defined in 800.16(d). (i) The agency official shall document how he drew reasonable and manageable lines regarding the consideration of effects that are remote in time or place. (i) Apply National Register criteria. Se'ctioij 106 religiou and cultural significance to ideiitified properties that are eligibleand for or listed in evaluation, the Nationa gister. The agency official shall determine whether the property is eligible for the National Register by applyingapply the National Register criteria (36 CFR part 63) to properties identified within the area of potential effects that 4ye not been previously evaluated for National Register eligibility. The passage e, changing perceptions of significance, or incomplete prior evaluations uire the agency official to reevaluate properties previously determined eligible or ineligible. The agency official shall acknowledge that Indian tribes and Page 13 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS -• _.• rat'i •i• •u u i . • .• Page 14 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS F flWfll iIII11 i1X Evaluatehether the project will ha adverse effects on these historic• i) Apply criteria of adverse effect. In consultation with the S PO/Tune and any Indian ;g i fieance to ideht fled historic properties, Tthe agency official shall apply the criteria of adverse effect to historic properties within the area of potential effects. As to each historid property within the area of potential effects, if the agency official finds that there will be adverse effects, the agency official shall explain in the report the adverse effectThe aencv official shall consider any views (ii) Criteria of adverse effect. An adverse effect is found when it is reasonably foreseeable that an undertaking will cause material alteration inmay alter, directly or indirectly,any of the characteristics of a historic property that qualifiesy the historic property for inclusion in the National Register in a manner that would diminish the integrity f the property's location, design, setting, materials, Page 15 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS workmanship, feeling, or association. Consideration shall be given to all qualifying characteristics of an eligible or listed historic property, including those that may have been identified subsequent to the original evaluation of the property's eligibility for the National Register. Adverse effects may include only those reasonably foreseeable effects that have a reasonably close causal relationship tosaused by the undertaking _that occur later in time, be far-ther removed in distance or be cumulative. authority. If it chooses to do so. the aLyencv officiaLakll document how he or in in that would have to be initiated by a third party. (iii)Examples of adverse of cts. Adverse eWo istoric properties include, but are not limited to: (A) Physical destruction of or material damage to all or part of the property; (B) Ph sica Iteration of thea property, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, and provision of handicapped ac ess, that is not consistent with the Secretary's standards for the treatment of historic properties (36 CFR part 68) and applicable guidelines; (C) Removal of the property from its l ric location; (iv) Change of the character of the propT's use or of physical features within the SD) Neglect' of a property which causes its deterioration, except where such neglect and deterioration are recognized qualities of a property of religious and cultural significance to an Indian tribe or Native Hawaiian organization; and (B)(E) Transfer, lease, or sale of property out of Federal ownership or control without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property's historic significance. (iv) Finding of no adverse effect. An undertaking results in no adverse effect if the undertaking's effects do not meet the criteria of adverse effect. If a finding of no Page 16 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS adverse effect is made, the agency shall proceed to subsection (c) of this part. (4) Identify the measures to be taken to address adverse effects identified pursuant to subsection (b)(4)(iii) of this subsection or memorialize when the agencv official has determined that other considerations outweigh those of historic preservation. (i) The agency official shall develop and evaluate reasonable mitigation measures that are within the federal agency's regulatory authority to address the adverse effects on historic properties of the undertaking that ere mOthin the federal agency's regulatory authority. 11 judgment; and any considerations addressed briefly or left unaddressed are presumed to L„ .«4,x...4. .�«..i L.. ...�.� .�« 4L .� .. .�,.«..�.7 ,. ... .�....,.,. ,�...4 4L ..♦ ,... ..L ...�«.., .7 ,�....4: .�«.. .....� .�.�.,....-......4.�..���. unimportant or frivolous. Notice of Conclusions. When the agency official has complet?fie Section 106 he shall transmlt'it to all consulting narties pursuant to 6 800.5(a)(1) along with W (2) No historic properties are affected. The agency official determines that there are historic properties present but the undertaking will have no material effect upon them. �LHistoric properties are ected. The agency official determines that there are historic properties present and that the undertaking will have adverse effects on them. (1) Where or large land area or for other reasonwhere access to properties is restricted, the agency official may elect to issue multiple reports muse a phased process, provided that the agency approves or performs work only for those phases of an undertaking covered by a report that has completed review under §§ 800.5-6 in applying the criteria of adverse effect consistent with phased identification and evaluation efforts conducted (2) The agency official may also defer identification and evaluation of historic properties Page 17 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS if such deferred process is specifically provided for in a memorandum of agreement executed pursuant to § 800.6(c), programmatic agreement executed pursuant to § 800.14(b), or the documents used by an agency official to comply with NEPA pursuant to § 800.8. The phased -evaluation process should establish the likely presence of historic properties within the area of potential effects for each alternative or inaccessible area through background research, consultation and an appropriate level of investigation for the proposed undertaking under its regulatory authority. 800.5 Circulation of Report for Comments (a) Consultinii parties. Report to the following ersons and invite entto participate as c sulting parties: (i) The Council. (ii) The SHPO or SHPOs of any state wit e area tential effects, except as provided in 800.2(c)(1 . (iii) The appropriate THP r THPOs or any oth an tribe or Native Hawaiian organization, as provided for in § 2(c)(2). Ei)(iv) Project applicants. ii(v) es of an 1 nmeIi1. ____ are entitled to be con g parties r 800.2 (b) Timin (1) Parties shall be deemed to have t e ort and invitation to consult: (i) On the day of dispatch, if it is delivered via a known e-mail address or other reliable electronic mean, 5 days after disp ch if se y other means. 2 Un therwise s e fled by the agency official pursuant to 800.1(c)(2), parties have Wtet to res ond. (3) Anypartyrespond within 60 days shall be deemed to have waived any objections or Mmments to the report. (c) Types of Response. Consulting parties should submit comments supporting one or more of the following types of response: (1) Support. The consulting party can support the agency official's report. (2) Factual objection. The consulting party can object, as a question of fact, to the Page 18 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS agency official's determinations as to: (i) The scope of the area of potential effects; (ii) The presence of historical properties within the area of potential effects; (iii) Whether the project will have adverse effects on a given property or properties; or outweigh those of historic preservation. lli��!lXSl�l:'�5TSe�i7�.tiTSN...nvaI...jaRfr:1�'.tSL7ST.T�TSlI:FYS Page 19 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS W rsI&flza:US r er�r r e!