MAJOR BIBLIOGRAPHICAL REFERENCES Boone County Court House, Burlington, Kentucky Hamilton County Court House, Cincinnati, Ohio 10 GEOGRAPHICAL DATA ACREAGE OF NOMINATED PROPERTY_Ohio Property 1.2 acres, Kentucky property 7.4 acres. UTM REFERENCES VERBAL BOUNDARY DESCRIPTION Ferry Road, thence in a westerly direction along the south right of way line LIST ALL STATES AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY BOUNDARIES 11 FORM PREPARED BY NAME / TITLE September 29, 1980 Miami Purchase Association for Historic Preservation STREET & NUMBER CITY OR TOWN 12 STATE HISTORIC PRESERVATION OFFICER CERTIFICATION NATIONAL - LOCAL - As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89-665).
I criteria and procedures set forth by the National Park Service STATE HISTORIC PRESERVATION OFFICER SIGNATURE FOR NPS USE ONLY 1 HEREBY CERTIFY THAT THIS PROPERTY IS INCLUDED IN THE NATIONAL REGISTER DIRECTOR, OFFICE OF ARCHEOLOGY AND HISTORIC PRESERVATION 45214 CODE Hamilton Cincinnati 021 Boone DATE ORGANIZATION TELEPHONE NORTHING STATE COUNTY Kentucky ZONE 015 Ohio ACREAGE NOT VERIFIED Fred Mitchell Ohio - Beginning at a point approximately 35' south of the intersection of the ZONE EASTING general easterly direction along the north bank of the Ohio River for (continued) Burress, Marjorie B:It Happened Round North Bend, 1970 direction for approximately 230'to the edge of the Ohio River; thence in a 812 Dayton Street south right of way line of River Road and west right of way line of Anderson ATTEST: B 1,6 of the B&o Railroad property for approximately 150'; thence in a southerly UIM NOT VERIFIED THE EVALUATED SIGNIFICANCE OF THIS PROPERTY WITHIN THE STATE IS: hereby nominate this property for inclusion in the National Register and certify that it has been evaluated according to the 12-15-8 6-10-82 SHPO United States Department of the Interior For HCRS use only Item number 10 approximately 50' to the point of beginning.
received Page date entered Inventory-Nomination Form Heritage Conservation and Recreation Service National Register of Historic Places the north right of way line of Route 8 to the west bank of Dry Creek; thence along the bank of the Ohio River approximately 6o0'; thence in a southwesterly direction for west bank of Dry Creek to the point of beginning.
FHR-8-300 (11-78) approximately 260'; thence in a northwesterly direction for approximately 230' to the approximately 500' to the north right of way line of Kentucky State Route 8; thence along Kentucky - Beginning at a point located at the confluence of the south bank of the Ohio River and the west bank of Dry Creek;thence in north westerly direction along the south ANDERSON FERRY Cincinnati, Hamilton Co., Ohio and Constance, Boone Co., ANDER SON Kentucky FERRY ROAD CINCINNATI side ferry site Property associated with Ohio SCALE 1-100 PAGE I VER ANDERSON FERRY Cincinnati, Hamilton Co., Ohio and Constance, Boone Co., Kentucky Anderson Ferry Sites outlined in Red - SECTION1 Building found on Anderson Ferry 12 A Cincinnati, Hamilton Co., Ohio and Constance, Boone Co., CONSTANCE Kentucky ANDERSON FERRY SEE CONSTANCE SECTION SEE bution not drawn to scale.
Sam Bailey crabbing with a hand trotline. Virginia, c. 1913. (The Mariners Museum) Steam ferry, Boone #4 of Cincinnati, crossing the Ohio River. (Smithsonian Institution) 1976 Preservation National Trust for Historic MARITIME HERITAGE Taken from: WOODEN SHIPBUILDING and SMALL CRAFT PRESERVATION P.12 EVALUATION / RETURN Fed. Reg. Date: photos < - see, continuation sheet - technical corrections cited below 3. Classification V4. Owner of Property 5. Location of Legal Description 6.
Representation in Existing Surveys : _ ruins Vsummary paragraph resubmission REJECT Location dates Name maps Description appeal RETURN SHEET /completeness Action: owner objection alterations/integrity _substantive reasons discussed below boundary selection nomination by person or local government Federal Agency: Substantive Review Nomination returned for: United States Department of the Interior /clarity National Park Service 2-1.83 ACCEPT_ State, County: Recom. / Criteria Accept A Check one - original site - - deteriorated Review: Date Due: NATIONAL REGISTER OF HISTORIC PLACES Discipline_ 82003575 Date-o/7/82 Status Ownership Specific datee Bulidier Architect /clarity Vjustification of areas Melationship of integrity V 10. Geographical Data V11.
