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. October 11, 2010 Kevin Sheen Re: Cultural Resources – Allegany Wind Power Project Page 2 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. October 11, 2010 Kevin Sheen Re: Cultural Resources – Allegany Wind Power Project Page 4 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