FINAL RESOLUTION

(Stream U.S. Data Centers, LLC Project)

A regular meeting of the Genesee County Industrial Development Agency d/b/a Genesee
County Economic Development Center was convened on Thursday, March 6, 2025.

The following resolution was duly offered and seconded, to wit:

Resolution No. 03/2025 -

RESOLUTION OF THE GENESEE COUNTY INDUSTRIAL DEVELOPMENT

AGENCY D/B/A GENESEE COUNTY ECONOMIC DEVELOPMENT
CENTER (THE "AGENCY") (i) ACKNOWLEDGING THE PUBLIC
HEARING HELD BY THE AGENCY ON FEBRUARY 3, 2025, WITH
RESPECT TO THE STREAM Us. DATA CENTERS, LLC (THE
"COMPANY") PROJECT "PROJECT");
(THE (ii) AUTHORIZING (A) THE
DISPOSITION OP THE LAND (AS DEFINED HEREIN) TO THE COMPANY
AND (B) THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE
AGREEMENT, ALONG WITH RELATED DOCUMENTS; (iii) APPOINTING
THE COMPANY AS AGENT OP THE AGENCY; (iv) AUTHORIZING
FINANCIAL ASSISTANCE TO THE COMPANY IN THE FORM OF (A) A
SALES AND USE TAX EXEMPTION FOR PURCHASES AND RENTALS
RELATED TO THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF
THE PROJECT; (B) A PARTIAL MORTGAGE RECORDING TAX
EXEMPTION AS AUTHORIZED BY THE LAWS OF NEW YORK STATE
AND (C) A PARTIAL REAL PROPERTY TAX ABATEMENT STRUCTURED
THROUGH A TAX AGREEMENT; AND (v) AUTHORIZING THE
NEGOTIATION, EXECUTION AND DELIVERY OF A PROJECT
AGREEMENT, LEASE AGREEMENT, LEASEBACK AGREEMENT, TAX
AGREEMENT, PILOT MORTGAGE, MORTGAGE AND RELATED
DOCUMENTS WITH RESPECT To THE PROJECT.

WHEREAS, by Title l of Article l8-A of the General Municipal Law of the State of
New York (the "State"), as amended, and Chapter 565 of the Laws of 1970 of the State of New
York, as amended (hereinafter collectively called the "Act"), the GENESEE COUNTY
INDUSTRIAL DEVELOPMENT AGENCY d/b/a GENESEE COUNTY ECONOMIC
DEVELOPMENT CENTER (the "Agency") was created with the authority and power to own,
lease and sell property for the purpose of, among other things, acquiring, constructing and
equipping industrial, manufacturing and commercial facilities as authorized by the Act; and

WHEREAS, STREAM U.S. DATA CENTERS, LLC, for itself or on behalf of an

entity formed or to be formed by it or on its behalf (the ”Company") has submitted an application
"Application") to the
(including supplemental information and documentation related thereto, the
Agency, a copy of which is on file with the Agency, requesting the Agency's assistance with
respect to a certain project (the "Project" or "Project Double Reed”) consisting of: (i) the
retention by the Agency of a leasehold or other interest in approximately 60 acres of real

Page 1
Error! Unknown document property name.
for bids,"" except under circumstances set forth in Public Authorities Law Sections 2897(6)(c)
and 2897(6)(f); and

WHEREAS, Public Authorities Law Section 2897(6)(c)(vi) states that ""[d]isposa1s and
contracts for disposal of property may be negotiated or made by public auction Without regard”"
to Public Authorities Law section 2897(6)(a) -- i.e., without public bidding -- when ""such action
is otherwise authorized by law , and
"H.

WHEREAS, New York General Municipal Law ("”General Municipal Law"") Section
884 states ""[t]he provisions of any law relating to the requirement of public bidding with respect
to the construction of public facilities or projects shall not be applicable to the acquisition,
construction, reconstruction, improvement, maintenance, equipping and furnishing of projects
authorized by"" the Enabling Act; and

WHEREAS, General Municipal Law Section 854(4), included within the Enabling Act,
defmes a ""project"" to mean ""any land, any building or other improvement, and all real and
personal properties located within the state of New York and within or outside or partially within
and partially outside the municipality for whose benefit the agency was created, including, but
not limited to, machinery, equipment and other facilities deemed necessary or desirable in
connection therewith, or incidental thereto, whether or not now in existence or under
construction, which shall be suitable for manufacturing, warehousing, research, commercial,
renewable energy or industrial purposes or other economically sound purposes identified and
called for to implement a state designated urban cultural park management plan as provided in
title G of the parks, recreation and historic preservation law and which may include or mean an
industrial pollution control facility, a recreation facility, educational or cultural facility, a horse
racing facility, a railroad facility, a renewable energy project or an automobile racing facility ,
and

WHEREAS, in Matter ofGrossman v. Herkz’mer County Industrial Development Agency,

6O A.D.2d 172, 180 (4th Dep"t 1977) (""Gr0ssman""), the Appellate Division, Fourth
Department, recognized that General Municipal Law Section 884 ""speciflcally exempts
industrial development agencies from the application of public bidding statutes with respect to
the construction or reconstruction of projects authorized by"" the Enabling Act, including with
respect to the sale of land in connection with the construction of a project; and

WHEREAS, pursuant to the authorization conferred by General Municipal Law Section

884, as applied by the Fourth Department in Grossman, the sale of land in connection with the
construction of a data center at STAMP (which constitutes a ""project"" pursuant to General
Municipal Law Section 854(4)) is therefore exempt from any public-bidding requirement that
Public Authorities Law Section 2897(6)(a) could be claimed to impose;

WHEREAS, Public Authorities Law Section 2897(6)(c) states ""[d]isposals and contracts
for disposal of property negotiated or made"" without public bidding shall be ""subject to
obtaining such competition as is feasible under the circumstances;"" and

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with the Company; (ii) the transfar of the Land to the Company in accordance with the PSA and
(iii) other matters relating t0 the operation and maintenance of the Land through and including
the date upon which the Land is transferred to the Company; and

WHEREAS, pursuant to Article l8-A of the Act the Agency desires to adopt a resolution
approving the Project and the Financial Assistance (as defined below) that the Agency is
contemplating with respect to the Proj ect; and

WHEREAS, on account of the Company's significant capital investment, the Agency

desires to authorize the President/CEO of the Agency to negotiate the Agency's administrative
fee (the "Administrative Fee") with the Company in accordance with the Agency's Pricing and
Fee Policy (the "Fee Policy"); and

WHEREAS, the Project Agreement, the Lease Agreement, the Leaseback Agreement,
Tax Agreement, PILOT Mortgage and related documents will be negotiated and presented to the
President/CEO, Chair, and/or Vice Chair of the Agency for approval and execution subject to
adoption of the resolutions contained herein.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE GENESEE