Form Prepared By Maps Signed checked context Other completeness Date Photographs relating significance to the resource summary paragraph Questions concerning this nomination may be directed to 8. Major Bibliographical References 12. State Historic Preservation Officer Certification Vapplicable criteria Le. Significance * justitication of excepticn Phone: 202 272-3504 Constance, Boone Co., Kentucky Negatives with Miami Purchase for Historic Preservation Photos by Miami Purchase Association ANDERSON FERRY Cincinnati, Hamilton Co.
Ohio & Kentucky Photo #l of 15 View of Ohio side ferry site from 9/80 ANDERSON FERRY Ohio River Photo #2 of 15 Photos by Miami Purchase Association 9/80 Negatives with Miami Purchase Cincinnati, Hamilton Co., Ohio and for Historic Preservation View of Kentucky side ferry site from ANDERSON FERRY View of Boone #7 Photo #3 of 15 9/80 for Historic Preservation Cincinnati, Hamilton Co., Ohio and Negatives with Miami Purchase Photos by Miami Purchase Association Constance, Boone Co., Kentucky ANDERSON FERRY Photo #4 of 15 9/80 Negatives with Miami Purchase Photos by Miami Purchase Association for Historic Preservation Cincinnati, Hamilton Co., Ohio and Constance, Boone Co., Kentucky Side view of Boone #7 ANDERSON FERRY Photo #5 of 15 9/80 Photos by Miami Purchase Association Cincinnati, Hamilton Co., Ohio and Negatives with Miami Purchase for Historic Preservation Constance, Boone Co., Kentucky View of Little Boone and ferry barge ANDERSON FERRY Photo #6 of 15 Negatives with Miami Purchase 9/80 Constance, Boone Co., Kentucky Photos by Miami Purchase Association for Historic Preservation Cincinnati, Hamilton Co., Ohio and View of Little Boone pivot arm ANDERSON FERRY Photo #7 of 15 Negatives with Miami Purchase Cincinnati, Hamilton Co., Ohio and 9/80 Photos by Miami Purchase Association Constance, Boone Co., Kentucky swing on pivot arm to change direction for Historic Preservation View of Little Boone starting to ANDERSON FERRY 9/80 for Historic Preservation View of Little Boone almost midway through pivot movement Photos by Miami Purchase Association Negatives with Miami Purchase Cincinnati, Hamilton Co., Ohio and Photo #8 of 15 Constance, Boone Co., Kentucky ANDERSON FERRY Photo #9 of 15 9/80 Photos by Miami Purchase Association Negatives with Miami Purchase Cincinnati, Hamilton Co., Ohio and for Historic Preservation Constance, Boone., Kentucky View of completion of pivot movement of Little Boone ANDERSON FERRY Photo #10 of 15 9/80 for Historic Preservation Negatives with Miami Purchase Photos by Miami Purchase Association Kentucky side ferry site Constance, Boone Co., Kentucky Cincinnati, Hamilton Co., Ohio and View of farm house (building #l) on ANDERSON FERRY 9/80 Cincinnati, Hamilton Co., Ohio and Photos by Miami Purchase Association for Historic Preservation Negatives with Miami Purchase View of board and batten barn (building Constance, Boone Co., Kentucky #2) east of farmhouse Photo#1lof15 ANDERSON FERRY 2 to each other Photo #12 of 15 Cincinnati, Hamilton Co., Ohio and 9/80 Constance, Boone Co., Kentucky Negatives with Miami Purchase View of relationship of buildings l and Photos by Miami Purchase Association for Historic Preservation ANDERSON FERRY Photo #13 of 15 Negatives with Miami Purchase 9/80 Constance, Boone Co., Kentucky (building #3) Cincinnati, Hamilton Co., and Ohio for Historic Preservation Photos by Miami Purchase Association View of large board and batten barn ANDERSON FERRY Photo #14 of 15 9/80 Constance, Boone Co., Kentucky Cincinnati, Hamilton Co., Ohio and Negatives with Miami Purchase for Historic Preservation Photos by Miami Purchase Association View of small vertical sided barn (building #4) ANDERSON FERRY 3 and 4 to each other Photo #15 of 15 View of relationship of buildings Cincinnati, Hamilton Co., Ohio and for Historic Preservation 9/80 Photos by Miami Purchase Association Negatives with Miami Purchase Constance, Boone Co., Kentucky BURLINGTON QUADRANGLE UNITED STATES DEPARTMENT OF THE INTERIOR BURLINGTON, KY.OHIO Kentucky E - 705400 Anderson Ferry STATE OF KENTUCKY GEOLOGICAL SURVEY COVINGTON, KY.-OHIO UNITED STATES DEPARTMENT OF THE INTERIOR COVINGTON QUADRANGLE GEOLOGICAL SURVEY STATE OF KENTUCKY ROAD CLASSIFICATION UNIVERSITY OF KENTUCKY 7.5 MINUTE SERIES (TOPOGRAPHIC) 84 *30* Ohio Historical Center 1-71&17th Avenue Columbus, Ohio 43211 (614) 466-1500 Chief, Operations U.
