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HRAB 12-20-05 Meeting AgendaI COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Historic Resources Advisory Board FROM: Candice E. Perkins, Planner Il RE: December Meeting Agenda DATE: December 9, 2005 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, December 20, 2005, at 6:30 p.m., in the Board of Supervisors' Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The HRAB will discuss the following items: AGENDA 1. November 2005 Minutes 2. Review of the Chemstone-Middletown Property proposal, submitted by Patton Harris Rust & Associates, PC. 3. Other Please contact this office if you will not be able to attend the meeting. Thank you. *PLEASE NOTE MEETING LOCATION Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the Board Room. I would encourage committee members to park in the county parking lot located behind the new addition (accessible off of Cameron Street). CEP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Frederick County Historic Resources Advisory Board (HRAB) November 15, 2005 Held in the Board of Supervisors Executive Session Room of the County Administrative Building at 107 North Kent Street, Winchester, VA. Members Present: Rhoda Kriz, Harold Lehman, Virginia McClure, Patricia Gochenour (Planning Commission Liaison) Members Absent: Jamie Lupton, Martin Killingbeck, Elizabeth Fravel, James Lockard, Felicia Hart, Maral Kalbian (Consultant) Staff: Candice Perkins, Planner II and Kevin Henry, Planning Technician Agenda Items: October 2005 Minutes, Historic Plaque Program Other: None The meeting began at 6:30 pm. The first agenda item was the October 2005 minutes, which were approved. The second item was a discussion on the historic plaque program. The HRAB went through a list of properties included in the agenda that could potentially receive plaques. Out of the list of 34 properties the HRAB decided to send letters to the following: Long Meadows, Carter Hall, Green Springs Grocery, Homespun, Fort Collier, Fort Colvin, Sulfur Springs Spa Hilandale and Hackwood. There were also many houses that the HRAB needed more information on before making a final decision. These properties will be discussed at the January 2006 meeting. The HRAB also discussed creating a driving tour that focused on properties with Frederick County Historic Plaques. The meeting was adjourned at 8:30pm Item # 2 Chemstone-Middletown Prope The Historic Resources Advisory Board (HRAB) has been asked to provide a review agency comment pertaining to a rezoning proposal from O -N Minerals (Chemstone). O -N Minerals is proposing to rezone 691 acres of land within two parcels from RA, Rural Areas District to EM, Extractive Manufacturing District. The EM Extractive Manufacturing District is intended to provide for mining and related industries, all of which rely on the extraction of natural resources. The subject parcels are situated generally west and adjacent to the Town of Middleto-xm. Specifically, the Middle Marsh Property is located east of Belle 'View Lane (Route 758) and west and adjacent to Hites Road (Route 625), and is further transversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). See attached Generalized Development Plan. The two parcels that are proposed to be rezoned are located in the study area boundaries of the Cedar Creek Battlefield. The applicant's impact analysis statement states that the property is not identified as core battlefield; however, the National Parks Survey shows a portion of this property as being located within the core battlefield area (see attached NPS map). The property identified as the Middle Marsh property is noted to contain ruins referred to on maps as "Nieswander's Fort". The applicant has provided a historic impact assessment for this fort that is attached. Item #3 in the proffer statement, states that the "Applicant shall create an eight acre historic reserve as shown on the GDP, within which archeological resources associated with Belle Grove Plantation have been identified. Said reserve shall be set aside for future dedication to Belle Grove Foundation. This reserve area is shown in blue on the attached Generalized Development Plan. The applicant has taken several digital images of the acreage proposed for rezoning which has been included in your agenda. These images depict the current view of Belle Grove Plantation with the quarry property in the background. Staff asks that the HRAB review this information and provide a formal review agency comment which will be made part of the official staff report for the rezoning application. This comment will be an item of information considered by the Planning Commission and the Board of Supervisors regarding this proposal. The information under this agenda item includes the following: • The applicants Rezoning Application, Impact Analysis Statement, Generalized Development Plan, Proffer Statement, Historic Impact Assessment, a Winchester Star Article and images of the site. • Information from the National Park Service Civil War Sites Study pertaining to the Battle of Cedar Cree. Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE CHEMSTONE - MIDDLETOWN PROPERTY Back Creek Magisterial District June 2005 Prepared by: Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 PHRA II APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Io be ro ri pleted h 1'lriranw Slca ,.Tee nnomit.Paid$ ;''onin,-1 A-me.ndinctit Nijmber PC' Rearing L 4(t BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: O -N Minerals Telephone: 540-465-6819 Address: 1696 Oranda Road, P.O. Box 71 Strasburg, Virginia 22657 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: Name: Charles E. Maddox, Jr., P.E. (PHR+A) Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O -N Minerals 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Undeveloped Quarry ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The subject parcels are situated generally west of the Town of adjacent to Middletown. Specifically, the Middle Marsh Property is located east and Belle View Lane (Route 758), and west and adjacent to Hites Road Route 625), and is further traversed by Chapel Road (Route 627). The (Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). 2 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number(s) 83-A-109 & 90-A-23 Magisterial: Fire Service: Rescue Service: Back Creek Middletown Middletown Districts High School: Middle School: Elementary School: Sherando Aylor Middletown 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 691 RA EM 691 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other 78 acres — quarry pits 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant/ Owner O -N Minerals Date 4 ADJOINERS CHEMSTONE - MIDDLETOWN Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public. right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor- of the Frederick County Administrative Building, 107 North Kent Street. 5 Name Property Identification Number (PIN) Address Name: Keith A. & Linda A. McNeely 443 Westernview Dr Property #: 84-6-10 Middletown, VA 22645 Name: Mark A. & Karen Griffith 411 Westernview Dr Property #: 84-6-9 1 Middletown, VA 22645 Name: Fred & Shirley Potter 379 Westernview Dr Property#: 84-6-8 Middletown, VA 22645 Name: Steven M. & Deborah M. Miller 357 Westernview Dr Property#: 84-6-7 Middletown, VA 22645 Name: Donald J. & Donna W. Hopkins 325 Westernview Dr Property #: 84-6-6 1 Middletown, VA 22645 Name: Lawrence E. & Wendy J. Hamilton 277 Westernview Dr Property#: 84-6-5 Middletown, VA 22645 Name: Jeanne Rapa & Shellie L. Sellards 241 Westernview Dr Property#: 84-6-4 Middletown, VA 22645 Name: Kevin D. & Elizabeth M. Barrington 205 Westernview Dr Property#: 84-6-3 Middletown, VA 22645 Name: Gary S. & Dale A. Nichols 1405 Handley Ave Property#: 84-A-7 Winchester, VA 22601 Name: Richard A. & Janet S. Dye 11310 Vale Rd Property #: 84-A-12 Oakton, VA 22124 Name: H & E, LC 1832 Chapel Rd Property #: 84-A-17 Middletown, VA 22645 Name: Jennifer L. Nichols 1875 Hites Rd Pro ert #: 84-A-1 7A Middletown, VA 22645 Name: Edith M. Renner 152 Veterans Rd Property #: 91-A-7 Middletown, VA 22645 5 Name: Property#: Garrett Farms, LLC 84-A-16 508 Veterans Rd Middletown, VA 22645 Name.