Fort Attaway Preservation Society

f_marlin@bellsouth.net

www.fortattaway.com

 1202 Desoto Ave

Rome, GA 30165 

(706) 234-0537

January 8, 2007
 
Senator Jeff Mullis
212 English Avenue
Chickamauga, GA 30707 

Representative Barbara Massey-Reece
693 Massey Road
Menlo, GA 30731

Re:      Impending destruction of the economic value of Fort Attaway in Floyd County, Rome, Georgia by Georgia Department of Transportation (GDOT) Project STP-017-3(45)

Dear Senator Mullis and Representative Reece: 

This letter is our follow up to several references made to you about Fort Attaway by Raymond Evans of Chattanooga, Tennessee and Wright Gammon of Cedartown, Georgia. We know that all of our time is valuable, so below we have tried to explain the threat to Fort Attaway and the solution to this threat as efficiently as we possibly can. 

  The above mentioned GDOT Project will severely damage the majestic look of the military face and the historic view shed of Fort Attaway for Civil War tourists as they first enter Rome from the north on the Hwy 27/Summerville Road corridor. The GDOT Project, potentially, will destroy many unknowns in this historic area, and it will severely damage Fort Attaway’s valuable potential to add to Rome’s tourism. The first impression for tourists, entering Rome from the north following the Chickamauga Campaign Heritage Trail, will be Fort Attaway. First impressions as you know are very important; help us to make the first impression to Rome’s Civil War tourists a great one; for the tourism economy of Rome, and for its ability to add to the tourism economy of Georgia.

The GDOT Project plans are to build a new, visually and physically intrusive, railroad bridge over Hwy 27 thirty feet south of the old bridge, and then by re-aligning 2,000 feet of track will needlessly destroy Fort Attaway’s military face, and the many unknowns this historic property has yet to unveil. The new bridge provides a wider span for the additional lanes according to the GDOT. There is no reason this new bridge cannot be built in place today. Our goal is an aesthetically pleasing, majestic first impression for Rome’s potential Civil War tourists; meaning, the new bridge should look like it has not been replaced since the Civil War. We think this would be an addition to Rome’s tourism, a much wiser choice for the money, rather than the deletion to Rome’s image as the GDOT has planned. 

  We would like to provide to you a small portion of the evidence we have gathered over the four and a half years we have been involved. Roll-in Construction, in 1983, was a viable option for the above mentioned GDOT Project (Old Project #F-017-3(36) or (45)). Roll-in Construction would eliminate the need to realign the 2,000 feet of railroad track and its huge cost. Additionally, the visual damage this new bridge will inflict on the value, and the economic potential of Fort Attaway, as well as Rome’s Civil War tourism, and their ability to tie to the Chickamauga Campaign Heritage Trail and ultimately the Civil War tourism economy of Georgia. (Please refer to our Timeline of GDOT Project Documents: Roll-in construction is discussed in the 3rd, 4th and 5th documents)

 The GDOT presupposed 100 feet of Right-of-Way (R/W) for the railroad at the base of Fort Attaway throughout the whole design of their project. They claimed to have done deed research in their Section 106 Environmental Review however they incorrectly used the presupposed 100 feet of railroad R/W throughout the entire Project’s Environmental Review process. Our February 18, 2003 “Rebuttal to AOE Addendum #2” was the first time we notified the GDOT of their error. Our meeting with the GDOT, DNR-HPD, and FHWA at the GDOT Environment/Location Office on September 15, 2003 was our second notification to the GDOT of their error. Our meeting with GDOT R/W, Pam Digsby, at our house on September 16, 2003 was our third notice to the GDOT of their error.

 We have had our deeds professionally researched. This research clearly shows, from 1890 until now, there is 50 feet of R/W for the railroad west of the Summerville Road and 25 feet of R/W for the railroad east of the Summerville Road. On August 21, 2006 the GDOT admitted in court (in reply to our June 30, 2006 Injunction) to the railroad R/W being only 50 feet. The location of the Summerville Road in 1890 is yet to be determined, and this will result, in our opinion, the railroad R/W actually being 25 feet in the Project’s area.

 The 50ft R/W brings Fort Attaway’s boundary into the Project’s “Area of Potential Effects” having “Adverse Physical Effects” and since Federal funds are involved, this brings in the Federal law of Section 4(f). Federal law states the Federal Highways Administration must not approve any use of historic lands for transportation projects. We have included the sources to where the Historic Preservation Laws and Regulations can be found; this sheet of information can be found in front of our Timeline of GDOT Project Documents.

