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HAZEx LeRoy Retail Phase I Phase I Archaeological Sensitivity Assessment and Survey for the LeRoy Retail Parcel within the Town of LeRoy in Genesee County, New York. H.A.Z.Ex. Report prepared for APD Engineering, PLLC January 2007

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Page 1: Phase I Archaeological Sensitivity Assessment and …hazexplorations.com/wp-content/uploads/report30.pdfCounty: Genesee Project Area (Metric & English): 21 hectares / 52 acres Length:

HAZEx LeRoy Retail Phase I

Phase I Archaeological Sensitivity Assessment and Survey for the LeRoy Retail Parcel

within the Town of LeRoy in Genesee County, New York.

H.A.Z.Ex. Report

prepared for

APD Engineering, PLLC

January 2007

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HAZEx LeRoy Retail Phase I

Phase I Archaeological Sensitivity Assessment and Survey for the LeRoy Retail Parcel

within the Town of LeRoy in Genesee County, New York

– prepared by – H. A. Z. Ex.

Christopher M. Hazel, RPA (Principal Investigator) Joel Rabinowitz, MA (Staff Historian) Historical Archaeological Zoological Explorations - H.A.Z.Ex. 333 S. Geneva St. Ithaca, New York 14850 Tel. 607/ 273-1714 HAZExplorations.com

– prepared for – APD Engineering, PLLC 3445 Winton Place Rochester, New York 14623 APD.com

January, 2007

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HAZEx LeRoy Retail Phase I ii

MANAGEMENT SUMMARY SHPO Project Review Number: Involved State and Federal Agencies: NYS Department of Environmental Conservation. Phase of Survey: IA assessment and IB survey. Location: tract southwest of the corner of the junction of US Route 5 and East Bethany-LeRoy Road. Minor Civil Division: Town of LeRoy County: Genesee Project Area (Metric & English): 21 hectares / 52 acres Length: 668 meters & 2,260 feet Width: 235 meters & 771 feet Number of Acres Surveyed: 48 (not including wetlands, drainages & areas of disturbance) Number of Square Meters & Feet Excavated: 5.28 meters square & 57 feet square USGS 7.5 Minute Quadrangle Map: LeRoy, New York Number & Interval of Shovel Tests: 33 at 1.5 or 15 meters intervals Number & name of prehistoric sites identified: Torrey Site - Isolated Find #19 Number & name of historic sites evaluated: 1 - Keeney Pioneer Homestead Number & name of sites recommended for Phase II/Avoidance: 0 Number of buildings/structures/cemeteries within project area: 1 house. Number of buildings/structures/cemeteries adjacent to project area: 5 standing structures including the previously inventoried 19th Century Chester Wait House Number of previously determined NR listed or eligible buildings near project area: 0 Number of identified eligible buildings/structures/cemeteries/districts: 0 Report Author: Christopher M. Hazel RPA Date of Report: January 24th, 2007

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HAZEx LeRoy Retail Phase I iii

TABLE OF CONTENTS page

Title Page ......................................................................................................................................... i Management Summary...................................................................................................................... ii Table of Contents............................................................................................................................... iii List of Tables...................................................................................................................................... iii List of Photographs ............................................................................................................................ iv List of Figures..................................................................................................................................... iv Introduction ........................................................................................................................................ 1 Background Research........................................................................................................................ 2 Environmental Setting ........................................................................................................................ 2 Cultural Background........................................................................................................................... 3 Methods.............................................................................................................................................. 8 Archaeological Survey Results…....................................................................................................... 9 Survey Conditions ................................................................................................................. 9 Cultural Resources................................................................................................................ 9 Recommendations………………………………………………………………………………………….. 14 References Cited ............................................................................................................................... 15 Appendix A: Photographs .................................................................................................................. 17 Appendix B: Figures........................................................................................................................... 18 Appendix C: Official Correspondence................................................................................................ 19 LIST OF TABLES page

Table 1: LeRoy Retail Parcel Project Area Dominant Soil Types................................................................. 2

Table 2: Archaeological Site Table, LeRoy Retail Parcel, Genesee County. ............................................... 5

Table 3: Shovel Test Inventory for the LeRoy Retail Parcel ....................................................................... 11

Table 4: LeRoy Retail Parcel Artifact Inventory. ......................................................................................... 12

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HAZEx LeRoy Retail Phase I iv

page Appendix A: LIST OF PHOTOGRAPHS

Photograph 1: View north of North Field along abandoned portion of Keeney Road................................A-1

Photograph 2: View southeast of western half of South Field from drainage............................................A-1

Photograph 3: View north of eastern South Field with eastern wetland in background ............................A-2

Photograph 4: View east of push-piles within wetland in northwestern APE.............................................A-2

Photograph 5: Print of “Res. of Allen Kenney” within the 1876 Evert Atlas ...............................................A-3

Photograph 6: View northeast of Keeney House circ. Late 1800s ............................................................A-3

Photograph 7: View east of Keeney House circ 1904 after relocation ......................................................A-4

Photograph 8: View north of site of IF-19 and excavation of ST 8 ............................................................A-4

Photograph 9: View northwest of transportation center northeast of APE ................................................A-5

Photograph 10: View west of offices and businesses north of APE along SR 5 .......................................A-5

Photograph 11: View southeast of wetland & transmission line south of APE from ST 8 .........................A-6

Photograph 12: Possible Brewerton Corner-Notched point.......................................................................A-6

Photograph 13: View northeast of yard surrounding house (H-1) in northwestern APE ...........................A-7

Photograph 14: View south of pavement and gravel lot within H-1 yard ...................................................A-7

Photograph 15: Northwest oblique view of house at H-1...........................................................................A-8

Photograph 16: View southwest of extensive landscaping around foundation of H-1 house....................A-8

Photograph 17: View west of historical marker in northwest corner of APE..............................................A-9

Photograph 18: Southeast oblique of Wait House north of northwestern APE .........................................A-9

APPENDIX B: LIST OF FIGURES

Figure 1: Political map showing the location of the project area................................................................B-1

Figure 2: Map of Genesee County (NGS 2003) ........................................................................................B-2

Figure 3: Batavia USGS Topographic Map Showing the Vicinity of the Project Area (NGS 2003) ..........B-3

Figure 4: Soil map of Genesee County, New York (Wulforst 1969) ..........................................................B-4

Figure 5: Underground Railroad Trail Map from the LeRoy Historical Society (n.d) .................................B-5

Figure 6: 1854 Otley & Rea Map of Genesee County, New York..............................................................B-6

Figure 7: 1866 Beers Atlas of Genesee County, New York.......................................................................B-7

Figure 8: 1876 Robinson Map of Watertown Center, New York................................................................B-8

Figure 9: 1904 Map of Genesee County, New York ..................................................................................B-9

Figure 10: 1912 USPS Carrier Route Map for Genesee County, New York .......................................... B-10

Figure 11: Plan of Project Area............................................................................................................... B-11

Figure 12 Close-up of IF-19 (Torrey Site) ............................................................................................... B-12

Figure 13 Close-up of Site H-1 ............................................................................................................... B-13

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HAZEx LeRoy Retail Phase I 1

INTRODUCTION This report details the results of a Phase I Archaeological Sensitivity Assessment and