- Timothy D. & Lisa M. Rickman Rt 1, Box 695 -Property#: 91 -A-7A Swords Creek, VA 24649 Name: Carlton R. Boyer 156 N Eberly St PrODertv #: 83-A-107 Strachi irn \/A 77RF7 R Name.- Carlton R. Boyer 156 N Eberly St Property#: 83 -A -108B Strasburg, VA 22657 Name: Dennis F. Boyer 165 Drover Ln Property#: 83 -A -108B Middletown, VA 22645 Name: Deborah R. Dorman 9345 River View Rd Property #: 83-A-106 Broomes Island, MD 20615 Name: Rock Builders, Inc P.O. Box 1146 Property #: 83 -A -103B Berryville VA 22611 Name: Garrett Farms, LLC 508 Veterans Rd Property #: 90-A-20 Middletown, VA 22645 Name: Richard A. McDonald 470 Meadow Mills Rd Property #: 90-A-30 Middletown, VA 22645 Name: Meadow Mills Union Chapel RR 1 Box 446 Property #: 90-A-29 Edinburg, VA 22824 Name: Joseph L. & Frances Kenny 516 Meadow Mills Rd Property#: 90 -A -29A Middletown, VA 22645 Name: Thomas G. II & Cornelia E. Lekas 536 Meadow Mills Rd Property#: 90-A-28 Middletown, VA 22645 Name: Albert H. Hodson 536 Meadow Mills Rd Property #: 90-A-27 Middletown, VA 22645 Name: National Trust for Historic Preservation 1785 Massachusetts Ave NW Property #: 90-A-33 Washington, DC 20036 Name: Malcom & Mildred G. Brumback 420 Belle Grove Rd Property #: 90-A-26 Middletown, VA 22645 Name: Barry L. Bowser P.O. Box 221 Property #: 90-A-25 Middletown, VA 22645 R II IMPACT ANALYSIS GLOBAL STONE CHEMSTONE CORPORATION REZONING IMPACT ANALYSIS STATEMENT .Tune 2005 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 83-A-109 ("Middle Marsh Property") and 90-A-23 ("Northern Reserve"), which total approximately 691 acres. The subject parcels are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east and adjacent to Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 691 acres from RA to the EM (Extractive Manufacturing) District. Global Stone Chemstone Corporation's ("Chemstone") existing Middletown plant and quarries are located adjacent to and between the subject properties. The property containing these facilities is zoned EM. The Northern Reserve site is further situated adjacent to Chemstone's Strasburg facility, which is located immediately south of Cedar Creek in Shenandoah County. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified more than forty years ago, and the acreage has remained in the ownership of mining interests ever since. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Chemstone Middletown operation. The contents of this report will outline the role of the subject acreage in future Chemstone operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, this rezoning request merits favorable consideration and approval. Impact Analysis Statement Lhemstone - Middletown B. COMPREHENSIVE POLICY PLAN The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are further located outside of the Sewer and Water Service Area (SWSA). The Business and Industrial Areas policies of the' Comprehensive Policy Plan are relatively silent concerning natural resource extraction, except for acknowledgement that such uses exist in the County, in particular along the limestone belt west of Interstate 81, and that study is needed to establish appropriate guidelines for evaluation of proposals for new extractive manufacturing areas. To date, no such study has been undertaken. (Comprehensive Policy Plan, p. 6-9, 6-72) C. SUITABILITY OF THE SITE State Regulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. -Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation/mine permit map must be submitted for DMM approval and updated annually. The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Middletown quarry currently operates under mining permit number 05714AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation/mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scope of Proposed Use Chemstone intends to transfer limestone ore extracted from the subject properties to the Strasburg plant for processing, consistent with the practices of the existing Middletown quarry operation. The scope of the increased manufacturing use in Frederick County will therefore involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport (via central 2 Impact Analysis Statement Chemstone - Middletown j crusher facility), and the loading of materials for transfer. The transfer of materials between the Middletown and Strasburg facilities will occur through the continued use of trucks and the adjoining CSX rail line. Long term facility plans include future implementation of an internal conveyor system that will ultimately eliminate the exclusive reliance on these existing modes for material transfer. The future role of the conveyor system in Chemstone operations is significant as it represents a method for minimizing truck traffic on the surrounding secondary -o a d netwvor k. Abf l er LLIvaiaiiy o44—iloIVyosystelll will effectively elllIIllIdC Lilt: need for truck transport of materials between Middletown and Strasburg by Chemstone. As such, the expanded mining operation would not result in any sustained intensification of truck traffic on the secondary roads serving the site. However, regardless of the ultimate implementation of the conveyor system, truck trips will continue to be generated by the facility due to the retrieval of raw materials directly from the site by quarry customers. An extensive network of earthen berms will be installed to screen active mining activities. Moreover, substantial buffers will be provided around the perimeter of the site sufficient to further separate adjoining properties and land uses from mining operations. The provision of perimeter buffers is assured by proffer and shown on the generalized development plan (GDP) accordingly. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For over a century, limestone ore has been extracted and processed via the existing Middletown and Strasburg quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Middletown quarry facilities have been in active operation since the late 1950's under various ownership interests, and were acquired by Global Stone Chemstone Corporation from Chemstone Corporation in the mid -1990's. The Strasburg plant has operated continuously since 1896. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to these facilities and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use. 3 Impact Analysis Statement Chemstone -Middletown The uneventful history of quarry operations in the Middletown and Strasburg areas has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. Open meetings have been held by quarry companies over the years to foster communication with citizens and local officials. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. Open meetings will continue to serve a vital role in assuring that dialogue between Chemstone and the community is on-going and constructive. Enylrc. mental Fcaturca The Northern Reserve and Middle Marsh properties each contain environmentally sensitive areas. The following table identifies the environmental resources located on the properties, and further indicates the potential areas for mining activity and likely scope of impact for each resource. "Source: Science Applications International Gorporatlon (SAIL), October 2001. The above data summarizes a study report generated by Science Applications International Corporation (SAIC) for Chemstone in October 2001, a complete copy of which is included with this impact statement as Appendix "A." The scope of the SAIC study is extensive, and is comparable to that of an environmental assessment (EA) under the National Environmental Policy Act (NEPA). Of the total acreage proposed for rezoning, it is projected that actual excavation will involve roughly 78 acres, or only 11 % of the area to be rezoned. Areas adjoining the quarries will be devoted to materials processing and storage of said materials as well as discarded earth. Areas for excavation, processing and storage will be located and managed to protect identified environmental features E Northern Reserve Middle Marsh Rezoning Property Property Total Acreage 158 acres 533 acres 691 acres Mining Area guar pits 24 acres 54 acres 78 acres Resource Area 11 Impact I Area Impact Area Impact (%) Area (%) Area (%) Area Wetlands 1.9 acres <0.10 ac. 0.3 ac. None 2.2 acres <0.10 ac. 1.20% 0.06% 0.32% Streams 8,921 None 10,984 793 19,905 793 lineal ft. lineal ft. lineal ft. lineal ft. lineal ft. Flood Plain 36 acres 1.0 ac. 89 acres 3.0 ac. 125 acres 4.0 ac. (22.8%) (16.7%) (18.1%) Steep Slopes None None None None None None (>50%) "Source: Science Applications International Gorporatlon (SAIL), October 2001. The above data summarizes a study report generated by Science Applications International Corporation (SAIC) for Chemstone in October 2001, a complete copy of which is included with this impact statement as Appendix "A." The scope of the SAIC study is extensive, and is comparable to that of an environmental assessment (EA) under the National Environmental Policy Act (NEPA). Of the total acreage proposed for rezoning, it is projected that actual excavation will involve roughly 78 acres, or only 11 % of the area to be rezoned. Areas adjoining the quarries will be devoted to materials processing and storage of said materials as well as discarded earth. Areas for excavation, processing and storage will be located and managed to protect identified environmental features E Impact Analysis Statement Chemstone - Middletown ( from deleterious impact. Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. It is noted that the SAIC study indicates impacts to approximately 793 linear feet of natural waterways traversing the properties. As per the Frederick County Zoning Ordinance, disturbance of natural waterways and riparian buffer areas is prohibited except for roads and/or public utilities and public facilities. Encroachment within riparian areas will be limited accordingly, which will likely result in a lesser impact on stream areas than projected by the SAIC study, The results of the environmental assessment of the subject acreage indicate that the identified conditions will neither preclude nor substantially hinder use of the properties for extractive manufacturing. Soils/Geology The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento- Oaklet soil association. The following table identifies the multiple soil types present on each property: Northern Reserve (Map Sheet 54 of Soil Surve Map Symbol Soil Name Slopes (range) 5C Carbo silt loam 7 to 15 % 13C Frankstown channery silt loam 7 to 15 % 14C Frederick -Po limento loams 7 to 15 % 15E Frederick-Poplimento very gravelly loams 25 to 60 % 17C Frederick -Po p limento- Rock outcrop complex 2 to 15 % 17E Frederick-Poplimento-Rock outcrop complex 15 to 45 % 39C Swimley silt loam 7 to 15 % Middle Marsh (Map Sheet 51 of Soil Survey) Map Symbol Soil Name Slopes (range) 5B Carbo silt loam* 2 to 7 % 5C Carbo silt loam 7 to 15 % 6C Carbo-Oaklet silt loams, very rocky 2 to 15 % 7C Carbo-Oaklet-Rock outcrop complex 2 to 15 % 32C Oaklet silt loam 7 to 15 % 39B Swimley silt loam* 2 to 7 % 40B Timberville silt loam* 2 to 7 % *Denotes soils classified as Prime Farmland (see Soil Survey, p. 923, Table 5). 5 Impact Analysis Statement Chemstone - Middletown The majority of the soil types comprising the subject acreage are not considered prime farmland. No��,�cvcr, the Middle Marsh property does contain pockets of three soil types that are distinguished for their agricultural value. These soil types are idPntifiPd in the table above with an asterisk (*). The unique geological characteristics that give the property its value for extractive manufacturing also produce areas of enhanced soil fertility, which, when existent over large contiguous areas, may be conducive to productive agriculture. In the case of the Middle Marsh property, the prime farmland soils are generally fragmented and dispersed throughout the site thereby limiting its overall agricultural value. The purity and consistency of the limestone deposits that underlie the subject properties constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access Public road access to the Middletown facility occurs from Route 757 (McCune Road) via Route 625 (Veterans Road — Frederick County, 5th Street — Town of Middletown), which is accessed from US Route 11 in the Town of Middletown. The site possesses direct access to the CSX rail line, which allows the extensive use of railroad facilities to transport materials between facilities. Moreover, a system of internal conveyors is planned for the transfer of materials between the Middletown and Strasburg plants, which will result in the operational integration of the Chemstone operations in Frederick and Shenandoah Counties. The utilization of such alternative modes of transportation and material transfer ensures an operational efficiency that minimizes impacts to the secondary road network. D. TRANSPORTATION The transport of extracted limestone ore from the subject acreage to the Strasburg processing facility will occur via three modes, which are: 1. Conveyor system (internal, directly linking quarries and Strasburg plant); 2. Rail (existing CSX rail line); and 3. Truck Studies conducted by Chemstone identify the conveyor system as the preferred method of material transport as it ensures the least impact to the surrounding road network and community. It is further recognized that this alternative requires the most significant investment in terms of both initial installation and long-term operation. Thus, while the conveyor system represents the long term goal for inter -plant material transfer, it is unlikely to be implemented as a short term improvement. As such, inter -plant transfer will continue to occur via rail and truck transport D Impact Analysis Statement Chemstone - Middletown !nitial contact with state permitting agencies has indicated that future implementation of the proposed conveyor system would be feasible. At such time that it is installed, the crossing of the conveyor over Cedar Creek will be completely enclosed to preclude accidental loss of material into the waterway, and will further be screened to minimize visual impacts. As noted above, the inter -plant transfer of materials by train and truck will continue to occur to some degree regardless of the availability of the conveyor system. Given the potential for truck traffic on the surrounding road network, a traffic impact analysis (TIA) was completed for this application and is included with this statement as Appendix "B" (Traffic Impact Analysis of Chemstone, dated March 16, 2005). The TIA considers two transportation scenarios for this rezoning. The first scenario involves the exclusive reliance on trains and trucks for inter -plant material transfer, and therefore reflects impacts caused by increased traffic of all types. The second scenario assumes implementation of the proposed conveyor system and the corresponding de -emphasis of trucks for inter -plant material transfer. The scope of the analysis for each scenario was determined through consultation with VDOT, and focuses principally on the intersection of Route 625 (5th Street) and US Route 11 (Main Street) in the Town of Middletown. The existing Middletown facility generates a total of 506 vehicle trips per day (ADT), based on actual traffic counts. This traffic includes employee trips, customer trips, and Chemstone's inter -plant material transfer trips. The TIA projects anticipated traffic using trip generation data from the I.T.E. Trip Generation Manual, 7th Edition. Under the first transportation scenario, the TIA projects that the rezoning would result in an increase of 799 trips per day, totaling 1,305 ADT for the facility as a whole. Trips of all types are increased with this scenario, to include an approximate doubling of inter -plant truck trips. Under the second transportation scenario, which accounts for the future conveyor system, the rezoning would produce a net increase of only 186 trips per day, resulting in a total of 693 ADT for the expanded facility. The nominal increase in trips under this scenario is attributable to the elimination of truck trips for inter -plant material transfer from the trip generation projections. As such, trips produced by the expanded facility under this scenario would be limited exclusively to those of employees and customers. The TIA concludes that study area roads and intersections have the capacity to accommodate the trips generated by the proposed rezoning at acceptable and manageable level of service conditions. Although the second transportation