TECHNICAL MEMORANDUM

To: Kevin Sheen Everpower Renewables

From: Patrick Heaton, Registered Professional Archeologist

Date: October 11, 2010

Reference: Cultural Resources - Allegany Wind Power Project

EDR Project No. 06059

Introduction

On behalf of EverPower Renewables, Environmental Design & Research, Landscape Architecture, Planning, Environmental Services, Engineering and Surveying, P.C. (EDR) has prepared this Technical Memorandum regarding impacts on cultural resources for the proposed Allegany Wind Power Project in Cattaraugus County, New York. This memorandum provides a response to review correspondence received from the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) regarding the Project, which includes:

• Correspondence dated June 11, 20101 regarding the Phase 1B Archeological Survey report for the Project (JMA 2010a)2. • Correspondence dated July 7, 20103 regarding the Historic-Architectural Resources Survey (HARS) report for the Project prepared by John Milner Associates, Inc. (JMA 2010b)4. • Correspondence dated August 16, 20105 regarding potential visual impacts to the park (including but not limited too visual effects on cultural resources). [EDR has prepared a response to these specific concerns in separate correspondence; however, relevant information that also pertains to cultural resources is repeated herein].

1 Herter, N. 2010. Re: SEQRA, Allegany Wind Power Project. Letter to P. Heaton, EDR. June 11, 2010. OPRHP, Waterford, New York. 2 JMA. 2010a. Phase 1B Archeological Survey: Allegany Wind Power Project, Town of Allegany, Cattaraugus County, New York. John Milner Associates, Inc., Croton-on-Hudson, New York. Included in Appendix M of the Draft Environmental Impact Statement for the Allegany Wind Power Project. 3 Bonafide, J. 2010. Re: ACOE, PSC, DEC, Allegany Wind Power Project. Letter to K. Sheen, EverPower Renewables. July 7, 2010. OPRHP, Waterford, New York. 4 JMA. 2010b. Historic-Architectural Resources Survey: Allegany Wind Power Project, Town of Allegany, Cattaraugus County, New York. John Milner Associates, Inc., Croton-on-Hudson, New York. Included in Appendix M of the Draft Environmental Impact Statement for the Allegany Wind Power Project. 5 Lyons, T. 2010. Re: Allegany Wind Power Project. Letter to Town of Allegany, Attn. Town Supervisor, dated August 16, 2010. OPRHP, Albany, New York.

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The July 7, 2010 OPRHP letter identified the following concerns regarding the HARS prepared for the Project:

1. OPRHP stated “it is our understanding that the US Army Corps of Engineers will have some permitting role in this Project” and concludes that the Project is therefore subject to review under Section 106 of the National Historic Preservation Act. 2. The five-mile-radius study area for the HARS included only the easternmost portions of Allegany State Park. Portions of the park located outside the five-mile-radius study area include historic resources that have been determined Eligible for listing on the National Register of Historic Places (NRHP). Potential impacts to Allegany State Park need to be addressed. 3. Within the five-mile-study area are two additional historic resources that need to be evaluated in terms of potential impacts: Rock City Park and Flatiron Rock. 4. Key loci within the study area where visual impacts need to be carefully assessed include: the City of Olean, Allegany State Park (especially the Red House Area), the Village of Allegany, and the natural tourism sites of Rock City and Flatiron Rock. 5. The impact analysis presented in the HARS report includes consideration of screening afforded by vegetation. OPRHP stated: “In our survey analysis we generally look only at topographic screening as viable visual protection as vegetation conditions can change very quickly and is often only seasonal.” 6. OPRHP concluded: “Based on the submitted visual analysis and the selected simulations, OPRHP believes that sufficient information does exist to determine that under Section 106 of the National Historic Preservation Act, the undertaking will have an Adverse Effect on cultural resources… All consultation regarding avoidance options and potential later mitigation options should involve those state/federal agencies directly associated with the permitting/approval process for this Project.” 7. OPRHP also stated: “In addition, consultation with involved Indian Nations must be undertaken.”

In addition, the June 11, 2010 OPRHP letter identified the following concerns regarding the Phase 1B Archeological Survey report:

8. OPRHP requested additional information regarding measures to be implemented by the Project to avoid impacts during construction to rock outcrops and archeological sites within the Project Area.