 We believe the saving of Fort Attaway will be the catalyst for propelling the City of Rome’s involvement, as Rome’s history has so much to offer to Georgia’s Civil War tourism industry and economy. Labeled by Union General Jefferson C. Davis as “the strongest fortified place I have seen in Dixie,” Rome’s fortifications, rivers and foundries make it a very interesting part of Georgia’s Civil War history. Its fortifications, at different times of the War, were built and occupied by both Confederate and Union troops, and part of these Union troops were the 44th US Colored Infantry making Black History another facet to Rome’s tourism potential. To fully appreciate Fort Attaway’s Earthwork Fortifications walking its grounds here at winter time will give you the sole reason why my wife and I have fought so hard for so long to save it.

 Again, we realize all too well how everyone’s time here is valuable, and so to conclude, the GDOT Project will severely damage the majestic look of Fort Attaway’s military face and add a visually intrusive bridge to the historic view shed. As shown in 1983, Roll-in construction is a very viable option for the replacement of the old bridge; this would leave Fort Attaway intact. Our goal is to present an excellent first impression to Civil War tourists, as they come into Rome from the north on the Chickamauga Campaign Heritage Trail, with Fort Attaway’s majestic military face intact and a bridge that looks authentic to the Civil War time period. Fort Attaway and Rome have great potential to add to the value of Georgia’s tourism economy. 

Senator Mullis and Representative Reece, we appreciate your time and efforts, if we can be further assistance to you please E-mail at f_marlin@bellsouth.net or call our home at
706-234-0537 or our cell at 706-506-0237 anytime day or night.
 

Serving only my history, my heritage and my heart,
Fort Attaway Preservation Society, Inc.

 

David M. Fowler, Jr. 

Encl. 

Cc.    Bennett, John – City Manager of Rome, Georgia
         Callan, Robert M, Division Administrator, Federal Highway Administration
         Childers, Buddy – Georgia State Representative
         Culpepper, John – City Manager of Chickamauga, GA; Chair GA Civil War Commission
         Dempsey, Katie – Georgia State Representative
         Doss, David – GDOT Board Chairman
         Evans, E. Raymond – River City Research Group
         Gingrey, Phil – Congressman, 11th District of Georgia
         Hodge, Al – President/CEO, Greater Rome Chamber of Commerce
         Klima, Don – Director, Advisory Council of Historic Preservation
         Matthews-Snyder, Janet – Keeper of the National Register of Historic Preservation
         Mayes, John – Chairman, Floyd County Commission
         Noth, Pierre-Rene, Editorial Page Editor, Rome News Tribune
         Perdue, Sonny – Governor of Georgia
         Smith, Paul – Georgia State Representative (ret.)
         Smith, Preston – Georgia State Senator
         Thomason, James – Chief Counsel FHWA

Download the Microsoft Word version of the Cover Letter to Senator Mullis


Historic Preservation Laws and Regulations

Federal Law of the Department of Transportation Act of 1966, Section 4(f) (http://environment.fhwa.dot.gov/projdev/4fregs.asp) dictates how the Federal Highways Administration is to oversee the handling of historic properties:

(a)    (i) The Administration may not approve the use of land from a significant publicly owned public park, recreation area, or wildlife and waterfowl refuge, or any significant historic site unless a determination is made that:

(i)                  There is no feasible and prudent alternative to the use of land from the property; and

(ii)                The action includes all possible planning to minimize harm to the property resulting from such use.

To avoid violating Section 4(f) the GDOT is required to do an Environmental Review in accordance with the Advisory Council of Historic Preservation’s Section 106 Regulations (http://www.achp.gov/regs.html) of the National Historic Preservation Act. One of the very first regulations in the Section 106 process is:  

“The agency official shall ensure that the section 106 process is initiated early in the undertaking’s planning, so that a broad range of alternatives may be considered during the planning process for the undertaking.”

In our opinion, this among many, many other regulations has been ignored, such as notifying the property owners of the historical land. Neither the Fowler’s nor the Kim’s were notified that Fort Attaway was part of their properties and was involved in the GDOT Project.