Survey of a tract of land in the Town of LeRoy, Genesee County, New York. HAZEx, of Ithaca, New York, conducted the investigations at the request of APD Engineering of Rochester, New York for the LeRoy Retail Parcel. The Sensitivity Assessment and Survey was conducted between November, 2006 and January, 2007 in anticipation of the construction. The Project Area or the Area of Potential Effect (APE) includes the footprint of possible retail centers, parking lots, access roads, utilities, trails, water management and landscaping covering the majority of the tract. The purpose of the survey was to determine the APE sensitivity to contain cultural resources and to identify National Register properties that might be affected by the construction. Since the construction will be permitted through the State of New York Department of Environmental Conservation (NYSDEC), the survey was conducted in compliance with the State Environmental Quality Review Act (SEQRA). The Stage IA background investigations were undertaken by Chris Hazel, Joel Rabinowitz, and Alex Lovallo. Chris Hazel is qualified as consulting archaeologists under National Parks Service and NYS Office of Parks, Recreation, and Historic Preservation guidelines, as required for compliance surveys under 33 CFR 61 and Section 14.09 of the NYS Parks Law. Murat O’Hara, Chris Hazel, and Joel Rabinowitz conducted the Phase IB field investigations, artifact analysis, and prepared this report in accordance with New York State Historic Preservation Office (SHPO) guidelines and the New York Archaeological Council’s Standards for Cultural Resource Investigations and the Curation of Archaeological Collections in New York State (NYAC 1994). Project Area Description The LeRoy Retail APE is located within the Town of LeRoy 203 meters (m) west of the Village of LeRoy within eastern Genesee County (Figures 1 & 2). The APE is 0.4 miles west of the Oatka Creek, the nearest permanent drainage (Figure 3). The APE lies immediately south of the southern edge of the right of way (ROW) of NYS Route 5 (West Main Sreet) and west of the western ROW of East Bethany-LeRoy Road. The tract is accessed via a gravel road south of Keeney Road leading off of Route 5. The APE is currently harvested vegetable fields, wetlands, and an occupied house with a 2 acre yard and parking lot (Photos 1-3). The APE is composed of a semi-rectangular shaped tract of land with a maximum length of 668 m and a maximum width of 235 m and covering approximately 52 acres (Figures 3). The northwestern corner of the APE is located immediately west of the junction of Keeney Road and Route 5. The southeastern corner is located on the west side of East Bethany-LeRoy Road at a point 244 m south of the junction with Munson Road. The proposed construction includes a retail center, parking lots, access roads, utilities, fencing, water management facilities, and landscaping. These proposed features will cover the entire northern half of the project area and a small portion of the south field. The survey of the remainder of the southern portion of the APE was conducted in anticipation of the possible future development of this area for a retail center.

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HAZEx LeRoy Retail Phase I 2

BACKGROUND RESEARCH

ENVIRONMENTAL SETTING Topography Within western New York, Genesee County straddles the boundary between the Ontario Lowlands physiographic province covering the northern two-thirds of the county, and the Allegheny Plateau province to the south. The project area itself is located within the Ground Moraine subregion of the Ontario Lowlands physiographic province (Wulforst et al. 1969), where the topography is gently rolling, low and hummocky. The terrain was affected by the retreat of the Wisconsin glaciation, leaving glacial deposits such as ground moraines and drumlins (Isachsen et al. 2000). Rock formations of the Devonian period underlie the region. The project area consists mostly of plowed fields, which do not vary greatly in elevation, ranging from 887 to 909 above mean sea level (amsl). Drainage Two branches of a minor seasonal drainage flow east-northeast across or on the edge of the project area. The northern branch divides the fields of the project area into two roughly equal halves, while the southern branch flows parallel to the southern boundary of the project area. Portions of three small wetlands are also located within the APE covering nearly 3 acres. The nearest major drainage is Oatka Creek 0.6 km southeast of the southern end of the APE. Soils The soils of the APE belong to the Lima-Kendaia Association (Wulforst et al. 1969, Figure 4)). They are deep, moderately well-drained to somewhat poorly-drained, with medium-textured subsoils. Specific soil types present in the APE are summarized below. Analysis indicates that cultural materials may be found between 0-25 cm for these soil types. Table 1: Summary of Soil Types within APE.

Name Abbreviation % Soil Horizon Color Texture, Slope Drainage Landform Depth cm (in) Inclusions %

Ovid Silt OvA 20 A 0 - 25 cm V Dk GBr SiLo 0 - 3 Somewhat OntarioLoam (0 - 10 in) poorly Lowlands

B 25 - 61+ cm RBr SiLo (10 - 24+ in)

Ovid Silt OvB 17 A 0 - 25 cm V Dk GBr SiLo 3 - 8 Moderately OntarioLoam (0 - 10 in) well Lowlands

B 25- 61+ cm RBr SiLo (10 - 24+ in)

Lyons and LpA 25 A 0 - 25 cm V Dk Gry SiLo 0 - 3 Poor OntarioKendaia (0 - 10 in) Lowlands

Silt Loam B 25 - 41 cm Lt Gry/ SiLo (10 - 16 in)

Ontario Silt OnB 15 A 0 - 25 cm Dk Br Lo 3 - 8 Well OntarioLoam (0 - 10 in) Lowlands

B 25 - 41 cm Br Lo to SaLo (10 - 16 in)

Hilton HlB 18 A 0 - 25 cm Dk Br Lo 3 - 8 Moderately OntarioLoam (0 - 10 in) well Lowlands

B 25 - 53 cm Dk Br/ Lo (10 - 21 in) Pale Br

Romulus Silt Rs 5 A 0 - 25 cm V Dk G/Blk SiLo Level Poor OntarioLoam (0 - 10 in) Lowlands

B 25 - 61+ cm RBr SiLo (10 - 24+ in)

Color: Br - Brown, Blk - Black, Gry - Gray, GBr - Gray Brown, StrBr - Strong Brown, RBr - Red Brown, YBr - Yellow Brown

Soils: Cl - Clay, Lo - Loam, Si - Silt, Sa - SandOther: / - Mottled, Grv -Gravel, Cbs - Cobbles, Pbs - Pebbles, Rts - Roots

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HAZEx LeRoy Retail Phase I 3

Climate Genesee County has five months of growing season with moderately warm summers and cold winters with average temperatures varying from 67 to 27 degrees F between the seasons (Wulforst et al. 1969). Precipitation is evenly distributed throughout the year with an annual rainfall of 36 inches resulting in an average of 88 inches of snow (Wulforst et al. 1969). Prehistoric climates varied significantly from the present day. Prior to 12,000 years, the Laurentide Ice Sheet and then the fossil Lake Iroquois covered the region. When the ice sheets retreated north and this lake drained into the Mohawk Valley, this part of northern New York became a mixture of tundra and boreal forest with a climate approximately 10 degrees colder than today (Shane 1994). This environment supported mega-fauna and persisted for 2,000 years. Around this time until 6,000 years BP a series of relatively rapid changes in temperature and rainfall gradients during the Holocene (Hypsithermal) significantly altered vegetation patterns (Shane 1994). In general, climate reconstructions document a long transition from a post-Pleistocene environment including more boreal taxa to a warmer and drier climate containing pine forests (Isachsen et al. 2000). The climate became slightly warmer and the present day north-south precipitation gradient was established by 6,000 years BP leading to a diverse mixed coniferous-deciduous forest (Shane 1994). Flora and Fauna The flora within the vicinity of the tract is within the Canadian-Carolinian Biotic Province and consists of a mixed coniferous-deciduous forest community (Cleland 1966). Large areas of tundra and stands of spruce, fir, birch and aspen would have predominated during the Early Archaic prior to the hypsithermal (Isachsen et al. 2000). The forests were dominated during the warm dry hypsithermal by red pine with limited under-story vegetation, resulting in poor species diversity. The growth of maple-oak-hickory deciduous forest mixed with pine and cedar developed with the increased precipitation following this period (Isachsen et al. 2000). Economically useful woody plant species identified within the vicinity of the tract include honey-suckle, maple, oak, fruit trees, and various berry bearing brambles (Martin et al. 1951). Mason (2002) notes at least 373 indigenous plants collected proto-historically for consumption and other uses within the forests, wetlands and grasslands within the Canadian-Carolinian Province. The faunal resources of the study area would have been both varied and plentiful during the prehistoric and early historic periods. Mammalian fauna common to the tract historically, and probably prehistorically, include over a score of big game and furbearers (Olsen 1964; Martin et al. 1951). Mammals that would have been present prehistorically include the bison, elk and timber wolf. Upland game birds and several species of migratory birds would have been present prehistorically and historically (Martin, et al. 1951).