COUNTY INDUSTRIAL DEVELOPMENT AGENCY D/B/A GENESEE COUNTY
ECONOMIC DEVELOPMENT CENTER AS FOLLOWS:

Section l. The Company has presented an Application in a form acceptable to the

Agency. Based upon the representations made by the Company to the Agency in the Application,
the Agency hereby finds and determines that:

(A) By virtue of the Act, the Agency has been vested with all powers necessary and
convenient to carry out and effectuate the purposes and provisions of the Act and to exercise all
powers granted to it under the Act; and

(B) It is desirable and in the public interest for the Agency to appoint the Company as
its agent for purposes of acquiring, constructing and equipping the Project; and

(C) The Agency has the authority to take the actions contemplated herein under the
Act; and

(D) The action to be taken by the Agency will induce the Company to develop the
Project, thereby increasing employment opportunities in Genesee County, New York and
otherwise furthering the purposes of the Agency as set forth in the Act; and

(E) The Proj ect will not result in the removal of a facility or commercial, industrial, or
manufacturing plant of the Company or any other proposed occupant of the Project from one
area of the State to another area of the State or result in the abandonment of one or more plants
or facilities of the Company or any other proposed occupant of the Project located within the
State; and the Agency hereby finds that, based on the Application and the Company's
certifications therein, to the extent occupants are relocating from one plant or facility to another,

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 the ownership of the company to a third-party unknown to the Agency. While
Project Double Reed has confirmed its client/tenant relationship and its intention
to own the Facility for the life of the Tax Agreement, Project Rampart appears to
neither own nor control any datacenters, with the parties representing Project
Rampart having flipped entitlements received for other datacenters to unrelated
third-parties and having confirmed that entitlements received at STAMP would be
flipped if conditions were favorable.
5) Project Double Reed has proceeded in good faith throughout the application
review process without resort to threats of litigation or other bad behavior to try to
manipulate review of the application. By contrast, Project Rampart’s actions
throughout the application review process have indicated that Project Rampart
would be unable to have a productive relationship with the Agency and other
STAMP stakeholders. While Project Hydroscale has proceeded in good faith
throughout the application process, the information provided by Project
Hydroscale (particularly with respect to financial incentive requests) has
repeatedly been modified, including well-after the Agency's cutoff date for ""best
and final offers"" from the companies.

. The Project pledges to create and/or retain quality, good paying jobs in Genesee County.
l) Project Hydroscale is pledging the highest employment and payroll at 200 jobs at
an average salary of $142,000 (annual payroll of approximately $28.4 million);
with the Company pledging the second highest at 122 jobs at an average salary of
$89,000 (annual payroll of approximately $10.86 million); and Project Rampart
pledging the least at 105 jobs at an average salary of $64,095 (annual payroll of
approximately $6.73 Million).

. Completion of the Project will enhance the long-term tax base and/or make a significant
capital investment.
l) Project Double Reed is pledging the highest capital investment at $6.3 billion,
with Proj ect Hydroscale at $5.4 billion, and Proj ect Rampart at $3.3 billion.

. The Project will contribute towards creating a "liveable community" by providing a

valuable product or service that is underserved in Genesee County.
1) While this criteria relates primarily to the product or service provided by an
applicant (and therefore is broadly identical for all three projects), as noted above,
Project Double Reed's environmental impacts are significantly less than those
proposed by Project Rampart and Project Hydroscale. Accordingly, Project
Double Reed would contribute most towards "creating a livable community" in
accordance with this standard.

. The Agency Board of Directors (the ”Board") has reviewed the Agency's Fiscal and
Economic Impact analysis of the Project to determine if the Project will have a
meaningful and positive impact on Genesee County. This calculation includes the
estimated value of any tax exemptions to be provided along with the estimated additional
sources of revenue for municipalities and school districts that the proposed project may
provide.

Page 7
 1) Project Double Reed will play a critical role as a tenant of the STAMP Site in
suppOIting the overall goals of the development of STAMP and the positive
impacts that will result for existing businesses and other economic development
projects. Further, the financial benefits to the community will be utilized to fund
infrastructure improvements throughout Genesee County which will benefit
economic development projects (both existing and future) as well as the
community at large.

J. The affected tax jurisdictions will be reimbursed by the project occupant if a proj ect does
not fulfill the purposes for which an exemption was provided.
1) The Agency will enter into binding agreements with the Company prior to the
issuance of any incentives which will include appropriate claw back mechanisms
as required by law.

K. The STAMP Project has received public support from the community and Project Double
Reed helps to achieve the goals of STAMP.
l) As detailed in the public surveys completed for the STAMP project during the
incentive zoning process completed by the Town of Alabama, the local
community broadly supports the development of STAMP. While many public
commenters at the February 3, 2025 public hearings expressed strong opposition
to such development and to Project Double Reed (as has the Nation), it should be
noted that the vast majority of such commenters are residents neither of the Town
of Alabama nor Genesee County. Further, the comments primarily focused upon
environmental concerns which have been addressed in detail in the attached Tech
Team Memo, as well as the public response summary included therein.

L. Proj ect Double Reed's environmental impact has been carefully analyzed.
l) As detailed in the attached Tech Team Memo, and as explained in more detail
elsewhere herein, the impacts from Project Double Reed fall well within the
parameters and thresholds set forth in the GEIS completed for the development of
STAMP.

M. The Project will utilize, to the fullest extent practicable and economically feasible,
resource conservation, energy efficiency, green technologies and alternative and
renewable energy measures.
l) Project Double Reed's proposed design shows a demonstrated commitment to
reducing reliance on fossil fuels through the minimization of fossil fuel backup
power resources. Further, the Project will draw power from the STAMP
substation, which itself is interconnected to the Westem New York power grid,
primarily drawing hydropower rather than non-renewable sources.