In our opinion, even though the GDOT made it look like they went through the motions of the Section 106 Environmental Review, their project has not changed. Their right-of-way requirements have not changed and they are still planning to move the railroad tracks onto the economically valuable, majestic looking military face of Fort Attaway. Instead of considering the impacts to Fort Attaway early in planning, evidence shows that the GDOT had their project fully designed, were buying their required right-of-way, and, in our opinion, in 2001 started to basically customize the boundary of Fort Attaway to fit their project, and used their knowledge of the Section 106 Environmental Review Process to do it. GDOT E-mails written in 2001 prove that their project was planned before they ever considered Fort Attaway and preserving it for the future in Georgia’s economy.


Timeline of GDOT Project Documents
Date Title/Brief Description
February 6, 1890 Deed Researched by Walter Jenkins, Rome, GA
MRS. J.R. HARVEY EXTRIX OR R.D. HARVEY Dead TO
R.T. DORSEY, RECR OF R & D R.R. CO PT 204, 23rd & 3

Point(s) of Interest:

- "FOLLOWING IS A DISCRIPTION OF THE RIGHT-OF-WAY, RECORDED AT DEED BOOK 00/277, DATED 2/6/1890: There was no additional property conveyed to Decatur and Rome Railroad or Southern Railroad other than the Original Right-of-way at Deed Book 00 page 277, copy description is as follows:"

- "being a strip of land fifty (50) feet wide to wit: Twenty Five (25) feet on each side of the center of the track of Rome and Decatur Railroad...west of the Summerville road."

- The Fowler's land is along the Southern Railroad tracks on the west side of the Summerville Road
 

June 23, 1891 Deed Researched by Walter Jenkins, Rome, GA
JERLIN T. SMITH TO R.T. DORSEY RECR OF THE ROME & DECATUR RAIL ROAD RIGHT OF WAY THROUGH LL 204, 23/3

Point(s) of Interest:

- "on the east side of Summerville road…through rocks, cuts and at such formation the right of ways shall extend over on twenty five feet, 12 and 1/2 in each side from the center of the tracks and wherever the present embankment of the road bed embankment...ownership of the rock...first part shall have the right at any and all time..."
 

November 1, 1983 GDOT Interdepartment Correspondence
To: Dewey Jones
From: Floyd E. Hardy
Subject: SOUTHERN RAILROAD BRIDGE

Point(s) of Interest:

- Bridge Roll-in construction is an option
- Bridge Roll-in construction is the cheapest
 

June 7, 1985 Letter
To: John Bennett,City Manager, City of Rome

Cc: Tony Dowd, Charles Lewis, Floyd Hardy
From: H.B. Cundiff, Chief Engineer Bridges, Southern Railway System
Subject: Rome, Georgia - Proposed reconstruction of U.S. 27 Underpass, Milepost 2.3-K, Project F-017-3(36) Floyd County. FR-017-3(45) Floyd

Point(s) of Interest:

- "The plan sheets pertaining to the alignment change of the Railroad and the required additional Railroad right-of-way appear unchanged from those received in this office some two (2) years ago."

- "The proximity of the automobile dealership's building and the additional right-of-way requirements were clearly indicated and we are, quite frankly, at a loss to understand why the City is just now realizing that a problem exists."

- "Further, it was emphasized in mine of July 27, 1984 that Southern's willingness to participate in the project cost is contingent upon the granting of any additional Railroad right-of-way required
at not cost to Southern."

- "In view of the Railroad's obligation, under Georgia Law, to maintain the new structure, I feel that our offer to contribute $75,000 is fair... in reconstructing the underpass."

- "However, we are willing to entertain the idea of a roll-in operation. This procedure will
require careful planning and coordination between the Railroad, the City and the Department of Transportation. To this end, a meeting has been scheduled for Thursday, June 20, 1985 at 1:30 pm..."

 

October 18, 1985 GDOT Interdeparment Correspondence
To: Floyd E. Hardy
From: Alton L. Dowd, Jr.
Subject: ROME, TWO PROJECTS

Point(s) of Interest:

- "We either need to build a wall or work it out with the railroad to rebuild the bridge without a railroad detour."

- The District sent John Bennett the right-of-way deeds for the project and they still show taking of the Volkswagen dealership.

- "I told John to just hold up on that until we get it straight with the railroad."
 

April 30, 2001 E-mail
To: Darby Beach

From: Mark Grindstaff
Subject: STP-017-3 (45); Floyd County--PI#620590

Point(s) of Interest:

- "I need to write up a survey report for the railroad and railroad bridge…I imagine SHPO will call them both eligible…" (for the National Register of Historic Places)

- "Because of the nature of the project, there will be an adverse effect to both resources since the bridge will be reconstructed and a portion of the railroad will be relocated."