CULTURAL BACKGROUND

The region south of Lake Ontario has been occupied by prehistoric peoples since about 11,500 years before present (BP). The extent of Wisconsin Age glaciation over the territory of eastern Canada and the northeastern United States up to about 11,500 BP would have precluded human access to these regions prior to that date (Mason 2002). Fluted Paleoindian bifaces have been found sporadically throughout western and central New York, including two in the Genesee Valley and two in central Genesee County (Ritchie 1994) and have been excavated in association with mastodon bones at a farm in the Town of Byron, just northwest of the Town of LeRoy (Conklin 2001). More significant than individual finds, however, is the fact that the long east-west series of Onondaga chert quarries—stretching from northwest of Seneca Lake to Lake Erie—was an important source of toolmaking material for PaleoIndian groups whose sites have been excavated to the south of New York State (Carr, Adovasio and Pedler 2001).

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HAZEx LeRoy Retail Phase I 4

The first well-defined cultural manifestation in western New York is the Late Archaic Lamoka, typified by narrow-bladed projectile points and a distinctive toolkit that included beveled adzes (Ritchie 1994). Lamoka sites have been identified in the Genesee drainage, such as Woodchuck Hill located where Oatka Creek drains into the Genesee (Ritchie 1994, Mason 2002). Another Late Archaic cultural tradition, the Laurentian, typified by Brewerton projectile points, is also strongly represented in the region (Mason 2002). The Meadowood Phase of the Early Woodland period (ca. 3,000 BP) has also been established in western New York (Ritchie 1994). In the Late Woodland period, sites with typical Iroquoian characteristics, such as fortifications, appear in western and central New York. Many village, mound, burial and fortification sites are reported by Parker (1922) for northwestern, central and eastern Genesee County. Three miles north of the Village of LeRoy is a large earthwork and cemetery site documented by E.G. Squier and partially excavated by H.C. Follett, who labeled it an Iroquoian site (Parker 1922). Archaeological site inventories record 14 prehistoric sites and one historic Seneca site within 1.6 km of the APE (Table 2), and an additional eight prehistoric sites within 3 km. Most of these are camp sites of unidentified cultural affiliation listed by Parker or Follett and located along Oatka Creek. An exception is the village or camp site NYSM 3351 (A03709.000044) located 0.6 km west of the APE (Parker 1922). A very large site (NYSM 8664) along the APE is the proto-historic Tonawanda Trail that extended east from the Seneca Tonawanda Reservation in northwestern Genesee County to LeRoy. This trail parallels SR 5 from Batavia to LeRoy and would have paralleled or perhaps cut across the northern section of the APE. The trail is part of a longer Indian road, known historically, that ran from Niagara in the west to the Albany area (Morgan 1962). Three of the eight prehistoric sites that are just beyond 1.6 km of the APE yielded culturally identifiable artifacts associated to the Archaic period. The McGown Site (A03709.000035) is a multi-component camp site dating from the Late Archaic to the Early Woodland period and included a birdstone made of Ohio slate. The Dusen Balonek Site (A03709.000035) associated to the Brewerton Phase of the Laurentian tradition and the Summit Road Site (A03709.000037) are both Late Archaic camp sites During the early contact period the APE fell within a large territory belonging to the Seneca nation. Iroquois conquest of Indian nations to the west such as the Erie, opened up western New York to the Seneca for settlement during the 17th and 18th Centuries. Morgan (1962) provides a number of Seneca geographical names for Genesee County, including Te-car’-no-wun-na-dä’-ne-o (many rapids) for the rapids along Oatka Creek where LeRoy was settled and O’ăt-kä meaning "the opening." The Senecas occupied the Village of LeRoy during historic times. Parker (1922) documents a Seneca camp site on the east side of Oatka Creek along Church Street in LeRoy, "near the waterfall." This site (NYSM 3354; A03741.000170) was recorded by Parker as “Tecahnowunnadaneo." The campaign into “Iroquoia” during the American Revolution under Generals Sullivan and Clinton in 1779 led directly to Euro-American settlement of western New York and the region of Genesee County. Immediately after the Sullivan Campaign, the refugee Senecas settled into their existing villages west of the Genesee River, including Tonawanda and Chenussio (Turner 1976). After the Revolutionary War, a series of treaties resulted in the settling of the land claims of Massachusetts and the 1788 purchase by Oliver Phelps and Nathaniel Gorham of land formerly controlled by the Senecas (Turner 1976). This Genesee Tract consisted of 2.6 million acres, of which the westernmost 1.2 million acres was purchased by Robert Morris in 1790. He sold large pieces of this tract to preferred creditors including the "Triangle Tract," the southern point of which included lands that became the Village of LeRoy. Just to the west of the village was another large tract that was sold to a group headed by Andrew Cragie (or Craigie). The project area is located within the original "Craigie Tract."

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HAZEx LeRoy Retail Phase I 5

Table 2: Archaeological Site Inventory Table, LeRoy Retail Parcel, Genesee County. Site Number

Site Name

Distance from project area / distance from water source

Elevation amsl Slope

Cultural Affiliation / Site Type

Testing / Artifacts

Report

1) prehistoric NYSM 3338

ACP GNSE 16

Very lg general area begins approx 366 m (1200 ft) E & extends onto LeRoy Quad / vicinity Oatka Creek & tributary

Approx 259-268 m (850-880 ft); flat-gentle

Unidentified prehistoric Camp

Projectile points and chippings and some worked stone found by Follett.

Documented by Parker.

2) prehistoic NYSM 8664

ACP GNSE Very lg general area including PA & extends W onto LeRoy Quad / includes tributary Oatka Creek

256-274 m (840-900 ft); flat-gentle

Unidentified prehistoric Trail

No information “

3A ) prehistoric NYSM 3351

ACP GNSE 29

General area 0.6 km (0.4 mi) W / within 305 m (1000 ft) of wetland

274-283 m (900-930 ft); flat-gentle

Unidentified prehistoric Village

“ “

3B) prehistoric A03709.000044

Relic Site; Follett 200

General area 0.6 km (0.4 mi) W / 396 m (1300 ft) from water

283 m (930 ft); flat

Unidentified prehistoric Camp

No information. Same approx. location as ACP GNSE 29;

Documented by Follett

4) prehistoric A03741.000169

Spillway Site; Follett 180

1.6 km (1 mi) E / adj E of Oatka Creek

265 m (870 ft); gentle

Unidentified prehistoric Camp

No information “

5) HNA A03741.000170 NYSM 3354

Ta-car-na-wun-da-ne-o; Follett 244; ACP GNSE-32

1.6 km (1 mi) E / 91 m (300 ft) E of Oatka Creek

270 m (885 ft); flat

Probably Historic Native American Seneca Camp

“ Documented by Parker & Follett

6) prehistoric NYSM 3348

ACP GNSE-26

Lg general area includes PA; extends onto Stafford Quad / vic of Oatka Creek & tributary

256-274 m (840-900 ft); flat-gentle

Unidentified prehistoric Small village and possible midden

Quantities of bone found during plowing

Documented by Parker

7) prehistoric A03741.000172

Oatka Creekside 1; Follett 217A

0.8 km (0.5 mi) SE / 91 m (300 ft) E of Oatka Creek

270 m (885 ft); gentle

Unidentified prehistoric Camp

No information Documented by Follett

8) prehistoric A03709.000046

Oatka Creekside 2; Follett 217B

1 km (0.6 mi) SE / 91 m (300 ft) E of Oatka Creek

276 m (905 ft); gentle

Unidentified prehistoric Camp

“ “

9) prehistoric NYSM 3349

ACP GNSE 27

General area 1 km (0.6 mi) SE / within 305 m (1000 ft) E Oatka

268-274 m (880-900 ft)

Unidentified prehistoric Camp

Parker noted that site was obliterated

Documented by Parker

10) prehistoric NYSM 3352

ACP GNSE-30

General area 0.8 km (0.5 mi) SE / adj + Oatka Creek

Approx 274 m (900 ft)