Each of these concerns are addressed in numerical order below:

1. Regulatory Context

The proposed Allegany Wind Power Project is being reviewed under the New York State Environmental Quality Review Act (SEQRA) with the Town of Allegany Planning Board as Lead Agency. On August 21, 2008, EverPower Renewables (the Project Sponsor) submitted an application for a special use permit and a full Environmental Assessment Form (EAF) for the proposed wind power project to the Town of Allegany Planning Board pursuant to the local law. The

October 11, 2010 Kevin Sheen Re: Cultural Resources – Allegany Wind Power Project Page 3 submittal of this application, which requires discretionary approval, initiated the SEQRA process for the subject action. On September 12, 2008, the Allegany Planning Board forwarded a solicitation of Lead Agency status, along with a copy of the EAF document, to potentially interested/involved SEQRA agencies. No agency objected to the Planning Board assuming the role of Lead Agency. The Town of Allegany Planning Board, as Lead Agency, subsequently issued a Positive Declaration on November 10, 2008, requiring the preparation of a Draft Environmental Impact Statement (DEIS).

The DEIS6 (EDR 2010a) was accepted as complete on February 24, 2010, and copies of the DEIS were subsequently delivered to involved/interested agencies and individuals, and posted to a website managed by Allegany Wind, LLC (www.alleganywindfarm.com). Opportunities for detailed agency and public review were provided during the DEIS public comment period (February 24, 2010 through May 3, 2010). A public hearing was conducted by the Lead Agency on April 21, 2010 at the Allegany Senior Center (3790 Birch Run Road, Allegany, NY). This Technical Memorandum is being prepared as a component of the Final Environmental Impact Statement (FEIS) for the proposed Project. The FEIS also includes a responsiveness summary to address all substantive comments received on the DEIS during the public comment period.

The current Project design proposed by the Project Sponsor (detailed in the FEIS) is not anticipated to result in any impacts to streams or wetlands. As a result, the Project Sponsor does not expect that any wetland and/or stream permits would be required from the US Army Corps of Engineers (Corps) or New York State Department of Environmental Conservation (DEC). The Project Sponsor also does not anticipate requiring regulatory approval by the New York State Public Service Commission (PSC). The proposed Project is therefore not expected to require formal review by OPRHP under either Section 106 of the National Historic Preservation Act or Section 14.09 of the New York State Parks, Recreation, and Historic Preservation Law.

2. Allegany State Park

The July 7 letter from OPRHP indicates that although most portions of Allegany State Park are located greater than five miles away from the proposed Project, potential visual impacts to previously identified/evaluated historic resources within the park should be evaluated. The topographic viewshed analysis and resulting map depicts the most conservative (i.e., “worst case”) analysis of potential wind turbine visibility. The viewshed mapping depicts all areas from which the blade-tip of any turbine is potentially visible based solely on screening provided by topography. The “worst-case” viewshed mapping indicates that the proposed Project would be potentially visible from approximately 12,868 acres within the 67,159-acre park (or from approximately 19% of the areas within the park). As shown on the enclosed Additional Historic Resources Map, areas from which the proposed Project is potentially visible are restricted to the east-facing slopes along the eastern boundary of the park and on ridgetops located throughout the park.

6 EDR. 2010a. Draft Environmental Impact Statement for the Allegany Wind Power Project, Town of Allegany, Cattaraugus County, New York. Environmental Design & Research, P.C., Syracuse, New York.

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The July 16 letter from OPRHP references the 2010 Final Environmental Impact Statement/Master Plan for Allegany State Park7 (the Master Plan), and indicates that views from all of the historic resources listed in Appendix H of the Master Plan need to be assessed. EDR mapped these historic resources8 relative to the topographic viewshed for the Project (see enclosed Additional Historic Resources Map and Table 1).

The only historic resources within the park that are located in areas with potential views of the Project are the fire towers (see enclosed Additional Historic Resources Map and Table 1), which are identified in Appendix H of the Master Plan as elements that contribute to the historical significance of the park. These include the fire tower located on the Ridge Run Trail northeast of the Red Lake Area (9.0 miles west of the proposed Project) and the Fire Tower located west of the Quaker Run Area (14.9 miles west of the proposed Project). An Old Fire Tower Site (i.e., the former location of a fire tower) is also depicted on maps included in the Master Plan, located on the ridge at the eastern perimeter of the park. Park personnel9 confirmed there is no longer a structure at this location (there is therefore no potential impact because the resource is no longer present).

Some locations within Allegany State Park had been visited by EDR personnel during the fieldwork for the Visual Impact Assessment10 (VIA; EDR 2010b) in October 2008 (see photos from Viewpoints 89, 91, 92, 102, 117, 118, and 121 in the attached Photolog). EDR personnel undertook additional fieldwork in September 2010 (see photos from Viewpoints 4A, 5A, 11A, 13A-17A, and 20A-22A in the attached Photolog). The locations of these viewpoints are depicted on the attached Additional Historic Resources Map.