N. The Project will not provide onsite child daycare facilities, however, contributions from
the Project may facilitate such services in the Town.
l) While the Project does not propose to provide for onsite child daycare facilities, it
should be noted that this is typical for the data center industry. Such uses do not
typically generate a high demand for such services, and it is not anticipated that

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 Section 8. Pursuant t0 Section 875(3) of the Act, the Agency may recover or
recapture from the Company, its agents, consultants, subcontractors, or any other party
authorized to make purchases for the benefit of the Project, any Sales and Use Tax Exemption
Benefits taken or purported to be taken by the Company, its agents, consultants, subcontractors,
or any other party authorized to make purchases for the benefit of the Project, if it is determined
that: (i) the Company, its agents, consultants, subcontractors, or any other party authorized to
make purchases for the benefit of the Proj ect, is not entitled to the Sales and Use Tax Exemption
Benefits; (ii) the Sales and Use Tax Exemption Benefits are in excess of the amounts authorized
to be taken by the Company, its agents, consultants, subcontractors, or any other party authorized
to make purchases for the benefit of the Project; (iii) the Sales and Use Tax Exemption Benefits
are for property or services not authorized by the Agency as part of the Project; or (iv) the Sales
and Use Tax Exemption Benefits are taken in cases Where the Company, its agents, consultants,
subcontractors, or any other party authorized to make purchases for the benefit of the Project,
fails to comply with a material term or condition to use property or services in the manner
approved by the Agency in connection with the Project. As a condition precedent of receiving
Sales and Use Tax Exemption Benefits, the Company, its agents, consultants, subcontractors, or
any other party authorized to make purchases for the benefit of the Project, shall (i) cooperate
with the Agency in its efforts to recover or recapture any Sales and Use Tax Exemption Benefits,
and (ii) promptly pay over any such amounts to the Agency that the Agency demands.

Section 9. Subject to the Company executing the Project Agreement and the delivery
to the Agency of a binder, certificate or other evidence of liability insurance policy for the
Project satisfactory to the Agency, the Agency hereby authorizes the Company to proceed with
the acquisition, construction and equipping of the Project and hereby appoints the Company as
the true and lawful agent of the Agency: (i) to acquire, reconstruct, renovate and equip the
Project; (ii) to make, execute, acknowledge and deliver any contracts, orders, receipts, writings
and instructions, as the stated agent for the Agency with the authority to delegate such agency, in
whole or in part, to agents, subagents, contractors, and subcontractors of such agents and
subagents and to such other parties as the Company chooses; and (iii) in general, to do all things
which may be requisite or proper for completing the Project, all with the same powers and the
same validity that the Agency could do if acting in its own behalf; provided, however, the Proj ect
Agreement shall expire on December 31., 2028 (unless extended for good cause by the
President/CEO of the Agency) if the Lease Agreement, the Leaseback Agreement and the Tax
Agreement contemplated have not been executed and delivered.

Section 10. The President/CEO, Chair, and/or Vice Chair of the Agency are hereby
authorized, on behalf of the Agency, to negotiate and enter into (A) the Project Agreement, (B)
the Lease Agreement, pursuant to which the Company leases the Project to the Agency, and (C)
the related Leaseback Agreement, pursuant to which the Agency leases its interest in the Project
back to the Company, (D) the Tax Agreement; provided, however, (i) the rental payments under
the Leaseback Agreement include payments of all costs incurred by the Agency arising out of or
related to the Proj ect and indemnification of the Agency by the Company for actions taken by the
Company and/or claims arising out of or related to the Project and (ii) the terms of the Tax
Agreement are consistent with the Agency's Uniform Tax Exemption Policy or the procedures
for deviation have been complied with and (E) if, within the sole and absolute discretion of the

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 The question of the adoption of the foregoing Resolution was duly put to a vote on roll
call, which resulted as follows:

Yea Nay Absent Abstain

Peter Zeliff
Matthew Gray
Paul Battaglia
Craig Yunker
Kathleen Manne
Chandy Kemp
Marianne Clattenburg H hfHfFH ”Hffffm fF-lf f m f f mf

The Resolutions were thereupon duly adopted.

Page 13
 Exhibit A

Notice Letter, Notice of Public Hearing,

Affidavit of Publication of The Batavz'a Daily News
and Minutes of Public Hearing

[Attached Hereto]

Exhibit A
 GENESEE COUNTY
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing pursuant to Article 18-A of the New York
General Municipal Law will be held by the Genesee County Industrial Development Agency
d/b/a Genesee County Economic Development Center (the "Agency") on Monday, February
3, 2025, at 4:00 p.m., local time, at the Town of Alabama Fire Hall, 2230 Judge Road,
Alabama, New York 14013, in connection with the following matter:

STREAM U.S. DATA CENTERS, LLC, for itself or on behalf of an entity formed or to be
formed by it or on its behalf (the "Company") has submitted an application (the
"Application") to the Agency, a copy of which is on file with the Agency, requesting the
Agency's assistance with respect to a certain project (the "Project") consisting of: (i) the
retention by the Agency of a leasehold or other interest in approximately 60 acres of real
property located at Crosby Road in the Town of Alabama, Genesee County, New York and
all other lands in the Town of Alabama where, by license or easement or other agreement,
the Company or its designees are making improvements that benefit the Project (the
“Land“, being more
particularly described as portions of tax parcel Nos. 10.-1-4.1 12 and
10.—1 -3, as may be subdivided); (ii) the planning, design, construction and leasing of three
(3) buildings totaling approximately 900,000 square feet to accommodate certain data
processing related space, along with utility and site improvements, parking lots, access and
egress improvements, signage, curbage, landscaping and stormwater retention
improvements (collectively, the ”lmprovements"); and (iii) the acquisition by the Company in
and around the Improvements of certain items of machinery, equipment and other tangible
“Equipment"; and, together with the Land and the Improvements, the
personal property (the
" Facility").

The Agency will acquire title to, or a leasehold interest in, the Facility and lease the Facility
back to the Company. The Company will operate the Facility during the term of the lease.
At the end of the lease term, the Company will purchase the Facility from the Agency, or if
the Agency holds a leasehold interest, the leasehold interest will be terminated. The
Agency contemplates that it will provide financial assistance (the "Financial Assistance") to
the Company in the form of sales and use tax exemptions and a mortgage recording tax
exemption, consistent with the policies of the Agency, and a partial real property tax
abatement.

The Agency will broadcast the public hearing live at www.vimeo.com/event/3477651, and
the public hearing video will be available for on-demand viewing on the Agency's website at
www.gcedc.com/projects.

A representative of the Agency will be at the above-stated time and place to present a copy
of the Company's Project Application and hear and accept written and oral comments from
all persons with views in favor of or opposed to or othenlvise relevant to the proposed
Financial Assistance.

The Agency encourages all interested parties to submit written comments to the Agency,
which will be included within the public hearing record. Any written comments may be sent
to the Agency at: GCEDC, 99 MedTech Drive, Batavia, New York 14020, and/or via e-mail
at [email protected] with the subject line being "STREAM Project”, no later than 12:00
p.m. on January 31, 2025.