Unidentified prehistoric Camps

No information “

11) prehistoric NYSM 8667

ACP GNSE General area 1.3 km (0.8 mi) + S / includes Oatka Creek

274-280 m (900-920 ft)

Unidentified prehistoric Camp

“ “

12) prehistoric A03709.000047

Oatka Creekside #3; Follett 217C

1.1 km (0.7 mi) S / 122 m (400 ft) from Oatka Creek

277 m (910 ft); flat

Unidentified prehistoric Camp

“ Documented by Follett

13) prehistoric A03709.000048

Oatka Creekside #4; Follett 217D

1.3 km (0.8 mi) S / 152 m (500 ft) from Oatka Creek

“ Unidentified prehistoric Camp

“ “

14) prehistoric NYSM 3379

ACP GNSE Lg general area begins 1.1 km (0.7 mi) S / along Oatka Creek

274-280 m (900-920 ft)

Unidentified prehistoric Traces of occupation

“ Documented by Parker

15) prehistoric NYSM 3350

ACP GNSE-28

General area 3.2 km (2 mi) + S / along Oatka Creek

274-287 m (900-940 ft)

Unidentified prehistoric Small camp

“ “

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HAZEx LeRoy Retail Phase I 6

The Village of LeRoy grew from one of the earliest Euro-American settlements in Genesee County. Genesee County was organized in 1803, and the Town of LeRoy was established in 1812. Among the early settlers of the area was the Keeney family of Connecticut. An historical marker at the northwest corner of the APE commemorates the "pioneer farm" begun in 1815 by Joseph and Mary Bishop Keeney and the birthplace of their grandson Calvin Keeney, a noted plant breeder. Calvin's father, Nicholas Bishop Keeney, worked the family farm until 1856 when he went into the produce business (Belluscio 2004). In 1872 Calvin Keeney joined his father in the family business and Calvin experimented with the breeding of beans, the best known of which became popular as Burpee's Stringless Green Pod. He also began other businesses, including LeRoy National Bank, LeRoy Salt Co. and the LeRoy Canning Co. (Keeney 2006). It is known that an Underground Railroad route went through the LeRoy area. The LeRoy Historical Society traces this route, and indicates that it ran from the south past the Keeney homestead and north along Keeney Road to the MacDonald “station” (LHS n.d.)(Figure 5). On the 1854 Otley & Rea map, two map-documented structures (MDS) associated with the name "Keeny" are shown at the junction of SR 5 and Keeney Road (Figure 6). One, at the southwest corner of the crossroads, has the name "N(icholas) B(ishop) Keeny." The other, on the northeast corner, is labeled "A(llen) Keeny." The first of these is located in the northwest corner of the APE. It should be noted that this 1854 map is the only historic map to show an extension of Keeney Road south of the main road. The old sunken roadbed can be seen today, just east of the existing house. The 1866 Beers map shows two MDS in the same position as those on the 1854 map, and the one on the north side of the road is named "A. Keeney" (Figure 7). The structure on the south side, however, now has the label "A.K.” On the 1876 Everts map, the ownership of both MDS, as well as adjacent large farm parcels, is indicated as Allen Keeney (Figure 8), Nicholas's oldest brother. The 1876 map also indicates that the majority of the APE excluding the northwest section was owned by J.F. Husted. The 1876 atlas of Genesee County also contains a print illustration of the Allen Keeney homestead and farm (Photo 5). Two undated photographs appear to be all that remain of the original Keeney homestead (Photos 6 & 7). According to a note on the back of the later photograph, the house was "moved back and a new house built on the site by Wm Padden". An early 20th The New Century Atlas of 1904 shows a MDS in the northwest section of the APE, labeled "W. Paddon" (Figure 9). The 1912 USPS map of the area shows unlabeled structures along the east-west road, and notes the word "Kinney" [sic] at the intersection with Keeney Road (Figure 10). No MDS from the numerous sources were found within the APE other than the structure in the northwestern corner. Survey Reports conducted within minor civil division (MCD): OPR Report #25. Stage IB Cultural Resource Reconnaissance Survey for Proposed Sanitary Sewer Line and Creekside Park Improvements, Village and Town of LeRoy, Genesee County, NY, Rochester Museum, 11/88 for DEC. One prehistoric site, A03709.000034 (beyond 1.6 km, but not far over; refer to Item 1, site e above) within 60 acres. AND Stage II; 11/88; 1575 sq ft. OPR Report #33. Stage IA/B Archaeological Assessment for LeRoy Central School Gas Well #3 and 4, Town of LeRoy, Genesee County, NY, Rochester Museum, 10/90 for DEC. No sites within 0.1 acres. OPR Report #34. Stage IA/B Cultural Resource Investigations for LeRoy Subdivision, Village of LeRoy, Genesee County, NY, Rochester Museum, 9/91 for SEQRA. No sites within 23.2 acres. OPR Report #43, 93PR1163. Stage IA/B Cultural Resource Investigations for Proposed Diehl Mine, Town of LeRoy, Genesee County, NY, Rochester Museum, 5/93 for DEC. One prehistoric site, A03709.000057 (Churchville Quad) within 25 acres.

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OPR Report #55, 91PR1743 (Livingston County #96). Stage IA/B Cultural Resource Survey for CNG Transmission Corporation Pipeline TL-493, Genesee and Livingston Counties, NPW Consultants, 12/91 for FERC. No sites within five acres. OPR Report #58, 98PR0996. Stage IA/B Cultural Resource Investigations for LeRoy Assisted Living Facility, Town of LeRoy, Genesee County, NY, Panamerican, 5/98 for FHA. No sites within 11.3 acres. NOTE: lies near proposed project; excerpts enclosed for context. OPR Report #64. Stage IA/B Archaeological Report for Seneca Power Partners of LeRoy-Batavia Natural Gas Pipeline, Towns of LeRoy, Stafford and Batavia, Genesee County, NY, Kirk Butterbaugh, 7/92 for PSC. No sites within 91.5 acres. OPR Report #72, 99PR2948. Stage IA/B Cultural Resource Investigations for Proposed East Pit Area of the Diehl Mine and Archaeological Monitoring of Stripping Area of Topsoil in West Pit Area, Town of LeRoy, Genesee County, NY, Rochester Museum, 7/99 for DEC. No sites within 12 acres. OPR Report #75, 00PR0960. Stage IA/B Cultural Resource Investigations for LeRoy By-Pass Water Main Route, Town of LeRoy, Genesee County, NY, Commonwealth Cultural Resource Group, Inc., 2/00 for SEQRA. No sites within 2.7 acres. NOTE: lies near proposed project area; excerpts enclosed for context. OPR Report #78, 99PR1243. Stage IA/B Cultural Resource Investigations for 87 North Lake Street Development, Village and Town of LeRoy, Genesee County, NY, Commonwealth Cultural Resource Group, 4/00 for HUD. No sites within 1.6 acres. OPR Report #80, 00PR2790. Stage IA/B Archaeological Survey for Loren Wolf Hay Storage Barn/Heifer Housing, Town of LeRoy, Genesee County, NY, Ladd Archaeological Services, 8/00. No sites within 0.1 acres. OPR Report #81, 98PR3337. Stage IA/B Cultural Resource Survey for Leigh Valley Water Project, Town of LeRoy, Genesee County, NY, Pratt & Pratt, 8/00 for SEQRA. No sites within 4.6 acres. OPR Report #92, 01PR2752. Stage IA/B Cultural Resource Investigations for Town LeRoy Water District No. 6 (Route 19, Cole Road, Perry Road), Town of LeRoy, Genesee County, NY, Commonwealth Cultural Resource Group, 2/02 for RD. No sites within three acres. OPR Report #97, 01PR5965. Stage IA/B Archaeological Report for Clark Lime Pit, Town of LeRoy, Genesee County, NY, Kirk Butterbaugh, 5/03 for CORPS. No sites within two acres. OPR Report #98, 03PR3825. Stage IA/B Cultural Resource Reconnaissance Survey for Proposed Diehl Mine Expansion Area, Town of LeRoy, Genesee County, NY, Rochester Museum, 8/03 for DEC. No sites within 17 acres. OPR Report #100, 02PR4792. Stage IA/B Cultural Resource Investigations for LeRoy Consolidated Water District Extension No. 1 (West Bergen, Randall and Selden Roads), Town of LeRoy, Genesee County, NY, Carolyn Pierce, 1/2004 for RD. No sites within 10.1 acres. AND Addendum; 2/05; 0.3 acres; no sites. OPR Report #106, 04PR5693. Stage IA/B Cultural Resource Investigations for Proposed Mystic Meadows Subdivision, Town of LeRoy, Genesee County, NY, Ladd Archaeological Services, 10/04 for SEQRA. One prehistoric site, A03709.000006 (Churchville Quad) within 85 acres.