� :rs r eee!'ds. _,. jjjr.. • Page 20 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS irirri .�� t/01�/f.. b1Uf..It9WI •1�/U fl�1W/uAI.IS.S91./.t! I I1�19�-� § 800.6 FinalizationResolution of adverse effects. concerns of that commenter. and revise the motion 106 Renort as necessary, on a adverse effects through the Se'¢tion�port. agreement executed and implemented pursuant to this section evidences the agency official's compliance with section 106 and this part and shall govern the undertaking. The agency official shall ensure that the undertaking is carried out in accordance with the memorandum of agreement. (1) Signatories. The Signatories shall have sole authority to execute, amend or terminate the memorandum of agreement in accordance with this subpart. Page 21 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (i) Required signatories: The agency official and any relevant SHPO/THPO are required to be Signatories to a memorandum of agreement executed pursuant to paragraph (b)(1) of this section. The Council is also required to be a signatory if it has chosen to participate in consultations. (ii) Invited signatories: (A) The agency official shall invite an Indian tribe or Native Hawaiian organization that is a consulting party pursuant to & 800.2(c) and attaches properties. The agencv official shall invite any nartb that assumes�nonsibili rights with regard to seeking amendment or termination of the memorandum of agreent as other Signatories. instrument, and may include any such terms as are helpful, as, e.g., provisions to deal with the subsequent discovery or identif�lcation of additional historic properties that 1 may be affected by the undertakin rovisions for monitoring and reporting on its implementation, or provisions foermination if the undertaking has not been implemented within a specific time. ' ents. The,Signato o a memorandum of agreement may amend it is written consent. If the Council was not a Signatory to the original the agencv official shall file it with the Council. (4) Terminktion of Participation. If any Signatory or Invited Signatory determines that the terms of a memorandum of agreement cannot be or are not being carried out, that Signatory or Invited Signatory can request consultation among the Signatories to seek amendment of the memorandum of agreement. If the consultation does not occur or does not result in amendment of the memorandum of agreement within 60 days of notifying the Council of such consultation request, that Signatory may rescind their signature and terminate their participation in the memorandum of agreement. If the Signatory that terminated their participation had substantive obligations under the memorandum of agreement, the agency official can sever or unilaterally reform any provision that imposed such obligations after consultation with the Council. Page 22 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (d) Publication. The agency official shall publish the Memorandum of Decision on the agency's website and provide all consulting parties with a copy. FtTZ.ira. n.7-�isLci 2TT:l Gii Si7 Si:S>rS i.T.iir7�'S. aw.ilv.iawSS- . it-S.a !XrflS'i7T--..ST-- .aAlt ijiji Page 23 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS �7 rzstre�rfeee�astfrssi:rseser.��sstrseeser�:. ye Page 24 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS fliir m irrii FUWJUffWllhiI1 Iuir1ii Lt14IPJ1TJ1 .il1!iIItiJiIJ11iLillllj1J - iii �� Page 25 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS § 800.7 Early Consultation a) Invitation Parties. The agency official 800.5(a), to consult earlier in that could be a 800.2(c)(4). it may initiate consultation on lha f of the agency official. Such e consultation consultatmay be appropriate wher SHPOs s or other individuals or organizations are likely to have knc historic pro in the area of potential effects and be able to identify issi relating to the akin2's potential effects on such historic properties: or tribes or Native Hawaiian organizations or their respective THPOs are likely to jowledge regarding historic properties within the area of potential effects, Nation Te ig ster. (b) If a party is so in d: (1) Deadline for initial response. An.. such shall respond to confirm their participation within 15 days of service or its participation is deemed waived. (2) Default timelines. The agency official may set timelines for participation in its notice, provided such deadlines are reasonable in light of the project as a whole. In the absence of such a deadline, the default deadlines shall be: Page 26 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (i) 30 days to assist in the identification of historic properties. (ii) 45 days, to run concurrently, to assist in the evaluation of effects and to propose ways to address adverse effects. (3) Confidentiality. In the early consultation process, the agency official should address concerns raised about confidentiality pursuant to § 800.11(c). (1 -No creation of rights: Participation in early consultation s no rights on the of the consulting artnor obligations on the part oft iicy beyond those provided by Section 106 and this part. I\ Page 27 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS •��tIUIJIIIIIUmJJ )art C —Other Considerations 800.8 Integrating 106 Compliance with the National Eaironmental Policy Act. .. nsitiiirir Page 28 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS also a "major federal action" subject to NEP a, ,n'agency official may elect to use the process and documentation required for th reparation of an Environme al Assessment (EA) and Finding of No Significant Impa t (FONSI)A/FONSI or an En ental Impact Statement (EIS) Record ofODecisibn D to comply with secti 106 in lieu of the procedures set forth in §§ 800.3-7 if the agency official has notified in advance the SHPO/THPO tenninental Council tha intends to do so and the following standards are met. (1) Standards for developing documents ply with Section 106. During preparation of the EA or draft EIS the a official shall: (i) Identifx the area of potential effects and relevant consulting parties ear pursuant to § 800.3(f) or through the NEPA scopinocess with results cons with 800.4(b) and 8(.a)- 800.3(f); art of the NEPA process, if the official determines it would be helpful. £iI)Jdenti oric properties and ass the effects of the proposed undertaking on such perties in a manner consistent with the standards and criteria of §4 800.4 through 80n c, provided that the scope and timing of such effortsthese steps may be adjustedphase€1 to reflect the agency official's consideration of oject alternative in the NEPA process and the effort is commensurate with sessment of ther environmental factors; and (iii) Eva ate reasonable mitigation measures to address adverse effects of the undertaking on historic properties, describe them, and explain the agency official's selection of reasonable measures or determination that other factors outweigh the interests in historic preservation for this particular effect. roperty, or project, in the EA or EIS. .. :. Page 29 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS rant ... ! !tI. .y.rp �e! is . _ypn • . (2) Review of environmental documents. (i) The agency official