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1.1 Decision 

The Federal Transit Administration (FTA), as the lead federal agency for this project, has 

determined that the requirements of the National Environmental Policy Act (NEPA) and 

applicable regulations and statutes have been met for the Denver Union Station (DUS) project 

located in Denver, Colorado. This Record of Decision explains the project decision, mitigation 

measures to be incorporated in the project, public involvement outreach conducted through the 

process and Section 4(f) approval. 

The Final Environmental Impact Statement (Final EIS) was prepared by the Regional 

Transportation District (RTD) and Federal Transit Authority (FTA) and, in cooperation with the 

Federal Highway Administration (FHWA), Federal Railroad Authority (FRA), City and County of 

Denver (CCD), Denver Regional Council of Governments (DRCOG), and Colorado Department 

of Transportation (CDOT). It was published in August 2008. The Final EIS focused on public 

transportation improvements planned at Denver Union Station (DUS) and the impacts of each 

proposed transportation element. The transportation elements described in this Record of 

Decision are referred to as the Build Alternative. 

The major elements of the Build Alternative are listed here with details in Section 1.3.2. The 

project elements which make up the Build Alternative fall into three general categories: 

 Transportation facilities including new or relocated RTD, Amtrak and Ski Train facilities; 

 Infrastructure repairs and upgrades necessary to accommodate the transportation 

facilities; and, 

 User access to and egress from the facilities. 

These primary elements include: 

 Light Rail 

 Passenger Rail 

 Regional Bus Facility 

 16th Street Mall Shuttle 

 Access improvements for a Downtown Circulator 

 Pedestrian Access and Circulation 

 Street and Infrastructure Reconstruction 

 Parking Structure 

 Bicycle Access 

FTA has considered all of the information in the public record, including the DUS Draft EIS, the 

Final EIS, regulatory and resource agency coordination, Draft and Final EIS public hearing 

comments and public and agency review comments on the environmental documents. The FTA 
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has determined that the requirements of NEPA have been satisfied for the Denver Union Station 

project. This decision pertains to the Build Alternative as described in the Final EIS and as 

modified in this ROD, and is subject to the mitigation measures detailed in Appendix A of this 

ROD. 

1.2 Purpose and Need 

The purpose of the proposed project is to enhance the function of DUS as a multimodal 

transportation center for the Metro Denver Region and the entire State of Colorado. Improving 

DUS will bring together the various modes of transportation into one place and provide efficient 

and convenient access to and from downtown Denver. The proposed transportation 

improvements would help relieve traffic congestion, improve air quality, and provide additional 

mode options for the traveling public. 

The DUS project responds to a range of transportation-related issues facing the Denver 

metropolitan area. These issues concern the need to optimize the effectiveness of the region’s 

transportation system and to improve mobility and access to employment and other major activity 

centers in the region. To this end, redevelopment of DUS will facilitate connectivity and transfers 

between modes and services, improve passenger services, and provide the public with a variety of 

modal choices to reach a broad range of downtown and regional destinations. 

Various planning studies have shown that population and employment levels in the metropolitan 

Denver area are anticipated to increase approximately 50 percent by 2030. In response to this 

growth, the region has identified several transportation mode solutions such as bus rapid transit 

(BRT), light rail transit (LRT), passenger rail, and high-occupancy vehicle (HOV) lanes to help 

relieve expected congestion, improve air quality, and offer additional transportation options to 

citizens within the region. 

FasTracks is RTD’s 12-year comprehensive plan and funding program to improve and expand 

the Denver region’s existing transit system and facilities. Approved in November 2004 by the 

region’s voters, the FasTracks funding source is a 0.4 percent sales tax increase. A portion of 

the FasTracks monies combined with funds from federal, state and other local sources are 

dedicated to DUS to construct the transportation improvements on-site. 

The Final EIS discusses the potential environmental, social, and economic impacts associated 

with the No Action Alternative, Build Alternative and Phase I Alternative. 

1.3 Alternatives Considered 

The project team initially defined a Transportation Systems Management (TSM) Alternative to 

be evaluated. The TSM Alternative traditionally assumes low-cost transportation improvements 

beyond the No Action Alternative. However, the FTA concurred with RTD in a letter dated March 

3, 2003 that the evaluation of a TSM as a baseline alternative was not needed because the 

environmental impacts would not significantly differ from the No Action Alternative. As such, the 

No Action Alternative, Phase I Alternative, and the Build Alternative were evaluated in detail in 

the Final EIS. 
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The Denver Union Station Master Plan, which established the broad goals for the reuse and 

redevelopment of the DUS site and its environs, was adopted by Denver City Council in 2004 

and the Denver Union Station Master Plan Supplement was adopted in 2008. Throughout this 

ROD, these two complementary documents will be referred to collectively as the DUS Master 

Plan.