- "Since this puts us in a 4f situation, design will need to provide us with an alternative(s) to minimize the effects to the resources or show why the current proposed alignment will result in the least effect."
 

June 13, 2001 E-mail
To: Mark Grindstaff, GDOT

Cc: Eric Duff, GDOT
From: Dan Latham, Coosa Valley RDC
Subject: GDOT Project STP-017-3(45), Floyd County, P.I. #620590

Point(s) of Interest:

-"The Coosa Valley RDC has received, reviewed, and concurs with the Section 106 Process Notification for the subject project."

- "There are reputed remains of Civil War earthworks on the hill immediately south of the railroad and west of US 27. Historically known as DeSoto Hill, it was the site of Fort Attaway. The works there played a significant role during the assault and capture of Rome on May 17-18, 1864. If there are remains of earthworks in this area, they would be some of the most historically significant in Rome."
 

June 19, 2001 E-mail A
To: Brent Story

Cc: Erica Jeter, Mark Grindstaff 
From: Darby Beach
Subject: STP-017-3(45) Floyd

Point(s) of Interest:

- "Would you please send me two more copies of the plans for STP-017-3(45) Floyd."

- "I have just learned that there is a Civil War resource near the project that my archaeologist needs to look at the plans and this resource."

- "I will probably have to do a Section 4(f) evaluation."

- "Any background information you have on why we are shifting the tracks south would be immensely helpful."
 

June 19, 2001 E-mail B
To: Jonathon Chan, Darby Beach

Cc: David Norwood
From: Brent Story
Subject: FW: STP-017-3(45) Floyd

Point(s) of Interest:

- "…and to stage the construction of the new railroad bridge with no disturbance in normal rail traffic. This is the typical method of replacing a railroad bridge under traffic. We build the new bridge and new rail while normal rail traffic remains on the existing tracks and bridge"
 

May 14, 2002 E-mail A
To: Richard Cloues, DNR-HPD

Cc: Elizabeth Shirk, Serena Bellew, DNR-HPD
From: Mark Grindstaff, GDOT

Point(s) of Interest:

- GDOT blames loss of time on David Fowler, Mark Grindstaff lies: he claims he was the one that said the Railroad was built at the foot of Fort Attaway after the Civil War,

- but in fact it was David Fowler that informed the GDOT of this by providing them the deed work and newspaper clippings

 

May 16, 2002 E-mail B
To: Mark Grindstaff

From: Richard Cloues
Subject: Re: Fort Attaway

Point(s) of Interest:

- "This certainly changes the historical relationship between the fort and the railroad."
 

May 29, 2002 E-mail C
To: Richard Cloues

From: Mark Grindstaff

Point(s) of Interest:
 

June 18, 2002 E-mail D
To: Mark Grindstaff, GDOT

From: Richard Cloues, DNR-HPD
Subject: RE: Fort Attaway

Point(s) of Interest:

- "It is the consensus of the staff that the fort should be considered eligible both an archaeological and a historic structure associated with the defense of Rome during the Civil War. This would make it significant under Criterion A and D and possibly C."

- "With regard to its integrity as a historic structure, although it is overgrown and eroded, it is still intact enough to be identifiable as a historic fortification, and it appears to be as intact as other small Civil War fortifications that have been considered eligible or listed on the National Register..."

- "Regarding boundaries...we're taking our cue from the National Register bulletin on battlefields which directs that boundaries for military sites should encompass an "appropriate" physical setting that reflects the local geography and shows how the geography influenced the siting of the fortification (on the edge of a hill, overlooking a valley) and the events associated with it ("take the hill")."

- "With this in mind, and based on the information at hand, we believe it would be appropriate to extend the boundaries at least to the railroad on the north and the highway and/or quarry to the east"
 

July 8, 2002 E-mail
To: Jerry Hobbs, Gail D'Avino, Christa Wilkinson, GDOT

Cc: Rowe Bowen, GDOT
From: Mark Grindstaff, GDOT
Subject: STP-017-3 (45)/Floyd County/PI#620590 (Fort Attaway Project)

Point(s) of Interest:

- "The environmental studies were cleared a while back, and SHPO originally concurred with our determination that the project would have no adverse effect to the historic Fort."

- "Since Mr. Fowler's involvement in the project, however, SHPO has asked us to reassess the location of our proposed historic boundary around the fort."

- "Our proposed boundary was drawn around the intact features on the upper portion of the fort's northern slope."