EDR personnel visited both of the extant fire towers within the park to verify whether the Project was potentially visible from these locations and obtain representative photographs. Photographs from these locations are included in the attached Photolog and referenced on the attached Additional Historic Resources Map as Viewpoints 5A (for the fire tower located northeast of the Red Lake Area) and Viewpoint 22A (for the fire tower located west of the Quaker Run Area). Views of both fire towers from ground level do not include the Project. For both towers, viewers at ground level looking east with the towers in the foreground would not see the Project in the background due to the thick forest cover that surrounds both towers. The Project will therefore have no impact on the visual setting of the fire towers for viewers at ground level.

7 OPRHP. 2010. Final Environmental Impact Statement/Master Plan for Allegany State Park. New York State Office of Parks, Recreation, and Historic Preservation, Salamanca and Albany, New York. 8 During a field visit to the park on September 21, 2010, EDR personnel reviewed the locations of the mapped historic resources with Barrin Bierfladt (Allegany State Park staff), who confirmed that the mapped locations were accurate. 9 Personal communication: Barrin Bierfladt (Allegany State Park staff) to Eric Lockard (EDR), September 21, 2010. 10 Environmental Design & Research, P.C. (EDR). 2010b. Visual Impact Assessment: Allegany Wind Power Project, Town of Allegany, Cattaraugus County, New York. Environmental Design & Research, P.C., Syracuse, New York. Included as Appendix K in the Draft Environmental Impact Statement for the Allegany Wind Power Project.

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The view from the top of the fire tower on the Ride Run Trail (Viewpoint 5A) is the only open view that EDR could find that allows partial views of the Project from within the park. At this location, the viewer is at treetop level, and distant blue gray hills are visible through a broken band of foreground trees. Scenic quality is considered high at this viewpoint, which is approximately 9.0 miles from the nearest turbine that would be visible in this view.

As illustrated in the attached visual simulation (with the proposed Project in place) from Viewpoint 5A, only one turbine is partially visible along the background ridge. At this distance the turbine appears as a slender vertical line that is barely noticeable against the sky. All of the remaining turbines are fully or partially screened by the branches of the foreground trees. The camera alignment for Viewpoint 5A (attached with the visual simulation) depicts the locations of the proposed turbines in this view relative to the existing foreground vegetation. Although turbine visibility would increase somewhat from this vantage point during the leaf-off season, presumably few visitors would be utilizing the fire tower and experiencing this view during the winter. In addition, the distance of the turbines from the viewer (approximately 9 miles), and the partial screening provided by the foreground tree branches during all seasons, will minimize Project visibility and visual contrast with the landscape. Although scenic quality and viewer sensitivity at this viewpoint are considered to be high, the overall Project contrast and visual impact is likely to be insignificant from this viewpoint.

A visual simulation depicting the view from the fire tower on Ridge Run Trail (Viewpoint 5A) at night is also attached to this memorandum. The distant ridgeline (Project site) is visible in the gaps between the tops of trees that occupy the foreground of the view. The night sky is clear and bright (this photograph was taken under clear conditions with a bright, full or near-full moon). An existing communication tower with two warning lights is visible on the ridgeline at the left side of the view.

With the proposed Project in place, five FAA warning lights mounted on the turbine nacelles are visible in the distant background, just above and in the gaps between the tops of the trees in the foreground of the view. The lights and silhouettes of the towers are visible above the ridgeline against the clear, relatively bright sky; however, the tops of the trees in the foreground of the view partially screen the Project. The lights on the turbines appear to be approximately the same height and intensity as the existing warning lights on the communication tower at the left side of the view. For both the existing and proposed lights, the effect on the view is minimal due to distance. The landscape in the nighttime view is barely visible and the significant views during the nighttime condition are assumed to be of the night sky. It is also assumed that the fire tower receives little use at night. The FAA warning lights on the distant ridgeline do not create significant contrast with the views of the sky and the visual impact is not considered significant.

The top of the western fire tower (14.9 miles from the Project; Viewpoint 22A) was not accessible in September 2010 when EDR conducted a field visit. The lowermost section of the staircase was entirely missing and the remaining staircase appeared to be in a state of disrepair. As a result, EDR was not able to document the view from the top of the fire tower. Forest vegetation screened all views toward the east from ground level at this location.

In summary, the only available view of or from a historic resource in Allegany State Park that includes the Project is from the top of the fire tower located on Ridge Run Trail (EDR Viewpoint 5A).

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The Project is 9.0 miles away from this location and would be partially screened by trees from this vantage point. The topographic viewshed, which is the most conservative assessment, indicates that the Project will not be visible from 81% of the areas in Allegany State Park, including all but one other identified historic resource (another fire tower located 14.9 miles from the Project). Existing forest vegetation screens views toward the Project from the areas within the park where the topographic viewshed indicates views of the Project are possible, thereby further minimizing any potential impact. It is the opinion of EDR that the Project will not result in significant visual impacts to historic resources located in Allegany State Park.