The DUS Draft EIS evaluated over forty alternatives, including: 14 initial alternatives developed 

by the project team to respond to the project’s needs; 9 publicly submitted alternatives based on 

comments received after the public’s review of the 14 initial alternatives; and over 20 additional 

design options to the initial alternatives and publicly submitted alternatives. The alternatives 

were subjected to a four-tier screening process. The three alternatives that survived the four-tier 

screening process were subjected to more detailed engineering and review, which resulted in 

the elimination of one alternative. Upon closer examination, the project team determined that 

the improvements identified in one of the alternatives could be completed as an initial phase of 

the eventual build-out. The team recognized that due to funding limitations, implementation of 

the DUS Master Plan would occur in multiple phases over time -- possibly over a 20 year period. 

As such, the project team recommended the complete build-out be referred to as the Vision 

Plan and the initial phase of the build-out be referred to as Phase I of the Vision Plan (Phase I 

Alternative). The phasing recommendation was subsequently approved by the Project 

Management Team (PMT) and project standing committees. This process resulted in the 

reasonable alternatives that were presented and analyzed in the Draft EIS document. 

However, between publication of the Draft EIS and the Final EIS, other RTD FasTracks 

corridors selected vehicle technologies which changed the requirements for the passenger and 

light rail facilities previously planned at DUS. Also, additional funding was secured. Due to 

these changes, a combined alternative was developed that could be funded entirely in one 

phase. This alternative was referred to as the Build Alternative in the Final EIS and in this ROD. 

The Build Alternative added the construction of the regional bus facility, which will provide 

relocation and expansion of RTD’s regional bus facility from Market Street Station, plus 

accommodation of the planned Downtown Circulator service and additional room for commercial 

bus operators. 

1.3.1 No Action Alternative 

The No Action Alternative is used as a baseline for comparison to both the Phase I Alternative 

and the Build Alternative and is comprised of the existing and committed regional land use and 

transportation projects contained in the DRCOG 2030 Regional Transportation Plan (RTP). 

The travel modeling used for comparing the No Action Alternative to the Build Alternative 

assumes the 2030 road network and the 2005 transit network (existing and committed). Travel 

modeling comparing the No Action Alternative with the Phase 1 Alternative assumed the 2030 

road network and the 2005 transit network. Table 1-1 lists the major elements of the No Action 

Alternative, grouped by major subject area. 
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Table 1-1 

Major Elements of the No Action Alternative 

Existing Land Use Systems 

 19.5-acre site comprised of the DUS building and adjacent land and tracks 

Existing Transportation Elements 

 Southwest Corridor LRT (C-line) 

 Southeast Corridor LRT (E-line) 

 16th Street Mall Shuttle 

 Amtrak (passenger rail) at DUS 

 Ski Train at DUS 

 Special event trains 

 RTD North HOV Busway on 19th and 20th Streets connecting to the 16th 

Street Mall 

 Pedestrian/bike bridges at 16th Street and I-25, 16th Street and Platte River, 

and 16th Street and CML 

 City of Denver Bike Trails 

 Regional Buses (bus stops for RTD and commercial carriers) 

 Local RTD Buses 

DRCOG 2030 Regional Transportation Plan

 West Corridor LRT 

Private Transportation Projects 

 Pedestrian bridge at 18th Street over the Consolidated MainLine 

 15th Street and Delgany Street will be improved with an additional right turn 

lane from southbound Delgany Street to westbound 15th Street. This turn lane 

will remove on street parking spaces. 

1.3.2 Build Alternative 

Based on the results of a detailed screening process, the Build Alternative was found to best 

meet the purpose and need for the project. 