shall submit the EARS, or EIS to the relevant Li and other consulting parties prior to or when making the document available tor public comment and to inform the agencyagencys decisi n for the purposes of section 106 review. EIS, the agency comments must be received Momnly with the relevant deadlines annlicable to iii) Thetgenc 's dete or a ROD, as appropriate, de endin on he out of the NEPA review. f,.. �� -.. aWn.. U �.:.:....: �..0. �r,...L9•...9t..a..:f:..K..:..4....:.: a..:.:L.flfl :.'I fl9:.vi : A1.....:.H Page 30 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS - _' - _.iiT_________iTI'i___"' - (b) Modificati�li of(hrtaking. If the undertaking is modified after approval through the ROD or other ec ion document in a manner that materially changes the undertaking or alters its effects on historic properties, or if the agency official fails to ensure that the measures adopted to address void, minimize mitigate adverse effects (as specified in either the FONSI or the ROD or other decision document, or in the documentbinding eft adopted pursuant to paragraph (a)(2)(c)(4) (c)(4of this section and § 800.6) are carried out, the agency official shall notify the Council and all consulting parties and proceed in accordance with any appropriate process under this part or athat supplemental environmental documents will be prepared in compliance with NEPA or that the procedures in §§ 800.3 through 800.6 will be followed as necessary. Page 31 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (c) Actions categorically excluded under NEPA. If a project, activity or program is found to be excluded pursuant to a categorical exclusion under NEPA, see 42 U.S.C. 4336(a)(2), (b)(2), the agency official shall determine if, notwithstanding that finding, the project, activity, or program qualifies as a Federal undertaking requiring review under section 106 pursuant to § 800.3(a). If so, the agency official shall first review whether the undertaking falls within an exempted category under § 800.14(c). If not, the agency official shall then proceed with section 106 review in accordance with the procedures in this part. § 800.9 Council review of section 106 compliance. (a) Assessment of agency official compliance for ' Vual undertakAgs. he Council may provide to the agency official its advisory opinio regarding the sub of any finding, determination or decision or regarding the adequacy of the agency offi ompliance with the procedures under this part. The Council may prow' such advice any time at the request of any individual, agency or organization initiative. The agency (b) Agency failure to rovide he Gouncil-ts a• rtunity to comment. Where an agency official has failed to complete the require of section 106 in accordance with tcedures in this part prior to the approva an undertaking, the Councils may e deprived of an opportunity to comment on he agency official's findings.m eoreclosed. The Counc may review such undertakinga case to determine ether the Council was so deprived foreclosure has occurred. If tThe Council determines that the agency failed to ovide it with an opportunity to comment, then it shall notify the agency official and th ency's allow 30 ts for the agency official to provide information as to whether deprivation of the Council's opportunity to comment has occurred. If the Council determines he Council sha transmit the determination to the agency official and the head of the agency. The Council shall also make the determination avaable to the public and any parties known to be interested in the undertaking and its of upon historic properties. (c) Intents dverse effects by applicants — (1) Agency responsibility. Section 110(k) of the act prohibits a Federal agency from granting a loan, loan guarantee, permit, license or other assistance to an applicant who, with intent to avoid the requirements of section 106, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed such significant adverse effect to occur, unless the agency official, after consultation with the Council, determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant._ idance issued by the Secretary pursuant to section 110 of the act governs its implementation. Page 32 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (2) Consultation with the Council. When an agency official determines, based on the actions of an applicant, that section 110(k) is applicable and that circumstances may justify granting the assistance, the agency official shall notify the Council and provide documentation specifying the circumstances under which the adverse effects to the historic property occurred and the degree of damage to the integrity of the property. This documentation shall include any views obtained from the applicant, SHPO/THPO, an Indian tribe if the undertaking occurs on or affects historic properties on tribal lands and the Indian tribe does not hay appointed or designated THPO, and other parties known to be interested i the undertaking. (i) Within 30thirty days of receiving the agency offtdcials notification unless otherwise agreed to by the agency official, the Council shall provide the agency official with its opinion as to whether circumstances justify granting assistance to the applicant and any possible miti ion of the prior advers effects. (ii) The agency official shall consider the Council's opinion in make ecision on whether to grant assistance to the appUcant, and shall notify the ouncil, the SHPO/THPO, and other parties known to be interested in the undertaking prior to granting the assistance. 14 (d) Compliance with Section 106. If an agency official, after c''onsulting with the Council, determines to grant the assistance, the agency -official shall comply with §§ 800.3 through 800.6 to take into account the effects of the undertaking on any historic properties. OF (e) Evaluation of Section 106 operation he Council may evaluate the operation of the section 106 process by periodic review how participants have fulfilled their legal responsibilities and how effec vely the outcomes reached advance the purposes of the act. (1) Information from participants. Section 203 of the act authorizes the Council to obtain information from Federal agencie ecessary to conduct evaluation of the section 106 process. The agency officiateshall make documentation of agency policies, opertkting procedures and actions taken to comply with section 106 available o the Council upon request, to e extent permitted by law and within available ds. The Council may reque available information and documentation from other ants in the section 106 process. (2) Impr the operation of section 106. Based upon any evaluation of the section 106 proc e Council may make recommendations to participants, the heads of Federal agencies, and the Secretary of actions to improve the efficiency and effectiveness of the process. Where the Council determines that an agency official or a SHPO/THPO has failed to properly carry out the responsibilities assigned under the process in this part, the Council may participate in individual case reviews conducted under such process in addition to the SHPO/THPO for such period that it determines is necessary to improve performance or correct deficiencies. If the Council finds a pattern of failure by a Federal agency in carrying out its responsibilities under section 106, the Council may review the policies and programs of the agency related to Page 33 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS historic preservation pursuant to section 202(a)(6) of the act and recommend methods to improve the effectiveness, coordination, and consistency of those policies and programs with section 106. § 800.10 Special requirements for protecting National