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OPR Report #115, 05PR5507. Stage IA/B Cultural Resource Investigations for Proposed Monroe County Water Authority North Road Transmission Project, Town of LeRoy, Genesee County, NY, Powers and Teremy, 9/05 for SEQRA. No sites within 6.9 acres. National Register listed and eligible properties within, adjacent or within view shed of project area: NRE Districts: 2-71 West Main Road, 1-80 Main Street, 1-147 East Main Road None of the NRE lie within view shed of project area. No NRL within town of LeRoy. The NRL (Post Office, Keeney House and LeRoy House/Union Free School) within the Village of LeRoy all lie out of the view shed of the project area; located at 2 Main Street, 13 West Main, and 23 and 23B East Main. Inventoried structures within, adjacent or within view shed of project area: 03709.000015, 7077 West Main Road, Wait House 03709.000016, 7175 West Main Road, Champion Barone House Eighteen archaeological surveys have been conducted within the Town of LeRoy, encompassing 361 acres (see Survey Report list, above). Of these, the survey that came closest to the project area was for a water system bypass project, and was conducted along Keeney Road opposite the present project area (CCRG 2000). Another archaeological survey near the APE was conducted on 11.3 acres on the west side of the Village of LeRoy, in anticipation of the construction of an assisted living facility (Hayward 1998). No sites were found in either of these surveys, and in fact only three sites including the Brewerton Archaic Site A03709.000034 were found during the 18 surveys listed above. Two inventoried historic houses are within less than a mile of the project area. One of these, the Wait House (03709.000015), is located across SR 5 from the northwest section of the project area. This limestone block house was built in 1831 by Chester Wait, who owned the greater part of Lot 5 north of the main road during the 19th Century. The other inventoried house (903709.000016) is west of the LeRoy village limits on the north side of SR 5. It is the only example of a cobblestone house in the Town of LeRoy and was built by John Champion in the 1830’s. Prehistoric and Historic Site Sensitivity Prehistoric site sensitivity was considered high for areas of the project area within a 100 meters of wetlands and unnamed drainages within the eastern and southern portions of the project area and moderate throughout the remainder of the project area due to the potential proximity of the Tonawanda Trail system dating to the earliest histories of the region (Parker 1922). Historic site sensitivity was considered high for the northwestern section of the project area surrounding the farmhouse. Historic site sensitivity was considered moderate for the fields, which constitute the bulk of the project area, and for the western edge of the northern field, which is the former location of a 19th Century southern extension of Keeney Road.

METHODS A walkover was conducted over 100% of the project area, prior to and concurrent with the controlled visual inspection and shovel testing. Current environmental conditions, vegetation, evidence of disturbance or significant agricultural and landscaping alterations, and the existing structures and transportation and utility features were noted. Photographs were taken and sketch maps were made of features and landforms thought significant. Subsurface test excavations (ST) were conducted within blocks with ST spaced at 15 meter intervals within the eastern-most portion of the south field and the 3 acre additional lot in the northwest APE (Figure 11). All soils were sifted through 0.25” hardware cloth and all cultural material was recorded within natural levels. All soils encountered and artifacts identified within ST

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were noted on standard forms. ST were not excavated within obvious recent disturbance such as wetlands, paved or gravel pads and parking lots (see Results). Visual inspection (VI) was conducted along 54 transects spaced at 5 meter intervals within the south and north fields. The size of ST was 50 centimeters in diameter and all were excavated 10 centimeters into subsoil or compacted gravel. Only ephemeral and recent artifacts were identified within subsurface investigations. Therefore, no additional ST were excavated in the vicinity of original ST that were positive for artifacts. The vicinity of significant artifacts (isolated finds - IF) recorded during VI were further investigated with additional VI transects spaced at 1 meter intervals and ST located at the find spot and in the four cardinal directions spaced at 1.5 meter intervals (Photo 8). All prehistoric artifacts and chronologically sensitive historic artifacts were collected and given an exact provenance. The locations of all IF were recorded in relation to the drainage bisecting the fields. Ephemeral historic (isolated within open pasture) and recent artifacts were noted and discarded within the field. Collected artifacts were washed and sorted into groups and specific types for final analysis and curated in museum quality containers. Analyses included the standard measurement of artifact attributes (Justice 1995).

ARCHAEOLOGICAL SURVEY RESULTS Survey Conditions Vegetation within the majority of the APE within the fencerows along old property lines consists of young brushy species typical of an overgrown pasture with diffuse larger hardwoods and fruit trees. Brush species included thick stands of chokecherry, honeysuckle, sumac, cottonwood and willow. The wetlands covering approximately 3 acres of the APE were covered standing water and marshy grasses. The two acres surrounding the existing house are covered in mown grasses with scattered mature maples and a windbreak of red pines. The majority of the APE is cultivated vegetable field with the remains of a partially harvested cucumber crop. Recent disturbance within and adjacent to the project area includes improvements (culverts) to the west-east drainage crossing the APE, the construction of a high tension power line along the southern edge of the APE, the demolition of numerous recent structures within the northwestern portion the APE and the creation of a debris pile within the northwestern wetland, and extensive landscaping and paving (1 acre) of the yard in the northwestern corner of the APE. Culural Resources The only substantial structure within the APE is a large house surrounded by a maintained yard in the northwestern APE (Site H-1 described below). The poured foundations of a recent bantam chicken coop, a vinyl above ground pool, and a small aluminum shed were also identified within the southeastern portion of the yard. Other structures in the immediate vicinity of the APE include the inventoried Chester Wait House (037-09-000015), across SR 5 from the northwest portion of the APE, and the one-story concrete block transportation center at the corner of East Bethany-LeRoy Road and SR 5, which is bounded on the west and south sides by the APE (Photo 9). Across SR 5 from the transportation center and east of Keeney Road is a series of five one-story structures containing small business offices and a laundry (Photo 10). On the east side of East Bethany-LeRoy Road on SR 5 is a one-story 20th Century stone masonry house with a new vinyl sided roof. A total of 33 ST that demonstrate that the soil conditions are consistent with the county soil survey were excavated within the APE (Table 3, Figure 11). Visual inspection along the 106 transects uncovered an isolated prehistoric projectile point (IF-19) described below. No additional prehistoric artifacts were observed along the 23 additional VI transects spaced at 1 meter intervals examined within the 30 meter square area surrounding IF-19 (Photo 11 and Figure 12). The 9 ST excavated at and around IF-19 did not uncover any artifacts and

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revealed soil profiles typical of a chisel-plowed field with no discernable buried soil horizons overlying subsoils (Table 3). The isolated projectile point was found in the APE at IF-19 (Figure 13). This point was fashioned from a light gray, opaque crypto-crystalline material (chert). The point is lanceolate but missing the distal end and a shoulder (Photo 12). Thin in cross-section, one face of the point is relatively flat while the other face is convex. As shown in Photo 12 (with the convex face up), the basal and both blade edges are excurvate. The basal and one of the blade edges also presents percussion flaking. The intact shoulder displays a barb that extends out and downward beyond the basal ear, giving the point a corner-notch. The following metric attributes were also noted for the fragmentary point: Measurement millimeters