The Build Alternative will include all of the major transportation modes envisioned in the DUS 

Master Plan: light rail, passenger rail, and regional and express bus, as well as turnarounds for 

the 16th Street Mall Shuttle and future Downtown Circulator. A conceptual view of the Build 

Alternative showing the light rail, passenger rail, and regional bus facility is shown in Figure 1-1, 

including the modes that will be used by the future FasTracks transit corridors. A cross-section 

view of the Build Alternative is shown in Figure 1-2. 
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Figure 1-1 

Conceptual View of Major elements of the Build Alternative 

Source: Parsons Brinckerhoff 2008
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Figure 1-2 

Cross-Section View of the Build Alternative 

Source: Parsons Brinckerhoff, June 2008 

The follow are the major elements of the Build Alternative: 

 Light Rail – RTD will construct two LRT tracks and platforms so that they are adjacent 

to the Consolidated Mainline and will serve the Southeast, Southwest and West 

Corridors. 

 Passenger Rail – RTD will construct eight at-grade passenger rail tracks for Amtrak, Ski 

Train and RTD’s East, North Metro, Northwest, and Gold Line Corridors. Discussions 

with Amtrak, Federal Railroad Administration (FRA) and the Public Utilities Commission 

regarding design and operation details for passenger rail, as well as construction staging 

are currently ongoing. Amtrak will operate on track four (4) which will be extended in 

length to approximately 1600 feet. A double track for storage of Amtrak cars and 

locomotives will be provided immediately north of the track throat, extending 

approximately 1000 feet under the Park Avenue West viaduct. Additional discussion 

about the process established to resolve final design and operation details is provided 

below in Section 1.4 Environmental Consequences and Mitigation Measures. 

 Regional and Commercial Bus Facility – RTD will construct a bus facility under 17th 

Street which will extend from the LRT station to the DUS building. There will be 22 bus 

bays built; two will be for commercial buses and 20 will be for RTD services. Bus access 

will occur along the HOV ramp at 18th Street and where 18th Street ends at the CML.

 16th Street Mall Shuttle – RTD will extend the shuttle along 16th Street with a 

turnaround at the LRT station and will stop at DUS to provide service to passenger rail. 

 Downtown Circulator – Separate from the Build Alternative, RTD is planning to provide 

a new downtown circulator with service on 18th and 19th Streets which will have access 

to the below-grade bus facility using the inbound ramp at the east end of the regional 

bus facility. 

 Pedestrian Access and Circulation – There will be at-grade pedestrian access at all 

facilities, except the regional bus facility which is below-grade and will serve as a 

climate-controlled concourse connecting the light rail and passenger rail stations. There 

will be access to the bus facility through escalators, elevators, and stairs. A pedestrian 
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deck will be constructed over the passenger rail for access to passenger rail and 

parking. 

 Bicycle Access – Existing bicycle routes will remain and a new connection on 16th 

Street between Wynkoop Street and the Millennium Bridge will be created. Bicycle racks 

and lockers will be provided around transit facilities. A site between 15th and 16th Street 

has been identified as a potential location for a bike station assuming an operator and 

supplemental funding can be identified. Since publication of the Final EIS, the City and 

County of Denver has committed to working with this project to provide unprogrammed 

Wewatta Street right-of-way in this area for a bike station. Bicycles will also be able to 

share general purpose lanes on the additional street infrastructure described in the next 

section. 

 Street Infrastructure and Reconstruction – Portions of Chestnut Place, and 16th, 

17th, 18th, and Wewatta Streets will be reconstructed to accommodate the proposed 

transit improvements, as well as auto, bicycle and pedestrian circulation. The 16th Street 

right- of-way will be widened between Wynkoop and Wewatta Streets and rebuilt 

between Wewatta Street and the Millennium Bridge. 17th Street will be rebuilt over the 

below-grade regional bus facility. Since publication of the Final EIS, the proposed crosssections for 16th Street (between Wynkoop Street and the Millennium Bridge) and 17th 

Street (between Wewatta Street and Chestnut Place) have changed. Both proposed 

changes provide more space for pedestrian movements and improved traffic circulation 

and neither create additional environmental impacts. These changes were presented at 

the Final EIS Public Hearing and made available on the project website. An extension of 

the 18th Street alignment west of Wynkoop Street will provide access to the parking 

garage and regional bus facility. Many utilities will be relocated to accommodate the 

below-grade bus facility as well as the modifications to at-grade transit infrastructure and 

rights-of-way. 

 Parking Structure – One level of elevated parking over the passenger rail station will 

provide approximately 150 market-rate parking spaces for the general public. 

1.4 Environmental Consequences and Mitigation Measures 

Environmental consequences and recommended mitigation measures for the Build Alternative 

are described in this section. Mitigation measures are described in detail in the Final EIS. 