Historic Landmarks. (a) Statutory requirement. Section 110(f) of the act requires that the agency official, to the maximum extent possible, undertake such planning and action as may be necessary to minimize harm to any National Historic Landmark that may be directly and adversely affected by an undertaking. When commenting on such undertakings, the Council shall use the process set forth in §§ 800.5-6 through 800.7 and give special consideration to protecting National Historic Landmarks_as sPecifie4his section. Secretary of any consultation involving a National Historic Landmark and invite the Secretary to participate in the consultation where there may be an adverse effect. The Council may request a report from the Secretary under se on 213 of the act to assist in the consultation. Ed(c) Report of outcome. When the Council participates in consultation under this section, it shall report the outcome of the section 106 process, providing its written comments or any memoranda of�agreement to which it is a signatory, to the Secretary aid the head of the agency responsible for the undertaking. § 800.11 Documentation standards. (a) Adequacy of documentation. The ag ncy official shall ensure that a determination, nding, or agreement under the procedures in this psubpart is supported by ufficient documentation to enable any reviewing parties to understand its basis. The ncy official shall provide such documentation to the extent permitted by law and available funds. When an agel1cy official is conducting phased identification or eva n under this a , the documentation standards regarding description of histori erties ma applied flexibly. If Council, or the SHPO/THPO when iiuis: (b) Format. The agency official may use documentation prepared to comply with other laws to fulfill the requirements of the procedures in this psubpart, if that documentation meets the standards of this section. Page 34 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (c) Confidentiality — (1) Authority to withhold information. Section 304 of the act provides that the head of a Federal agency or other public official receiving grant assistance pursuant to the act, after consultation with the Secretary, shall withhold from public disclosure information about the location, character, or ownership of a historic property when disclosure may cause a significant invasion of privacy; risk harm to the historic property; or impede the use of a traditional religious site by practitioners. When the head of a Federal agency or other public official has de)rmined that information should be withheld from the public pursuant to these criteria, the Secretary, in consultation with such Federal agency head or official, shall determine who may have access to the information for the purposes arryingthe act. (2) Consultation with the Council. When the information in ques as been developed in the course of an agency's compliance with this part, ecretary shall consult with the Council in reaching determinations on the wit rig and release of information unless the informationis reauired to be withhel disclosure by another statute. In furtherance`aTthis consultation requirem' theThe Federal agency shall provide the Council with relevant available information, including views of the SHPO/THPO, Indian tribes and Native Hawaiian organizations, related to the confidentiality concern. The Council shall advise the Secretary and the Federal agency within 2130 da s of receipt of available information: nrovide'. that a failure by the Couprovide timely release of Oformationade^uuate documentation. (3) Other authorities affecting confidentiality. Other Federal laws and program requirements may limit public access to information concerning an undertaking and its effects on historic properties. Where applicable, those authorities shall govern public access to information developed in the section 106 process and may authorize the agency official to protect the privacy of non -governmental applicants. e ort. Finding no istoric propertics affcctcd. Documentation shall include, as ant: (1) ription of the dertaking, specifying the Federal involvement, and its area of pot ial effects, including photographs, maps, and drawings, as necessary; (2) A description of the steps taken to identify historic properties, including, as appropriate, efforts to seek information pursuant to § 800.4(b);and (3) The basis for determining that no historic properties are present or affected, if such a determination has been made; rRM.MENTUMUr t � .see!y: rs s -r-: rs�Eelsr.�rars:*rs!szs!�: rrse�s�� IrsjMr!s1jnTul1yIua1ruhJ1u ./UI flI 9. L91TU UL ����� F •tfl}rfU\• .!ffl%O? !r1♦UI97AlbIm' Page 35 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (2) A description of the steps taken to identify historic properties; (3,)A description of the affectedy historic properties present, esent, including information on the characteristics that qualify them for inclusion in the National Register; (4) LA description of the undertaking's effects on those historic properties; and (5)1LAn explanation of why the criteria of adverse effect were found applicable or inapplicable, including any reasonable mitigation to address lverse effects, or, inimize r ,, igat adverse effects; and_ the report and the agency official's response ny comments receive consulti ap rties. (a) Memorandum of agreement. A i*JJTff V' :!'ta._ § 800.12 Emergency situations. (a) Agency procedures. TheEach agencyial, Cau l� is encouraged to develop procedures for taking historic properties into account during operations which respond to a disaster or emergency declared by the President, a tribal government, or the Governor of a State or which respond to other Page 36 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS emergency situations. immediate threats to life or property. If approved agreed to by the Council, the procedures shall govern the agency's historic preservation responsibilities during any disaster or emergency in lieu of § § 800.3 through 800.6. (b) Alternatives to agency procedures. In the event an agency official proposes an emergency undertaking inas an essential and immediate response to a disaster or emergency declared by the President, a tribal government, or the Governor of a State or another emergency situationimmediate threat to life or prope nd the agency has not developed procedures pursuant to paragraph (a) of this sect' agency official may comply with section 106 by: (1) Following a programmatic agreement developed pu'Cai800.14(b) that contains specific provisions for dealing with historic properties emergency situations; or I (2) Notifying the Council, the appropriat •Os/THPOs and any Indi e or Native Hawaiian organization entitled significance to historic properties likely to consulting partyunder 800.2 c 2 affected prior to he undertaking a d affording them an opportun to comment within 7seve} d s of notification. If the agency official determines that circumstances do not perm 7seven days for comment, the agency official shall notify the Council, the SHPO/THPO and suchthe Indian tlbe or Native Hawaiian organization as soon as is feasible, including, if and invite any comments within the time availal (c) Immediate rescue and salvage operations conducted to preserve life or property are exempt from the provisions of section 106 and this part. § 800.13 Post -review discoveries. (a) Planning for subsequent discove — (1) Usg a programmatic agreement. An agency official may develop a programmatic agreement pursuant to § 800.14(b) to govern the actions to be taken when historic properties are discovered during the implementation of an undertaking. (2) Using memoranda of decision or memorandum of agreement documents. When the