Buffalo Niagara River Land Trust Inc

DESCRIPTION:BROWNFIELDS ARE REAL PROPERTY, THE EXPANSION, DEVELOPMENT OR REUSE OF WHICH MAY BE COMPLICATED BY THE PRESENCE OR POTENTIAL PRESENCE OF A HAZARDOUS SUBSTANCE, POLLUTANT, OR CONTAMINANT. THIS AGREEMENT WILL PROVIDE FUNDING FOR BUFFALO NIAGARA RIVER LAND TRUST TO CONDUCT ELIGIBLE ASSESSMENT-RELATED ACTIVITIES AS AUTHORIZED BY CERLCA 104(K)(2) IN WESTERN NEW YORK STATE, INCLUDING PROPERTIES ON THE NIAGARA RIVER, BUFFALO RIVER, SCAJAQUADA CREEK, CAYUGA CREEK, AND TRIBUTARIES FROM LAKE ERIE TO LAKE ONTARIO.ACTIVITIES:SPECIFICALLY, THIS AGREEMENT WILL PROVIDE FUNDING TO THE RECIPIENT TO INVENTORY, CHARACTERIZE, ASSESS, AND CONDUCT CLEANUP PLANNING AND COMMUNITY INVOLVEMENT RELATED ACTIVITIES. ADDITIONALLY, THE RECIPIENT WILL COMPETITIVELY PROCURE (AS NEEDED) AND DIRECT A QUALIFIED ENVIRONMENTAL PROFESSIONAL TO CONDUCT ENVIRONMENTAL SITE ACTIVITIES. ALSO, THE RECIPIENT WILL REPORT ON INTERIM PROGRESS AND FINAL ACCOMPLISHMENTS BY COMPLETING AND SUBMITTING RELEVANT PORTIONS OF THE PROPERTY PROFILE FORM USING EPA'S ASSESSMENT, CLEANUP AND REDEVELOPMENT EXCHANGE SYSTEM (ACRES). SUBRECIPIENT:NO SUBAWARDS ARE INCLUDED IN THIS ASSISTANCE AGREEMENT.OUTCOMES:FURTHER, THE RECIPIENT ANTICIPATES CONDUCTING 35 PHASE I AND 4 PHASE II ENVIRONMENTAL SITE ASSESSMENTS. WORK CONDUCTED UNDER THIS AGREEMENT WILL BENEFIT THE RESIDENTS, BUSINESS OWNERS, AND STAKEHOLDERS IN AND NEAR WESTERN NEW YORK STATE, INCLUDING PROPERTIES ON THE NIAGARA RIVER, BUFFALO RIVER, SCAJAQUADA CREEK, CAYUGA CREEK, AND TRIBUTARIES FROM LAKE ERIE TO LAKE ONTARIO. COMMUNITY MEETINGS, CLEANUP PLANS, DOCUMENTS TO INITIATE BROWNFIELDS REVITALIZATION, AND QUARTERLY REPORTS WILL BE CONDUCTED IN CONJUNCTION WITH THESE ACTIVITIES.

THE BUFFALO NIAGARA RIVER LAND TRUST PROPOSAL INCLUDES THE STEWARDSHIP OF CITY OF BUFFALO PROPERTIES, APPROXIMATELY 28.10 ACRES ON THE NORTH BANK OF THE BUFFALO RIVER IN THE CITY OF BUFFALO, ERIE COUNTY, NEW YORK. AWARD PURPOSE U.S. FISH AND WILDLIFE SERVICE, THE TUSCARORA NATION, AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SETTLED THE BUFFALO RIVER NATURAL RESOURCE DAMAGE ASSESSMENT CASE IN 2022, WITH THE FINAL CONSENT DECREE ENTERED BY THE UNITED STATES DISTRICT COURT ON FEBRUARY 22, 2022. PURSUANT TO THE CONSENT DECREE, SECTION VIII, PARAGRAPH 18(B), HONEYWELL SHALL ARRANGE FOR THE RECORDING OF THE APPLICABLE CONSERVATION EASEMENT AND RESTRICTION, IN THE FORM ATTACHED AS APPENDIX E TO THE CONSENT DECREE, FOR CITY OF BUFFALO, NY PROPERTIES HOUGHTON PARK AND EACH OF THE UPSTREAM PARCELS. THE TRUSTEES (THIRD PARTY ENFORCERS), BUFFALO NIAGARA RIVER LAND TRUST (GRANTEE), AND THE CITY OF BUFFALO (GRANTOR) AGREED TO THE FORM OF THE CONSERVATION EASEMENT AND RESTRICTION ATTACHED IN APPENDIX E OF THE CONSENT DECREE. PURSUANT TO APPENDIX E 1 AND E 2 OF THE CONSENT