Mitigation commitments are formally adopted as a part of this document. These are included in 

Appendix A of this document. 

Construction 

It is anticipated that the majority of negative impacts will occur during construction and will be 

temporary. Construction impacts will include noise, dust and vibration increases in and around 

the station, short-term congestion associated with vehicle detours or workers and equipment 

moving through the study area, and short term business impacts in Lower Downtown (LoDo). 

Although these impacts cannot be avoided, they are not expected to result in long-term adverse 

conditions within the study area. Construction of the Build Alternative will begin in early 2009 

with a projected completion date of 2013. 
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One important element of this work will be reconstruction of the existing track throat north of 

18th Street. Amtrak and Ski Train operations will be maintained during construction of the 

passenger rail station by providing a temporary platform between 18th and 20th Streets. In June 

2008, Amtrak was provided with two temporary platform design options that could be built 

without affecting the environmental impacts. Prior to and during construction, the project team 

will coordinate with Amtrak and Ski Train to include provisions for all existing train servicing 

operations and essential passenger needs at the temporary station. 

Traffic 

After the FEIS was published, a supplemental transportation study for the Build Alternative was 

completed for RTD and the City and County of Denver. RTD believes this study is a more 

accurate prediction of area vehicle and pedestrian movements than the model used in the FEIS. 

There the results of this study have replaced the 2030 DRCOG model household and 

employment estimated traffic projections with data representative of the specific development 

projects in the Central Platte Valley. The new number of housing units is 1,790 and the amount 

of office space is 2,775,000 square feet. It is also estimated that 345,000 square feet of retail 

and restaurant uses and 350 hotel rooms will be constructed in the Central Platte Valley. These 

estimates are projected land-uses based on the latest zoning-compliant development scenarios 

not necessarily approved development projects. Though the results of the supplemental 

transportation study identified impacts at several study area intersections, only four require Build 

Alternative mitigation. 

The Build Alternative is expected to impact the following four intersections and the project will 

mitigate them by constructing improvements as described in Appendix A. 

 20th Street and Chestnut Place 

 17th Street and Wewatta Street 

 16th Street and Wynkoop Street 

 15th Street and Wewatta Street 

The Build Alternative is also expected to impact the intersections listed below. However, the 

only reasonable improvements are signal timing adjustments which will be completed by the 

City and County of Denver independent of the Build Alternative. These independent 

improvements which are listed below are not included in the mitigation table in Appendix A. 

 Speer Boulevard and Wewatta Street 

– The additional northbound left turn lane on Wewatta Street and southbound left turn 

lane on Wewatta Street recommended in the FEIS are no longer part of the 

mitigation. 

 15th Street at Wynkoop Street and Wazee Street 

– At Wazee, the modeling suggested an additional left turn lane from northbound 

Wazee Street to westbound 15th Street which would require the removal of parking 

spaces on the east side of Wazee Street. The project team agreed not to make this 
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change because the movements at Wazee affect a larger downtown system that 

relies on the existing phasing for each movement and mode at that intersection. 

 16th Street at Wewatta Street, Wazee Street and Market Street 

 17th Street at Chestnut Place and Blake Street 

 18th Street at Chestnut Place, Wewatta Street and Blake Street 

 19th Street at Chestnut Place, Wewatta Street, Wazee Street and Blake Street 

The Build Alternative is no longer expected to impact these intersections and no improvements 

are planned. 

 20th Street and Wazee Street 

– The modified signal phasing and lane reconfiguration of the northbound approach on 

Wazee Street recommended in the FEIS are no longer part of the mitigation. 

 17th Street and Wynkoop Street 

– The traffic signal at this location recommended in the FEIS is no longer part of the 

mitigation. 

 18th Street and Wynkoop Street 

– The traffic signal at this location recommended in the FEIS is no longer part of the 

mitigation. 

Railroad Operations 

 The Final EIS describes the eight track passenger rail facility and documents two options 

(detailed in the Final EIS, Chapter 2, Section 2.4.1) to accommodate different operating 

scenarios for Amtrak. Based on updated operations analysis results, the RTD has 

decided that the Option 1 operating scenario, described on page 4-23 of the Final EIS 

will be implemented which places Amtrak operations on track four. This location provides 

Amtrak with a track with a minimum length of 1585 feet and passenger platform that can 

be protected from the elements. It provides for all of the servicing and operational uses 

that Amtrak currently performs at DUS, including but not limited to fueling, watering, 

toilet servicing, inspections, and 480 volt ground power. Through some additional 

design work, RTD has decided that this location also allows access for Amtrak 

passengers from the station building to the Amtrak platform that is at least equivalent to 

the current level of access from the station building to the current track including 

consideration of capacity and accessibility. 