S. Army Corps of Engineers Louisville, Kentucky 40201 Attention: Fred Grant, ORLOP-FP Re: Columbia Marine Service, Inc. Barge Fleeting Facility Anderson Ferry, Ohio Dear Mr. Mathews: This is in reply to your letter of October 21,1980, to Mr. Fred Mitchell, This is the first step in officially nominating the property to the of September 3,1980, along with your recent submissions. Dellas f. Harder DHH: BCD: djd Sincerely, Louisville District The Corps of Engineers should keep a copy of this letter as evidence of Kenneth Mathews It is apparent that the Corps and the applicant have taken our comments Ohio Historic Preservation Office proposed National Register property. cooperation and your continued concern for historic resources.
Acting State Historic configuration of the first fleet will be less visible from Anderson Ferry Preservation Officer the Ohio Historic Site Preservation Advisory Board for preliminary considera- consultation with the State Historic Preservation Officer in the Determination November 3, 1980 opinion that the proposed fleeting facility will have no effect on the Notices for the project (80-0H-074 and 80-0H-074A) and Mr. Mitchell's letter than that originally proposed.
Based upon this change, we concur with your presented a National Register nomination form for the Anderson Ferry to To: Kentucky Historic Preservation Review Board Gibson Worsham, Preservation Projects Manager Re: Anderson Ferry Date: November 11, 1980 The Anderson Ferry, Dock Site and Farm Complex was prepared by the Miami ferry vehicles as well as its historic route, because the boats are an River ferries, as seen in the similarity of Boone #7 with Boone #4, a much earlier wooden ferry at the same location. Purchase Association for Historic Preservation office in Cincinnati.
transportation vehicles exceeds fifty years.The nomination includes the Kentucky as well as Cincinnati, the nomination must be approved by the The Boone #7 incorporates features of the designs of traditional Ohio that the National Register staff in Washington will be flexible in the applica- tion of this particular guideline in that the useful life expectancy of few Review Boards of both states. Because the two ferries(Boone #7and Little Boone)dock in As you will note, neither ferry meets the age criteria. However, it is hoped Kentucky Heritage Commission From: From:Gloria Mills,National Register Coordinator Frankfort, Kentucky 40601 November 16, 1980 NOV 20 1980- Columbus, Ohio hearted at the attitude of Richard Kottmyer, whom I do not know, altho My mother went to finishing school in Cincinnati, which was the thing for ferry, of course one of the original ferries.
The ferry boats across the Ohio River, the Mississippi River and their Daniel Boone, Kit Carson, Lewis and Clark and mayy adventurers whose cattle and families with their tools and homemaking equipment, in their Dear Sirs: sides her other accomplishments. State Historical Society who was the youngest daughter of Henry Kottmyer, who bought the ferry. in the archives of the historical societies of America. eighteen hundreds before her marriage to Dr.Albert McGlasson, also of time the ferry was also known as the Boone County Ferry.
anxious for the ferry to be nominated for your register.I have a faint names are now lost in history used the ferries to transport their wagons, Iam very civic minded and very much interested in the history of our and the pioneers who built and ran them we would not be the great nation he is my 2nd cousin.I am the last child alive of Carolyn E.Kottmyer, young ladies to do at that time,and she became quite and oil painter,be- recollection of the two first boats built, Boone I and Boone II.At one My family always appreciated the finer things in life and I have two oil If there is any way that I could help, or even be willing to paintängs done by my mother, of the river. One was painted in the late there were no trains, planes, bridges, or even boats of any large size. westward push. For anyone to say the ferry boats still running across the we are today.
They all, without exveptions are deserving of special notice 43211 country. donate the paintings I have in my possession, to the society.I am very I remember my grandfather very well and rode many times with/across the The enclosed article appeared in the Cincinnati Enquirer.I was dis- Ohio River are of little historical value is utter nonsense.Without them I remember the old stone homestead where my grandparents lived and my 1982 Velma Ave. and my two sisters were born. My niece also has a small painting of the and Ohio river Valleys, along which flowed much of the nation's commerce He saw flatboats, keelboats and churning steamboats, loaded with well- Cincinnati and Natchez, Memphis and New Orleans, Pittsburgh and San Diego, Ca Phone: 1-714-292-9568 92123 link to history.
2101 Redbird Drive Lincoln got a job operating a ferry at the mouth of Anderson Creek Respectfully yours, Richard Kottmyer inherited the ferry from his father, and his father's Edna L. Halcomb a half-mile below present-day Troy, Indiana. Kentucky was across the river, and often slaves could be heard singing in plantation flelds. dressed passengers. He heard the names of the great river towns: father and it is sad that he does not realize the importance of his St.Louis.He got the feel of America's tremendous size and vitality." In the October issue of Reader's Digest I quote."At 17,Abraham BY JOHN ECKBERG National Historic Register fot a lot of reasons himself a slice of history. bring in even more riders, a supplement to ers' cars, he says. The only days he doesn't run myer to name them, finally deciding upon are days he can't, when the river's iced over or Now there's a muskrat: Oscar.