3. Additional Historic Resources within Five Miles of the Project

OPRHP’s letter dated July 7, 2010 identified two historic resources located within five miles of the Project that OPRHP believes to be NRHP-Eligible for their association with the history of local recreation activities. These resources include Rock City Park in the Town of Allegany and Flatiron Rock in the Town of Olean. Rock City Park was identified in the HARS as a historic resource that had been previously determined eligible for listing on the National Register of Historic Places (JMA 2010b: Table 3, page 13). Visual impacts to Rock City Park were also discussed in the HARS report (see JMA 2010b: Table 10, page 26); these impacts are reviewed in the following section of this memorandum (below). Flatiron Rock was not included in the HARS report. The locations of both properties are shown on the attached Additional Historic Resources Map.

4. Key Loci for Visual Impact Assessment

The VIA (EDR 2010b) documents and evaluates potential visual impacts for the entire five-mile- radius survey area for the proposed Project, including the key locations identified by OPRHP (above). The VIA was included as Appendix K of the DEIS, a complete copy of which was provided to OPRHP (on CD) on February 26, 2010. Analyses included in the VIA for the Project included viewshed analysis, cross-section analysis, field verification, the preparation of visual simulations, and contrast rating evaluations of simulations by a panel of Registered Landscape Architects. The field verification work is described in the VIA:

Actual visibility of the proposed Project was evaluated in the field on October 10, 2008. Three 15-foot by 6-foot helium-filled balloons were tethered at the approximate location of proposed Turbines 2E, 18E and 4W to provide a representative distribution within the proposed turbine layout. Each balloon was raised to a height of approximately 492 feet above the existing grade (based on a maximum blade tip height at the 12 o'clock position). The purpose of this exercise was to verify visibility of the Project by providing scale references at proposed turbine locations, and to obtain photographs for subsequent use in the development of visual simulations (EDR 2010b:34).

EDR field crews then conducted photography and documented visibility of the balloons from 208 viewpoints within the study area (see enclosed VIA Figure 10: Viewpoint Location Map), and within portions of Allegany State Park located outside the five-mile-radius study area. Selected photographs from viewpoints documented during the VIA fieldwork are included in the attached

October 11, 2010 Kevin Sheen Re: Cultural Resources – Allegany Wind Power Project Page 7 photolog. Results and conclusions presented in the VIA (EDR 2010b) and/or the HARS (JMA 2010b) report that pertain to the key loci identified by OPRHP (listed above) are summarized below.

City of Olean

As shown on VIA Figure 10 (enclosed), the VIA field verification study indicated that the balloons were not visible within most portions of the City of Olean. In most of the areas visited by EDR personnel, buildings and/or yard vegetation obstructed views toward the Project. The balloons were visible from only the northwestern outskirts of Olean along Constitution Avenue (Viewpoints 184 and 185), which runs adjacent and parallel to the railroad tracks between Olean and the Village of Allegany. The field verification also indicated that the Project will be visible from Interstate 86, which runs north of the City of Olean and Village of Allegany (Viewpoints 179-183; EDR 2010b). The conclusions presented in the HARS regarding the visibility and potential impact of the Project from the Norton School Historic Cluster can also be applied more generally to those portions of the City of Olean that have potential views of the Project:

Views from within the [City of Olean] towards the Project (to the southwest) in most cases would be blocked by buildings and/or street or yard vegetation in the immediate foreground; however, sporadic or occasional distant views of the Project would be possible through gaps between the buildings, through side yards, or empty lots. To the extent that the Project would be visible from some vantage points, any views of [the] Project toward the southwest would be minimal, distant, occasional, and in most cases partially obscured (JMA 2010b:43).

Allegany State Park

The visibility and potential impacts of the Project on Allegany State Park are addressed above (see Section 2). In addition, OPRHP expressed specific concern regarding NRHP-eligible properties located within the Red House Area of the park. As shown on the enclosed Additional Historic Resources Map, the topographic viewshed analysis indicates there is no potential visibility of the Project from that area (see also Table 1). Field verification conducted during preparation of the VIA for the Project confirmed that the topography surrounding the Red House Area obstructs views to the east (see Viewpoints 121 and 122 on the enclosed Additional Historic Resources Map and in the attached photolog; see also EDR 2010b: Appendix C). The Project will have no effect on historic properties located in the Red House Area of Allegany State Park.