Dated: January 23, 2025 GENESEE COUNTY INDUSTRIAL

DEVELOPMENT AGENCY D/B/A
GENESEE COUNTY ECONOMIC
DEVELOPMENT CENTER
 Exhibit B
RESOLUTION OF THE GENESEE COUNTY INDUSTRIAL DEVELOPMENT
AGENCY D/ B/ A GENESEE COUNTY ECONOMIC DEVELOPMENT CENTER
DECLARING A CONSISTENCY DETERMINATION PURSUANT TO THE STATE
ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING PROIECT DOUBLE
REED AT THE WESTERN NEW YORK SCIENCE & TECHNOLOGY ADVANCED
MANUFACTURING PARK

Project Name: Western New York Science and Technology Advanced

Manufacturing Park - Project Double Reed

Location: 6840 Crosby Road, Town of Alabama, NY 14013

WHEREAS, the Genesee County Industrial Development Agency d/ b/ a the

Genesee County Economic Development Center (“GCEDC” or ”Agency”), in conjunction
with the Genesee Gateway Local Development Corporation (”GGLDC”), the non—profit
real estate affiliate of the Agency have been working for more than a decade on the
development of the Western New York Science & Technology Advanced Manufacturing
Park (”STAMP” or the ”Project”), an advanced manufacturing technology campus on
approximately 1,262 acres located on the west side of New York State Route 63/ 77,
approximately five miles north of the 1-90/ New York State Thruway (”STAMP Site”) in
the Town of Alabama, New York (”Town”), and

WHEREAS, the Agency is authorized and empowered by the provisions of

Chapter 1030 of the Laws of 1969 of New York, constituting Title 1 of Article 18-A of the
General Municipal Law, Chapter 24 of the Consolidated Laws of New York, as
amended (the ”Enabling Act”) and Chapter 71 of the 1972 Laws of New York, as
amended, constituting Section 895—e of said General Municipal Law (said Chapter and
the Enabling Act being hereinafter collectively referred to as the ”Act”) to promote,
develop, encourage and assist in the acquiring, constructing, renovating, improving,
maintaining, equipping and furnishing of commercial facilities, among others, for the
purpose of promoting, attracting and developing economically sound commerce and
industry to advance the job opportunities, health, general prosperity and economic
welfare of the people of the State of New York, to improve their prosperity and
standard of living, and to prevent unemployment and economic deterioration; and

WHEREAS, to accomplish its stated purposes, the Agency is authorized and

empowered under the Act to acquire, construct, reconstruct and install one or more
”projects”
(as defined in the Act) or to cause said projects to be acquired, constructed,
reconstructed and installed, and to convey said projects or to lease said projects with the
obligation to purchase; and
latest of which was issued on July 17, 2023 which authorized the Agency to develop the
STAMP Site including the incidental take of certain species (”Winter Raptors”) as
described therein subject to the Agency implementing a Net Conservation Benefit Plan
as described in the Take Permit; and

WHEREAS, the Agency has implemented the Net Conservation Benefit Plan and
no further mitigation or environmental investigation relative to Winter Raptors is
warranted or required; and

WHEREAS, in June of 2021 the Tonawanda Seneca Nation (”Nation”)

commenced a lawsuit against the Agency with respect to the Agency’s 2021 SEQRA
Determination that was ultimately dismissed by the Genesee County Supreme Court
(”Gateway Litigation”); and

WHEREAS, the Nation and Agency entered into a Stipulation of Settlement

(”Plug Power Settlement Agreement”); and

WHEREAS, the Agency has signed on to a 2018 Programmatic Agreement

(”Programmatic Agreement”) between the United States Army Corps of Engineers
(”USACE”) and the New York State Office of Parks, Recreation and Historic
Preservation State Historic Preservation Office (”SHPO”), and the New York State
Department of Environmental Conservation (”NYSDEC”) as an Invited Signatory; and

WHEREAS, the Nation was invited to sign the Programmatic Agreement as an

Invited Signatory but has declined to do so; and

WHEREAS, the Programmatic Agreement governs USACE’s compliance with

Section 106 of the National Historic Preservation Act and, at the request of the Nation,
sets forth that the Nation shall undertake an investigation of the Nation’s Territory as a
Traditional Cultural Property (”TCP”) to evaluate the eligibility of the Nation’s
Territory for listing on the National Register as a property of religious and cultural
significance and to guide evaluation of potential adverse effects to the Nation’s
Territory as a TCP; and

WHEREAS, to date, the Nation has declined to share any results from the TCP
investigation with the Agency other than such information as was disclosed by the
Nation's members in certain affidavits submitted in connection with the Gateway
Litigation; and

WHEREAS, the Programmatic Agreement also details the extensive

archaeological investigation undertaken for the STAMP Site, including a detailed and

3
 WHEREAS, in connection With the Project, by letter dated January 3, 2025, the
Agency circulated an updated notice of intent to re-establish itself as lead agency to all
potentially Interested and Involved Agencies (”Updated Notice”) in conjunction with
the receipt of an additional application (”Application”) from Stream US. Data Centers,
LLC (”Applicant”) for the proposed development of a data center (”Data Center”)
housed Within three single story structures totaling 900,000 square feet, on an
approximately 6O acre site located Within the STAMP Site at 6840 Crosby Road
(”Parcel”) (SBL: 10-1-4112 and 10—1-3) (”Project Double Reed”); and

WHEREAS, no interested or involved agency objected within 30 days to the re-

establishment of the Agency as lead agency and thus, the Agency has properly been re-
established as the lead agency for STAMP; and

WHEREAS, on January 7, 2025, the Agency circulated to the Nation, NYSDEC,

and SHPO an initial assessment prepared for Project Double Reed pursuant to the LOR
(”IA”), together With detailed design documentation for Project Double Reed; and

WHEREAS, on January 30, 2025, the Nation provided a letter providing

comments on Project Double Reed as well as the two other applications; and

WHEREAS, on February 3, 2025, the Agency held public hearings on the

Application as well as the two other competing applications; and

WHEREAS, the Agency is now reviewing whether to undertake or approve

Project Double Reed in accordance with the requirements of SEQRA, the STAMP GEIS
and the STAMP Findings and must determine whether Project Double Reed has the
potential to have any significant adverse environmental impacts that were not
previously analyzed and addressed in the STAMP GEIS and the STAMP Findings; and

WHEREAS, should the Agency resolve to undertake or approve Project Double

Reed, the Agency will not undertake or approve the competing applications; and

WHEREAS, to aid the Agency in evaluating the significance of potential

environmental impacts associated with Project Double Reed, the Agency has
completed, received and/ or reviewed:

1) the GEIS;
2) an Environmental Assessment Form Part I prepared by Project Double Reed,
(llEAF/l);
3) the Application, including all attachments and appendices thereto including
4) conceptual site plans (”Site Plan”);
 31) other relevant environmental information (collectively, 1-31, together with all
analysis and supporting documentation referenced therein or relied upon
thereby, are incorporated by reference herein in their entirety and shall be
referred to as the ”Environmental Information”); and