agency official's identification efforts in accordance with § 800.4 indicate that historic properties are likely to be discovered during implementation of an undertaking and no programmatic agreement governs the undertakinghasbeen developed pursuant to paragraph (a)(1) of this section, the agency official shall include in any finding of no adverse effect or memorandum of decision or memorandum of agreement, the -a-process that agency official shall follow to address to resolve adverse effects upon such subsequently discovered properties. Actions Page 37 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS in conformance with the -such process satisfy the agency official's responsibilities under section 106 and this part. (b) Discoveries without prior planning. If historic properties are discovered or unanticipated effects on historic properties found after the agency official has completed the section 106 process without establishing a process under paragraph (a) of this section, the agency official shall make reasonable efforts to avoid, minimize mitigate address adverse effects to such properties and: (1) If the agency official has not approved the undertaking*,construction on an approved undertaking has not commenced, consult to resolve address adverse effects pursuant to §§ 800.4-6; or 4 (2) If the agency official, the SHPO/THPO an Indian tribe o 've Hawaiian organization that might attach religious and ltural significance affected property agree that such property is of value solely for its scientific, storic, historic or archaeological data, the agency official may comply with t Archaeological and Historic Preservation Act instead of the procedures i part and provide the Council, the SHPO/THPO, and the -such Indian tribe or Nati e Hawaiian organization with a rSthe he actions within a reasonable time after they are completed; or (3) If the agency official has apprndertaking and ction has commenced, determine actijhat the agenc ficial can take to dress adverse effects, and notify he SHPO/THPO, any ' n tribe or Native Hawaiian organization that entitled to"be a consulting party under 800.2 )(2)the affected property, and the Council within 48 hours of the discovery. The notification shall describe the agency official's assessment of National Register eligibility of the property and proposed actions to resolve adverse effects. The SHPO/THPO, the -a Indian tribe or Native Hawaiian organization entitled to be co Ling party under § 800.2(c)(2), an# the Council shall respond within 48 hours of the notification. The agency official shall take into account their recommendations regarding National Register eligibility and proposed actions, and then carry out aiy ctions the a enc official determines to be appropriate _actions. The agency official provide the SHP0 /THPO,The-a yJndian tribe or Native Hawaiian organization &d to be a consulting party under § 800.2(c)(2), and the Council a report of the they a completed. (c) Eligibility of properties. The agency official, in consultation with the SHPO/Tune, may assume a newly -discovered property to be eligible for the National Register for purposes of section 106. The agency official shall specify the National Register criteria used to assume the property's eligibility so that information can be used to address in the resolution of adverse effects. (d) Discoveries on tribal lands. If historic properties are discovered on tribal lands, or there are unanticipated effects on historic properties found on tribal lands, for an approved undertaking that did not includeafter the agency official has completed the Page 38 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS section 106 process ithout establishing a process under paragraph (a) of this section and ground -disturbing activities haveco„str ctio„ has commenced, the agency official shall comply with applicable tribal lawsregulations and consult with the THPO orprocedures and obtain the concurrence of the Indian tribe, as applicable, on the proposed action. Subpart DE —Program Alternatives § 800.14 Federal agency program alternatives. A# publish notice of final alternatcedures the Federal Register. No (4) Legal effeet. Alternate proeedurdopt suant to this subpart substitute for the ______ eouneil's tions for the purposes of the ageney's compliance with section 106, except that an Indian tribe has entered into an agreement with the Council to substitute triba historic preservation regulations for the Couneil's regulations under tion 101(d)(5) of the act, theagency shall follow those regulations in lieu of the ____ _'s procedures regarding undertakings on tribal lands. Prior to the Couneil en into such agreements, the council will provide Federal agencies notice and oppo to co e4it on the proposed substitute tribal regulations. (b)(a) Programmatic agreements. The Council and the agency official may negotiate develop and agree to a programmatic agreement to govern the implementation of a particular program or the resolution olio address adverse effects from certain complex project situations or multiple undertakings. (1) Use ofprogrammatic agreements. A programmatic agreement may be used: (i) When effects on historic properties are similar and repetitive or are multi -State or regional in scope; Page 39 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (ii) When effects on historic properties cannot be fully determined prior to approval of an undertaking; (iii) When nonfederal parties are delegated major decisionmaking responsibilities; (iv) Where routine management activities are undertaken at Federal installations, facilities, or other land -management units; or (v) Where other circumstances warrant a departure section 106 process. (2) Developing programmatic agreements for (i) Consultation. The agency offici appropriate, individual SHPOs/1 Historic Preservation Officers (r piirconsultatii. ii , as National Confer f State Indian tribes and e Hawaiian organizations, other Federal agencnd members of the public, in developing the programmatic agreement. If a p o rammatic agreement has the reasonable foreseeable potential to affec storic properties on tribal la or historic properties of religious and cultural significance to an Indian tribe or Native Hawaiian organization df tribal lands, the ency official shall also follow paragraph (cif) of this section. (ii)(ii) Effect. The programmatic agthi meat shall take effect when executed by the Council and; the agency officia4. agency official and the Council shall seek, but are not required to obtain, the concurrence of the appropriate SHPOs/THPOs when the programmatic agreement concerns a specific region, or the president of NCSHPO when NCSHPO has participated in the consultation. A programmatic agreement shall take effect on tribal lands only hen the applicable THPO, Indian tribe, or a designated representative of the e is a signatory to the programmatic agreement. Compliance with the procedures established by an approved programmatic agreement satisfies the agency's section 106 responsibilities for all individual undertakings of the program covered by the programmatic agreement until it expires or is terminated by the agency official, the president of NCSHPO when a signatory, or the Council. Termination by an individual SHPO/THPO or Indian tribe shall only terminate the application of a regional programmatic agreement within the jurisdiction of the SHPO/THPO. If a THPO assumes the responsibilities of a SHPO pursuant to section 101(d)(2) of the act and the SHPO is signatory to programmatic agreement, the THPO assumes the role of a signatory, including the right to terminate a regional programmatic agreement, but only on tribal Page 40 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS lands under the jurisdiction f the tribe. iii Notice. The agency official shall notify the parties with which it has consulted that a programmatic agreement has been executed under paragraph (b) of this section, provide appropriate public notice before it takes effect, and make any internal agency procedures implementing the programmatic agreement readily available to the Council, SHPO/THPOs, and the public (iv) If the Council determines that the terms of a programme iL agreement are not being carried out and terminates thate programm tic cement, or if such an agreement is terminated, or if such agreement i ermi ated by NCSHPO, a SHPO/THPO. or Indian tribe, as annlicable. then those) lividual undertakina� agency official shall comply with suit Brof this part {4)(3) Prototype programmatic agreements. The CWcil may designate an agreement document as a prototype programmatic agreement that may be used for the same type of program or undertaking in more thaone case or area. When an agency official uses such a prototype programmatic agreement, the agency official may develop and execute the agreement with the appropriate SHPO/THPO and the agreement shall become final wit need for Council participation in consultation or Council signature. rted categories — ,r establishing. The Council or an agency official may at any time propose or category of undertakings that may be exempted from review under the of subpart B of this part, if the program or category meets the following (i) The actions within the program or category would otherwise qualify as "undertakings" as defined in § 800.16; (ii) Such action, considering its magnitude, normally does not have adverse The potential effects ofthe undertakings within the program or category upon historic properties, or such effects are foreseeable and likely to benormally minimal not adverse; and (iii) Exemption of the program or category is consistent with the purposes of the act. Page 41 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS If a proposed exemption has reasonably foreseeable i ial to affect historic (5)LCo eview of proposed exemptions. The Council shall review an proposed exemption that is supported by documentation describing the program or category for which the exemption is sought, demonstrating that the criteria of paragraph (c)(1) of this section have been met, describing g the methods used to seek the of the public, and summarizing any views submitted, as applicable, by the SHPOs/THPOs,. the public, and any oth is consulted. Unless it requests further information, the Council sha approve or reject the proposed exemption within 30 ays of receipt, and thereaft ify the relevant agency official and SHPO/THPOs of the decision. The decision s 1 be based on the consistency of the exemption with the purposes of the act, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic properties in accordan with section 214 of the act. (6)4JLegal c ences. Any undertaking that falls within an approved exempted program or ca egory shall require no further review pursuant to subpart B of this part, unless the agency official or the Council determines that there are extraordinary circumstances under which the normally excluded undertaking should be reviewed under subpart B of this part. (7)LLTermination. The Council may terminate an exemption at the request of the agency official or when the Council determines, after consultation with the relevant Page 42 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS agency officials, that the exemption no longer meets the criteria of paragraph (c)(1) of this section and cannot be narrowed in scope to meet such criteria. The Council shall notify the agency official 30 days before termination becomes effective. Notice. (._The proponent of the exemption shall publish notice of any approved exemption in the Federal Register. AL set forth in subsection (1) above. (d)(c) Programmatic comments. An agency official may request the Council to comment on a category of undertakings in lieu of conducting individual reviews under § § 800.4 through 800.6. The Council may provide program comments at its own initiative. (1) Agency request. The agency official shall identify the category of undertakings, Page 43 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS specify the likely effects on historic properties, specify the steps the agency official will take to ensure that the effects are taken into account, identify the time period for which the comment is requested and summarize any views submitted by interested parties or the public. individual SHPOs/THPOs. Indian tribes and Native F1liian organizations. other Hawaiii organization off tribal lands th agency official shall also follow paragraph this se ion. (i) Council action. Unless the Council requests additional documentation, notifies the agency official that it will decline o -comment, or obtains the consent of the 1 to extend the period r providing comment, the Council shall C, agency official within 430 days of the request. icil comments, the agency official shall take into account the of t e Council in carrying out the undertakings within the rid Mjblish notice in the FEDERAL REGISTER of the Council's and steps the agency will take to ensure that effects to historic are taken into account. icil declines to comment, the agency official shall continue to comply with the requirements of § § 800.3 through 800.6 for the individual undertakings. Page 44 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (e)(d) Consultation with Indian tribes and Native Hawaiian organizations when developing program alternatives. Whenever an -the Council or the agency official proposes a program alternative pursuant to paragraphs (a) through (c) of this section that has reasonably foreseeable potential to affect historic properties on tribal lands or historic properties of religious and cultural significance to an Indian tribe or Native Hawaiian organization off tribal lands, the Council or; the agency official shall ensure that development of the program alternative includes appropriate government to government consultation with affected Indian tribes and consultation with affected Native Hawaiian organizations. A4 (1) Identifying affected Indian tribes and Native Hawaiian organizations. The and consult with them. When a proposed program alto e has nationwide applicability, the agency official shall identify an-appropr e government to government consultations with Indian tribes and consult with Native Hawaiian organizatsin accordance with existing Executive order, Presidential memor and applicable provisions of law, and undei'Eake such consultations. k (2) Results of consultation. The Council orithe agency official shall provides prepare summaries of the views, along with copies of any written comments, provided by affected Indian tribes and Native Uawaiian organizations and assemble copies of any written comments provided by such Indian tribes and Native Hawaiian or anizatio or the Council's review to the Council as part of the documentation for the propos d program alto ative. The Council and the agency official, as licable and the Council sh take -consider those views into ents in reaching a final decision on the proposed program alternative. § 800.16 Definitions. (a) Act means the National Historic Preservation Act of 1966, as amended, 54 U.S.C. 300101, et seg. 6. (b) Address adverse effects means those measures adopted in accordance with § 800.6 to avoid, minimize, or otherwise mitigate the adverse effects of the undertaking on Page 45 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS historic properties identified in § 800.4. (b(c) Agency means agency as defined in 5 U.S.C. 551. (e