Convalescent Home, 119 Wellington Place, And on those days, he has a list of phone Mount Auburn, also are the latest to be placed mal got on first, so the Kottmyer family kept bullt on the Ohio bank, he notes. The railroad a cow, sheep and hog around just for that: could make a go of it. And he still can, even though diesel fuel their register. across his lined face. It is a calm trip across the river, reflec- What they So they tell me and I say, 'Don't said the gas pedal stuck that get tiresome? OWNER, OPERATOR and captain Rich- ard Kottmyer, 58, says the man was "polluted, like a dishrag in that car." and it was the cios- he wants" town. KOTTMYER'S great-grandfather bought Enquirer Reporter AREA NEWS hogs and cows and sheep onto the Anderson under consideration.
evening shadow from the stern light falling numbers of the regulars and he calls to let There was a time the Kottmyers herded Bonnie and Clyde-but the ducks are gone. Anderson Ferry Traverses A Century Between River's Banks The register listing more than likely will The Ohio Historic Site Preservation Advi- river water.
Ferry and hauled them from Kentucky to the came roaring down the Kentucky bank and ona bench in the rear of the cabin.Josephine Ohio side of the river for slaughtering down- The Anderson Ferry is up for listing on the The ferry runs from western Cincinnati them know they ought to leave early for work diesel engine rolling out over the water to the The animals were afraid of the water and the average dally haul of about 300 commut- wouldn't get on the barge unless a lead ani- ona treadmill to turn thepaddlewheel of the "A man can make a living here as long as get the others on board for their first and last "OH,THEY (historic preservation board) And in 1864,a pair of blind horses walked shore-and it took at least a week for Kott- "IT'S NoT a bad life,but it is confining the Ohio. tury to the Greater Cincinnati Airport. doubled to $l.
It's so foggy it's ilke looking into a bucket of Place, College Hill, and the old Chlldren'? to Constance, Ky. It dates to 1817, and Kott- Kottmyer declares, smoking a cigarette, Kottmyer barge, the original tub long since Ion within 14 years. The price of a trip has listed." Kottmver savs, easing the barge and dark Kentucky hills. The barge moves like a king river carp, five minutes from one shore And they say, "Yeah' So I say, "There you have it. terry is not much different from, well, the zoo boat ride. sory Board is considering nominating the made it tough to earn a living on the canal "because the might even do some good myer says he doesn't much care one way or tions from the autumn sun rippling on the safety cable and nearly into the drink.He myer has been ferrying cars.
like.I don't think it's going to hurt none.It the other what the Ohio historlans do with the old ferry when Civll War rallroads were drives down to the river on soft summer I just let them go ahead and do as they federal list of buildings and places worthy of There once was a pair of ducks on one has gone from eight cents a gallon to sla gal- because the ferry's not moving. "People ask me if what I do don't get tire- to the other and 10minutes to the 20th cen- is one of many pets during the 17 years Kott- waves and the hum of the 1o-horsepower Cincinnati Ohio 45204 May 11, 1981 175 & 17th évenue Golumbus, Ohio 43211 Dear Mr. Luce: Society, the Miami Purchas Association, Cincinnati Park Board, the com- approval, Mr. Richard Kottmyer. Thank you for your kind attention. We remain Sincerely; our plans. quire as to the standing of the Anderson Ferry Historical nomination.
3794 Hillside Avenue Riverside Civic & Welfare Club of the Ohio and Kentucy Nistorical Societies, the Cincinnati Historical We the members of the Riverside Civic & Welfare Club would like to in- It is our understanding that the nomination has the approval and support Community Support Worker ment plans of Riverside, as we would like to see a small sit-in park, to see it achieve National Historical prominence soon. If there is any- Ohio Historical Society Mr. Ray Luce - Historic Preservation Officer 3806 River Rd. munity of of the landing the owmer's thing you can do, or anything we can do to speed up the process, please , please inform us, we would greatly appreciate any help you can give us.
The nomination has been sixteen months in process, we would like very much The Anderson Ferry landing site figures heavily in the community Develop- developed at the landing site in our community.When the Anderson Ferry Mrs. Mary Johnson Constance, Kentucky May 11, 1981 owned property and Ferry Boats being nominated to the National Owner & Operator 41009 Register. Anderson Ferry being listed. Truly If there is any progress in the regulations to list private Ohio Historic Preservation Center Richard Kottmyer If the regulation is adopted by Congress to once again David Simmons: I received your letter about why, the delay of my private property, please keep me informed. letter to I have no objections ofmy property Constance, Ky. April 16, 1982 Ms. Carol Shull APR 2 7 1982 440 G Street, N.W. Dear Ms. Shull: Hamilton (OH) - Boone (KY) Isham, John, House St.