WHEREAS, while the Agency is not a ”state agency” within the meaning of the
Climate Leadership and Community Protection Act (”CLCPA"), and while the
requirements Environmental Justice Law do not apply to the Agency’s SEQRA review
of Project Double Reed due to the Agency’s acceptance of the DGEIS in 2011, the
Agency has nevertheless evaluated potential environmental impacts on disadvantaged
communities and air emissions as set forth more fully below; and

WHEREAS, a thorough analysis of the Environmental Information and potential

environmental impacts associated with Project Double Reed reveals that Project Double
Reed is a Future Project Use that will be carried out in conformance with the conditions
and thresholds set forth in the STAMP Findings and that all potential impacts
associated with Project Double Reed are adequately addressed in the STAMP GEIS and
the STAMP Findings, and, accordingly, that no further SEQRA compliance is required.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF

THE GENESEE COUNTY INDUSTRIAL DEVELOPMENT AGENCY D/ B/ A
GENESEE COUNTY ECONOMIC DEVELOPMENT CENTER AS FOLLOWS:

Section 1. Based upon a thorough review and examination of Project Double

Reed and the Environmental Information, and upon the Agency’s knowledge of the
area surrounding the STAMP Site and such further investigation of Project Double Reed
and its environmental effects as the Agency has deemed appropriate, the Agency makes
the following findings With respect to Project Double Reed:

(A) The Project remains a Type I Action;

(B) The Agency, as Lead Agency for the Project, has undertaken a coordinated
review of Project Double Reed in accordance with SEQRA and the STAMP
GEIS, as amended.

Section 2. Based upon the Agency's review of the Environmental Information

and investigations of the potential environmental impacts associated with Project
Double Reed, considering both the magnitude and importance of each potential
environmental impact indicated, and upon the Agency's knowledge of the STAMP
GEIS and the STAMP Findings as well as the STAMP Site and surrounding area and
planned development at the STAMP Site, including Plug Power and Edwards Vacuum,
totals approximately 750,500 sq. ft., which when combined with Project Double Reed,
totals approximately 1,650,500 sq. ft.--far less than what is contemplated in the STAMP
GEIS. Based on these facts, Project Double Reed will not have any significant adverse
impacts on land that were not analyzed in the STAMP GEIS.

B. Impact on Geological Features:

The STAMP Site does not contain, and is not adjacent to, any unique geologic features
or National Natural Landmarks, nor will the additional construction of Project Double
Reed pass through or near any unique geologic features or National Natural Landmarks
off-site. Accordingly, Project Double Reed is not anticipated to create any potentially
significant adverse impacts to geological features that were not analyzed in the STAMP
GEIS.

C. Impact on Surface Water:

As detailed in the Tech Team Memo, there are no wetlands, streams, or tributaries
directly within the development impact area associated with Project Double Reed. As
defined in the GEIS and documented in the Land Management Plan and wetland
delineation reports, current land use within and surrounding the proposed
development area is primarily row cropping (corn and soybeans).

The preliminary Stormwater Management Plant indicates that there will be an increase
in impervious area and will require both stormwater quality and quantity mitigation
measures consistent with the requirements of the SPDES General Permit for Stormwater
Discharges from Construction Activity to ensure projects control erosion, sediment, and
pollutants in surface runoff during construction and after buildout. These regulations
ensure best management practices are utilized, installed, and maintained for the life of
the project including erosion and sediment control features during construction and
bioretention basins, stormwater management ponds, and vegetated swales to filter
pollutants and control flow thereafter. Green infrastructure elements are indicated as
well including rain gardens fOr roof drainage, infiltration trenches for parking areas,
and vegetated buffers. Designs indicate that treated water will naturally sheet flow
discharge following existing drainage patterns at the same flow rate. This design
ensures that water will continue to flow at the appropriate rate and quality into the
large, forested wetland complex in the northwest corner of the site. This design also
addresses concerns about maintaining hydrological inputs into existing wetlands.

Conclusion:
Project Double Reed will not use any pesticides, herbicides, or insecticides during
construction or operation. Additionally, Project Double Reed is not located over an
aquifer and does not include any storage containers that hold hazardous wastes.
Project Double Reed does include the storage of approximately 60,000 gallons of
petroleum for use by 6 planned emergency power generators (”Generators”). Project
Double estimates the Generators Will need to be refueled only once per year. The
Application provides the conceptual Emergency Response Procedures includes a spill
response plan which provides comprehensive procedures, contacts, and information for
minimizing and preventing the harm from any petroleum spill on the Parcel.

The GEIS contemplates that the Project will involve operations which require the bulk
storage of hazardous materials and petroleum, including use for emergency generators.
The GEIS acknowledges that the storage and use of large volumes of petroleum at
STAMP is regulated by the Federal Spill Prevention Control and Countermeasures
(”SPCC") rules and NYSDEC regulations for the bulk storage of petroleum. These
regulatory regimes comprehensively regulate the storage, transfer, and use of
petroleum and are specifically implemented to prevent significant risk and harm from
bulk petroleum storage.

The SPCC rules laid out in 40 CPR Part 112 specifically apply where a facility has a total
above ground storage capacity of greater than 1,320 gallons of petroleum, which if
inadvertently discharged could reach federally protected waters. When SPCC rules
apply, a facility is required to provide, among Other requirements, adequate secondary
containment of petroleum in storage and transfer areas, and the creation of an SPCC
plan describing the measures taken at the subject facility to control and prevent
inadvertent petroleum releases. NYSDEC rules in 6 NYCRR Parts 613-614 for
petroleum bulk storage (”PBS”) of 1,100 gallons or more require concurrent similar
protection and control measures as well as registration and record keeping
requirements, and design standards for storage tanks. NYSDEC’s PBS rules also
provide specific requirements for testing, leak detection, inspections, and monitoring.
As explained in the GEIS, these requirements are designed to mitigate any potential
adverse impacts to human health and the environment, including groundwater and
surface water resources. Given the amount of diesel fuel proposed to be stored for
emergency Generator use by Project Double Reed, same would be required to comply
with all SPCC and NYSDEC regulations.

Conclusion:

Project Double Reed does not include any new potentially significant adverse impacts
to ground water that were not analyzed in the STAMP GEIS. No groundwater will be

11
Data Center operations, the generators will require regular testing and maintenance to
ensure operational readiness in the unlikely event of a power outage.