l(d) Approval of the expenditure of funds means any agency decision authorizing or permitting the expenditure of Federal funds or financial assistance on an undertaking, including any agency decision that may be subject to an administrative appeal. (d)(e) Area of potential effects means the geographic area or areas within which an undertaking causes direct material may directly or indirectly cause alterations in the character or use ofto historic properties, if an uch properties exist. The area of potential effects is influenced by the scale and n r an underta ng and may be different for different kinds of effects caused 1 undertaking. (e)(fl Comment means the fil formally provided in writing to the head o (f)tg) Consultation means the procZ considering the views of othe articipants, and, with ap rties regarding ma ers arising in the and recommendationCouncil il agenc4under sectioal of seeking, ,d� discussing, g,, and process. _The Secrets (g(h) Council means the Advisory Council on Historic Preservation or a Council mem er or employee designated to act for the Council. ( )(i) Day or days means calendar days. (i)(i) Effect means material alteration to the characteristics of a historic property that qualifying it e historic property for inclusion in or eligibility for the National Register. (1) As defined in section § 301(5) of the Act hHistoric property "means any prehistoric or historic district, site, building, structure, or object included inon, or eligible for inclusion iron, the National Register fof Historic Places maintained by the Secretary of the Interiorl, o€ Historic ac int in by the Secretary the Page 46 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS Interior. This term includies artifacts, records, and material remains that are related to and located within such propertiesrelating to the district, site, building, structure, or object." 54 U.S.C. § 300308. The term includes "Property properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and[thatj may be determined to be eligible for inclusion on meet the National Register criteria." 54 U.S.C. § 302706(a). i) It includes, or has included at some point in improvements; and (ii) It is geographically compact. (2 (3) The term eligible for inclusio-thA oval Register incl1s both properties formally determined as such in accordance with regulations of the Secretary of the Interior and all other properties that rr et the National Register criteria. IL (m)(1) Indian tribe means an Indian tribe, band, nati or other organized group or community, including a native village, regional corpora ion, or village corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Kct (43 U.S.C. 1602), which"is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. government means a city, county, parish, township, municipality, borough, or ;eneral purpose political subdivision of a State. o) Nii1T�nal Historic Landmark means a historic property that the Secretary of the 1%Wrior has designated a National Historic Landmark. (q)(p) National Register means the National Register of Historic Places maintained by the Secretary _of Interior. ()(Q) National Register criteria means the criteria established by the Secretary of the Interior for use in evaluating the eligibility of properties for the National Register (36 CFR part 60). Page 47 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (S)(r) (1) Native Hawaiian organization means any organization which serves and represents the interests of Native Hawaiians; has as a primary and stated purpose the provision of services to Native Hawaiians; and has demonstrated expertise in aspects of historic preservation that are significant to Native Hawaiians. (2) Native Hawaiian means any individual who is a descenda of the aboriginal people who, prior to 1778, occupied and exercised sove in the area that now constitutes the State of Hawaii. undertaking or other situations in accordance with § 800.14(b). s Reasonable miti ation means measures tic1t are technicall and econo to address adverse effects while takin into account the oa of the unde (u)(t) Secretary means the Secreta for acting through Director of the National Park except where ise specified. agreement or memorandum of agreement. (v) State Historic Preservation Officer (SHPO) means the official appointed or designated pursuant to section 101(b)(1) of the act to admier the State historic preservatiob program or a representatives designated to act for the State historic preservation officer. (w) Tribal Historic Preservation Officer (THPO ans the tribal official appointed by the tribe's chief governing authority or designated by a tribal ordinance or preservation rogram who has assumed the responsibilities of the SHPO for purposes of section 106 compliance on tribands in accordance with section 101(d)(2) of the act. (x) Tribal lands means all lands within the exterior boundaries of any Indian reservation and all ependent Indian communities. (y) Undert ing means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval. (z) Scnior policy official means the senior policy level official designated by the head of the agency pursuant to section 3(e) of Executive Order 13287. SUBPART F TRANSITION 800.17 Transition Page 48 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS (a) Any consultation, related to an undertaking under this Part, which commenced prior to [the effective date of this rulemaking] shall continue to be evaluated under the process prescribed by this Part as of INSERT DATE, unless the project sponsor requests in writing for the consultation to be processed under this Part as of [the effective date of this rulemakingl. b) For one year subseauent to [the effective date of the rulemakin2l. a nroiect nrononent may elect to undertake consultations under the process prescribed by this Part as of INSERT DATE. SUBPART G SEVERABILITY § 800.18 Severability in effect. Pt. 800, App. A Appendix A to Part 800 — Criteria for Council Involvement in Reviewing Individual section 106 Cases Nk 4 (a) Introduction appidix sets forth the criteria that used by the Council to determine er to enter a individuals section 106 review that it normally would not be involved i (b) General policy. T e Council may choose to exercise its authorities under the section 106 regulations to participate in an individual project. pursuant The Council's decision to do so will ided by the following criteria. However, the Council will not always elect to particip en though one or more of the criteria may be met. (c) Speeific criteria. The following criteria inform when tThe Council is likely to enter the section,,106 process at thekstens snecified i the regulations in this Dart when an (1) Has substantial impacts on important historic properties. This may include adverse effects on properties that possess a national level of significance or on properties that are of unusual or noteworthy importance or are a rare property type; or adverse effects to large numbers of historic properties, such as impacts to multiple properties within a historic district. (2) Presents important questions of policy or interpretation. This may include questions about how the Council's regulations are being applied or interpreted, including possible foreclosure or anticipatory demolition situations; situations where the outcome will set a precedent affecting Council policies or program goals; or the Page 49 of 50 NOT PUBLIC - NOT FOR FURTHER DISTRIBUTION ONLYFOR PURPOSES OFACHP OFFICIAL BUSINESS development of programmatic agreements that alter the way the section 106 process is applied to a group or type of undertakings. (3) Has the potential for presenting procedural problems. This may include cases with substantial public controversy