Paul's Episcopal Church Smith, William R., House Black, Joseph, Farmhouse W. Ray Luce WRL/DS : vb Jefferson Enclosures Lorain Medina Since Name Summit County Belmont Lucas Stark Richland Wayne Muskingum Anderson Ferry REGISTER Pickaway NATIONAL RECEIVED New York Central Freight House Lind Arcade Gish Farmhouses Enclosed are fourteen new National Register nominations.The appropriate Eagles Temple Sacred Heart of Jesus Churches Bush Street Historic District National Register of Historic Places Department of the Interior Ohio Historic Preservation Office State Historic Preservation Officer Acting Keeper Steubenville YMCA Building the state review board. Please let me know if you have any questions. Tower Site Old McKinley High School Ohio Historical Center I-71 & 17th Avenue Washington, D.C.
20240 notification procedures have been followed and all have been approved by the 2 landing sites, with the boundary running along the water's edge.
Dubie 6/7/82 Historian review second seems appropriate if there is a strong visual link between the two for treating this:one would be to extend the bounaray at each parcel to definition of discontiguous district in the How to Apply the criteria.) include some area on the water; the other would be to xik link the two parcels or as some combination of "sites"and "objects."Howder,the boundary The boats, on which some emphasis is placed in the form, are not within I have no problems with the concept of the nomination either as a district these boats are outside the boundary as stated.)There are two options is not appropriate:all that is shown as nominated is two areas of land, DIVISION: DR PHONE: ORGANIZATION: PROJECT: PARTICIPANT: MEETING REPORT OFFICE OF ARCHEOLOGY AND HISTORIC PRESERVATION DATE: 6.10.82 LOCATION OF MEETING: 7R Anderson Ferry National Trust for Historic Preservation .
Board of Trustees DATE: June 21, 1982 Cincinnati, Ohio Preservation and two community organizations, will file This legal action is being taken pursuant to the MEMORANDUM Cincinnati-based Miami Purchase Association for Historic Trust's correspondence with the Corps. firm stand when they are violated.
ganization supporting the Advisory Council's procedures ground memorandum prepared by the Trust's General Counsel is attached for your information along with copies of the The preservation interests.at stake here go far beyond the Council's regulations come under increasing fire from a legal action in the United States District Court for federal agencies, and the Corps in this matter chose and a declaratory judgment to halt violation by the Corps As a member of the Council and the primary national or- of Section lo6 of the National Historic Preservation Act of the Southern District of Ohio against the U.S.Army I feel that the Trust has a special role in monitoring On 22,the National with the Trust's current Intervention Policy.
A SUBJECT: FROM: The complaint seeks injunctive relief agency compliance with those procedures and in taking a Anderson Ferry in Cincinnati.We have seen the Advisory Corps of Engineers. A copy of a back- Section lo6 Violation by the Corps of Engineers in May 11, 1982 Section 106 Violation by Corps of Engineers in Cincinnati, Ohio 1. Recommended Action National Register-eligible Anderson Ferry in Cincinnati, Ohio. For the reasons set forth below, I recommend: (1) that the Trust notify the Corps by 2. Corps of Engineers Violation of Section 106 recommendation.
DATE: SUBJECT: SUMMARY MEMORANDUM two neighborhood associations in the vicinity of the Anderson Ferry in Council on the proposed facility's effect on the Anderson Ferry.The Corps National Trust for Historic Preservation send a similar letter to the Corps and is currently considering joining the FROM: implications of the proposed action with Aubra Anthony and he concurs in the attempted to justify this action by characterizing its initial submission to Cincinnati-based Miami Purchase Association for Historic Preservation will requirement for Council comment after the submission of an adequately that the permit be suspended pending completion of the Section lo6 process; the Advisory Council as a determination that there will be no adverse of a coal-barge loading facility which will have an adverse effect on the This memorandum describes a violation of Section 106 of the National effect, when in fact its submission stated there would be an effect.
documented Determination of No Adverse Effect." Therefore the Corps cannot invoke the Section 106 regulation's"30-day" The Corps issued the permit prior to obtaining the comments of the Advisory has failed to obtain the commentsof the Advisory Council on Historic and should the Corps deny this request, that the Trust should join with Preservation prior to issuance of a permit on March 2,1982 for construction (202) 673-4000 Ainslie, President Historic Preservation Act by the U.S.Army Corps of Engineers.The Corps filing a lawsuit to require the Corps to comply with Section 106. The the attached letter of our strenuous objection to this violation and request 3. Support of Cincinnati community for Trust action Hamilton County, Ohio; (6) Congressman Gene Snyder (R.-Ky.); In addition, the Miami Purchase Association, a Trust member organization, 4.
Preservation Interests & recent pattern of noncompliance, the case has significant public policy 1. The Section 106 "Undertaking" BACKGROUND Two neighborhood associations on either side of the river who opposed the future violations.A central Trust role presents an opportunity to supports Trust action and will send its own letter to the Corps objecting litigation instituted against the Corps.
