STATE of MAINE Memorandum

STATE OF MAINE Memorandum

Date: April 11, 2018

To: Kirk F. Mohney, MHPC From: Julie Senk, Maine DOT/ENV Subject: Section 106 request for concurrence Project: Windham 11219.20; MHPC #1495-14 Scope: Highway Reconstruction

The Maine DOT has reviewed this project pursuant to the Maine Programmatic Agreement (PA) and Section 106 of the National Historic Preservation Act of 1966, as amended.

The proposed project is highway reconstruction of River Road in Windham, Cumberland County from the Westbrook town line north to its intersection with Depot Road/Chute Road.

In accordance with 36 CFR Part 800.4, the following identification efforts of historic properties were made:

800.4(a) (1) – The Area of Potential Effect (APE) includes properties/structures adjacent to the culvert and within the project limits. The project limits are defined by the structure and the immediately adjacent area. Properties/structures adjacent to this project limit are considered to be within the APE. The APE is shown as a red polygon on the map included in the enclosure. 800.4(a) (2) – Review of existing information consisted of researching the National Register and MHPC survey databases. The Maine Historic Preservation Commission Archaeological staff reviewed the undertaking. 800.4(a) (3) – The Town of Windham was contacted via letter and asked to comment on knowledge of, or concerns with, historic properties in the area, and any issues with the undertaking’s effect on historic properties. The town was also requested to provide information regarding local historic societies or groups. The town has responded as described in the enclosed Supplemental Information for Finding of Effect. 800.4(a) (4) – Letters outlining project location and scope were sent to the 4 federally recognized Tribes in Maine. The tribes have not responded. 800.4(c) – The Maine DOT conducted historic architectural surveys within the APE to determine if properties met National Register criteria. Maine Historic Preservation Commission Archaeological staff reviewed the undertaking and determined Province Fort (ME 483-001) eligible for listing in the National Register. The MaineDOT determined the Anderson Lord House and the Parson Smith house are both listed in the National Register.

In accordance with 36 CFR Part 800.4(d), the Maine DOT has determined historic archaeological properties and historic architectural properties will be adversely affected by the undertaking. In accordance with the PA and 36 CFR Part 800, please reply with your concurrence or objection to the determination of effect within 30 days. If more information is deemed necessary, please supply a list of the specific resources in question.

Please contact me at [email protected] or 592-3486 if you have any questions. Thank you.

cc: CPD e-file enc: Supplemental Information for a Finding of Effect

Supplemental Information for a Finding of Effect Windham Highway Rehabilitation 11219.20

Supplemental Supporting Information for a Finding of Effect

Project: Windham Highway Rehabilitation, 11219.20 Scope: Rehabilitation with grading, drainage, base, and paving Finding of Effect: Adverse Effect

Purpose and Need The purpose of this project is to correct the existing infrastructure deficiencies on the southern portion (Westbrook town line to Chute/Depot Road) of the River Road corridor. The first goal is to address the width and geometry of the roadway. The project proposes to widen the roadway and address the most critical geometric deficiencies, primarily through adjustments to the roadway’s profile grade (flattening crest and sag vertical curves). The second goal is to address the drainage issues on River Road. This goal would be accomplished by improving the structure of the roadway so that it drains freely, and improving the overall drainage using ditching, culverts, and closed drainage to convey the water away from the road. The need is due to significance safety concerns in this heavily traveled corridor and rapid deterioration of the current highway.

Proposed Action The Maine Department of Transportation (MaineDOT) is proposing to widen the roadway from 10’ to 11’ and increase shoulder width from 0’-4’ to 5’ as well as horizontal and vertical geometric improvements to improve ride-ability and improve sight distances to current standards.

Rehabilitation includes full depth reclamation with recycled asphalt pavement as well as full depth rehabilitation. Full rehabilitation is also designed to correct the drainage deficiencies causing deterioration. Minor intersection approach work to side roads is anticipated at all public roadway intersections.

Federal Action Federal funding.

Definition of Area of Potential Effect (APE) A map of the APE follows. The APE includes a portion of this project fulfilled in an earlier construction season.

1 MaineDOT WIN 11219.20 Supplemental Information for a Finding of Effect Windham Highway Rehabilitation 11219.20

Figure 1: APE and Survey Boundaries

2 MaineDOT WIN 11219.20 Supplemental Information for a Finding of Effect Windham Highway Rehabilitation 11219.20

Historic Properties The proposed project is located in Windham. The following descriptions of historic properties found within the project area are based on correspondence from the Maine Historic Preservation Commission (MHPC) regarding archaeology, National Register of Historic Places nominations, and MHPC survey forms. Historic properties within this phase of the project are limited to the area around the intersection of River Road and Anderson Road. Impacts as well as ways to avoid and minimize impacts are encompassed from approximately Station 847+10 to approximately Station 859+00 on River Road and Station 40+00 to Station 41+20 on Anderson Road.