Village of Allegany

The field verification study conducted as part of the VIA (see enclosed VIA Figure 10) also indicated that the balloons were not visible from most portions of the Village of Allegany. From most locations within the commercial and residential core of the village (including the Village of Allegany Historic District), buildings and/or yard vegetation in the foreground obstructed view to the south (toward the Project). The only viewpoints within the Village where the balloons were visible were located in more open areas, such as the side yard of a residence on Union Street and from within the Saint Bonaventure Cemetery (Viewpoints 176-178). The visibility and potential impact of the Project from

October 11, 2010 Kevin Sheen Re: Cultural Resources – Allegany Wind Power Project Page 8 the downtown commercial core (along main Street) of the Village of Allegany is also addressed in the HARS report:

Views of the wind turbines from within the [village] towards the Project (to the south) in most cases would be blocked by buildings in the immediate foreground; however, sporadic or occasional views of the Project would be possible through gaps between the buildings, and through side yards or empty lots. The Project would not be prominent or “looming” in views toward the south - there is one significant intervening ridgeline between the village and the Project. Views toward any buildings on the north side of Main Street would not include the Project - northward views place the wind turbines behind the viewer (JMA 2010b:40).

Rock City Park

Rock City Park is a privately owned recreational park11. The park features a 0.75-mile-long hiking trail through natural geological formations and provides opportunities for scenic views of the surrounding region. The park charges fees for admission and is open daily between May and October. Rock City Park has been a recreational attraction since 1890. During the early-twentieth century, the property was accessible via a trolley from Olean and formerly included a hotel, dance pavilion, and amusement park. None of these amenities area still extant on the property (JMA 2010b:Appendix II; Rock City Park 2010). The visual impact assessment included in the HARS concludes that the Project will have a significant visual impact on Rock City Park:

[Rock City Park] is a privately owned recreational park (open to the public with paid admission) with attractions that include scenic views; views toward [the] Project from within the property in some locations will be screened by vegetation but in other locations will likely include [the] Project (significant effect) (JMA 2010b:26).

Fieldwork conducted during the preparation of the VIA indicated that the balloons were not visible from most locations within the park, but views of the Project were available from at last one vantage point. The VIA includes a visual simulation of this view from Rock City Park (Viewpoint 146; see attached visual simulation). The contrast rating evaluation of the simulation by a panel of Registered Landscape Architects resulted in the following assessment (EDR 2010b:84):

Viewpoint 146

Existing View

Viewpoint 146 is an east-facing open overlook in Rock City Park in the Town of Allegany. It is located in the Forest LSZ, and is approximately 2.0 miles from the nearest turbine that would be visible in the view. The foreground of this view is occupied by a large slab of rock that forms the base of the view. Textured, colorful forest vegetation rises behind the rough gray stone, creating a V-shaped viewing frame. A deep valley drops away in the mid-ground, and the viewer looks across it to

11 Rock City Park. 2010. Rock City Park [Homepage]. http://www.rockcitypark.com/index.htm.

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the colorful, forested plateau that stretches as far as the eye can see. A broad expanse of blue sky completes the range of color and texture in this highly scenic view.

Proposed Project

With the proposed Project in place, nine turbines are fully or partially visible in this view [note that only three turbines are fully visible; the remaining six are wholly or patially screened by topography and/or vegetation]. The turbines’ vertical line contrasts with the horizontal landform, and their scale contrasts with the existing vegetation in the background, due in part to the fall color which distinguishes individual trees. They also present appreciable contrast with land use and viewer activity in this park setting. The effect of the turbines is to foreshorten this deep view considerably, giving it a finite spatial quality. The stacking and alternating heights of the turbines also creates a degree of visual clutter. The scenic character of the existing view resides in its continuity and extent, and this is altered by the turbines, which are now framed as focal points in the center of the view. However, the scale of the turbines does not present a strong contrast to the foreground vegetation, and they may be seen as an element of interest to some viewers.

In summary, the previous analyses conducted for the Project concluded that the Project will result in a significant visual impact on Rock City Park. However, from most locations within the property the rock formations themselves and vegetation completely obstruct and/or screen views toward the Project site. Viewpoint 146 was the only viewpoint identified during EDR’s site visit that provided an open view of the Project. Viewpoint 146 was selected for preparation of a visual simulation in the VIA to demonstrate the “worst case” view of the Project from within the property. However, the primary recreational experience at the property is hiking within and viewing the rock formations located on the property, which will not be affected by the Project. The overall impact to Rock City Park will not be significant. In addition, Rock City Park is a privately owned enterprise and is not open freely to the public. The owners of the property have not provided a formal comment on potential impacts on views from the property.