The importance of this case transcends the Anderson Ferry and the requested additional information from the Trust on the matter and are implications.The Trust should signal its resolve to take appropriate success should serve to deter the Corps and other federal agencies from demonstrate the Trust's leadership, and support of local member court action necessary to preserve the integrity of the Council and its The permit was opposed by virtually all concerned local governmental considering joining the Trust in litigation if necessary.
the National Conference of State Historic Preservation Officers reporting Cincinnati preservation community.With the Advisory Council and the On March 2,1982,the District Engineer for the Louisville District of Congressman Thomas Luken (D.-Ohio); organizations, in enforcement of federal preservation law where a federal facility consisting of cells anda crane bridge on the Ohio River in entities, including: the Ohio and Kentucky SHPO's; Kenton County, Kentucky; to the latter's 106violation.Miami Purchase's board of directors have (1) City of Cincinnati; Section 106 process under severe pressure from the Administration, with countervailing commercial interest is the coal barge facility, which has the Corps of Engineers issued a permit under Section 10 of the 1899 agency itself has ignored the law.
Rivers and Harbors Act to construct a coal barge loading/unloading not attracted significant support in the Cincinnati area.Our likely facility operator would be Mountain Energy Resources.The facility is to legal process.The risk of adverse publicity is low since the only Cincinnati, Ohio. The property is owned by Raymond Wandstrat and the 2. The Historic Property Involved The Anderson Ferry, which dates back to 1817, was determined eligible for commercial ferry boat operation. The eligibility determination also 3. Chronology of Section 106 Consultation inspection was completed on January 11, 1982. "The Advisory Council's Criteria of Adverse Effect Section thousands of permit applications annually across the nation.
transportation development because of its long association with the Corps attempting to schedule an onsite inspection.The onsite includes the land that has had a long historical association with the Thereafter the Advisory Council made a series of telephone requests to regulatory program is a major component of Corps activities, involving obstructions to navigability placed in navigable waters of the United be used in conjunction with a coal storage and transfer operation which Shortly thereafter on January 15,1982,at the request of an Advisory Council staff person, the Corps transmitted copies of a draft could diminish the historical integrity of the Anderson Ferry Ohio SHPO notified the Corps of the Register-eligibility of the Anderson follows: integrity and sense of place for this significant river crossing.
decision of the Corps of Engineers that the proposal, as continuous conveyance of people, commodities, and various types of of your review on this matter and urge that your comments be 14,198l, the Corps acted on this request by submitting to the Advisory I would like to emphasize the importance of a timely completion Section lo requires the Department of the Army to authorize all 800.3(b)(l) are applicable because the proposed barge facility revised, would minimize these impacts." has been on the site for a little over a year. vehicles between Ohio and Kentucky on the Ohio River by means ofa In response to the Corps' public notice of the permit application, the prepared as expeditiously as possible." (emphasis added) continuing operation of the ferry, as well as presenting a hazard to safe navigation in the area.
However, it is the environmental assessment (concluding an environmental impact statement through visual impact. In addition, the proposal threatens the inclusion in the National Register in l980.It is significant in was unnecessary) and photos of the project area.The letter stated as which Section l06 consultation procedures are applicable. This Ferry.and requested that the Corps comply with Section 106.On September Council its Preliminary Case Report," which stated the following: agreed not to act on the permit pending receipt of the draft MOA. When historic and cultural properties' (36 CFR Part 800)" "On 14 September 1981, in accordance with the regulations of the determination was forwarded to Mr. Robert R. Garvey, Executive of the Council. ... In accordance with 33 CFR 325.2(e) (5)lack determination.
In addition, Advisory Council regulation 36 CFR 800.6 clearly states that if documentation is not adequate, the 'Unless the Executive Director objects to the (Quoting from 36 C.F.R. S 800.6(a)) (emphasis added) Section 106's requirements of a "reasonable opportunity" for council expressed similar objections to the Corps permit issuance. Executive Director Robert Garvey stated the following: documented determination, the Agency official will be considered "The consultation process involving your office, the Ohio State Preservation Office.The Advisory Council staff contacted the Corps on of comment by the Advisory Council of Historic Preservation is to have satisfied the agency's responsibility under Section 106 determination within 30 days after receipt of an adequately explained its action in a different manner.Rather than attempting to 1982.
preliminary case report depicting a no adverse effect Executive Director will so inform the Agency Official within 15 On February 2,1982 the Advisory Council received adequate documentation make an argument based on the Council's regulations, Col.Eastburn quoted Advisory Council on Historic Preservation,36 CFR part 800,a Issuance of the permit by the Corps appears to be in violation Corps permit) stated the following regarding compliance with.