- "Mr. Fowler has argued that the boundary should be drawn all the way down to the base of the northern slope to the railroad track that will be relocated."

- "I was informed that SHPO now agrees with the boundary proposed by Mr. Fowler..."

- "SHPO also explained that they would not agree with a No Adverse Effect determination..."

- "They are also not totally convinced that DOT's preferred alignment for the railroad is necessary and do not believe we have done enough towards exploring possible
alternatives..."
 

July 8, 2002 E-mail
To: Mark Grindstaff

Cc: Denise Messick, Elizabeth Shirk, Kenneth Gibbs, Serena Bellew, Steven Moffson, Sylvia Cleveland
From: Richard Cloues
Subject: Re: Fort Attaway

Point(s) of Interest:

- "To recap: ...we believe that additional land comprising the immediate historic setting of the fort also should be included because of the integral relationship between the fort structure and its location on the side of the hill overlooking the valley."

- "Regarding the north and east boundaries, we believe that the north boundary should extend to the railroad and the east boundaries should extend to at least the top of the quarry."

- "We continue to encourage DOT to investigate alternatives that would minimize or avoid encroachment on the historic fort"
 

August 13, 2002 Letter
To: Mr. Robert M. Callan

From: Don L. Klima
REF: Project STP-017-3(45) and Fort Attaway, Rome, Georgia

Point(s) of Interest:

- "…relocation of portions of the Norfolk-Southern railway line closer to the Fort will adversely affect this historic property. Mr. Fowler is concerned that the current boundaries of the Fort do not encompass the entire site of Fort Attaway."

- "...the current boundaries and how such boundaries have been a factor in any determination of effect reached in accordance with the Council's regulations in consultation with the Georgia State Historic Preservation Officer." (SHPO)
 

August 28, 2002 E-mail A
To: Mark Grindstaff

Cc: Barry Brown, Elizabeth Shirk, Serena Bellew, Rowe Bowen
From: Richard Cloues
Subject: Ft. Attaway question

Point(s) of Interest:

- "It looks to me like the area in "front" of the main fort will not be a major problem, but the steep slope in front of the western most rifle pits is going to be cut into pretty dramatically."

- "...but it looks to me like after the wall was constructed it might be possible to "restore" as much as a third (and maybe more) of the disturbed ground to its original profile behind the retaining wall, thereby "restoring" some of the setting of the rifle pits, providing additional buffer between the rifle pits and the railroad, and possibly obscuring at least some of the view of the railroad from the rifle pits."

- "If this is possible, we might be able in good conscience to work out something with the boundary and 4(f). But those deep cuts as currently proposed, I'm worried right now about the impacts to the rifle pits."
 

August 28, 2002 E-mail B
To: Brent Story, Mike Davidson

Cc: Jerry Hobbs, Mark Grindstaff
From: Rowe Bowen
Subject: FW: Ft. Attaway question

Point(s) of Interest:

- "Please see Richard Cloues' email below…It looks like this may get (buy) us out of our "boundary" issue and Section 4(f)."
 

August 28, 2002 E-mail C
To: Rowe Bowen

Cc: Jerry Hobbs, Mark Grindstaff, Brent Story
From: Mike Davidson
Subject: RE: Ft. Attaway question

Point(s) of Interest:

- "Rowe, We will prepare some cross sections showing the retaining wall and necessary construction limits and forward them to you for your use in making a determination if this may be an acceptable solution. We will also develop a cost estimate for the wall."
 

September 18, 2002 E-mail D
To: Mike Davidson

From: Mark Grindstaff
Subject: RE: Ft. Attaway question

Point(s) of Interest:
 

September 18, 2002 E-mail E
To: Mark Grindstaff

From: Mike Davidson
Subject: RE: Ft. Attaway question

Point(s) of Interest:

- "The wall is very expensive and doesn't provide a lot of help in the way of reducing our construction limits."
 

October 3, 2002 E-mail A
To: Eric Duff; Jerry Hobbs, Gail D'Avino, Mark Grindstaff, Harvey Keepler, Jonathon Cox, Mike Davidson, David Norwood
From: Christa Wilkinson
Subject: Mini-Team Meeting for STP-017-3(45) Floyd - Fort Attaway

Point(s) of Interest:
 

October 3, 2002 E-mail B
To: Christa Wilkinson, Eric Duff, Jerry Hobbs, Gail D'Avino, Mark Grindstaff, Harvey Keepler, Mike Davidson, David Norwood
From: Jonathon Cox
Subject: RE: Mini-Team Meeting for STP-017-3(45) Floyd - Fort Attaway

Point(s) of Interest:

- "Mark Grindstaff has discussed the Fort Attaway boundary with Richard Cloues (SHPO). Richard has made it apparent that he will concur with our original boundary (thus, avoiding 4(f)) - if we build this retaining wall."