Province Fort (ME 483-001) 856+00 and Station 858+50 (partial) National Register-Eligible Archaeological Site This site was identified by MHPC in 1982. The following description is from a MHPC proposal to MaineDOT dated September 28, 2015: “Fort Province was constructed in 1744 by the Province of Massachusetts as a refuge for local residents from potential Indian attack. The fort is documented to have been 50 feet square and was surrounded by a stockade. The historic Parson Smith house was said to have been erected in 1764 close to the fort. The fort was dismantled in 1782.” The 1982 investigation noted artifacts approximately 100’ east of the National Register-listed Parson Smith Homestead. Archaeologists identified a deposit of brick, charcoal, and ash indicating a possible location of a hearth associated with the fort. The investigation also predicted that a large portion of the fort lies below River Road.

Maplewood Homestead/Anderson Lord House (John Anderson Lord Trust) Stations 847+20 to 855+00 (R+L) 78 River Road & 81 River Road National Register-Listed Criteria A, B, & C, and Criterion Consideration D, Architecture & Agriculture The Maplewood Homestead/Anderson Lord House was listed in 1991 for its local significance in Architecture and Agriculture. The Homestead consists of at least two residences, multiple barns, and a family cemetery. The main house was constructed in the late 18th / early 19th century and altered in the mid-19th century to reflect the Gothic Revival style by adding such elements as vergeboard and Gothic arches to window frames. John Anderson, great-great grandson of the original owner, was known throughout the state for his herd of Devonshire cattle. The homestead is orientated on either side of River Road, with the caretaker’s residence and barn on the east side. The west side of River Road features stone walls built with two different materials. One section consists of long rectangular granite blocks, stacked length wise. The other section consists of stone rubble held between granite posts. Anderson Road is presumably named for the family.

Parson Smith Homestead (Donald Dickinson and Elaine A. Dickson) Stations 855+50 to 868+10 (R+L) 93 River Road National Register-Listed Criteria A, B, & C, Architecture & Religion

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The Parson Smith Homestead was listed in the National Register in 1973 for its local significance in the broad patterns of Colonial history and its representation of colonial architecture – one of the finest in Maine. It is also significant for its association with Parson Smith. Smith was educated at Harvard and returned to Maine to provide religious guidance and stability to the settlers of the Windham area. The house remained in the Smith family until its sale to The Society for the Preservation of New England Antiquities (SPNEA, now Historic New England) in the 1970s.

Impacts to Property The following addresses potential impacts to properties as a result of the proposed action.

Province Fort (ME 483-001) 856+00 and Station 858+50 (partial) National Register-Eligible Archaeological Site This project would result in an Adverse Effect to Fort Province due to the rehabilitation of River Road. Three to four feet deep excavation is required for the safety improvements to both the horizontal and vertical alignments. This excavation would result in the disruption of archaeological material associated with Province Fort, suspected to be within the roadway, as identified during the 1982 investigation. The excavation would occur within the MaineDOT right-of-way between Station 856+00 and Station 858+50. A MHPC description of the archaeological effort is attached to this document.

Maplewood Homestead/Anderson Lord House (John Anderson Lord Trust) Stations 847+20 to 855+00 (R+L) 78 River Road & 81 River Road National Register-Listed Criteria A, B, & C, and Criterion Consideration D, Architecture & Agriculture Anderson Road which intersects River Road at the northeast corner of the Anderson Lord House property would have two 11’ travel lanes and no shoulder. Bituminous curbing would be introduced at the edge of pavement in order to help improve drainage and direct the water to the drainage ditches. Temporary rights would be needed on the property in order to clear trees and grade the property into the new elevation of the roadway. This project would result in Adverse Effect to the Maplewood Farm/Anderson Lord House due to the relocation and resetting of the granite block wall. Areas between the cut lines and the edge of shoulder on the attached plans would be replanted with grass. The rubble stone walls would largely be avoided with 3-4” of fill against the bottom face. The block wall would be temporarily removed to accommodate construction. The wall would be digitally photographed before temporary removal. Upon the completion of construction, the materials would be re-established in a way that is compliant with Secretary of Interior’s Standards for the Treatment of Historic Properties. A qualified mason would be retained for the resetting. A special provision would be included in the bid package. Trees would be retained where possible. Trees that are to be removed, saved, or replaced are noted on the attached plans. Utility poles are currently located on the west side of the corridor. As part of the project, poles would be relocated from Station 840+50 to 854+10 to the east side of River Road where MaineDOT retains more right-of-way. This action minimizes harm to the Maplewood Farm/Anderson Lord House by removing poles away from the old