scenario is clearly of lesser overall impact, the TIA indicates that Level of Service Category C conditions or better are maintained at studied intersections under both of the scenarios analyzed, thus ensuring consistency with the transportation 7 Impact Analysis Statement Chemstone - Middletown objectives of the Comprehensive Policy Plan regardless of the ultimate mode(s) used for inter -plant material transfer. E. SEWAGE CONVEYANCE AND WATER SUPPLY The Middletown facility is served by a private health system for on-site sewage disposal. No additional sewage facilities will be required by this rezoning. Water . �., r� at ne:a aI a .... c :I:�., _"t_:_..a 4... ._:i ,a. _4 _:_ L_: L. supply IUI the IvuuUlcLUvvl I ICAUJILy i� vuLctu I+rU Dy quasi y NIL ua=WaLCI II g, W IC I occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de -watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Middletown operation. F. DRAINAGE The plan of operation/mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. G. SOLID WASTE DISPOSAL Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening. The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. H. HISTORICAL SITES AND STRUCTURES The subject properties are located within the boundaries of the Cedar Creek Battlefield, but are not identified as core battlefield resources. The Middle Marsh property is noted to contain ruins referred to on maps as "Nieswander's Fort." A detailed Historic Impact Assessment is included with this report as Appendix "C," which discusses both the role of the site in the referenced Civil War battle and Impact Analysis Statement Chemstone - Middletown the potential origin and significance of the ruins. The conclusions of this study indicate that significant historic resources will not be lost due to the proposed use. The site is located immediately west and adjacent to the Cedar Creek and Belle Grove National Historical Park, the boundaries of which were established by federal law in 2002. To ensure that the visual impacts to this adjoining resource are mitigated, Chemstone intends to locate all processing equipment inside the quarry pits so that such facilities will not be visible. Moreover, berms surrounding the pits will be constructed with smooth lines and grades to preclude fragmentation of the park's viewshed. I, IMPACT ON COMMUNITY FACILITIES The Frederick County Fiscal Impact Model was run to assess the likely impact of the proposed project on capital facilities. The output module generated by this analysis indicated that the proposed land uses would result in a net positive fiscal impact. Such positive impacts are derived from increased revenue from real estate and machinery/tools taxes. 6 .. f t � _ � u 4• 1 • : . 111 rr + a 1A I rA V"A .\ „ I<a r r *_-,r s^� • look .,� ' F •,i ( .ear `\\�\ \ t..' ',i.''.y a"� an, Wl , � J4 PR s RE '�" t � • w r � � sp/;.' �[; .i "'b.1 .lea �, ' e'+ _ .:a °' y. •:i - .. 1 X6,!1/+�s�" �`•.�,Ati \s�`�j��\�r�Co + �, ' ; ib 4 Jt , 25 19-ERWST LAY t� 23 'CORPORATION t.. MIRAI�+'",,"' o �s`:,v'B»+•y'�fLtiv I:'s"* �% FURT 3 .0 -A -2 M50 A�l ,I40EADOW MILLS UNION • �'iD . ilk,', ��.� � 'k'` `' �J • LEKAS l` CHAPEL,, A-JOSEPH L, S cam[[--- _•_- , t _ � - ER I� 9M+' r Fitt' ,�, 9 - 1��.• //c,',._ .\ s.,... ; ` t a Revised 6/1'3/05 NTS III PROFFER STA TEMENT PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 691 acres +/-; Tax Map Parcels 83-A 109 & 90-A-23 (the "Properties") RECORD OWNER Global Stone Chemstone Corporation APPLICANT: Global Stone Chemstone Corporation PROJECTNAME : Chemstone - Middletown ORIGINAL DATE OF PROFFERS: June 13, 2005 REVISIONDATE(S): N/A The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced EM conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Global Chemstone - Middletown" dated April June 13, 2005 (the "GDP"), and shall include the following: 1. Land Use 1.1 The Property shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining (DN" of the Virginia Department of Mines, Minerals and Energy, and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. Proffer Statement 2. Site Development Chemstone - Middletown 2.1 Site access via public secondary roads shall be limited to the existing quarry entrance on McCune Road (Route 757). 2.2 Distance buffers shall be provided along the perimeter of the Properties in addition to those required by the Zoning Ordinance. The depth of said buffers shall be determined at the time of site plan submission, and will vary based upon the topography of the site boundary. 2.3 Earthen berms installed around impacts to the viewshed of the consist of a mix of deciduous vegetation patterns. Historic Resources active quarry pits shall be surrounding community. and coniferous plantings landscaped to minimize Such landscaping shall consistent with existing 3.1 The Applicant shall create an eight acre historic reserve as shown on the GDP, within which archeological resources associated with Belle Grove Plantation have been identified. Said reserve shall be set aside for future dedication to Belle Grove Foundation. Rights to Water Supply 5.1 The Applicant shall guarantee the Frederick County Sanitation Authority (FC SA) rights to the groundwater resources available on the Properties in accordance with existing agreements negotiated between the Applicant and FCSA. SIGNATURES APPEAR ON THE FOLLOWING PAGES June 13, 2005 Page 2 of 3 IV HISTORIC IMPACT ASSESSMENT CEDAR CREEK REPORT The question is; "Will the quarry expansion interfere with the core battlefield of Cedar Creek or impair an understanding and interpretation of what happened there 19 October 1864?" A problgm in Virginia is so much history happened here you could put a fence around the Valley as well as Eastern Virginia and call them both historical areas. We cannot, and have not, and do not want to save all land where history "happened." We can only save what we know to be significant. The property proposed for quarry operation was the land ridden over by Brig_ Gen. George Custer's Third Division of the Cavalry Corps on the afternoon of 19 October 1864, part of the Federal counterattack against Confederates under Lieut. Gen. Jubal A. Early. The original morning offensive by the Confederates was a brilliant and complicated plan involving a three -column converging night attack supported by cavalry on both flanks. It was planned well, executed with force, gained the element of surprise, and pushed the Federals back. About 0930 the Confederate attack lost its momentum. The Federals were able to mount a counterattack about 3:30 that afternoon overwhelming the Confederates and reversing, not only Confederate success that day, but eliminating Confederate power in the Valley for the rest of the war. Part of the Federal counterattack was a cavalry charge of about 3,000 troopers under Custer which swept down on the Confederate left, or western, flank and mostly consolidated what Federal infantry already had captured in the way of wagons, cannons, prisoners of war, battle flags, and supplies. When the former head historian for the National Park Service, Dr. Edwin C. Bearss laid out the battlefield, he included everything this side of the quarry to the Valley Pike as the core battlefield. Since that designation individuals have built homes on the core battlefield, Interstates have obliterated part of the battlefield used by Confederate troops moving to the attack. Also business establishments now stand on land where the battle took place, and Lord Fairfax Community College owns over 100 acres. Among the famous Federal personalities at the battle, Maj. Gen. Philip Sheridan the Commanding General operated in the middle and eastern part of the field near the Valley Pike. Two future presidents of the United States, Col. Rutherford B. Hayes, and Cpt. William McKinley were both on the eastern side of the field, again near the Valley Pike. Custer's name is known by most Americans. He was there, and performed perhaps his best during the war. His tactics were pretty much the same through out his career. That is without much preparation, planning, or consideration of tactics and terrain, "Charge in fast, throw the enemy off balance, then react to what happens." These were his tactics for 12 years, until he charged into a large group of Sioux and