Section l06: presumed to be an acceptance of a no adverse effect February l8 to report on the progress of this approach, and the Corps draft, the Council learned that the permit had been issued on March 2, The Ohio State Historic Preservation Officer by letter of April 13,1982 Ina mailgram of March 16,the Advisory Council over the signature of of Section 106 of the National Historic Preservation Act of 1966 the Advisory Council contacted the Corps on March 16,1982 to discuss the of the Act, Secton of the Executive Order [11593], and usc and the Council's'regulations [:] protection of comment and concluded "I do not feel the protracted period of time taken Historic Preservation Officer and the Executive Director was Director of the Advisory Council with a request for the comments their regulations, and may proceed with the undertaking.' to complete its review, and drafted a proposed Memorandum of Agreement to initiated September 14,198l and is still ongoing.The Corps A "Determination of No Adverse Effect" by contrast results from a review Report" be construed to be an "adequately documented Determination of No consultation process.
This initiates the Section lo6 consultation process with the Advisory partially complete Preliminary Case Report was submitted consistent with regulations in which an agency may proceed without obtaining the comments Legal Analysis Indeed these two documents serve entirely different functions in the this requirement and it described the effects considered to be adverse The validity of the permit will turn on the administrative record of the of No Adverse Effect, the Corps transmittal must include several items Since these statements were not included, and in fact the appropriate of the applicable Criteria of Adverse Effect and a conclusion that there submitted to the Council by the responsible agency official when the Section lo6 regulations.A Preliminary Case Report is prepared and latter finds a project's effect on the historical characteristics of a conclusions for an adverse effect were included, under no strain of "findings of fact' the Corps has rather transparently attempted to recast permit decision, and not on the post hoc rationalizations of Col.
its initial Section l06 documents to avoid the clear mandates of the Section 106 define what is a"reasonable opportunity for comment";this under the Section 106 the language quoted above on page interpretation could the Corps' September 14,198l "Preliminary Case Report"may bea"Determination of No Adverse Effect." each of the Criteria of Adverse Effect...was found inapplicable." is thus the converse of the determination of adverse effect included ina "adequately documented Determination of No Adverse Effect."36 C.F.R. 10,026 Corps attempts to invoke this Council.36C.F.R. this case the Adverse Effect."See 36 C.F.R.S 10,215 wi11 beno adverse effect.36c.F.R.5 10,205 Eastburn's April 6 letter. Moreover, the regulations implementing Advisory Council's regulations.
The only instance under these responded by explaining the period of time necessary to review the again requested that the permit be suspended pending completion of the of the Council is when 30 days have elapsed from Council receipt of an the regulations provide no circumstances under which a Preliminary Case matter.The council reiterated the Corps' Section l06 violation and provision by characterizing its September 14,1981 "Preliminary Case Preliminary Case Report.To be an "adequately documented" Determination Report" as one "depict[ing] a no adverse effect determination." However, determination is not left to the discretion of the action agency.In its by your office is reasonable."0n April 29,1982,the Advisory Council property tobe adverse.36 c.F.R.5 in a timely fashion, i.e., before the proposed facility is constructed (Policy para.
II.l.); (4) The Corps' actións in this case are symptomatic of a federal Director, Mid-west Regional Office Russell Keune Kathrine Welch pending completion of the consultation process. outcome given its expertise on federal preservation regulatory Application of Trust Intervention Policy the Trust's current Intervention Policy as follows: (2) The Trust possesses adequate information to litigate this case government-wide pattern of non-compliance with Section l06 requirements, intervention in this case will reinforce state and local efforts to assure effective compliance with Section lo6 requirements The permit issuance thus plainly violated Section l06 and its (3) Trust participation will have a significant effect on the We believe that litigation to enforce compliance with Section 106meets requirements and its national focus on Section l06 issues (Policy para.
National Historic Preservation Act (Policy para. III.3.); The primary issue concerns compliance with Section 106 of the with consequent nationwide impacts (Policy paras. II.3. and III.4.); implementing regulations, and the resultant harm to the Register-eligible property provides the basis for injunctive relief invalidating the permit - National Trust for Historic Preservation May 20, 1982 Louisville, Kentucky 40201 District Engineer The National Trust urges the Louisville District of the Corps to suspend the The National Trust for Historic Preservation in the United States strongly Louisville District expertise of the Advisory Council and the Ohio State Historic Preservation permit pending completion of the consultation process with the Advisory determined eligible for listing on the National Register of Historic Places.
Corps of Engineers furtherance of the Act.The National Trust for Historic Preservation isa member of the Advisory Council.The Trust's statutory purposes include the Advisory Council and state historic preservation officers under the l966 Act are a cornerstone of this federal policy, and thus the Trust has a direct construction ofa coal barge loading/unloading facility in the Ohio River. objects to the issuance of the above-referenced Department of the Army By issuance of the permit prior to obtaining the comments of the Advisory Dear Colonel Eastburn: This facility will adversely affect the Anderson Ferry, which has been Dept.of the Army Permit No.82-027,Raymond J.Wandstrat interest in federal agency compliance with Section 106.
permit without compliance with Section 106of the National Historic Office, contrary to the l966 Act and Advisory Council regulations adopted in Preservation Act of U.S.c.470f).The permit authorizes the Colonel C.E. Eastburn 1785 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20036 (202) 673-4000 Council on Historic Preservation, the Corps has excluded from its review the Michael L. Ainslie Hon. John H. Glenn Hon. Howard M. Metzenbaum Hon. Thomas A. Luken Hon. M. Gene Snyder , Lt. General Joseph K. Bratton, Chief of Engineers, U.S. Army Corps of Mr. Robert Garvey, Executive Director, Advisory Council on Historic MI. W. Ray Luce, Ohio State Historic Preservation Officer Mr. Peter King, Executive Director, National Council of State Historic Mr. Sylvester Murray, City Manager, City of Cincinnati Mr.