 Amtrak has also identified a need for layover of setoff cars and locomotive storage. 

Previous designs accommodated this within the station, but adjustments to provide an 

extended track for Amtrak required identification of a site outside the passenger rail 

station. Since the Final EIS was published, additional analysis occurred and placement 
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of the storage track has been determined to be under the Park Avenue West viaduct 

immediately north of the track throat, extending approximately 1000 feet. This site was 

presented at the Final EIS Public Hearing and posted on the project website. This site is 

approximately 50,000 square feet or 1.15 acres which will provide space for a two track 

storage/runaround stub with switches to connect directly into the track throat. Though 

the environmental impacts of this element were not separately analyzed in the Final EIS, 

the operations were in the base assumptions. Therefore the impacts of noise, vibration 

and air quality are already accounted for in those analyses. Storage track construction 

in this new location will require acquisition of currently undeveloped and unused right-ofway from the Union Pacific Railroad for which RTD will adhere to all federal guidelines 

on acquisition and relocation assistance. Shallow soil excavation required to construct 

the tracks may include encounters with contaminated soil and groundwater. This 

excavation of approximately 20,000 cubic yards of soil will follow the same procedural 

system to assess, contain, treat and dispose of contaminated soil as will be undertaken 

for removal of the other 160,000 cubic yards expected to be removed for the project. 

The above changes are consistent with the scope of the improvements in the Final EIS and will 

not result in significant environmental impacts. FTA’s concurrence with this is our approval for 

the ROD. 

Additionally, Amtrak and several other Final EIS commenters suggested the need to either 

provide or preserve capacity to connect the passenger rail station to the southbound 

Consolidated Main Line (CML) tracks. This connection was neither part of this project’s 

Purpose and Need, nor is it necessary to provide adequate capacity for the rail services funded 

or planned for the 2030 horizon year. However, the DUS design creates a concourse-like 

connection to a possible passenger rail platform adjacent to the LRT station at the CML which 

would provide ready access to southbound tracks. As a second option, the Build Alternative 

design could be connected by construction of a short segment of track connecting tracks exiting 

the Union Station throat to the north with the CML in the vicinity of the Park Avenue viaduct. 

RTD is continuing productive conversations with Amtrak and FRA to resolve any specific design 

details which include a detailed analysis of passenger movements through the station to confirm 

adequate capacity and comfort levels on major routes and vertical circulation elements. If 

additional design refinements occur as a result of these processes, RTD and FTA will reevaluate any changed environmental impacts. 

Noise 

The introduction of increased passenger rail traffic to the station will result in moderate noise 

impacts at two residences within the IceHouse Lofts. Per RTD’s Noise Mitigation Measures for 

Moderate Impacts, no mitigation is required. The Final EIS Errata in Appendix D includes two 

new tables as minor discrepancies were found in Table 5-9 (Noise Impact Assessment Results) 

and Table 5-10 (Predicted 50 Foot Reference Noise Levels for the Build Alternative) of the Final 

EIS. The Noise Impact Assessment Results table was replaced to correct outdated information 

for the IceHouse Lofts and One Wynkoop Plaza (identified as Locations 2 and 3 in Table 5-9). 

The new table indicates a lesser impact than originally calculated. The Predicted 50-Foot 
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Reference Noise Levels table is updated to include an omitted row for the 16th Street Mall 

Shuttle and to correct certain values less than one that had been rounded down to zero. 

Air Quality 

The air quality analysis indicated that for the Build Alternative, the mobile source analysis and 

stationary source analysis are both within the National Ambient Air Quality Standards (NAAQS). 

The emission burden analysis showed that the air toxic levels for the 2030 Build Alternative are 

less than what exists for current conditions, however, are slightly higher than the 2030 No 

Action Alternative, due to increased passenger rail activity. No mitigation is required for air 

quality. 

The Final EIS Errata in Appendix D includes a new table for Representative Background Data 

(Final EIS Table 3-13). This new table fixes a layout error and provides corrected background 

data for PM10, PM2.5 and NOx. This does not affect the analysis results since the original 

analysis assumed the accurate data. 