Cheyenne along the Little Big Horn in present day Montana. Still, Custer was in this battle and it was one of his finest actions. Aside from part of the Federal cavalry charging across a piece of this land, nothing of significance happened on the land. By October 1864, everyone on both sides was a professional. The outstanding points of the battle of Cedar Creek are the Confederate plan and execution, the personal leadership of Sheridan and other officers, the stubborn resistance of pockets of troops on both sides, and the rout of Early's troops, which ended Confederate power in the Valley and ended Early's career. The accompanying map shows the route of Custer's charge and the proposed extension of the quarry. Quarry owners are mindful of keeping the integrity of the battlefield and are considering ways to minimize, and hide structures necessary for mining, as well ,as considering ways tobenelat battlefield visitors understanding through the use of platforms and interpretive devices. In an aside, the battle was significant for Vermont units because by happenstance every unit from the "Green Mountain" State on active duty was at this battle. Hanging in their state capitol in Montpelier -is a huge painting of Cedar Creek. Other fighting at the same time in 1864, east and south of Petersburg, also was significant as it caused Gen. Robert E. Lee to leave his trenches and move west until he was stopped at Appomattox Court House and surrender, 9 April 1865. Without a doubt if Cedar Creek was in any other state, much would be made of the battle for out of the 53,000 soldiers engaged, there were 8,500 casualties. But there are only two unit markers on the battlefield, and only one visible to the public. There are several state markers along the Valley Pike which give an idea of the events for all who stop to read. For the historian who wants to see the battle as the participants saw it, ground level, or from horse back, that is still possible. Once the Confederate planners left Signal Knob on Massanutten Mountain, they too were at ground level. In summary, early in the day the Confederates attacked and forced the Federals to retreat. That retreat took place this side of the proposed quarry operation. Only Custer's sweeping counterattack later in the day crossed part of the land proposed to be quarried. I have flown over the land in a helicopter, driven, and walked the land, read after - action reports of the participants, as well as studied the pertinent maps in the Library of Virginia, the Virginia Historical Society, and in published books. I believe an accurate, complete and useful interpretation of the day's events can be viewed with the construction of the quarry. I further believe with the help of the mining company, the interpretation of the battle will be better understood than it is now. NIESWANDER'S FORT The question is; What do we know about the ruins noted on mans "Nieswander's Fort?" The ruins now labeled Nieswandei sFort on maps probably date from 1754-1-756, during the French and Indian War when the Lower Valley of Virginia experienced many Indian raids. Although there is no record of a Nieswander Fort in the records of the time, there is evidence to infer the ruins came into existence as a result of Indian depredations, and fear among residents ofthe-Lower Valley. Given the size of the site, most certainly the "fort," built over a spring, was a blockhouse. It was probably much like Hupp's Fort, his primary residence also built over a spring, and according to the state marker dates from 1755. One problem in researching this period in the Lower Valley is in 1781 practically all ofthe documents relating to theFrench and Indian War were destroyed in a fire at the Virginia State Library. Brothers Jacob and Christian Neuenschwandger came from Canton Bern, Switzerland to Lancaster County, PA in 1711. From there they moved into the Lower Valley between 21 October 1731 and 28 November 1732. Jacob was married to Susannah, and Christian to Maria Magdelena. Christian settled five miles south of Winchester, a hWmile on the west side of the current Valley Turnpike, the old Indian war trail which became broadened by wagon traffic. Settlers moving through the area used it as the main thoroughfare. Jacob, who owned 435 acres purchased from Yost Hite 7 February 1738, settled three miles further south near Stephens City, also close to the turnpike. The bothers were Mennonite in he Anabaptist tradition and shunned warfare, militia service, and firearms. Their defense would be to avoid conflict by staying in a blockhouse until danger had passed. The settlement of Mennonites in the Lower Valley was encouraged by Virginia and was in the tradition of Virginian's settlement of Scotch -Irish in the Upper Valley, Huguenots west of Richmond at Manakin Town on the James River, and Germans in Germanna, Orange County. Virginia winked at religious conformity to the Church of England in the case of frontiersmen. These groups were used as a "trip wire," or warning, as they would be the first casualties from Indian attacks. Nieswanders were among the first white settlers in the Valley. Jacob had a son named "Colonel" John Nicewanger, born in 1742, a first generation American who became a military man. Often pacifist conviction died easily and early on the frontier because of closg contact with warring -Indians. To understand these people we must understand the pioneer spirit. A frontiersman was a law unto himself, able to take care of his family, birth his children, set broken bones, protect his family, and raise a crop to survive. The pioneer spirit caused frontiersmen to keep on the frontier. --Seldom did a frontiersman "settle' and allow others to pass him by to settle a further frontier. When he could hear his neighbor's dog barking or see the smoke from another's chimney, he moved on further west. Without a doubt, Virginia Governor Dinwiddie was the strongest of the colonial governors in devising ways to protect Englishmen in North America. Even though there are no French and Indian War battle sites in present day Virginia, many killings and atrocities occurred here. The first hostile forces sent out in the war were Virginians, and the first to shed blood were Virginians. Records estimate over 3,000 people from the Valley died or were taken into captivity during this war. A problem surfaced after General Edward Braddock's force of 2,500, including George Washington and 250 Virginians, were ambushed traveling to Fort Duquesne, on the Monongahela River, in July, 1755. The Braddock Road was cut west toward the Ohio River but ran through the Lower Valley at Winchester. Unintentionally the road also was an avenue for Indian raiding parties traveling east who now perceived the English as cowards and poor fighters. The road ended in the Lower Valley at Winchester, foupded in March 1744. By 20 February 1755 George Washington had written to ask Governor Dinwiddie to increase the support to the frontier and to build a fort at Winchester. Washington said, "The inhabitants who now are in forts are greatly distressed for the want of ammunition and provisions and keep asking me for these. I have none to gi,ve and see people in forts without food." Such colonial military failures as Braddock's defeat always were followed by serious Indian raiding upon the frontier. After March 1756 there were twenty skirmishes and over 100 casualties. Washington's troops were spread as thin as two soldiers per mile on this frontier from 1754 to 1757. The years 1755 —1756 will be remembered as the most murderous of frontier life. Cabins and barns in the Valley burned like funeral pyres. Governor Dinwiddie made George Washin*ton command-in-chief of the Virginia forces in August, 1757 and in charge of defenses in the Valley. Adding to Washington's problems was American general distrust of a standing army as well as the pacifist beliefs of the settlers. The solution hit upon was to stay on the defense by constructing a series of forts, blockhouses, and stockades. This would allow small garrisons in conjunction with local people to protect the settlers. Few forts had been built prior to 1756 but that year saw completion of the majority of forts in the area_ Forts were for depots, storage of food