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Historic Properties Management Plan Letter
March 12, 2008
The Regulating District is in the process of revising the Historic Properties Management Plan (HPMP) for submission to the Federal Energy Regulatory Commission (FERC) for their approval. Also, we are working with the New York State Historic Preservation Office (SHPO), NYS Department of Environmental Conservation (DEC) and U.S. Army Corps of Engineers (USACE) to streamline the process for permit holders requesting permission for ground disturbance activities. Please note the additional text (in red) at the end of the next to last paragraph in the letter below.
When the new procedure is finalized, the Regulating District will post a new HPMP letter on this web site and will mail a copy of the letter to each permit holder.
September 23, 2005
To: All Great Sacandaga Lake Access Permit Holders
Re: Historic Properties Management Plan
Great Sacandaga Lake Project, Federal Energy Regulatory Commission (FERC)
Project No. 12252
Background
On September 25, 2002 the Federal Energy Regulatory Commission (FERC) issued a license to the Hudson River - Black River Regulating District for the continued operation of the Conklingville Dam and the Great Sacandaga Lake reservoir facility. Section 106 of the National Historic Preservation Act of 1966 (Appendix A and 36 Congressional Federal Record (CFR) Part 800, Appendix B) obligates FERC to ensure the proper management of cultural resources that may be affected by its licensees. FERC requires the development of a plan that details the methods by which a licensee will properly manage cultural resources. The FERC license issued for the Great Sacandaga Lake mandates completion and implementation of a Historic Properties Management Plan (HPMP) for the management and protection of cultural resources at the Great Sacandaga Lake (GSL).
Purpose and Preservation Goals
The Great Sacandaga Lake Historic Properties Management Plan (the Plan) provides guidance for the management of cultural resources that have the potential to be impacted by the operation of the GSL. The Plan identifies the known and potential cultural resources in the GSL vicinity and assesses the effect of operation of the GSL on these resources. An important part of the Plan is its role in educating the Regulating District and Access Permit Holders of the potential for impact to cultural resources and to ensure proper management and protection of these resources.
The purpose of the Plan is to manage the potential impacts from operation of GSL to known and unknown archeological sites and historic properties at GSL that are eligible for listing on the State and National Registers of Historic Places. The Plan identifies activities that have a potential impact on cultural resources and defines procedures for avoiding potential adverse impacts. The Plan defines procedures for mitigating potential impacts and provides guidelines for the continued communication and protocol for consulting with State and Federal agencies and tribal historic preservation offices and interested Native nations regarding future activities and accidental discoveries of cultural resources.
Regulating District Responsibility
The Regulating District is responsible for ensuring proper implementation and continued operation of the Plan. The Regulating District’s Operations Engineer serves as HPMP Coordinator, responsible for implementation of the Plan and acts as primary contact regarding all cultural resource issues at the GSL. The Chief Engineer of the Regulating District serves as the HPMP Administrator and is responsible for supervision of the Coordinator’s activities to ensure efficient and appropriate management of the Plan.
GSL Project Effect and Management Measures
Ground disturbance activities at the GSL have the potential to impact historic and cultural resources.
Since the goal of the Plan is to manage the potential adverse impacts from operation of the GSL to known and unknown archeological sites and historic properties it becomes imperative that the Regulating District educate the Access Permit Holders as well as enforce restrictions and limitations on certain activities at the GSL.
The Regulating District will be developing educational resources and revising the Handbook for Holders of Access Permit at Great Sacandaga Lake to provide additional information to users of the GSL. Additionally, the Regulating District will be incorporating policies into the access permit system that clearly state that disturbing or removing historic artifacts from the GSL and surrounding state land is forbidden. New York State Education Law Section 233 currently provides protection of archeological sites and objects, and considers a violation of this provision a misdemeanor offense.
Impact to archeological sites resulting from ground disturbance will be minimized or eliminated through restrictions on excavation and grading activities on state land at GSL including activities on land that forms the shoreline and beach.