Length (fragmentary) - 32.0 Blade Length (fragmentary) - 23.4 Stem/Haft Length - 8.6 Shoulder Width (fragmentary) - 25.5 Neck Width - 11.2 Basal Width (fragmentary) - 12.3 Maximum Thickness - 6.2 An analysis of the features of this point suggests that it may be classified as Brewerton Corner-Notched. Although the point is missing a shoulder and basal ear on one side, the preservation of these features on the opposite side facilitates identification. The relative broadness of the blade combined with the form of the intact shoulder/haft juncture and an excurvate edge conform well to the Brewerton Corner Notched cluster as described by Justice (1995). Although both Brewerton Side Notched as well as Brewerton Corner Notched points are included within this cluster, the latter typically present more of a downward barb than the former. Brewerton points are typical of the Late Archaic Laurentian tradition in New York State, and date approximately from 5,000-4,000 BP (Ritchie 1997; Justice 1995). Only ephemeral or recent artifacts were observed during the survey within the remainder of the APE. Ephemeral historic artifacts were collected at a total of 27 isolated find spots (IF) within the agricultural fields and within 2 ST in the northwestern APE. These ubiquitous and widely scattered (Figure 11) historic artifacts comprised 882 grams of brick and 27 artifacts from the kitchen, architecture, activity, faunal, and personal groups (Table 4). Site H-1 Description The house in the northwestern corner of the APE is at the location of a MDS dating to the 1850s (Photos 13-16). The house is a 2.5 story frame double gabled structure built on a foundation consisting of both limestone and cement block portions. The structure has been repeatedly remodeled during the past few decades. Renovations include a one-story level roof addition, a porch, a repointed foundation, a new septic field, vinyl siding and replacement windows. The “yard” surrounding the house is covered in macadam and gravel parking lots and drives with only a few small patches of undisturbed grass surrounding the half dozen mature hardwoods within the yard (Figure 13). A total of 17 ST were excavated in the undisturbed portions of the lot surrounding this house site (Figure 13). It was impossible to excavate ST within <5 meters of the foundation due to the presence of landscaping, security, sewer, and driveway features (Photo 16). ST excavations revealed a buried gravel layer immediately underneath most of the grass in the southern and western yard. The ST along the western edge of an old road bed running south the house and SR 5 all contained fragmented shale mixed with gravels and may be associated to a stone dike or demolished foundations. Artifact density was low throughout the yard (Table 4). Sterile subsoils were identified immediately below the gravel and shale suggesting that the soils within the yard have been cleared and deposited in the northwestern wetlands.

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Table 3: Shovel Test Inventory for the LeRoy Retail Parcel Phase I.

Depth Depth Depth ST Soil Soil Soil Artifacts Artifacts Artifacts 1 0 – 24 24 - 36 Dk Yl/Br SiLo Yl/Br SiLo

2 0 – 29 29 - 36 Dk Yl/Br SiLo Yl/Br SiLo 3 0 – 25 25 - 35 Dk Yl/Br SiLo Yl/Br SiLo

4 0 – 23 23 - 34 Dk Yl/Br SiLo Yl/Br SiLo 5 0 – 21 21 - 32 Dk Yl/Br SiLo Yl/Br SiLo 6 0 – 25 25 - 35 Dk Yl/Br SiLo Yl/Br SiLo 7 0 – 26 26 - 34 Dk Yl/Br SiLo Yl/Br SiLo 8 0 – 28 28 - 50 Dk Yl/Br SiLo Grv Yl/Br SiLo

Grv

8 – W3

0 – 25 25 - 35

Dk Yl/Br SiLo Grv Yl/Br SiLo 8 –

W1.5 0 – 28 28 - 38

Dk Yl/Br SiLo Grv Yl/Br SiLo 8 - S3

0 – 30 30 - 40

Dk Yl/Br SiLo Grv Yl/Br SiLo 8 –

S1.5 0 – 25 25 - 35

Dk Yl/Br SiLo Grv Yl/Br SiLo 8 - E3

0 – 26 26 - 36

Dk Yl/Br SiLo Grv Yl/Br SiLo

8 – E1.5

0 – 25 25 - 35

Dk Yl/Br SiLo Grv Yl/Br SiLo 8 – W3

0 – 26 26 - 36

Dk Yl/Br SiLo Grv Yl/Br SiLo 8 –

W1.5 0 – 27 27 - 37

Dk Yl/Br SiLo Grv Yl/Br SiLo 9 0 – 30 30 - 40 DkYlBr SiLo Grv DkYlBr /

YlBr SiLo Grv

10 0 – 25 25 - 35 DkYlBr SiLo Grv YlBr SiLo

Grv

Key: Dark - Dk, Light - Lt, Very – V Yellow - Yl, Brown - Br, Grey – Gr Silt - Si, Loam - Lo, Gravel – Grv, Shale – Sh Metal – Mt

Depth Depth Depth ST Soil Soil Soil Artifacts Artifacts Artifacts

11 0 -25 25 - 37 DkYlBr SiLo

Grv YlBr SiLo

Grv

0 - 14 14 - 25 DkYlBr SiLo

Grv Sh YlBr SiLo

Grv

13 0 – 20 20 - 25 25 – 35 DkYlBr SiLo

Grv Sh DkYlBr

SiLo Grv YlBr

SiLo Grv Mt

14 0 - 14 14+ DkYlBr SiLo

Grv Sh DkYlBr

SiLo Grv

15 0 - 14 14+ DkYlBr SiLo

Grv Sh DkYlBr

SiLo Grv

16 0 - 14 14+ DkYlBr SiLo

Grv Sh DkYlBr

SiLo Grv

17 0 - 10+ DkYlBr Grv

18 0 - 10 10 - 15+ DkYlBr Grv YlBr SiLo

Rk

Asphalt 19 0 - 10+ DkYlBr Grv

20 0 - 30 30 - 40+ DkYlBr SiLo

Grv YlBr SiLo

Grv

21 0 - 10+ DkYlBr SiLo

Grv

22 0 - 12 12 - 25 YlBr SiLo Grv YlBr SiLo

Grv

23 0 - 30 30 - 40+ DkYlBr SiLo

Grv LtYlBr Si

Grv

24 0 - 23 23 - 30 DkYlBr SiLo

Grv LtBrGr Si

Grv

Brick 25 0 - 27 27 - 30 DkYlBr SiLo

Grv LtBrGr Si

Grv

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Table 4: Artifact Table for the LeRoy Retail Parcel Phase I. Pre- Historic

Historic Kitchen Activity Personal

Chipped Stone Tool

Architecture

Container G

lass

Ceram

ic

Ceram

ic

Shell

Total Collected

Project Area Section

Isolated Find

Transect

Projectile Point / Knife

Brick (G

rams)

Aqua

Whitew

are (WW

)

Flow B

lue WW

Blue Transfer Print W

W

Porcelain

White R

efined WW

Albany Stonew

are

Porcelain Insulator

Ceram

ic Drain Tile

Barbed W

ire

Shell

Button

1 3 1 13 3 1 14 9 445 15 1 16 14 1 17 16 1 18 19 1 19 20 1 1

10 24 1 1 1 311 3 2012 26 65813 42 1 12 2 1 1

14 7 1 115 12 1 116 14 1 117 16 1 118 16 1 119 18 1 120 20 1 1 221 21 1 122 22 1 123 26 1 1 224 27 4825 35 1 126 38 1 127 47 1 1

ST 13 2 2ST 26 112

1 4 10 1 3 1 1 2 1 1 2 1 1 28882

Artifact Group

Artifact Type

Total Weight (g):Total Collected:

South Field

North Field

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It was initially assumed that the existing structure was the farmhouse dating from the mid 19th Century, although it was apparently not the subject of an historic structure inventory. Given that maps, prints, and photos document a house for this location as early as 1854, it was necessary for the survey to determine whether any portion of this house corresponds to the MDS. Subsequent interviews within the town revealed that the current house had been constructed and renovated throughout the 20th Century and contains no intact elements of the early MDS. Two historic photographs and a print drawing of the Keeney homestead provide information about the farm and family residence that once occupied the northwest portion of the APE. The print, published in 1876 (Photo 5, Everts 1876), depicts the "Res. of Allen Keeney" as a prosperous farm with several barns, paddocks, and outbuildings in addition to the family residence. A long split-rail fence appears to define the farm boundary behind the outbuildings. The farm contains cattle and horses, and a field of grains being cut is partially shown on the right. A well and pavements are also depicted in the yard to the right of the house. The farmhouse appears to be a Greek Revival structure with multiple additions in the back (kitchen, porch, etc.). Two windows flank the front door, and there is a single window on the side of the house that is visible. A cellar-door is depicted below the west-side window. Two chimneys rise from the peaks of both ends of the roof. The family residence appears very different in the two photos. The first of these (Photo 6) presents an oblique view of the west side and rear of the house. The side now has three windows on the first floor. The second story has lifted with two windows have been added on the west side. The opposite, east side has an attached 1.5 story addition. It is possible that this photograph presents a modified version of the same house portrayed in the 1876 drawing. The second photograph shows the house after it had been moved (Photo 7). The note written on the back of the photo indicates that the house had been "moved back," but its position next to the wide main road (now SR 5) suggests that in fact it had been moved east of its original location, and probably to the location of the present house on the property. The addition that can be seen in the first photograph has now been removed. In the 20th Century, the Allen Keeney farmstead went through many modifications under its various owners. William Paddon owned it around the beginning of the 20th Century, and it was he who moved the farmhouse. That structure was later demolished and the existing house was built in it’s place. The current owner of the house, Kathy Bearsden, stated that extensive renovations made by her family revealed no old construction methods underlying the wall plaster or roof (Kathy Bearsden personal communication, 2007). Bearsden also reported that the previous landowner used the entire 3 acre northwestern parcel surrounding the house as a heavy excavation equipment parking lot, leveling farm structures, creating the two large push-piles, and laying down a large gravel pad over the current yard. The area surrounding the house has also been used alternately over the past three decades as a car lot and soccer-field. The shale identified with the shallow soils in ST 11-15 may be the only remnants of the demolished Keeney farm structures depicted in the 1876 sketch. No intact portions of either the Keeney or Paddon farmsteads appear to be present within the PA except for the renovated Bearsden house. Information gathered from historic maps and other research highlights the importance of the Keeney family to the history of LeRoy and the larger region. Several generations of Keeneys lived on and farmed land that overlapped with the APE. By the second generation, one of the sons of the original settlers—Nicholas B. Keeney—had gone from farming to the produce and seed business, and his son Calvin branched out into industry and finance as well. Nicholas’s older brother Allen continued to run the family farm during the latter half of the 19th Century. However, the family’s significance to LeRoy’s history has already been commemorated locally by the previously described historic marker northwest of the APE (Photo 17) and the listing of the Keeney House at 13 W. Main St. in the Village of LeRoy on the National Register of Historic Places (NRL).

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RECOMMENDATIONS This report has detailed the results of a Phase IA and IB Archaeological Sensitivity Assessment and Survey of a tract of land in the Town of LeRoy, New York, for APD Engineering of Rochester, New York. The assessment and survey was conducted in anticipation of the future construction of the LeRoy Retail Parcel. Since this development will be state-permitted, an archaeological sensitivity assessment and survey was conducted in compliance with state implementation procedures and involved surface inspection of 48 acres of fields, subsurface testing of 4 acres of fields and yards. The survey resulted in the documentation of the following cultural resources within the APE. -An isolated prehistoric artifact (IF-19) within the southwestern project area. -A renovated 20th Century house within the northwestern project area built at the location of a demolished 19th Century farmstead associated to the Keeney family whose home in the Village of LeRoy has already been listed on the NR. -The previously inventoried Wait House (Photo 18) outside of the APE near the northwestern corner of the APE. No potentially NR eligible cultural resources were identified within the APE. No further work is recommended within the APE.

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REFERENCES CITED Beers, S.N. and D.G.

1866 New Topographical Atlas of Genesee and Wyoming Counties, New York. Stone and Stewart, Philadelphia.

Belluscio, Lynne 2004 "The Keeney Homestead." LeRoy Pennysaver, April 19, 2004. Carr, Kurt W., James M. Adovasio, & David R. Pedler

2001 Paleoindian Populations in Trans-Appalachia: The View from Pennsylvania. Archaeology of the Appalachian Highlands. Edited by Lynne P. Sullivan and Susan C. Prezzano. University of Tennessee Press, Knoxville.

Century Map Company

1904 The New Century Atlas of Genesee County, New York. Farm Records. Century Map Company, Philadelphia.

Cleland, Charles E.

1966 The Prehistoric Animal Ecology and Ethnozoology of the Upper Great Lakes Region. Anthropological Papers 29. Museum of Anthropology, University of Michigan, Ann Arbor.

Commonwealth Cultural Resources Group

2000 Stage 1 Cultural Resource Investigation for the LeRoy By-Pass Water Main Route Town of LeRoy, Genesee County, New York. Report on file at the OPRHP, Peebles Island, New York.

Conklin, Susan L.

2001 "Genesee County." Office of Genesee County Historian. Text on file at www.co.genesee.ny.us/dpt/countyhistory (Genesee County website, 2006).

Everts, Ensign and Everts

1876 Combination Atlas Map of Genesee County, New York. Everts, Ensign and Everts, Philadelphia.

Isachsen, Y. W., E. Landing, J. M. Lauber, L. V. Rickard & W. B. Rogers

2000 Geology of New York, a Simplified Account. New York State Museum Educational Leaflet 28, New York State Museum, Albany.

Keeney, Roscoe C. Jr.

2006 “Keeney, Calvin Noyes.” Keeney Update Volume 3, Number 2 March, 1986. Manuscript on file at Keeneyklan.com

LeRoy Historical Society

n.d. The Underground Railroad in LeRoy. Undated site guide brochure. LeRoy Historical Society, LeRoy, New York.

Martin, Alexander C., Herbert S. Zim & Arnold L. Nelson

1951 American Wildlife & Plants. Dover Publishing, New York. Mason, Ronald J.

2002 Great Lakes Archaeology. Blackburn Press, Caldwell, New Jersey. Morgan, Louis Henry

1962 League of the Iroquois. Corinth Books, New York.

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National Geographic Society 2004 Northeastern USA Seamless Topographical Maps. National Geographic Society, New

York. New York Archaeological Council (NYAC)

1994 Standards for Cultural Resource Investigations and the Curation of Archaeological Collections in New York State. The New York Archaeological Council, Albany.

Olsen, Stanley J.

1964 Mammal Remains From Archaeological Sites. Cambridge, Massachusetts: Peabody Museum Press.

Otley, J. W. & S. M. Rea

1854 Map of Genesee County, New York from Actual Surveys. John E. Gillette, Philadelphia. Parker, Arthur C

1922 History of the Archaeology of New York State. NYS Museum Bulletins 237-238, Albany. Ritchie, William A.

1994 The Archaeology of New York State, revised edition. Purple Mountain Press, Fleischmanns, New York.

1997 New York Projectile Points; a Typology and Nomenclature, revised edition. New York State Museum Bulletin No. 384. New York State Museum, Albany.

Shane, Linda C. K.

1994 Intensity and Rate of Vegetation and Climatic Change in the Ohio region Between 14,000 and 9,000 14C YBP. W. S. Dancey (ed.) The First Discovery of America, Archaeological Evidence of the Early Inhabitants of the Ohio Area. Ohio Archaeological Council, Columbus.