The Emissions Summary conservatively estimates that the Generators are anticipated to
operate 19 hours per year for testing and maintenance, and 24 hours per year during
actual emergency power outage events. Accordingly, given the total projected annual
runtime of 43 hours, and based on the manufacturer’s data for the Generators, the
Emissions Summary estimates total cumulative emissions of all 6 Generators will be as
follows:
0 NOx=8.6 tons per year (tpy)
o PM10=.08 tpy
o PM2.5=.08 tpy
o VOC=.11 tpy
0 CO=.77 tpy

For reference, the Title V Major Source Thresholds for each pollutant are:
o NOx=1OO tpy
o PM10=100 tpy
o PM2.5=100 tpy
0 VOC=50 tpy
o CO=1OO tpy

Accordingly, air emissions from the Generators will be well below the major source
thresholds requiring a NYSDEC Title V Air Permit and well below 50% of the same
thresholds triggering the lesser State Facility Permit requirements. The Air Report
explains that based on its estimated emissions, Project Double Reed could qualify for
the lesser Air Facility Registration, with Federally Enforceable Emission Caps, which is
reserved for facilities that will emit less than 50% of the Title V Major Source Threshold
for any regulated pollutant. Additionally, neither the Generators nor any other Project
Double Reed components are anticipated to emit any other harmful pollutants such as
perfluorocarbons, hydrofluorocarbons, or sulfur hexafluoride.

Conclusion

As outlined in the GEIS, the amount of mobile sources added to the STAMP Site is not
to such a degree to jeopardize the National and New York State Ambient Air Quality
Standards (”NAAQS"). The GEIS contemplated the increase of air emissions from
stationary sources, including regulated sources not exceeding Title V permitting
thresholds. Specifically, the GEIS contemplated air emissions from the use of diesel-
fueled emergency stand-by generators by STAMP Tenants, including regulated

13
with a NYSDEC-approved monitoring and habitat restoration plan. The Take Permit
and Net Conservation Benefit Plan apply to the site proposed for the Data Centers, and
the Data Centers do not propose any modifications or expansions of the same. As
discussed above, the Data Centers will not have any direct impact on surface waters, or
any habitats therein, within or outside of the STAMP Site due to the proposed
stormwater controls and regulatory requirements applicable to the Data Centers.

Specific concern has been expressed by the Nation that noise will negatively impact the
following species: bald eagle, sandhill crane, tri-colored bat, salamander mussel, and
hellbender. None of these species are known to be present on the STAMP Site, with the
exception of the sandhill crane, as discussed below.

Within New York, eastern hellbenders are known to occur only within the Allegheny
and Susquehanna River drainages, neither of which are Within the vicinity of STAMP.
This species requires swift running, well oxygenated, unpolluted streams with the
presence of riffles and an abundance of large flat rocks, logs, or boards. It is possible
that a limited version of this habitat is available within Whitney Creek. However, the
unlikelihood of suitable habitat combined with known locations of eastern hellbenders,
makes it highly unlikely that this species is present within the STAMP site.

Like hellbenders, salamander mussels also require rocky, swift-flowing streams,

making Whitney Creek the only remotely suitable habitat on STAMP. Should
salamander mussels occur in Whitney Creek, the nearest occurrence would be at the far
southern end of the property, approximately 0.75 miles away from the proposed data
centers, reducing noise levels close to those already existing. Notably, Whitney Creek is
proposed to be permanently protected in connection with the development of the
STAMP Site, as a part of an approximately 200 acre conservation buffer proposed by
GCEDC at the request of the Nation.

Bald eagles, a state-threatened species, have been documented flying over the STAMP
site but have not been observed foraging or engaged in breeding behavior. To avoid
impacts to this species, regulations state that all areas within 660 feet of a nest must be
avoided. There are no known bald eagle nests within the STAMP site, nor are any
known to exist within 660 feet of the STAMP boundary.

Sandhill cranes, which are neither federally nor state listed nor a species of special
concern within New York, have been documented infrequently foraging on STAMP
during their migration season. As analyzed within the GEIS, sandhill crane, like other
species that may be displaced from STAMP during full buildout, will continue to utilize
the abundant agricultural fields that are present in the surrounding landscape.

15
According to the United States Department of Agriculture (”USDA”) 2022 Agriculture
Census, Genesee County currently has 147,288 acres of crop and pasture land in use.
Therefore, the potential loss of future agriculture use of the STAMP Site represents less
than 1% of the total crop land acres located in Genesee County (i.e., 0.65%), with the
loss of acreage from Project Double Reed making up a fraction of the same Project
Double Reed does not propose to impact any agriculture land beyond that which 1s
contemplated under the GEIS

Here, Project Double Reed is proposing the development of approximately 6O acres

which is below the threshold contemplated in the STAMP GEIS, and none of which is
prime farmland. Based on these facts, Project Double Reed Will not have any significant
adverse impacts on agricultural land resources that were not analyzed in the STAMP
GEIS.

I. Impact on Aesthetic Resources:

Project Double Reed involves construction of three, single story buildings which will be
approximately 53 ft. tall, 450 ft. wide, and 850 ft. long. The nearest officially designated
and publicly accessible federal, state, or local scenic or aesthetic resources (Iroquois
National Wildlife Refuge and the John White Game Farm), as well as the Nation’s
Territory, are separated from the proposed development by a substantial buffer in
which no development will occur. Specifically, there is a 400 ft. buffer maintained
around the perimeter of the entire STAMP Site to mitigate any aesthetic impacts to
surrounding uses. Additionally, there is a minimum 500 ft. (and in some places
extending up to approximately 1,600 ft.), 200 acre buffer surrounding the border of the
western boundary of the STAMP Site where it abuts the Nation’s Territory. Project
Double Reed will, at its closest point, be over 1/2 mile (3,800’) from the Nation’s
Territory.

The existing woodland on the STAMP Site and the Nation’s Territory provides a
substantial existing vegetative screen. Project Double Reed will include outdoor
lighting on the Data Center buildings, parking areas, and access drives. Perimeter
lighting will be dark sky compliant and shielded to prevent off—site light impacts. The
Illumination Plan confirms that there will be no significant light spillage beyond the
boundary of the Parcel. Pursuant to the Landscape Plan, Project Double Reed also
proposes to install significant landscape screening to further shield the Parcel from view
from surrounding uses.