and fodder, and rallying points in times of danger. The presence of forts also encouraged people to move }nto the area. By September of 1757 Fort Loudoun was completed in Winchester on an half acre of land, 96 feet on a side and including four bastions. There were three classes of defensive structures on the frontier. The blockhouse was the most simple, usually a square two-story log building, with the second floor overhanging the first. There were numerous rifle holes in the logs. Nieswander's Fort was probably in this class. The stockade was much stronger than a blockhouse, often a double log structure two stories high, surrounded at a distance by a high fence of stakes or palisade. Forts were the ultimate structure, usually square having a blockhouse at each corner with each blockhouse connected by a palisade fence. Stockades and forts were for garrisons with sleeping arrangements and served as places of refuge for many people. Blockhouses, when not designated to be built in an area, often were made by families. These blockhouse were fabricated by community labor and private funds, and therefore reserved for selected families in time of danger. A situation could arise where a dozen or fewer Indians might cause those owning the blockhouse to flee into it with the clothes on their backs and what they could grab_ In March 1756 the Assembly of Virginia authorized the building of a cordon of forts on the frontier, the construction to be overseen by Captain Peter Hog. These structures usually were on the heads of creeks extending toward the Allegheny Mountains. There are several extant lists of these forts describing the number of militia to be stationed there, distance from one to another, and the name the officer in charge. They all had names and geographical location descriptions. Some were built some were not. Fort Nieswander is not one of them. The name Nieswander, in all of its variations of spelling, is not mentioned in connection with this cordon of forts project. The closest was Stephen's Fort on Cedar Creek, ten or fifteen miles from Major Robert White's Fort near the Capon �iver in the North Mountain neighborhood. Even though Washington thought the best defense was a good offense, he was unable to muster enough troops from the locals to take the offense. Washington wrote "Those who now remain are collected in small forts, out of which there is no prevailing on them to stir, 4nd every plantation is deserted." Also there was no cooperation among settlements in the Lower Valley. When the people of Hampshire County appealed to Frederick County for help against an impending Indian attack, the people of Frederick County said, "Let Hampshire take care of itself as we will do if we are attacked." In summary the ruins called Nieswander's Fort, if the ruins are of a blockhouse, was a private one reserved for the Nieswander family and friends. Its present location, on a part of the Cedar Creek Battlefield far from a main road, as well as its undocumented history, argue that saving the site would serve no historical purpose. Proposed�.,Celdarcreek,� P.q, r % _B 646 n- d a r Chaine Y., Py _ &We sat dawn and talked with the min- -fhe Star ing ` company and decided that an ac- Just a couple of changes tiVe quarry was probably something We have been made to the pro- , posed boundary of a nationa' l dldn t want in a national park. park at Cedar Creek Battlefield J Wendy U'Sullivan and Belle Grove, but work eon couldn't identify people with all will continue into next yeai tines to smooth relations with the concerns at the. meeting (ora when federal legislation is e� landowners whO. have voiced Oct.2),.bseveral severale canis petted 'to be introduced i concerns about the park in p P A& area. = by to say they didn't oppose the Congress. Wendy O'Sullivan, who man-. park and. just wanted to get . "My bestguess is that ages the National,Park Service some answers to questions,' she wouldn't be introduced unt Office. in Middletown, said she said. blareb," O'Sullivan said of lei went over two changes to theSeveral members of the au- illation, e)mected to be intra proposed boundary at Monday's - diene echoed their concerns at duced by U.S. Rep. Frank I meeting of the Shenandoah ameeting of -land owners with Wolf,11-10th, and: Sen. John N Valley Battlefields Foundation in the park boundary,. and otb.- Warner (R). in New Market, er Middletown residents, at the "Wolf said earlier this ye; She said an active quarry T�Payside Theater Oct. 2. he wants to hear the reacti, operated by Chemstone Corp. Thep -wanted to know .aboutfrom sll it;e .affected proper near Middletown on Cedar : their praperty lights and the owners and the local gover Greek will no longer be in the changes a national park Would meats before he goes forwo park, "but it will: include `Har b to, a quiet community. with legislation. - mony Hall, .an x8th-century while some -outwardly OP- While the bill to create t homestead neartheBelle Grove posed the park, others had park was originally expect Plantation. questions about the procedures this fall, the Sept. 11 terroi The switch is essentially an the park service would take in attacks created more imports equaltrade-in- land and will purchasing land, and what op issues for {congress and ,pull keep the proposed Oark ' at tions, land owners had in sella back other non-essential about `3,000 acres. iing eir property, . '4e sat down and talked ' "Proponents for thepark sues..Sullivan said she a with the rninin company :and have mentioned it would pro, lane to before local onE decided that. an active quarry tett farmland, historic sites and P g° " g was probably something we scenic beauty while providing a .rents again next year to gid didn't want in a national. gark,A boost io the Iocal ecanoasy, report on 'the parks progY O'Sullivan "said, O'Sullivan, said moving the and any changes in the i As for the future Of the local NPS,office, to Middletown l6°sed boundary. park, (?'Sullivan said she. ;has from Strasburg has also made She said once the legisla heard from some ;people ;with information more accessible to 'is introduced in Congress, contents who weren't necessar- the residents mast affected by Public will still have sev, ily opposed to it. the parl months to comment bel 'It's a shame that we She said publie meetings Congxe$ votes on the park tomsni V IMAGES Viewfrom Route 11 of Belle Grove avith quarryin the background. View of quarry operation from Kt. 727 adjacent to Belle Grove. CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA CEDAR CREEK "Sheridan's Ride," and offers a dramatic example of the (19 OCTOBER 1864) effect of charismatic leadership. Rarely have the scales of victory and disaster swung to such extremes during battle: Counties: Frederick, Warren, Shenandoah General Location: Along US 11, Cedar Creek to Middletown; Belle Grove is a focal point. CS march began from Fisher's Hill. Size of Study/Core Areas: 15,607/6,252 acres GIS Integrity of Study/Core Areas: 89/89 percent; Good/ Good Field Assessment of Study Area Integrity: Fair USGS Quadrants: Tom's Brook, Strasburg, Mountain Falls, Middletown Campaign: Sheridan's Valley Campaign Principal Commanders: [c] Lt. Gen. Jubal A. Early; [u] Maj. Gen. Philip Sheridan, Maj. Gen. Horatio Wright. Forces Engaged: [c] Five infantry divisions (Gordon, Wharton, Ramseur, Pegram, Kershaw), two cavalry divisions, about 15,265; [u] Three infantry corps (Wright, Emory, Crook), two cavalry divisions (Merritt and Custer), numbering 31,944. Casualties: [c] 2,910 (320k/1,540w/1,050m); [u] 5,665 (644k/3,430w/1,591m) Significance: The battle of Cedar Creek dealt the crushing blow to the Confederacy in the Shenandoah Valley and, together with William T. Sherman's successes in the Atlanta Campaign, spurred the reelection of President Abraham Lincoln. The battle can be ranked in size and intensity with the battle of Opequon (Third Winchester) and both are included among the major battles of the Civil War. The Confederate surprise attack at Cedar Creek is considered one of the most daring and successful maneu- vers of its kind and is studied by military theorists today. It was a feat "unduplicated" during the Civil War. General Sheridan's arrival on the field of battle to rally his broken troops passed