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growth trees that serve as a buffer between the Maplewood residence and River Road. By removing the poles there is less risk to loss of the old growth trees if a line falls or due to Central Maine Power’s maintenance. The utility lines would transition back across to the western side of River Road south of the Anderson Lord House. Additionally, turf reinforced mats would be used on the east side of the road from Station 849+90 to Station 853+10 in place of rip rap. Turf reinforced mats would allow for a grassy, more natural appearance, maintaining the district’s integrity of setting.

Parson Smith Homestead (Donald Dickinson and Elaine A. Dickson) Stations 855+50 to 868+10 (R +L) 93 River Road National Register-Listed Criteria A, B, & C, Architecture & Religion This project would result in No Adverse Effect to the Parson Smith Homestead as a result of avoidance and minimization efforts. While the archaeological excavation would occur at stations which front this property, no additional excavation would occur outside the MaineDOT right-of-way, avoiding impacts to the Parson Smith House. Trees that would be saved or replaced are noted on the attached plans. The utility lines would transition back to the original corridor on the west side, thereby avoiding adverse effects. Clearing will occur from station 859+20 L to 863+00 L; however, materials to be cleared represent recent growth. This area would have likely been open space during the properties period of significance and therefore the clearing does not diminish integrity.

Avoidance and Minimization Efforts Fort Province is located within the roadway and cannot be avoided during the reconstruction of River Road. A number of deficient vertical curves are contributing factors to the accident rate at this high crash location. There are a number of culturally and historically sensitive properties adjacent to the roadway making complete avoidance and minimization of the curvature impractical. During the development of the profile, a number of design alternatives were evaluated. Ultimately, the preferred alternative would minimize the vertical curvature to a 40-mph design speed. This alternative would provide a number of improvements over the existing conditions without the impacts to adjacent resources associated with designing the profile to meet the 45-mph design speed. MaineDOT’s desired roadway width for a corridor such as this is 12’; however, during the Context Sensitive Solution process, the public and consulting parties noted an interested reducing the width to decrease resulting impacts particularly in the historic district. Additional minimization includes the use of turf reinforced mats in place of rip rap, relocation of overhead utilities away from large growth trees as well as limiting removal of trees and replacing others.

Dismissed Alternatives No Build This alternative would not meet the purpose and need as it would not correct roadway deficiencies and retain an unsafe travel way. As a result, this alternative was dismissed from consideration.

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Proposed Materials Bituminous asphalt, metal guardrail, concrete, turf reinforced mats

Public Involvement The Windham Historical Society notified the MaineDOT of the two National Register- listed properties mentioned within this report, as well as Province Fort, in 2015 and related their concerns about impacts to these resources and the area. Many parties have commented their concern regarding the impacts to properties they consider historic located south of the Anderson Hill Road intersection with River Road. MaineDOT has communicated with them regarding the determinations of eligibility and effect that these properties are not eligible for listing in the National Register and therefore are not subject to Section 106 consultation. In 2017 the town council passed a non-binding resolution regarding what they considered a historic corridor from the Westbrook town line to an area north of the Parson Smith House, stating the area was the oldest part of Windham and that it remained intact. The resolution was presented to the MaineDOT design team. MaineDOT reminded the public that the determination of eligibility addressed the loss of integrity which precludes a larger district. A group of citizens raised concerns regarding what they considered an original lot marker of the first plotted parcel in Windham near the State of Maine Prison. MaineDOT consulted MHPC Review & Compliance staff who confirmed that it was not eligible for listing in the National Register. Nevertheless, MaineDOT will avoid the lot marker during construction.

Plans See attachments.

Attachments Art Spiess, MHPC, to Megan Hopkin, MaineDOT, September 29, 2014 Kirk Mohney, MHPC, to Megan Hopkin, MaineDOT, March 27, 2014 Art Spiess, MHPC, to Megan Hopkin, MaineDOT, December 2, 2014 MHPC to MaineDOT, “Archaeological Investigation”, Undated Leith Smith, MHPC, “End of Fieldwork Memorandum” October 2016 Plan Set, Windham Cumberland County River Road Project Number No. STP 1121(920)X, January 24, 2018