In order to assess the potential visual impacts of Project Double Reed, the Application
includes the Visual Assessment which simulates aesthetic impacts on views
surrounding the Parcel. These included locations along Crosby Road, where the

17
Impacts to historic and archaeological resources are analyzed extensively in the GEIS;
and the programmatic agreement (”Programmatic Agreement”) entered into between
the Agency and the U.S. Army Corps of Engineers (”USACE”) comprehensively cleared
the STAMP Site of archaeological resources. Further, as required by the letter of
resolution (”LOR”) that was negotiated between NYSDEC, the Agency, SHPO, and the
Nation, the Agency has prepared IAs for each of the Data Centers in order to evaluate
whether they will have any adverse impact upon the Nation’s Territory as a property of
religious and cultural significance based on the National Register Criteria for eligibility.
The Nation has been working with SHPO over the course of several years to nominate
of the Nation’s Territory as a Traditional Cultural Property (”TCP”) for listing on the
National Register as a property of religious and cultural significance, but has not yet
provided the necessary information for such a nomination to proceed. The Nation has
worked with the SHPO most recently on a draft determination of eligibility document,
however, that document has not been completed or released to the Agency for review in
its draft form. Notwithstanding, for the purpose of SEQRA review and review under
the Programmatic Agreement and LOR, the Agency assumes that the Nation’s Territory
would be eligible for listing on the National Register of Historic Places.

As required by the GEIS, a Phase 1-3 Cultural Resource Investigation has been
undertaken at the portion of the STAMP Site relevant to the Data Center. The Cultural
Resource Investigation documents that the area proposed for development by the Data
Center is not near or contains an archeological site or district which is listed on the
national or state register of historic places or that has been determined by the
commissioner SHPO to be eligible for listing on the state register of historic places.
Further, as detailed in the IA for Double Reed, the project would not result in significant
adverse impacts to the Nation’s Territory, for the reasons described both in the IA and
herein. Specifically, Project Double Reed will not result in any significant adverse
impacts to noise, air emissions, light, odor, health and safety, surface or groundwater.
In fact, as detailed above, Project Double Reed will contribute to an overall
improvement in wetland quality due to the removal of agricultural runoff.

Based on these facts, the Double Reed project would not have any significant adverse
impacts on Historic or Archaeological resources. Further, as detailed in the IA, Project
Double Reed will not result in significant adverse impacts to the Nation’s Territory as a
TCP, for the reasons described both in the IA and herein.

Conclusion

Consistent with the requirements of the GEIS, in order to address any potential impacts
associated with the future development of a specific use at the Parcel, the Agency is a

19
There are no Critical Environmental Areas as described in subdivision 6 NYCRR
61 7.14(g) on the STAMP Site, including the Parcel, or in proximity to the STAMP Site.
Accordingly, Project Double Reed will not have any significant adverse impacts upon
Critical Environmental Areas that were not analyzed in the STAMP GEIS.

M. Impact on Transportation:

Project Double Reed will increase traffic from the addition of employee vehicle trips to
the Parcel as Project Double Reed is expected to be staffed 24 hours per day in three,
eight hour shifts. Night-time shifts will have less staffing and therefore, less traffic
generation. The majority of vehicle trips to the Parcel will be from employee passenger
vehicles, with infrequent truck trips limited to 2-3 deliveries per day.

The Traffic Report provided vehicle trip estimates for similarly sized uses per the ITE
Trip Generation Manual (”ITE Manual”). The ITE Manual estimates vehicle trips for
similarly sized data centers to be 99 trips during the weekday AM peak hour and 81
during the weekday PM peak hour. However, the Traffic Report explains that the ITE
Manual, may rely on outdated surveys which do not reflect the reduced staffing needs
of modern data centers. Therefore, the Traffic Report provides adjusted estimated
vehicle trips based on observations from similarly sized data centers owned by the
Applicant. The adjusted estimation is provided as 81 trips during the weekday AM
peak hour and 27 during the weekday PM peak hour. In either case, both estimates are
far lower than the estimated trips for similarly sized light industrial and manufacturing
operations contemplated under the GEIS.

There will be an increase from O to 180 parking spaces proposed for Project Double
Reed, as well as additional roadway access and internal travel lanes. There are no
public transportation services or facilities Within mile of the Parcel.
1/2

Conclusion

The GEIS analyzed the traffic impacts from STAMP on surrounding roads at various
phases of development up to full development which includes 6,130,000 sq. ft. of floor
space with over 9,000 employees. The GEIS contemplates that at 70% of build out,
STAMP would generate 1,424 new AM peak hour trips and 1,924 PM peak hour trips.
The STAMP GEIS sets forth specific clear numeric thresholds which must be exceeded
to trigger traffic improvements as well as updates to the GEIS traffic analysis.
Specifically, the STAMP GEIS provides that no additional traffic study need be
prepared until the development of the STAMP Site has resulted in over 1,925 trips
during the peak PM hour.

21
consume approximately 250 MW of energy. Plug Power anticipates the need for 265
MW and Edwards Vacuum anticipates a demand at full build out of 7 MW. When
added to Project Double Reed, total energy demand would be 522 MW, which is well
below the GEIS threshold of 600 MW. Accordingly, Project Double Reed will not have
significant adverse impacts upon energy that were not analyzed in the STAMP GEIS.

O. Impact on Noise, Odor, and Light:

Project Double Reed will likely exceed the ambient noise levels during construction
because of typical construction noises such as trucks and excavators. Project Double
Reed operations are not anticipated to appreciably increase ambient noise conditions at
the border of the STAMP Site or exceed the STAMP boundary noise limits
contemplated in the GEIS.

The GEIS explains that there are no quantifiable noise control ordinances that apply to
the area surrounding the STAMP Site. The GEIS therefore analyzed anticipated impacts
to noise based on NYSDEC guidance, contemplating that impacts at the STAMP Site
boundary would be limited to 65 dBa during the day and 45 dBa during the night.

The Noise Report included with the Application assessed anticipated noise impacts
from operation of the Data Center on surrounding sensitive noise receptors. The Noise
Report modeled sound impacts from Project Double Reed under three operation
scenarios (”Operation Scenarios”): (i) normal operation of the Data Center; (ii)
operation of the Data Center with three Generators operating for maintenance, and; (iii)
operation of the Data Center with all six Generators operating under emergency
conditions.

The Noise Report modeled sound impacts at 9 sensitive receptors surrounding the
Parcel, including the boundary of the nearest residentially zoned district, and the
Nation’s Territory. Estimated noise impacts were compared against NYSDEC’s
recommended noise guidelines of a maximum of 45 dBa during nighttime hours, to
ensure a conservative estimate. The Noise Report modeled noise impacts under three
build conditions: unmitigated; mitigation with a 14-20 ft. rooftop barriers (”Mitigation
1”); and mitigation with 14-15 ft. rooftop barriers and a 10 ft. barrier wall along the
northern and eastern bounds of the Parcel in accordance with the Noise Mitigation Plan
(”Mitigation 2”). Per Double Reed’s February Letter, it has confirmed that it will
implement Mitigation 2 or an equivalent effective design.

Under all three Operation Scenarios, the mitigated noise levels at all receptors are
estimated to not exceed the 45 dBa threshold at the closest residential receptors beyond

23
is anticipated that the construction work associated with Project Double Reed will not
have a significant impact on public health and safety.