into American verse and folklore as 109 the morning's brilliant Confederate success was trans- formed into a Union victory by day's end. DESCRIPTION OF THE BATTLE Phase One. US Dispositions Behind Cedar Creek: The Union Army of the Shenandoah, about 32,000 men under Maj. Gen. Philip H. Sheridan, encamped on the heights above Cedar Creek from near Middle Marsh Brook to south of the Valley Turnpike. On the night of October 18- 19, General Sheridan was at Winchester, returning from a conference in Washington, D.C. In his absence, Maj. Gen. Horatio Wright, commander of the VI Corps, was left in command of the army, his headquarters at Belle Grove, south of Middletown. The army comprised three infantry corps (Wright's VI, Maj. Gen. William Emory's XIX, and Brig. Gen. George Crook's Army of West Virginia), and a cavalry corps commanded by Maj. Gen. Alfred Torbert. The VI Corps was on the far right of the Union infantry on the hills north of Meadow Brook. Torbert's cavalry (Brig. Gen. Wesley Merritt's Division), encamped near Nieswander's Fort. Brig. Gen. George A. Custer's division covered the Back Road and the Cedar Creek crossings in the vicinity of Hite's Chapel. The XIX Corps occupied the bluffs above Cedar Creek, extending from Meadow Brook to the Valley Pike bridge. Crook's corps and an attached "provisional" division under Brig. Gen. John Howard Kitching were bivouacked south and east of the Valley Pike. The vast trains of the army were parked on level ground west of Belle Grove near the pike. Two of the three corps erected entrenchments. The Union left flank was considered protected by the North Fork Shenandoah River and the rough ground in front of the Massanutten and was lightly picketed by cavalry. Other elements of US cavalry covered Buckton Ford and the roads from Front Royal. Phase Two. CS Approach and Preparations for Battle: On 17 October 1864, Maj. Gen. John Gordon and topographical engineer Jedediah Hotchkiss climbed to Signal Knob on the Massanutten to survey the Union position behind Cedar Creek. While there, they formu- lated a daring plan to turn the Union left flank, which Lt. Gen. Juba] A. Early approved. After dark on 18 October, the plan was set in motion. Gordon's, Ramseur's, and CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Pegram's divisions, (Second Corps, Army of Northern Virginia) under overall command of Gordon, marched from their entrenchments and crossed the North Fork east of Fisher's Hill. They followed a narrow path along the face of the Massanutten, often in single file, and along the Manassas Gap railroad to a spot opposite McInturff s and Colonel Bowman's fords. After surprising and capturing the pickets, the divisions recrossed the North Fork, passing north on a farm lane, past Col. Bowman's House "Long Meadow," to the vicinity of the Cooley House, where they faced to the left to form a line of battle beyond the left flank of Crook's corps. Gordon's column was in position by 0400 hours. In the meantime, Kershaw's and Wharton's divisions accompanied by the army's artillery, advanced down the pike, by Spangler's Mill and through Strasburg. Kershaw's column, accompanied by Gen. Early, diverged to the right on the road to Bowman's Mill Ford, where it prepared for the dawn attack. Wharton continued on the pike past the George Hupp House to Hupp's Hill, where he deployed. The CS artillery massed on the Valley Pike south of Strasburg to await developments at the front. In conjunc- tion with these maneuvers, Brig. Gen. Thomas Rosser's cavalry division advanced on the Back Road to Cupp's Ford. Brig. Gen. Lunsford Lomax's cavalry division was ordered to advance on the Front Royal -Winchester Road and then cross over to the Valley Pike in the vicinity of Newtown (Stephens City). Lomax did not advance as directed. Phase Three. Surprise Attack on US Left Flank Before dawn a heavy fog descended on the area. At precisely 0500, Kershaw's division fired a thunderous volley and rushed the entrenchments of Thoburn's division (Crook), overrunning them. Gordon's force began to advance and a few minutes later smashed into Brig. Gen. Rutherford B. Hayes' division (Crook) and Kitching's provisional division. Hayes' veterans attempted a stand which soon evaporated as Confederates closed in on both flanks of the disorganized units. Union soldiers, surprised in their camps, streamed rearward. At the sound of firing, Wharton's division advanced to the creek and deployed, awaiting further developments. The CS artillery raced to the front and opened fire on the XIX Corps from the heights overlooking Cedar Creek. A detachment of CS cavalry with Gordon attempted to reach Belle Grove, where they expected to capture Sheridan. 110 By 0530, mobs of stragglers from Crook's and Kitching's commands streamed west across the Valley Pike, confirming the scope of the disaster. Emory with- drew the units that covered the turnpike bridge and attempted to form a defensive line parallel with the pike. As he did so, Wharton's division crossed Cedar Creek at Stickley's Mill and rushed the heights, capturing 7 guns. Only desperate action enabled the rest of the US artillery to escape. Colonel Thomas Wade's brigade (Crook's corps) went into line just east of the pike to contest the CS attack. General Wright directed their advance personally and was painfully wounded in the chin. A second US brigade under Col. Stephen Thomas (XIX Corps) ad- vanced to high ground about 200 yards east of the pike and fired volley after volley into the fog, suffering heavy casualties. The stand of these brigades bought time for the Union trains parked near Belle Grove to escape to the north. The advanced US units were steadily driven back to Belle Grove. Crook's corps and Kitching's command were shattered and out of the fighting for the rest of the day. Phase Four. VI Corps and XIX Corps Resistance: The VI Corps deployed to meet the approaching assault. While elements of the XIX Corps reorganized on Red Hill, Ricketts's Division (VI Corps) formed a line of battle anchored on Cedar Creek and fought an isolated battle against Kershaw's division which furiously attacked their line. Wheaton's Division (VI Corps) advanced to high ground in the fields north of Belle Grove Mansion, where they were assaulted by Gordon. The fog burned off and for the first time the opposing forces could see one another clearly. CS batteries were brought to bear against the US line. Kershaw assaulted repeatedly but was repulsed. Gradually, all US forces in the area withdrew and retreated northeast along Middle Marsh Brook. Phase Five. Getty's Defense of Cemetery Hill: While fighting raged to his right, Maj. Gen. George Getty maneuvered his division (VI Corps) toward Middletown, seeking to extend the Union line to cover the Valley Pike. When US forces on the right began to withdraw, however, Getty established a defensive salient on Cemetery Hill, supported by artillery. General Early concentrated against Getty's position, launching disjointed attacks with elements of four different divisions which were succes- sively repulsed with heavy casualties in the area near the CML WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Sperry House and the Ridings House. The CS artillery massed along the Valley Pike and concentrated a deadly fire on Cemetery Hill. After about an hour, Getty with- drew to join the rest of the army which was rallying, first along the Old Forge Road and then in a salient across the Valley Pike. Getty's stand broke the momentum of the CS assaults and enabled other US units to withdraw north of the cemetery to regroup. In the meantime, Custer's division, after throwing back Rosser's feeble attempt to gain the US rear, joined Merritt on the far left of the Union line, east of the pike and north of Middletown. This concentration of cavalry threatened Early's right flank and forced him to redeploy heavy force in this area. Phase Sur. Sheridan Arrives/ US Army Regroups: About 1030, Sheridan arrived on the field after riding from Winchester. He established his command post near the Valley Pike (vicinity of the Dinges Farm) and began to reorganize his forces. The VI Corps was deployed on the left, adjacent to the Valley Pike, with the XIX Corps on the right. Crook's disorganized