Flatiron Rock

Flatiron Rock is a local peak that receives some current climbing usage and was historically an important local recreational destination; however, the site is currently on private property and therefore not accessible to the public. The site is located east of NYS Route 16 in the vicinity of MacDuffy Road. Flatiron Rock is located within the topographic viewshed for the Project (see attached Additional Historic Resources Map). The viewshed analysis prepared for the VIA that includes the screening effect of vegetation12 indicates that views toward the Project from Flatiron Rock will be at least partially obscured by existing forest cover. Viewpoint 161 (located on NYS

12 Based on standard visual assessment practice, the mapped locations of forest land within the study area was assigned a conservative assumed height of 40 feet (even through most forest vegetation within the study area exceeds this height) to approximate the screening effect of existing vegetation (EDR 2010b:33).

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Route 16 at Two-Mile Road) was the nearest viewpoint documented during the ballooning fieldwork conducted in October 2008 for the VIA (see attached VIA Figure 10). The balloons were not visible from Viewpoint 161. EDR assumes that there may be locations in the vicinity of the peak where the Project may be visible in gaps or breaks in the vegetation, but for the most part views of the Project from this location will be screened by existing vegetation. Therefore, the Project is not expected to result in significant visual impacts from this location.

5. Potential Screening Effects of Vegetation

In the July 7, 2010 letter, OPRHP states that visual analyses should be conducted in accordance with the guidance provided by the New York State Department of Environmental Conservation (DEC) titled Assessing and Mitigating Visual Impacts13 (DEC 2000). Both the VIA and HARS prepared for the Project reference the DEC policy. OPRHP also states: “In our survey analysis we generally look only at topographic screening as viable visual protection as vegetation conditions can change very quickly and is often only seasonal.” The survey area for the HARS included all areas within five miles of the Project from which the Project is potentially visible (as indicated by the topographic blade-tip viewshed – i.e., the most conservative analysis). The analysis presented in the report only takes vegetation into account during consideration of potential effects. The screening effects of vegetation are recognized as possible mitigation measures in the DEC policy; it seems reasonable that those effects should be taken into account in impact assessment as well.

6. Adverse Effects on Historic Resources

The July 7, 2010 OPRHP letter concludes: “Based on the submitted visual analysis and the selected simulations, OPRHP believes that sufficient information does exist to determine that under Section 106 of the National Historic Preservation Act, the undertaking will have an Adverse Effect on cultural resources.” Although the regulatory context for the Project is not expected to include review under Section 106 of the National Historic Preservation Act, the conclusions presented in the HARS prepared for the Project are in agreement with OPRHP’s determination that the Project will have a significant adverse effect on some of the historic properties in the study area due to the change in the visual setting associated with those properties resulting from the introduction of wind turbines in the landscape. The HARS report concludes with recommendations for types of Projects that could be implemented to mitigate unavoidable visual impacts on historic properties that would result from the Project. The Project Sponsor is working with the Town of Allegany to develop appropriate mitigation measures as part of the SEQRA review of the Project.

7. Consultation with the Seneca Nation of Indians

13 New York State Department of Environmental Conservation (DEC). 2000. Assessing and Mitigating Visual Impacts. Program Policy, Department ID DEP-00-2, Issued July 31, 2000. http://www.dec.ny.gov/docs/permits_ej_operations_pdf/visual2000.pdf.

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The Phase 1A Cultural Resources Survey14 report prepared for the Project was sent to the Seneca Nation of Indians Tribal Historic Preservation Office (THPO) on June 26, 2009. Copies of the Phase 1B Archeological Survey and HARS reports were provided to the Seneca Nation THPO on October 1, 2010. See also comments below regarding the archeological survey for the Project.

8. Phase 1B Archeological Survey

The June 11, 2010 OPRHP letter requested additional information regarding measures to be implemented by the Project to avoid impacts during construction to rock outcrops located in the Project Area. OPRHP and the Seneca Nation of Indians have identified these outcroppings as areas of interest because of their potential use as Native American habitation sites. As stated in the Phase 1B report (JMA 2010a:5-6), archeologists conducted pedestrian reconnaissance of overhangs and ledges located in the vicinity of proposed Project components to determine if any indications of an archeological site were present (none were identified).

The large rock outcrops located in the Project Area were also identified in the DEIS as potential habitat for two New York state-listed endangered plant species: the Appalachian shoestring fern (Vittaria appalachiana) and Appalachian bristle fern (Trichomanes intricatum) (EDR 2010b:60). Regarding potential impacts to these ferns, the DEIS states:

Range-wide, both of these gemmiferous ferns grows almost exclusively on exposed surfaces of non-calcareous bedrock that is porous and holds a permanent reservoir of groundwater. They are restricted to sites that receive no direct sunlight, precipitation, or wind, such as the dark, moist, deeply recessed cavities found in sheltered crevices, grottos, cliffs, rock shelters, and rockhouses … [The] rockhouses and rock outcrops providing habitat for Appalachian shoestring fern and Appalachian bristle fern will be avoided during construction to the extent possible. If total impact avoidance is not possible, supplemental SEQRA review will be conducted to evaluate unavoidable impacts to these resources. Therefore, operational impacts to rare vegetation or significant natural communities are not expected. In addition, the Environmental Monitor will inspect areas to be disturbed for suitable habitat for these species, and ensure implementation of protective measures or avoidance of this habitat (EDR 2010:60,98-99).