Furthermore, there will be no commercial generation, treatment, or disposal of

hazardous waste at the Parcel. Additionally, there will be no pesticides used during
construction or operation of Project Double Reed.

No construction of, or modification to, any solid waste management facility will be
necessary to accommodate Project Double Reed. While hazardous waste is not
anticipated to be unearthed during construction or operation of Project Double Reed,
any such materials (if unearthed) will be disposed of in accordance with all applicable
federal, state, and local rules and regulations. Storage of diesel fuel for the Generators
will be required to comply with the federal SPCC and NYSDEC PBS regulations.

Project Double Reed provided the Emergency Response Procedures, which are
designed to minimize or eliminate potential impacts in the event of an unforeseen
emergency. Furthermore, these Emergency Response Procedures are specifically
tailored to operation of a data center.

The Emergency Services Summary indicates the Applicant made inquests to the
emergency services serving the Parcel to determine what, if any, impacts construction
and operation of Project Double Reed would have on existing levels of service. The
Genesee County Sheriff’s Office and New York State Police (Troop A) indicated that
ProjectDouble Reed would have ”minimal impact” on existing levels of service. The
Alabama Volunteer Fire Department has locations that are 2-6 minutes driving time
away from the Parcel and has confirmed that Project Double Reed would result in a
negligible increase of fire calls. Outreach to the EMS service serving the Parcel
indicated that Project Double Reed would have minimal impact on emergency calls.
The lack of impacts was furthered confirmed by the Town of Alabama via the Alabama
Letter, indicating that the Town has ample capability to provide emergency response
services to Project Double Reed.

Furthermore, Project Double Reed does not seek to locate in unsafe low-tech
environments, in previously unused warehouses, or old industrial sites. Rather, Project
Double Reed will construct a state of the art, purpose designed and built facility with all
modern safety systems included. Additionally, electric service to Project Double Reed
would be provided through a brand new upgraded electrical substation designed
specifically to handle enough capacity to power the entire STAMP Site, including
Project Double Reed.

Conclusion

25
itlJ
Nation's Territory range from 400-1,6OO ft. Further, Project Double Reed will be located
at least 3,800 ft. away from the Nation’s Territory.

The maximum proposed height of Project Double Reed is 53 ft., less than half the
permitted height in the underlying zoning district analyzed in the GEIS. The Visual
Assessment confirms that Project Double Reed would have minimal intrusion on the
horizon profile, and would be well screened through additional proposed landscaping.

As Project Double Reed is entirely consistent with the thresholds and mitigation
measures set forth in the STAMP GEIS, it will not have any impacts on community
character or plans that were not previously analyzed in the STAMP GEIS.

R. Impact on Disadvantaged Communities

Per the New York Environmental Justice Law (”BIL”), lead agencies must consider
during SEQRA review, Whether the proposed action would result in a disproportionate
pollution burden on a DAC. However, the EJL does not expressly apply to projects
such as STAMP, where such project has already undertaken a GEIS prior to the effective
date of the EJL. See NY LEGIS 840 (2022), 2022 Sess. Law News of N.Y. Ch. 840, § 9 (S.
8830) (McKinney’s). Notwithstanding, the Agency includes an analysis here in
accordance with the EJL.

New York’s Climate Justice Working Group (”CJWG”) in its map of DACs has
identified the Nation’s Territory (Census Tract 360379401 00) and large portions of
Genesee County (including the Town of Alabama, Census Tract 36037950300) as DACSJ
As early as 2012, the STAMP Findings which followed the issuance of the GEIS
included a detailed explanation of the public need and benefit achieved through the
development of STAMP. As detailed in the STAMP Findings:

The Project’s central purpose is to play a signiji‘cant role in reversing a trend ofeconomic
stagnation that has afected the Western New York region in recent years. The needfor
reversing this trend may be seen locally in 2010 US Census Jigares indicating declines in
population for hoth the Town ofAlabama and Genesee County over the past ten (1 0) years.
STAMP will result in a number ofbenefits that have the potential to mitigate this trend in a
substantial way.

l The Agency recognizes and respects the Nation's disagreement of the use of the term ”disadvantaged
community” in reference to the Nation, as explained in the Nation Letter. The Agency uses it only with
regard to the classification pursuant to the Environmental Conservation Law.
27
district, and County, which would translate to further improvements in the quality of
life of the DACs. Future improvements include providing locals with access to public
sewer, thereby reducing impacts to groundwater and public health associated with
existing septic systems. As detailed above, the Agency has proposed to permanently
protect approximately 200 acres of lands adjacent to the Nation’s Territory to ensure
that no development will occur in such acreage, while also replacing agricultural runoff
from stormwater events with runoff treated consistent with the requirements of the
SPDES. Accordingly, Project Double Reed will not result in a disproportionate burden
on DACs.

Section 3. In summary, as detailed above, based upon the Agency‘s review of

the Environmental Information and investigations of the potential environmental
impacts associated with Project Double Reed, considering both the magnitude and
importance of each potential environmental impact indicated, and upon the Agency's
knowledge of the STAMP GEIS and the STAMP Findings as well as the STAMP Site and
surrounding area and such further investigations of the Project Double Reed and its
environmental effects as the Agency has deemed appropriate, the Agency finds that all
potential environmental impacts associated with Project Double Reed are adequately
addressed in the STAMP GEIS and the STAMP Findings and that no further SEQRA
compliance relative to Project Double Reed is required.

Section 4. Having considered the Environmental Information and GEIS, and

STAMP Findings, and having considered the relevant environmental impacts, facts and
conclusions relied upon to meet the requirements of 6 NYCRR § 617.11, and having
weighed and balanced the relevant impacts with social, economic and other
considerations, the Agency recertifies that:

(i) The requirements of 6 NYCRR Part 617 have been met; and

(ii) Consistent with the social, economic and other essential considerations
from among the reasonable alternatives available, the Project remains one which avoids
or minimizes adverse environmental effects to the maximum extent practicable, and
that adverse environmental impacts will be avoided or minimized to the maximum
extent practicable by incorporating as conditions to the decision those mitigative
measures which were identified as practicable.

Section 5. The officers, employees and agents of the Agency are hereby
authorized and directed for and in the name and on behalf of the Agency to do all acts
and things required and to execute and deliver all such certificates, instruments and
documents, to pay all such fees, charges and expenses and to do all such further acts
and things as may be necessary or, in the opinion of the officer, employee or agent

29
 The question of the adoption of the foregoing Resolution was duly put to a vote
on roll call, which resulted as follows:

The foregoing Resolution was thereupon declared duly adopted.

31