that is related to historic preservation issues; with disputes among or about consulting parties which the Council's involvement could help resolve; that are involved or likely to be involved in litigation on the basis of section 106; or carried out by a Federal agency, in a State ocality, or on tribal lands where the Council has previously identified problems th section 106 compliance pursuant to § 800.9(d)(2). ` (4) Presents issues of concern to Indian tribes or five Hawaiian organizations. This may include cases where there have been co raised about e identification of, evaluation of or assessment of effects on h properties to an Indian tribe or Native Hawaiian organization attaches rel gious and cultural s ance; where an Indian tribe or Native Hawaiian organization has requested Coun volvement to assist in the resolution of adverse effects; Qr where tbW are questio ting to policy, interpretation or precedent under Page 50 of 50 elation to of and Repatri Historic Review Activity 07/24/2026 thru 08/20/2026 Record Record # Type MIHP# Open Date Date Assigned Location Description Workflow Info Status Waiting for 11805 PLEASANT VALLEY SUBDIVIDE 24.56 ACRES INTO 3 LOTS AND Folder Status Status Date Task Name Comments S-25-032 Preliminary -Final Plat IV075 Final Paper 14 -Oct -25 27 -Jul -26 ROAD REMAINING LANDS. MERGE 2.41 ACRE PARCEL Approved 27 -Jul -26 Historic uistnct Updated by Script from EPR. A INTO OTHER LANDS OF HOCH. ASSOCIATED ( nmmiccinn Copies SMITHSBURG, MD 21783 FCE Days in Review: 0 Folder Status Status Date Task Name Comments SP -26-015 Site Plan 110099 Revisions 14 -Apr -26 28 -Jul -26 20659 NATIONAL PIKE SITE PLAN FOR BANQUET/EVENT CENTER Approved 28 -Jul -26 Historic uistnct Updated by Script from EPR. Required BOONSBORO, MD 21713 rnmmiccinn Days in Review: 0 Folder Status Status Date Task Name Comments Note 28 -Jul -26 Historical Review not in an adopted ry for new construction review by hdc 18 FT IN DIAMETER ABOVE GROUND Passed - Info 28 -Jul -26 Historical Review Updated by Script from EPR. Residential New LOR 15203 FAIRVIEW ROAD, 2026-02393 1310 Review 09 -Jun -26 28 -Jul -26 SWIMMING POOL TO FRONT OF DWELLING, 54 In Progress 19 -Aug -26 Historical Review Construction Permit LOT 49 INCHES IN DEPTH, NON -HEATED Note 20 -Aug -26 Historical Review Not in a review area for new construction; sent no review contact letter Passed - Info 20 -Aug -26 Historical Review Updated by Script from EPR. Days in Review: 23 Folder Status Status Date Task Name Comments Zoning Ordinance 20245 MOUNT AETNA ROAD APPLY THE HP OVERLAY TO RT ZONED PARCEL Historic uistnct RZ-26-005 110092 In Review 15 -Jul -26 04 -Aug -26 Note 07 -Aug -26 For the September 2nd Meeting for Comment Amendment HAGERSTOWN, MD 21742 AT 20245 MOUNT AETNA ROAD rnmmiccinn Days in Review: 3 Folder Status Status Date Task Name Comments INSTALLATION OF (1) 132 SQ. FT. ILLUMINATED ivo comments 17 -Aug -26 Historical Review Updated by Script from EPR. Non -Residential Signs SP -22-017 13523 FREESTANDING ELECTRONIC SCOREBOARD SIGN R...ivorl In Progress 18 -Aug -26 Historical Review 2026-03035 1319 Review 17 -Jul -26 18 -Aug -26 BROADFORDING CHURCH FOR SOCCER FIELD TO READ "BROADFORDING Permit ROAD LIONS" WITH SECTION FOR SPONSORS Note 20 -Aug -26 Historical Review Sign for existing school, no HDC review in this area for signage THE BROADFORDING BIBLE BRETHREN CHURCH Passed - Info 20 -Aug -26 Historical Review Updated by Script from EPR. Days in Review: 5 Folder Status Status Date Task Name Comments Zoning Ordinance 13302 UNGER ROAD REQUEST TO APPLY THE HISTORIC Historic uistnct RZ-26-006 1148 In Review 20 -Jul -26 04 -Aug -26 Note 07 -Aug -26 For the September 2nd meeting for comment Amendment HAGERSTOWN, MD 21742 PRESERVATION OVERLAY rnmmiccinn Days in Review: 3 Folder Status Status Date Task Name Comments MODULAR DWELLING ON FULL UNFINISHED Work is on a newly created lot well away from the historic structure on the property. not in a review area 2026-03082 Residential New V005 Review 21 -Jul -26 31 -Jul -26 S-26-008 15229 NATIONAL WALKOUT BASEMENT WITH ROUGH IN FOR Note 07 -Aug -26 Historical Review for new construction by the HDC. Construction Permit PIKE, LOT 2 FUTURE BATH, COVERED FRONT PORCH, PRE - Passed - Info 07 -Aug -26 Historical Review Updated by Script from EPR. ENGINEERED ROOF TRUSSES BUNKER. LOT 2 Days in Review: 7 Folder Status Status Date Task Name Comments Town of Sharpsburg INSTALLATION OF (18) 7.38 KW ROOF Note 24 -Jul -26 Historical Review not in tax credit program. no hdc review SH2026-0005 Residential Building 110546 Approved 22 -Jul -26 22 -Jul -26 LOR 116 EAST MAIN STREET MOUNTED SOLAR PANELS ON DWELLING Passed - Info 24 -Jul -26 Historical Review Updated by Script from EPR. Permit Days in Review: 2 Folder Status Status Date Task Name Comments Town of Funkstown 14 WEST BALTIMORE REPLACING 600 SQ. FT. ROOF MATERIAL ON Note 28 -Jul -26 Historical Review Not a tax credit review property; no hdc review required. FK2026-0010 Residential Building 1628 Approved 23 -Jul -26 28 -Jul -26 EXISTING ENCLOSED REAR PORCH ONLY, Permit STREET CHANGING FROM METAL TO SHINGLE Passed - Info 28 -Jul -26 Historical Review Updated by Script from EPR. Days in Review: 0 INSTALLATION OF (45) 19.80 KW ROOF Folder Status Status Date Task Name Comments Residential Addition- S-22-024 6720 REMSBURG MOUNTED SOLAR PANELS ON 2,552 SQ. FT. Note 24 -Jul -26 Historical Review not in an adopted ry for review 2026-03132 110103 Review 24 -Jul -26 24 -Jul -26 DETACHED BUILDING TO BE USED AS A Alteration Permit ROAD, LOT 1 WORKSHOP Passed - Info 24 -Jul -26 Historical Review Updated by Script from EPR. PHILIP BAKER-SHENK, LOT 1 Days in Review: 0 960 SQ. FT. DETACHED (2) CAR GARAGE ON Folder Status Status Date Task Name Comments Residential New LOR 17423 DA WRONG 2026-03173 1424 Approved 27 -Jul -26 28 -Jul -26 CMU FOUNDATION TO RIGHT OF DWELLING, Passed - Info 28 -Jul -26 Historical Review Updated by Script from EPR. Construction Permit LANE PRE-ENGINEERED ROOF TRUSSES Days in Review: 0 GRADING PLAN FOR A 9 -HOLE GOLF COURSE. Folder Status Status Date Task Name Comments Site Specific Grading 14311 CASTLE DRIVE PER PLANNING AND ZONING DEPARTMENT, Historic uistnct GP -26-014 IV262 In Review 05 -Aug -26 06 -Aug -26 Revisions Required 07 -Aug -26 Updated by Script from EPR. Plan CASCADE, MD 21719 SITE PLAN TO BE SUBMITTED PRIOR TO r nmmiccinn APPROVAL OF GRADING PLAN. Days in Review: 0 INSTALLATION OF (1) 30.08 SQ. FT. Folder Status Status Date Task Name Comments Inic nOncn Non -Residential Signs 1H 7Q D 1 A A,,,, ,c 17 A,,,, 7G LOR 13722 BLAIRS VALLEY FREESTANDING DOUBLE SIDED ILLUMINATED CICTI %A/ITL I Cll CI CrTDf MIC rIJArICCADI C Note 18 -Aug -26 g Historical Review Not in a review area for HDC at this time. Historic Review Activity 07/24/2026 thru 08/20/2026 Record Record # Type MIHP# Open Date Date Assigned Location Description Workflow Info Status Permit ROAD MESSAGE BOARD, TO READ "BLAIRS VALLEY Passed - Info 18 -Aug -26 Historical Review Updated by Script from EPR. FIRST CHURCH OF GOD" "13722" FOR BLAIRS Days in Review: 1 Activity Count: 13 Review Activities Summary Application Type Application Number Approved In Progress No Comments Received Note Passed - Info Revisions Required Total Non -Residential Signs Permit Total 0 1 1 2 2 0 2 Preliminary -Final Plat Total 1 0 0 0 0 0 1 Residential Addition -Alteration Permit Total 0 0 0 1 1 0 1 Residential New Construction Permit Total 0 1 0 2 3 0 3 Site Plan Total 1 0 0 0 0 0 1 Site Specific Grading Plan Total 0 0 0 0 0 1 1 Town of Funkstown Residential Building Permit Total 0 0 0 1 1 0 1 Town of Sharpsburg Residential Building Permit Total 0 0 0 1 1 0 1 Zoning Ordinance Amendment Total 0 0 0 2 0 0 2 Total 2 2 1 9 8 1 13