As stated in the DEIS for the Project, the Project design intentionally avoids impacts to rock outcrops to avoid environmental impacts (including the potential for archeological sites as well as critical habitat concerns). The Project Sponsor also seeks to avoid impacts to these outcrop areas because of construction feasibility challenges and the significant expense that would be associated with removal of these rock outcrops. Measures that will be implemented to insure avoidance of environmental impacts are described in the DEIS:

14 JMA. 2009. Phase 1A Cultural Resources Survey: Allegany Wind Power Project, Town of Allegany, Cattaraugus County, New York. John Milner Associates, Inc., Croton-on-Hudson, New York. Included in Appendix M of the Draft Environmental Impact Statement for the Allegany Wind Power Project.

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To assure compliance with various environmental protection commitments and permit conditions, Allegany Wind will provide funding for the Town to hire an environmental monitor to oversee construction and restoration activities. Prior to the start of construction at any given site, an environmental monitor and the contractor will conduct a walk-over of areas to be affected, or potentially affected, by proposed construction activities. This pre-construction walk-over will focus on the previously identified sensitive resources to avoid (e.g., wetlands, archeological, or agricultural resources), as well as the limits of clearing, location of wetland and stream crossings, location of drainage features (e.g., culverts, ditches), location of underground utilities and tile lines, and layout of sedimentation and erosion control measures. Upon identification of these features, they will be marked in the field (by staking, flagging, fencing, etc.), specific construction procedures will be determined, and any modifications to construction methods or locations will be proposed before construction activities begin (EDR 2010b:23).

OPRHP also requested that a map be provided to OPRHP and the Seneca Nation of Indians THPO showing the limits of construction for the final Project design in relation to the locations of identified archeological sites and rock outcropping areas (to be avoided). This map will be provided when final design plans for the Project showing the limits of construction have been completed.

TABLES

Historic Resources in Allegany State Park

Table 1. Historic Resources in Allegany State Park.

Sensitive Miles to Nearest Project Nearest Site Nearest Turbine Potentially EDR Name Turbine ID Visible?15 Viewpoint(s) Old Fire Tower Site 5.2 1W Yes 105-106 Little Ireland Site 5.6 1W No n/a Group Camp 12 7.7 1W No n/a Group Camp 10 7.8 1W No n/a Fire Tower (Ridge Run Trail) 9.0 1W Yes 5A Bath House in Red House Area 9.7 1W No 121-122 Stone Tower 9.9 1W No 15A, 120 Shelter in Red House Area 10.0 1W No 121-122 Camp McIntosh 10.0 1W No 121-122 Camp Anderson 10.1 1W No 121-122 Administration Building 10.1 1W No 121-122 Science Lake Dam 10.1 8W No 121-122 Red House Lake Dam 10.2 1W No 121-122 Sawmill 10.7 1W No 121-122 Log Cabin, Maintenance Area 10.8 1W No 121-122 Naturalist Cabin 12.3 8W No n/a Fancher Cabin 12.4 8W No n/a St. John's in the Woods 12.9 8W No n/a Quaker Store Museum 12.9 8W No n/a Regional Maintenance Area 13.0 8W No n/a Shelter, Quaker Area 13.0 8W No n/a Outdoor Museum ruins 13.3 8W No n/a Group Camp 5 13.6 8W No n/a Fire Tower (Quaker Run Area) 14.9 1W Yes 22A Quaker Lake Dam 15.7 1W No n/a

15 Potential project visibility in Table 1 is based solely on the blade-tip topographic viewshed mapping prepared for the Project. As indicated in Section 3 of this Technical Memorandum, field visits indicated that views of the Project are only available from the top of the Fire Tower located on the Ridge Run Trail. The top of the Fire Tower in the Quaker Run Area is not accessible; views toward the Project from ground level at this location are completely screened by vegetation. The former structure at the Old Fire Tower Site no longer exists, so consideration of visual impacts on historic resources from this location is not applicable.