command was placed in reserve along the pike. In a dramatic moment, Sheridan rode along the front of the reestablished battle line. The men responded with a tremendous cheer. As skirmishing continued, Sheridan placed a cavalry division on each of his flanks, Merritt on the left and Custer on the right. About 1500, he prepared to launch a counterattack. Phase Seven. CS Line Advances to Miller's Mill Road: After the US withdrawal from Cemetery Hill, Early advanced to occupy the hill and called a halt to regroup. He placed his divisions in a line about two and a half miles long, just north of Middletown, and pushed Ramseur and Kershaw forward to Miller's Mill Road. The CS divisions from left to right were: Gordon, Kershaw, Ramseur, Pegram, Wharton. As the afternoon wore on, skirmishing continued and several probes were made of the newly reestablished US line, but no serious fighting developed. Early appeared convinced that he had won the battle and that US forces would retreat after dark. Phase Eight. Cavalry Maneuvers/Collapse of CS Left: About 1500 hours, Merritt advanced on the Union left, putting pressure on the CS right flank north of Middletown. Heavy US skirmish lines forced CS skir- mishers back on their main line along the Miller's Mill 111 Road and west. Custer maneuvered into position on the US right flank, confronting Gordon's men near Middle Marsh Brook About 1530 Custer's division of cavalry and elements of the XIX Corps advanced against the CS left flank (Gordon and Kershaw), which was hanging in the air. Custer continued extending west beyond Middle Marsh Brook, thinning the CS line. He then launched a powerful attack that overran and scattered Gordon's division. The Confederate line now began to unravel from west to east, putting additional pressure on Ramseur's command at the center. Phase Nine. Union Counterattack: At 1600 Sheridan ordered a general advance which led to fierce fighting along the front. Ramseur's division at the Confederate center near Miller's Mill bore the brunt of the attacks and repulsed several, in spite of the withdrawal of Kershaw and Gordon on his left. Fighting raged around the D. J. Miller House and mill until Ramseur fell mortally wounded. Then CS resistance in this area began to collapse. CS forces along the pike retreated hastily, although in fairly good order, up the Valley Pike toward the Union camps they had captured in the morning. Delaying actions fought by artillery and infantry units kept pursuing Union forces at bay. Merritt pressed forward with his division, pursuing closely as Confederates retreated across Cedar Creek Phase Ten. CS Retreat to Fisher's Hill: Custer's division advanced south along Middle Marsh Brook, gaining the rear of the Confederate army. As the CS rout continued, Custer crossed Cedar Creek at Hottel's Mill Ford and joined Merritt's division on Hupp's Hill at dusk about 1830. The cavalry advanced, pursuing the Confederates back along the Valley Pike. The bridge near Spangler's Mill collapsed causing Early to lose most of his artillery and many wagons. The cavalry pursuit continued after dark, ending at Fisher's Hill. The US cavalry captured 43 cannons, more than 200 wagons, and many prisoners. The Confederates lost at least ten battle flags, which symbolized the progressive disintegration of the army. CURRENT CONDITION OF THE BATTLEFIELD In spite of the damage wrought by interstate highway construction, encroaching development in the vicinity of Middletown, and a large-scale quarry along Middle Marsh Brook, the integrity of Cedar Creek battlefield is high. The CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA battlefield core is very large, extending from Hupp's Hill to rte. 633 north of Middletown, and from the North Fork Shenandoah to Middle Marsh Brook. The study area encompasses the initial Confederate position at Fisher's Hill. Beginning with surviving entrenchments on Fisher's Hill, the line of Gordon's flank march can be traced along the base of Massanutten through a pristine natural landscape. The fords where Confederate infantry crossed the North Fork can be located and waded. The Col. Bowman and Cooley houses, which figured prominently in the Confederate deployment, are there and in good condition. Union entrenchments remain on Hupp's Hill and along Cedar Creek Belle Grove (Sheridan's head- quarters) is preserved by the National Trust. Two hundred -fifty-eight acres of the surrounding fields are held by the National Trust and the Cedar Creek Battlefield Foundation (CCBF). An additional 100 acres adjacent to Cedar Creek in the vicinity of Bowman's Fort has recently been donated to the National Trust/CCBF. Cedar Creek Battlefield is registered as a National Historic Landmark. The acreage included within the landmark boundaries fairly accurately reflects the size of the battlefield's core area. The CCBF is currently raising funds to renovate the historic Heater House. The view from Getty's position on Cemetery Hill remains scenic in spite of new townhouse construction at the base of the hill. The Historic District of Middletown is a contributing resource. The D. J. Miller House and the McDaniel House, where Ramseur was mortally wounded, stand. Undisturbed fields to the north and east witnessed the counterattack directed by Sheridan late in the day, although new construction has begun that may impact upon this area. These and related parcels allow in-depth interpretation of the battle. PERCEPTION OF THREATS TO THE BATTLEFIELD In recent years, the pace of subdivision and new construction in the area has stepped up. An industrial/ business park was built along US 11 south of Middletown (ironically, on the very ground labelled "Cedar Creek Battlefield" on the USGS quadrant). This industrial park currently consists of three large, but low -profile buildings, south of the Victorian house called Montvue. On this crest Confederate artillery massed against Cemetery Hill and General Early established his command post, during the battle. These buildings are visible from many parts of 112 the battlefield. Construction northeast of Belle Grove along rte. 624 would tend to degrade the viewshed of the land preserved by the National Trust and CCBF. A modern house is currently under construction in this area. The area between Cemetery Hill and Old Town Middletown has filled in with townhouses and apartments in the past few years. Residential development has also occurred and continues adjacent to the I-81 interchange (#77). New construction of several large homes on 3-5 acre lots began in early 1991 and is ongoing south of rte. 634 and west of the Miller -McDaniel Farm (ground has being recontoured). This area saw severe fighting in later phases of the battle. Of all residential construction, this new development is potentially the most damaging to battlefield integrity, because it establishes a foothold in the rural landscape west of town. Other construction has been more or less associated with the existing town. Lord Fairfax College and the new elementary school were built north of town, along US 11, on ground separating the two final battle lines of the armies and fought over by Wesley Merritt's cavalrymen and Gabriel Wharton's, John Pegram's, and William Wofford's infantrymen. The quarries along Cedar Creek and Middle Marsh Brook are large-scale operations that are gradually working northeast along the valley. It appears that the quarry company owns land all the way to rte. 627 and possibly beyond. If continued north another half mile, this quarrying will eradicate the ruins of 18th -century Nieswander's Fort, site of Merritt's bivouac and George A. Custer's decisive flanking attack against John B. Gordon. The quarry works are visually intrusive from various parts of the battlefield. The battlefield south of the junction of interstate highways I-66 and 1-81 does not seem immediately in jeopardy because there is no interchange and access to the area is restricted to four county roads. This block of land retains very high rural/historic integrity and contains the Colonel Bowman and Cooley houses. ..+'. �. .. •..••-:..,.. � , t,� .' 1 :r tom_ �_ •' i ,� �.. t ' .:::� ; 3Y;. .� .:i:� is •�?.''� �'� 4. f �.�• , ,:, .. 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