The Clean Air Act Amendments of 1990 require that the FTA not provide financial assistance for 

a project unless that project has been found to conform to the purposes of the State 

Implementation Plan (SIP) of eliminating or reducing the severity and number of violations of the 

NAAQS and achieving expeditious attainment of such standards. The Interim Guidance of 

Conformity issued by the U.S. Department of Transportation (DOT) and the U.S. Environmental 

Protection Agency (EPA) in June 1991 states that a project conforms: (1) if it comes from a 

conforming transportation plan and Transportation Improvement Program (TIP), and (2) if it, in 

carbon monoxide (CO) or PM10 nonattainment areas, eliminates or reduces the severity and 

number of violations of the CO or PM10 standards in the area substantially affected by the 

project. 

The Denver Union Station project is included in the Fiscally Constrained 2035 Regional 

Transportation Plan, 2008-2013 Transportation Improvement Program and State Transportation 

Improvement Program, which meet conformity criteria. These were prepared, consistent with 

the most recent set of amendments to streamline the U.S. Environmental Protection Agency's 

transportation conformity rule. The Federal Highway Administration and Federal Transit 

Administration (FTA) signed a reconfirmation of the conformity finding for the 2035 Regional 

Transportation Plan in March 2008. 

The hot spot analysis performed for the Final EIS evaluated localized air quality impacts caused 

by the Denver Union Station project. The results of this analysis show that the NAAQS are not 

expected to be violated in either the opening year or the design year for the project at any 

location. FTA finds that the project conforms to the air quality plans for the Denver metropolitan 

area. 

Historic 

Coordination with the Colorado State Historic Preservation Office (SHPO) has determined that 

the Build Alternative will have an adverse impact to three historic resources: the passenger 
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tunnel at Denver Union Station, the Delgany Street Sewer and the railroad tracks west of Union 

Station (tail tracks). Mitigation measures have been identified for each impact and are 

described in Section 1.5 below. A Memorandum of Agreement (MOA) between FTA, RTD, 

SHPO, and ACHP is contained in Appendix B of this ROD. 

Water 

The Build Alternative increases impervious surface area with a corresponding increase in the 

storm runoff. However, all of the increased stormwater runoff can be accommodated in the 

existing stormwater system. Changes in impervious surface area will increase the potential for 

new pollutants to enter surface water resources, which will affect local water quality. Mitigation 

measures including temporary and permanent best management practices will be implemented 

to minimize impacts. 

Hazardous materials and groundwater at the site may be disturbed by the proposed 

improvements, depending on their final design and location. Because of existing contamination 

at DUS, it is expected that contaminants will be encountered and cannot be avoided during 

construction of the new facilities. If the groundwater is contaminated, a groundwater 

remediation permit from Colorado Department of Public Health and Environment (CDPHE) may 

also be required. 

Right-of-Way 

The majority of the Build Alternative elements are intended to be constructed entirely on the 

DUS site. As was disclosed in the Final EIS, approximately 0.04 acre of property (Icehouse 

Lofts) will be required to widen 18th Street access to the regional bus facility and proposed 

parking structure. Since publication of the Final EIS, the storage track has been determined to 

be under the Park Avenue West viaduct immediately north of the track throat, which will require 

acquisition of approximately 1.15 acres from Union Pacific Railroad. As design progresses, 

engineering refinements may require additional right-of-way or parcel acquisitions not yet 

identified, including the possible need for temporary construction easements. All other property 

necessary for construction of the Build Alternative at the historic station site and adjacent to the 

CML is already owned by RTD. 

Cumulative 

The cumulative impacts for each resource can be found in the Final EIS. 

Sustainability 

The partner agencies anticipate that technology in this area will continue to improve at a rapid 

pace in the near future. The DUS Master Plan documents the current goals and policies of 

each of the partner agencies as aspirations for the design and construction of the Denver Union 

Station. Though these goals are not requirements, they will serve as aspirations for this project 

as it is designed, constructed and operated with the most reasonably achievable environmental 

sensitivity. 
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1.5 Section 4(f) Evaluation 

Within the Area of Potential Effect (APE), 23 historic properties were identified. Three of these sites 

have been determined by FTA to be adversely affected (as defined under Section 106) by the Build 

Alternative uses. The three sites are the Denver Union Station/5DV114, tracks behind the Denver 

Union Station/5DV5189, and the Delgany Street Sewer/5DV4725. Direct effects to three historic 

resources will result from the re-development of DUS into a regional multi-modal transportation hub. 