MAPS

Additional Historic Resources VIA Figure 10: Viewpoint Location Map Title Allegany Wind

353 Power Project Town of Allegany - Cattaraugus County, New York Sawmill Camp Log Cabin, McIntosh Maintenance Area 417 Red House Lake Dam 122 121 Administration Bath House Building in Red 219 Additional Historic Resources House Area Shelter 86 Camp in Red Stone 15A 13A Anderson House Area Tower Fire 5A Legend Tower 14A

20A See Red House Area Red House Area 21A Detail Map Wind Turbine 417 Original VIA Viewpoint

Post-DEIS Viewpoint

Historic Resource

219 Potentially Visible Allegany State Park Boundary Group Camp 10

105 106 11A 118 Old Fire 104 280 Group Tower Site Map Scale & Orientation

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68 184 171 o n Eagle Rod and Gun Club 178 185 k 67 48 186 165 North Olean Yards 169 South Olean Yards 172 k 175 170 163 o St. 167 166 ro St. 191 B 164 s 168 g Bonaventturre in 173 K Allegheny River 174 162 Giermek Executive 118 47 Airport 72 76 79 k e k 77 e r o 46 F e C o il r W M o Allegany State Park e our u B

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Allegany Wind Power Project Town of Allegany - Cattaraugus County, New York Visual Impact Assessment Figure 10: Viewpoint Location Map

Notes: August 2010 Base Map: ESRI StreetMap USA, Year 2006.

PHOTOLOG

Allegany State Park Viewpoint 89 - Parkside Drive (East side of Park)

Viewpoint 91 - Parkside Drive (East side of Park)

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 1 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 92 - Rice Brook Road, Allegany State Park

Viewpoint 102 - Intersection of Allegany State Park Road and Parkside Drive (East Side of Park)

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 2 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 117 - Parkside Drive (East Side of Park)

Viewpoint 118 - Private Road - Eastern Boundary Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 3 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 120 - Stone Tower

Viewpoint 121 - Red House Lake

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 4 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 122 - North Country Trail - On Hill West of Red House Lake

Viewpoint 4A - Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 5 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 5A - Day Time View from Fire Tower, Allegany State Park

Viewpoint 5A - Night Time View from Fire Tower, Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 6 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 11A - Red Ridge Horse Trail, Allegany State Park

Viewpoint 13A - Christian Trail, Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 7 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 14A - Christian Trail, Allegany State Park

Viewpoint 15A - Stone Tower, Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 8 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 16A - Intersection of Limestone and Thunder Rocks, Allegany State Park

Viewpoint 17A - End of Thunder Rocks Road, Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 9 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 20A - Art Rosscoe Cross Country Ski and Mountain Bike Trail, Allegany State Park

Viewpoint 21A - Art Rosscoe Cross Country Ski and Mountain Bike Trail, Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 10 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com Viewpoint 22A - Fire Tower located west of the Quaker Run Area, Allegany State Park

Viewpoint 22A - Looking East from Fire Tower, Allegany State Park

Title Author Allegany Wind Allegany County, New York Allegany State Park: Photo Log 217 Montgomery St. Sheet 11 of 11 Suite 1000 Syracuse, NY 13202 August 2010 Ph: (315) 471.0688 www.edrpc.com

VISUAL SIMULATIONS

Viewpoint 5A (daytime) – Visual Simulation Viewpoint 5A – Camera Alignment Viewpoint 5A (nighttime) – Visual Simulation Viewpoint 146

Allegany Wind Power Project Viewpoint 5A (daytime) Town of Allegany - Cattaragus County, New York Sheet 1 of 2 - Existing View from Fire Tower, Allegany State Park Town of Allegany, Cattaraugus County September 2010 Allegany Wind Power Project Viewpoint 5A (daytime) Town of Allegany - Cattaragus County, New York Sheet 2 of 2 - Simulated View from Fire Tower, Allegany State Park Town of Allegany, Cattaraugus County September 2010 Allegany Wind Power Project Town of Allegany - Cattaragus County, New York Camera Alignment from Viewpoint 5A

September 2010 Allegany Wind Power Project Viewpoint 5A (night time) Town of Allegany - Cattaragus County, New York Sheet 1 of 2 - Existing Night View from Fire Tower, Allegany State Park Town of Allegany, Cattaraugus County September 2010 Allegany Wind Power Project Viewpoint 5A (night time) Town of Allegany - Cattaragus County, New York Sheet 2 of 2 - Simulated Night View from Fire Tower, Allegany State Park Town of Allegany, Cattaraugus County September 2010 Allegany Wind Power Project Figure 18: Viewpoint 146 Town of Allegany - Cattaragus County, New York Sheet 1 of 2 - Existing View from Rock City Park Town of Allegany, Cattaraugus County January 2010 Allegany Wind Power Project Figure 18: Viewpoint 146 Town of Allegany - Cattaragus County, New York Sheet 2 of 2 - Simulated View from Rock City Park Town of Allegany, Cattaraugus County January 2010