Access Permit Holder Responsibility
The Regulating District encourages the Access Permit Holders to protect cultural resources and historic properties wherever they exist. Archeological sites that are submerged most of the year become exposed when lake water levels are low. Please consider avoiding use of the reservoir bed when water is low, particularly in areas of known sites such as building foundations. Significant negative impacts to archeological resources can be avoided if vehicles, particularly all-terrain vehicles, are not driven on the reservoir bed. Additionally, it is unsafe to disturb in sito fragile historic resources that were submerged with the creation of the Sacandaga Reservoir (now Great Sacandaga Lake).
Access Permit Holders who propose any ground disturbance (excavation or grading of any size, area, or quantity) are required to complete a Phase IB archeological field reconnaissance study. The expense of the study is also the responsibility of the Access Permit Holder. A Phase IB study consists of archeological testing in areas where soil will be disturbed and in areas where it will be deposited. A Phase IB study could consist of shovel testing, report writing, possible laboratory analysis, and require the services of a cultural resource consultant (qualified professional Archeologist). The Phase IB archeological field reconnaissance will be conducted according to the guidelines described in the New York Archeological Council’s Standards for Cultural Resources Investigations and the Curation of Archeological Collections in New York State. A copy of this document can be found at: http://www.nyarchaeology.org/assests/standards/NYACStandards.pdf
The results of the Phase IB study will be submitted by the cultural resource consultant to the New York State Historic Preservation Office (SHPO) and the HPMP Coordinator as a letter report. SHPO will provide an effect determination in a letter regarding the findings. If no additional archeological investigation is requested after the Phase IB, then SHPO’s letter will be submitted to the Regulating District and the Regulating District’s processing of a request to complete the ground disturbance may begin. If additional archeological investigation is warranted by SHPO the Access Permit Holder will have the option of completing the additional investigation or abandoning the proposed disturbance activity.
The Regulating District will not process a request to complete ground disturbance work until it receives a letter from SHPO providing an effect determination.
Preservation of Cultural Resource and Sites
The Regulating District maintains the shoreline of the GSL in accordance with its Erosion and Slope Stability Monitoring Plan and through an annual shoreline erosion evaluation and repair process, and the placement of stone rip-rap. This activity is not considered to have an adverse impact on cultural resources and in fact is considered to have a positive effect because it prevents cultural deposits from eroding into the GSL. Placement of stone rip-rap by Access Permit Holders and the Regulating District is allowed to occur, in most cases, without consultation with SHPO. The Regulating District requires Access Permit Holders to obtain a work permit for the placement of new stone rip-rap on the shoreline of the GSL. Access Permit Holders must apply for, and receive, authorization from the Regulating District prior to performing any shoreline repair or placement of stone rip-rap.
In order to avoid ground disturbance during the completion of a shoreline maintenance project, unless authorized in writing, no stone or rock located on the shoreline or beach area may be used, moved, or relocated to provide erosion protection. The Regulating District does not authorize the excavation or relocation (bulldozing or movement by mechanical device) of stone or rock from the GSL for placement on the shoreline for erosion protection unless the permit holder has:
• completed a Phase 1B archeological field reconnaissance study, or has a letter of a "no effect determination" from SHPO for the proposed work;
• has an approved permit from DEC/USACE;
• and has an approved work permit from the Regulating District.
Questions Concerning the HPMP
Please direct any questions, comments or concerns regarding the HPMP and the Phase IB study requirements to the Regulating District’s HPMP Coordinator. For additional information concerning the Phase IB archeological survey, please contact the HPMP Coordinator or the State Historic Preservation Office at http://nysparks.state.ny.us/shpo/archeo or http://www.nysparks.state.ny.us/shpo/environ/forms/ReportStandard.pdf.
Michael Mosher, P.E.
HPMP Coordinator
Hudson River - Black River Regulating District
350 Northern Boulevard
Albany, New York 12204
518-465-3491 (v)
518-432-2485 (f)
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