- "Preliminary estimates say that this wall is approx. half-million dollars (building it would roughly raise project cost by 10%). Thus, we need to sit down and see if this is something that the Department would like to do or not do."
 

October 3, 2002 E-mail C
To: Jonathon Cox, Christa Wilkinson, Eric Duff, Jerry Hobbs, Gail D'Avino, Mark Grindstaff, Harvey Keepler, David Norwood
Cc: Brent Story, Bradley R. Ehrman
From: Mike Davidson
Subject: RE: Mini-Team Meeting for STP-017-3(45) Floyd - Fort Attaway

Point(s) of Interest:
 

October 8, 2002 Meeting Minutes
In attendance: Brad Ehrman, David Norwood, Brent Story, Jennifer Giersch, Jonathon Cox, Gail D'Avino, Eric Duff, Mark Grindstaff, Jerry Hobbs, Harvey Keepler and Christa Wilkinson
Subject: Wall and 4(f)

Point(s) of Interest:

- "In attendance...Jennifer Giersch from FHWA"

- "The purpose of the meeting was to determine how to proceed with the project due to new restrictions placed by SHPO concerning Ft. Attaway's boundary."

- "SHPO has agreed to the original boundary (smaller boundary that includes only the earthwork structures) as long as we are willing to build a retaining wall between the fort and the railroad."

- "
Without the wall
- Construction limits would come really close to the fort's rifle pits; however the rifle pits would not be disturbed.
- We would have a 4(F) impact because the fort's boundaries would be extended to the railroad."

-
"With the wall
- There would be a visual effect to the fort."

- "Options:
- Build the wall with a no 4(F) and the smaller boundary
- Don't build the wall and have 4(F)"
 

October 11, 2002 E-mail A
To: Tom Turner

Cc: Jerry Hobbs, Gail D'Avino, Christa Wilkinson, Jonathon Cox
From: Harvey Keepler
Subject: STP-017-3(45), Floyd County; Ft. Attaway

Point(s) of Interest:

- "I believe that the majority of R/W has been purchased with the exception of one parcel which the R/W Office has begun condemnation proceedings on."

- "This particular property owner is really fighting acquisition and claims, with help from the Civil War Commission, that the historic boundary previously set for his property and approved by HPD, should be enlarged."

- "We disagree with the enlarged boundary and have been arguing this point with the property owner as well as the Historic Preservation Division."

- "We request your guidance in this decision. Please review and let me know in which direction you would prefer us to go."
 

October 31, 2002 E-mail B
To: Harvey Keepler

Cc: Jerry Hobbs, Gail D'Avino, Christa Wilkinson, Jonathon Cox
From: Tom Turner
Subject: RE: STP-017-3(45), Floyd County; Ft. Attaway

Point(s) of Interest:

- "Commissioner Barrett said that he did not think that we should spend the $500,000 on a wall..."
 

October 31, 2002 E-mail C
To: Harvey Keepler, Eric Duff, Rowe Bowen, Mark Grindstaff

Cc: Jerry Hobbs, Gail D'Avino, Christa Wilkinson
From: Jonathon Cox
Subject: RE: STP-017-3(45), Floyd County: Ft. Attaway

Point(s) of Interest:

- "Mr. Harvey, Based on the email from Mr. Turner, do we want Grindstaff to begin work on his thanks for the boundary but we aren't doing the wall letter to SHPO?"
 

October 31, 2002 E-mail D
To: Jonathon Cox, Harvey Keepler, Eric Duff, Mark Grindstaff

Cc: Jerry Hobbs, Gail D'Avino, Christa Wilkinson
From: Rowe Bowen
Subject: RE: STP-017-3(45), Floyd County; Ft. Attaway

Point(s) of Interest:

- "I would like to wait and see what Lonice Barrett comes back with first. It won't take Mark long to do his thing once we have a final decision."
 