Timothy Burke, Esquire Engineers Preservation Sincerely, President Historic Preservation National Trust for Historic Preservation Officers Mrs. Anne Armstrong Thompson, Kentucky State Historic Preservation Your prompt response to this request is appreciated. require such compliance. Council and the Ohio State Historic Preservation Office.If such action to comply with the law is not taken, appropriate action will be taken to Signed by Michael L Ainslie Mr. Kenneth K.Wright, President, Miami Purchase Association for Officer DEPARTMENT OF THE ARMY LOUISVILLE DISTRICT CORPS OF ENGINEERS P. O BOX 59 LOUISVILLE KENTUCKY 40201 JUN 3 Mr. Michael L. Ainslie 1785 Massachusetts Avenue, NW Washington, DC 20036 Dear Mr. Ainslie: matter, I have inclosed copies for your information.
I feel that after review of this correspondence, you will find that this office did indeed comply with the Section 106 procedures. Further, of the four stipulations finally submitted by the Advisory Council, only one is appropriate within the Therefore, based on the above, I find no reason to suspend the permit. If you Colonel, Corps of Engineers ORLOP-FP Sincerely, President As stated District Engineer National Trust for Historic Preservation guidelines of the Regulatory program--that is Stipulation No.4--and was correspondence between my office and the Advisory Council concerning this Incl already incorporated in the issued permit. have any further questions, please do not hesitate to contact me. the Army Permit No.82-027 issued to Mr.Raymond J.Wandstrat.
Since it appears that you have not had the opportunity to review the various This is in response to your 20 May 1982 letter concerning the Department of U.S. DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE FROM (Name) 2. ADDRESS (Tel. No. if needed) DICK BOISVERT 4. DETAILS OF DISCUSSION June 1978 FHR-8-227 TELEPHONE REPORT CALL TIME OF CALL 3. SUBJECT, PROJECT NO., ETC. NAME OF PERSON PLACING/RECEIVING CALL DH- SHPO OFFICE TITLE DATE 832 (413) on Siatorie Preservation Waahington, D.C. 20004 County, Ohto and Boone County, Kentueicy- June 10, 1982, /Sgd/Rowland T. Bowers Jerry Le Hogers ce: Mrs. Mary Cronan Oppel, KX SHPO Dr. W. Ray Luce, OH SHPO Resources Stncarely, Thank you for the opportunityto supplement the record relating to Anderson Perry, Please let me know if we can be effurther assistance in this regard.
Oatober 1982.Sinoe that report was prepared,no additlonal information about the 3:158 002-D Lanzone FNP:BMaoDougaltbm:03/13/84:343-9536 Sys. 8 (NRH) #13009 /Basic File Retained in 413 413 400 SERO Reading File Record Center The Old Post Office Building 1100 Pennsylvania Avenue, NW, #809 Washington, DC 20004 MAR 2 1984 Mr. Jerry Rogers National Park Service 18th & C Streets NW. (Stop 43) Dear Mr. Rogers: In accordance with Section 800.6(b) (7) of the Council's regulations, the permit, will adversely affect the Anderson Ferry, a property included in that the matter be considered at an unassembled Council meeting, as has been satisfied. However, you are invited to supplement the existing Should you have any questions, please contact Dr. Janet Friedman, 786-0505. Robert R. Garvey, Jr.
Historic Council On Advisory Preservation Sincerely, Associate Director Executive Director Archeology and Historic Preservation determined that this course of action would be appropriate and scheduled this case for consideration by the Council at an unassembled Council the responsibilities of the Secretary of the Interior in preparing for this Chairman has been advised of the failure of the consulting parties to reach should be received by the Executive Director by March 16,1984. undertaking, for which the Corps of Engineers has been asked to provide a a Memorandum of Agreement for the proposal to issue a permit to construct the public comment period.
October 7,1982,for consideration of the Anderson Ferry matter at the provided in Section the Council'sregulations and in the Washington, DC 20240 and maintain a coal loading/unloading facility at Ohio River Mile 477.3, Council Operating Procedures. On February 17, 1984, the Chairman meeting which will be convened on March 21, 1984, 5 days after the close of Council meeting of October 19, 1982. Therefore, this requirement already Section Section 800.13(c)(1)of the regulations set forth
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