DECREE, PARAGRAPH 7, THE TRUSTEES SHALL PAY TO THE BUFFALO NIAGARA RIVER LAND TRUST A ONE TIME PAYMENT IN THE AMOUNT OF 2,495.00 PER ACRE MULTIPLIED BY THE ACREAGE OF THE CITY OF BUFFALO PROTECTED PROPERTIES (28.10 ACRES) FOR A TOTAL OF 70,110. THE CONSERVATION EASEMENT AND RESTRICTIONS ARE TO ENSURE THAT THE PROPERTIES WILL BE MANAGED, IN PERPETUITY, IN A MANNER CONSISTENT WITH THE CONSENT DECREE RESTORATION PLAN INTENDED USES (OBJECTIVES) BASED ON LAND USE RESPONSIBILITIES AND RESTRICTIONS SET FORTH WITHIN THE CONSERVATION EASEMENT AND RESTRICTIONS. THIS PROJECT WILL PROVIDE ASSURANCE THAT APPROPRIATE LAND USES TO THE PROTECTED PROPERTIES WILL BE RETAINED FOREVER PREDOMINANTLY IN ITS OPEN AND NATURAL CONDITION, TO PROTECT THE NATURAL HABITAT LOCATED ON THE PROTECTED PROPERTY IN PERPETUITY FOR BIRDS, FISH, WILDLIFE, AND HUMAN USE, INCLUDING PROTECTING WETLANDS, UPLANDS, AND STREAM HABITAT, PROTECTING FISH AND WILDLIFE HABITAT AND THE ECOLOGICAL VALUE OF THE LAND, PROVIDING OPEN SPACE PROTECTION, PROTECTING SCENIC AND NATURAL FEATURES AND ALLOWING COMPATIBLE OUTDOOR RECREATIONAL AND EDUCATIONAL USES. ACTIVITIES TO BE PERFORMED AS PART OF THE PROJECT INCLUDE LONG TERM STEWARDSHIP, MONITORING FOR PROHIBITED USES, MANAGEMENT OF HABITAT, PASSIVE PUBLIC USE, PLANTS, FACILITIES AND STRUCTURES, SIGNAGE, CONDUCTING INSPECTIONS, AND NOTIFICATION TO THE U.S. FISH AND WILDLIFE SERVICE AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. BUFFALO NIAGARA RIVER LAND TRUST WILL HOLD THE CONSERVATION EASEMENT AND RESTRICTIONS TO PROTECT THE CITY OF BUFFALO PROPERTIES IMPORTANT TO THE CONSERVATION OF NATURAL RESOURCES. BUFFALO NIAGARA RIVER LAND TRUST WILL CONDUCT SEMI ANNUAL SITE MONITORING VISITS, USE BEST EFFORTS TO REMOVE LITTER, REPORT TO TRUSTEES ANY CONSERVATION EASEMENT AND RESTRICTION VIOLATIONS, AND ANNUALLY PROVIDE A ONE PAGE REPORT TO THE TRUSTEES. U.S. FISH AND WILDLIFE SERVICE WILL PROVIDE WRITTEN RESPONSE (APPROVAL OR DISAPPROVAL) TO REQUESTS FOR USE THE STEWARDSHIP FUNDS BEYOND THE USES IDENTIFIED WITHIN THE CONSERVATION EASEMENT AND RESTRICTIONS, REVIEW AND APPROVE OF THE AFFIRMATIVE RIGHTS INCLUDING THE RIGHT TO ERECT SIGNS, GATES, AND FENCES, AND WILL TAKE ANY AND ALL ACTIONS WITH RESPECT TO THE PROTECTED PROPERTY AS MAY BE NECESSARY OR APPROPRIATE,TO ENFORCE AND REMEDY OR ABATE VIOLATIONS OF THE CONSERVATION EASEMENT AND RESTRICTIONS. DELIVERABLES INCLUDE ANNUAL INSPECTIONS REPORTS, PHOTOGRAPHIC DOCUMENTATION OF CITY OF BUFFALO PROPERTIES. EXPECTED OUTCOMES INCLUDE 1) PRESERVATION AND IMPROVEMENT OF HABITAT ADJACENT TO THE BUFFALO RIVER AND 2) PROTECTION AND ENHANCEMENT OF PUBLIC ACCESS TO, AND USE, INCLUDING RECREATION, OF NATURAL AREAS ADJACENT TO THE BUFFALO RIVER INTENDED BENEFICIARIES ON THE PROJECT INCLUDE THE PUBLIC AND THE NATURAL RESOURCES ADJACENT TO THE BUFFALO RIVER.