December 11, 2002 Fort Attaway site visit, Notes prepared by Richard Cloues
In attendance: Ray Luce, Richard Cloues, Harvey Keepler, Mark Grindstaff, two designers, a couple of surveyors, Jennifer Giersch
Subject: retaining wall, protection of rifle pits

Point(s) of Interest:

- "After examining the site, we reiterated our concerns, in priority order:
(1) Protection of the rifle pits from physical disturbance during construction
(2) Protection of rifle pits after construction from erosion, subsidence, etc.
(3) Retention of as much of the downslope setting of the rifle pits as possible
(4) Preservation of the existing views of the fort from the valley floor"

- "It would also likely require less disturbance of the ground between the cut and the rifle pit because there would be  no need to excavate a construction trench and provide access for equipment and materials to build the wall. GDOT also believes that a rock cut would be less visually obtrusive than a concrete retaining wall."

- "GDOT also agreed to the following: To survey and photograph the front edge fo the rifle pit to accurately locate this feature and to establish a baseline to determine
if any physical damage is caused during and after construction."

- "P.S. Both Ray and I were even more impressed with the extent and  condition of
Fort Attaway than we thought we would be from he documentation. Because the leaves were down, the fortification was much more visible, and may features were clearly apparent."
 

June 17, 2003 Letter
To: Dr. Tom McCulloch

From: Cailey Fowler
Subject: GDOT Project STP-017-3(45), Floyd County,
P.I. #620590 and HP#010514-001,
2003 Memorandum of Agreement - Missing stipulations in MOA and conflicting dates

Point(s) of Interest:

- The GDOT has to provide proof that the right-of-way is 100 ft. We have deed work that proves the right-of-way is only 50 ft.
 

July 18, 2003 Letter
To: Mr. Robert M. Callan

From: J. Tom Coleman, Jr.
Subject: GDOT Project STP-017-3(45), Floyd County; P.I. No. 620590; HPD# HP010514-001; Section 106 Compliance-FHWA, Erosion Control Environmental Commitments

Point(s) of Interest:

- "It must be noted that, while these measures are anticipated to have a long-term preservative application, voluntary landowner preservation of fort Attaway and the adjacent slopes outside the APE will ensure the preservation of the resource and may ultimately determine success of the Department's commitments."

- The GDOT are relying on  property owners to take care of the mess after they are done showing how inadequate their mitigation for preventing damage to Fort Attaway during and after the project is.
 

December 17, 2003 E-mail A
To: Pam Digsby

From: Daniel Roper
Subject: RE: STP-017-3(45) Floyd and "Fort Attaway"

Point(s) of Interest:

- "…with the Confederate "works" on DeSoto Hill and the engagement that took place there on May 17, 1964. I have offered to provide my sources to Mr. Grindstaff and to work with him to prepare an thorough and accurate synopsis of this matter, but he has dismissed my offer and asserts that the matter is all but concluded and that all involved have "accepted" his report"

- "Mr. Grindstaff admitted to me yesterday that he did not have an open mind in preparing his report ("I would agree with you," he wrote via email, "that my narrative is biased and my agendas are obvious...") Unfortunately, his bias is readily apparent and threatens to seriously undermine DOT's credibility. 

- If DOT offers to the public, and acts upon, a report prepared by a historian who admits that he is biased, set out with an agenda, and in the process produced a report that is highly misleading, we are going to appear incompetent at best, and, at worst, like we are acting in bad faith so that we can proceed with our project. Make no mistake, we will lose this battle and
we deserve to do so if we rely upon Grindstaff's report."
 
  "Moreover, there is a real threat that this will become a highly publicized controversy..."

- "If we were RIGHT, I would not care if the newspaper cast aspersions on us all day long. But we are WRONG and in the process we are going to apear to be big, bad, sloppy, incompetent, biased DOT willing to craft and rely upon inaccurate reports to justify moving forward with our project. Make no mistake, we will lose this battle and we deserve to do so if we rely upon Grindstaff's report."

- "I remain willing to cooperate with Grindstaff in this endeavor if he will do so fairly and with an open mind to the truth."

- "As DOTs attorney, I want my client to be thorough and fair minded in evaluating evidence and presenting information to the public. At this point, however, we appear to be biased and negligent. Let's get this straightened out before it turns into a real mess."
 
December 17, 2003 E-mail B
To: Terry McCollister

Cc: Mickie McJunkin, Don Brown
From: Pam Digsby
Subject: FW: STP-017-3(45) Floyd and "Fort Attaway"
Importance: High

Point(s) of Interest:

- Pam Digsby forwards Dan Roper's E-mail warning that if the DOT uses Mark Grindstaff's report  they will be "WRONG, biased and negligent" to Terry McCollister, Mickie McJunkin and Don Brown of the GDOT
 

December 18, 2003 E-mail C
To: Harvey Keepler, Ray Lerer, Terry McCollister, Tom Turner

Cc: Mickie McJunkin, Pam Digsby
From: Don Brown
Subject: FW: STP-017-3(45) Floyd and "Fort Attaway"
Importance: High

Point(s) of Interest:

- "Do we need to discuss?"
 