Turner, Orsamus

1976 History of the Pioneer Settlement of Phelps & Gorham's Purchase, and Morris' Reserve. James Brunner, Geneseo, New York. [Reprint of 1851 ed.]

USGS

1950 LeRoy, New York 7.5 Minute Series Quadrangle. US Governmental Printing Office, Washington DC.

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APPENDIX A:

Photographs 1-18

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Photograph 1: View north of North Field along abandoned portion of Keeney Road.

Photograph 2: View southeast of western half of South Field from drainage.

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Photograph 3: View north of eastern South Field with eastern wetland in background.

Photograph 4: View east of push-piles within wetland in northwestern APE.

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Photograph 5: Print of “Res. of Allen Kenney” within the 1876 Evert Atlas.

Photograph 6: View northeast of Keeney House circ. Late 1800s.

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Photograph 7: View east of Keeney House circ 1904 after relocation.

Photograph 8: View north of site of IF-19 and excavation of ST 8.

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Photograph 9: View northwest of transportation center northeast of APE.

Photograph 10: View west of offices and businesses north of APE along SR 5.

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Photograph 11: View southeast of wetland & transmission line south of APE from ST 8.

Photograph 12: Possible Brewerton Corner-Notched point.

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Photograph 13: View northeast of yard surrounding house (H-1) in northwestern APE.

Photograph 14: View south of pavement and gravel lot within H-1 yard.

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Photograph 15: Northwest oblique view of house at H-1.

Photograph 16: View southwest of extensive landscaping around foundation of H-1 house.

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Photograph 17: View west of historical marker in northwest corner of APE.

Photograph 18: Southeast oblique of Wait House north of northwestern APE.

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APPENDIX B:

Figures 1-13

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Figure 1: Political map showing location of the project area.

Project Area

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Figure 2: Map of Genesee County (NGS 2003).

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Figure 3: Batavia USGS Topographic Map Showing the Vicinity of the Project Area (NGS 2003).

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Figure 4: Soil map of Genesee County, New York (Wulforst 1969).

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Figure 5: Underground Railroad Trail Map from the LeRoy Historical Society (n.d).

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Figure 6: 1854 Otley & Rea Map of Genesee County, New York.

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Figure 7: 1866 Beers Atlas of Genesee County, New York.

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Figure 8: 1876 Robinson Map of Watertown Center, New York.

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Figure 9: 1904 Map of Genesee County, New York.

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Figure 10: 1912 USPS Carrier Route Map for Genesee County, New York.

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Figure 11: Plan of Project Area.

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Figure 12:: Close-up of IF-19 (Torrey Site).

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Figure 13 Close-up of Site H-1.

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APPENDIX C: OFFICIAL CORRESPONDENCE

Unmarked Burial Protocol State Historic Preservation Office New York State Office of Parks, Recreation and Historic Preservation Human Remains Discovery Protocol In the event that human remains are encountered during construction or archaeological investigations, the State Historic Preservation Office (SHPO) requires that the following protocol is implemented: .At all times human remains must be treated with the utmost dignity and respect. Should human remains be encountered work in the general area of the discovery will stop immediately and the location will be immediately secured and protected from damage and disturbance. . Human remains or associated artifacts will be left in place and not disturbed. No skeletal remains or materials associated with the remains will be collected or removed until appropriate consultation has taken place and a plan of action has been developed. . The county coroner and local law enforcement as well as the SHPO and the involved agency will be notified immediately. The coroner and local law enforcement will make the official ruling on the nature of the remains, being either forensic or archeological. If the remains are archeological in nature, a bioarchaeologist will confirm the identification as human. . If human remains are determined to be Native American, the remains will be left in place and protected from further disturbance until a plan for their protection or removal can be generated. The involved agency will consult SHPO and appropriate Native American groups to develop a plan of action that is consistent with the Native American Graves Protection and Repatriation Act (NAGPRA) guidance. . If human remains are determined to be Euro-American, the remains will be left in place and protected from further disturbance until a plan for their avoidance or removal can be generated. Consultation with the SHPO and other appropriate parties will be required to determine a plan of action.

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CONFIDENTIAL, page 1 NEW YORK STATE PREHISTORIC ARCHAEOLOGICAL SITE INVENTORY FORM For Office Use Only----Site Identifier Project Identifier: Torrey Site IF19 Date: 1/17/2007 Your Name: Christopher M. Hazel, RPA Phone: 607 273 1714 Address: 333 South Geneva Street Ithaca, New York 14850 Organization (if any) HAZEx 1. Site Identifier(s): Torrey Site / IF19 2. County: Genesee one of following:

City: Town:LeRoy Incorporated Village: Unincorporated Village or Hamlet:

3. Present Owner: Torrey Partnership Address: PO Box 187

Elba, NY 14058 4. Site Description (check all appropriate categories): Site __ Stray find __ Cave/Rockshelter __Workshop __ Pictograph __ Quarry __ Mound __ Burial __ Shell midden __ Village X Surface evidence __ Camp Material in plow zone __ Material below plow zone Buried evidence __ Intact occupation floor __ Single component __ Evidence of features __ Stratified Multicomponent __ Processing Location Location X Under cultivation __ Never cultivated __ Previously cultivated __ Pastureland __ Woodland Floodplain X Upland __ Terrace __ Sustaining erosion Soil Drainage: __ excellent X good __ fair __ poor Slope: flat X gentle __ moderate __ steep Distance to nearest water from site: 600 meters north of Oatka Creek Elevation: 903 feet above mean sea level 5. Site Investigation (append additional sheets, if necessary): X Surface Collection--date(s) 11/13/06-11/14/06 Site Map (submit with form * ) X Subsurface-- date(s) 11/14/06-12/4/06 Testing: X shovel __ coring __ other-- unit size: 50 x 50 cm # of units: 9 Excavation: unit size: ____________ # of units: _____________ (Submit plan of units with form * ) * Submission should be 8.5" x 11", if feasible.

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CONFIDENTIAL, page 2 Investigator: Christopher M. Hazel, RPA Manuscript or published report(s) (reference fully): Hazel, Christopher M. and Joel Rabinowitz 2007 Phase I Archaeological Sensitivity Assessment and Survey for the LeRoy Retail Parcel within the Town of LeRoy in Genesee County, New York. Report on file at Peebles Island OPRHP Field Services Bureau, Cohoes, New York. Present repository of materials: HAZEx 6. Component(s) (cultural affiliation/dates): Late Archaic (Laurentian) 5,000-4,000 years BP. 7. List of material remains (be as specific as possible in identifying object and material): Gray chert "Brewerton Corner-notched" body and base of projectile point/knife. If historic materials are evident, check here and fill out historic site form 8. Map References: Map or maps showing exact location and extent of site must accompany this form* and must be identified by source and date. * Submission should be 8.5" x 11", if feasible. USGS 7.5 Minute Series Quad. Name: Batavia, New York For Office Use Only--UTM Coordinates: Zone Easting Northing Photography (optional for environmental impact survey): Please submit a 5"x7" black and white print(s) showing the current state of the site. Provide a label for the print(s) on a separate sheet.

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Historical Archaeological & Zoological Explorations

333 South Geneva Street, Ithaca, New York 14850. Tel.: 607 273 1714 - E Mail: HAZExplorations.com

January 24th, 2007

Nancy Herter NYS Office of Parks Recreation and Historic Preservation Field Services Bureau Peebles Island PO Box 189 Waterford, New York 12188-0189 Re: Final Report for the Phase IA/B Archaeological Sensitivity Assessment and Survey at the LeRoy Retail Parcel, Town of LeRoy, Genesee County, New York. Dear Ms. Herter On behalf of my client, APD Engineering, PLLC, I am pleased to submit the enclosed report, detailing the archaeological investigations undertaken for a proposed retail center within the Town of LeRoy, Genesee County. APD Engineering looks forward to receiving your review and comments. Thank you for your guidance. Sincerely, Christopher Hazel, RPA HAZEx Principal Investigator cc. Stephanie Albright, APD Engineering