NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a ...

The Phase IA Cultural Resource Assessment and a summary of the Phase IB fieldwork
conducted thus far as well as the GEIS have been submitted to the New York State Office of
Parks Recreation and Historic Preservation (“OPRHP”) for review in accordance with Section
14.09 of the New York State Parks, Recreation and Historic Preservation Law.
ESD consulted with OPRHP regarding the Project due to ESD’s involvement in providing funding
for the Project to be used for the purposes of land acquisition, professional fees, marketing,
and for engineering and construction of a 500 foot to 600 foot access roadway with related
utilities (“Access Roadway”). In a letter dated, March 27, 2012, OPRHP indicated that it does
not oppose the release of ESD’s short-term financing funds with the following conditions: 1)
that the recipient of the funds, the Genesee Gateway Local Development Corporation
(“GGLDC”), will consult with OPRHP regarding the location of the proposed Access Roadway; 2)
that an archeological investigation will be completed to OPRHP’s satisfaction at the location of
the proposed Access Roadway prior to construction; and further; 3) that the Section 14.09
process will be completed prior to any ground disturbance for the Project beyond the Access
Roadway. These conditions are stipulated in the Grant Disbursement Agreement between ESD
and GGLDC.
Minimization and Mitigation Measures
Prior to the development of the Project Site, a Phase 1B field investigation of all sections of the
Project Site will be conducted in coordination with OPRHP and the Tonawanda Seneca Nation.
In addition, the project sponsor, GCEDC, and its affiliate GGLDC, shall comply with the
conditions stipulated in OPRHP’s letter of March 27, 2012 to satisfy Section 14.09 requirements
and to avoid or minimize potential adverse impacts on cultural resources to the maximum
extent practicable. Coordination with the Tonawanda Seneca Nation will also be required
during the investigation and consultation process and prior to the development of the Project
Site.
Findings
In order to address any potential impacts associated with the future development of the Project
Site, a Phase 1B field investigation of the Project Site will be conducted in coordination with
OPRHP and the Tonawanda Seneca Nation. Conditions stipulated in OPRHP’s March 27, 2012
letter shall also be satisfied including consulting with OPRHP regarding the Access Roadway and
completing the related archeological investigation prior to construction, and completing the
Section 14.09 consultation process prior to any ground disturbance for the Project beyond the
Access Roadway. With the implementation of these measures, potential adverse impacts to
historic and archeological resources will be avoided or minimized to the maximum extent
practicable.
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