December 18, 2003 E-mail D
To: Mark Grindstaff

Cc: Rowe Bowen, Gail D'Avino
From: Harvey Keepler
Subject: RE: STP-017-3(45) Floyd and "Fort Attaway"

Point(s) of Interest:

- "Mark: What now?
 

December 19, 2003 E-mail
To: Harvey Keepler

Cc: Tom Turner, Terry McCollister, Ray Lerer, Mickie McJunkin, Pam Digsby, DeWayne Comer
From: Don Brown
Subject: FW: "Fort Attaway"

Point(s) of Interest:

- "Harvey: I would recommend that Mark please discontinue his direct communication with Dan concerning this issue, it has turned personal and ugly."

- "I recommend that we discuss these issues with Dan to determine what impact they have on the condemnations and also what action to take if Dan is asked to testify against DOT regarding any legal challenge to the Enviro Section 106."
 

December 29, 2003 E-mail
To: Richard Cloues

From: Mark Grindstaff
Subject: RE: Fort Attaway mitigation report (HP010514-001, PI 620590)

Point(s) of Interest:

- Mark Grindstaff's E-mail discussion of his mitigation report on Fort Attaway only further shows how it does not serve the Section 106 purpose of preserving the memory of Fort Attaway and the Battle of Rome.

- "A few of them have accused me of being biased and having an agenda…"

- "I really don't believe that the report pretends to have all the answers regarding Fort Attaway's significance, location etc.

- "I never really make any claims of authority regarding the fort's location, historic significance, or material integrity."
 

January 21, 2004 Letter
To: Robert Callan

From: Don Klima
REF: Project STP-017-3(45) and Fort Attaway, Rome, Georgia

Point(s) of Interest:

- "…with the drawing of the exact boundaries of Fort Attaway in relation to lands to be used for the rail and road improvements."

- "We agree with Mr. Fowler that accurate boundaries of the historic property are necessary to fully implement the provisions of the MOA."
 

February 26, 2004 E-mail
To: Mark Grindstaff

Cc: Elizabeth Shirk, Ray Luce
From: Richard Cloues
Subject: Fort Attaway

Point(s) of Interest:

- Mark! "Nobody is trying to "blind-side" you; if we were we wouldn't have asked for a meeting before sending out a formal response to your report"

- "And nobody is questioning your credentials as a historian or implying that your report wasn't worth the time or effort; indeed, several staff here including myself continue to believe that you have produced a most complex and thought-provoking report."

- "Ray raised three issues
              - The first had to do with what Ray percieved as the "tone" of your report--he thought the report was pretty aggressive in going after local historians and their interpretations, and he raised a red flag about this possibly fanning the flames rather than resolving issues--or that in fanning the flames, the issues would be overlooked.

              - The second was Ray's concern about the very real possibility that third parties might seize upon the questions you raise about the location of Fort Attaway and question the validity of DOT's initial studies leading to considering the site eligible in the first place, which could certainly
throw a monkey-wrench into the Section 106 process.

               - The third was Ray's idea that, in light of the strongly entrenched positions on the issues
surrounding Fort Attaway that various parties have taken, it might be in DOT's interests
to have an "independent" historical review..."

- Again, all we wanted to do was to get together to talk about these issues. Just you and us, nobody else..."
 

March 9, 2004 E-mail
To: Mark Grindstaff

From: Richard Cloues
Subject: Fort Attaway historical report

Point(s) of Interest:

- "Following our review of these documents, we requested a consultation with GDOT to discuss whether or not the submitted report satisfies the stipulation of the MOA. At that meeting, we noted concerns about the aggressive interpretive "tone" of the report and apparent differences of opinion regarding the history, location and significance of Fort Attaway, and we suggested that GDOT consider retaining an outside historian to prepare a historical narrative."

- "We would also like to reiterate our opinion that Fort Attaway should be considered eligible for the National Register of Historic Places at the local level of significance for its remaining physical features associated with Civil War activities in and around Rome."
 


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Fort Attaway Preservation Society, Inc.
1202 Desoto Avenue, Rome, GA 30165  (706)234-0537
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