All of the remaining Section 4(f) properties within the APE were evaluated and a determination was 

made that the Build Alternative would not substantially impair the use or constructive use of these 

resources. 

1.5.1 Measures to Minimize Harm 

Based upon the alternatives analysis and consultation with project stakeholders and consulting 

parties, FTA has determined that there are no feasible and prudent alternatives to the tunnels 

associated with DUS, the UP and BNSF tracks immediately west of DUS, and a segment of the 

Delgany Street Sewer. The Build Alternative includes all possible planning to minimize harm to 

these Section 4(f) resources resulting from such use. A Memorandum of Agreement (MOA) 

between FTA and the SHPO was signed in August 2008 ensuring measures be taken to 

mitigate the impacts to the three historic resources under the Build Alternative. The mitigation 

required by the new MOA can be found in Appendix B, Memorandum of Agreement (MOA) 

among FTA, RTD and the SHPO, of this document. 

1.6 Basis for Decision 

The RTD Board of Directors approved the Final EIS on May 20, 2008. The FTA and RTD then 

released the Denver Union Station Final EIS on August 15, 2008 for a 45-day review period 

ending on September 29, 2008. Thirty-five commenter’s (agency and public) submitted 

comments on the Final EIS during that time. A public hearing for the Final EIS was held on 

September 10, 2008. Comments and responses to comments received on the Final EIS are 

incorporated into this ROD, and are listed in Appendix C. 

1.7 Determinations and Findings 

1.7.1 Environmental 

The environmental record for the Union Station Project includes the findings of the Draft EIS 

and Final EIS. These documents represent the detailed analysis and findings required by NEPA 

and 49 USC 5324(b) on: 

 The environmental impacts of the proposed project; 

 Adverse environmental effects which cannot be avoided should the proposed project be 

implemented; 

 Alternatives to the proposed project; and, 
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 Irreversible and irretrievable impacts on the environment which may be involved in the 

proposed project should it be implemented. 

On the basis of the evaluation of social, economic and environmental impacts contained in the 

Draft EIS and Final EIS and the written and oral comments offered by the public and by other 

agencies, the FTA has determined in accordance with 49 USC 5324(b) that: 

 an adequate opportunity to present views was given to all parties having a significant 

economic, social, or environmental interest; 

 the preservation and enhancement of the environment and the interest of the community 

in which the project is located were considered; and, 

 no adverse environmental effect is likely to result from the project, or no feasible and 

prudent alternative to the effect exists and all reasonable steps have been taken to 

minimize the effect. 

1.7.2 Section 106 Findings 

Coordination with the Colorado State Historic Preservation Office (SHPO) has determined that 

the Build Alternative will have an adverse impact to three historic resources: the passenger 

tunnel at Denver Union Station, the Delgany Street Sewer and the railroad tracks west of Union 

Station (tail tracks). Mitigation measures have been identified for each impact and are described 

in Section 1.5. A Memorandum of Agreement (MOA) between FTA, RTD, SHPO, and ACHP is 

contained in Appendix B of this ROD. 

1.7.3 Section 4(f) Determination 

Within the Area of Potential Effect (APE), 23 historic properties were identified. Three of these sites 

have been determined by FTA to be adversely affected by the Build Alternative uses. The three 

sites are the Denver Union Station/5DV114, tracks behind the Denver Union Station/5DV5189, and 

the Delgany Street Sewer/5DV4725. Direct effects to three historic resources will result from the redevelopment of DUS into a regional multi-modal transportation hub. All of the remaining Section 4(f) 

properties within the APE were evaluated and a determination was made that the Build Alternative 

would not substantially impair the use or constructive use of these resources. 

Based upon the alternatives analysis and consultation with project stakeholders and consulting 

parties, FTA has determined that there are no feasible and prudent alternatives to the tunnels 

associated with DUS, the UP and BNSF tracks immediately west of DUS, and a segment of the 

Delgany Street Sewer. The Build Alternative includes all possible planning to minimize harm to 

these Section 4(f) resources resulting from such use. 

1.7.4 Conformity with Air Quality Plans 

The Clean Air Act Amendments of 1990 require that the FTA not provide financial assistance for 

a project unless that project has been found to conform to the purposes of the State 

Implementation Plan (SIP) of eliminating or reducing the severity and number of violations of the 

NAAQS and achieving expeditious attainment of such standards. The Interim Guidance of