N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.20

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.20 - Exhibit 20: cultural resources

Exhibit 20 shall contain:

(a) A study of the impacts of the construction and operation of the facility, interconnections and related facilities on archeological resources, including:

(1) a summary of the nature of the probable impact on any archeological/cultural resources identified addressing how those impacts shall be avoided or minimized;

(2) a phase IA archeological/cultural resources study for the area of potential effect (APE) for the facility site and any areas to be used for interconnections or related facilities, including a description of the methodology used for such study;

(3) a phase IB study, if required, as determined in consultation with OPRHP;

(4) where warranted based on phase I study results as determined in consultation with OPRHP, a phase II study based on intensive archaeological field investigations shall be conducted to assess the boundaries, integrity and significance of cultural resources identified in phase I studies. Phase II shall be designed to obtain detailed information on the integrity, limits, structure, function, and cultural/historic context of an archaeological site, as feasible, sufficient to evaluate its potential eligibility for listing on the State or National Register of Historic Places. The need for and scope of work for such investigations shall be determined in consultation with OPRHP and DPS;

(5) a statement demonstrating that all archaeological materials recovered during the facility cultural resources investigation shall be cleaned, catalogued, inventoried and curated according to New York Archaeological Council standards; that to the extent possible, recovered artifacts shall be identified as to material, temporal or cultural/chronological associations, style and function; and that the facility archaeologists shall provide temporary storage for artifacts until a permanent curatorial facility is identified; and

(6) an unanticipated discovery plan that shall identify the actions to be taken in the unexpected event that resources of cultural, historical, or archaeological importance are encountered during the excavation process. This plan shall include a provision for work stoppage upon the discovery of possible archaeological or human remains. In addition, the plan shall specify the degree to which the methodology used to assess any discoveries follows the most recent Standards for Cultural Resource Investigations and Curation of Archaeological Collections in New York State. Such an assessment, if warranted, shall be conducted by a professional archaeologist, qualified according to the standards of the New York State Archaeological Council.

(b) A study of the impacts of the construction and operation of the facility and the interconnections and related facilities on historic resources, including the results of field inspections and consultation with local historic preservation groups to identify sites or structures listed or eligible for listing on the State or National Register of Historic Places within the viewshed of the facility and within the study area, including an analysis of potential impact on any standing structures which appear to be at least 50 years old and potentially eligible for listing in the State or National Register of Historic Places, based on an assessment by a person qualified pursuant to Federal regulation ( 36 C.F.R. 61).

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.20