Combined Final Environmental Impact 

Statement/Record of Decision

And Final Section 4(f) Evaluation 

Addressing the Construction and Operation of 

the

Western Rail Yard Infrastructure Project

New York, New York

November 2021
Western Rail Yard Infrastructure Project 

Record of Decision

Prepared by: 

US Department of Transportation – 

Federal Railroad Administration

Submitted Pursuant To: 

National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. § 4321 et seq.) and the Council 

on Environmental Quality Implementing Regulations for NEPA (40 CFR Parts 1500-1508); 

Department of Transportation Environmental Impact and Related Procedures (23 CFR Part 771) 

Efficient Environmental Reviews for Project Decision making (23 U.S.C. § 139); 

Section 4(f) of the United States Department of Transportation Act of 1966 (49 U.S.C. § 303)

and implementing regulations at 23 CFR part 774; 

Section 106 of the National Historic Preservation Act (NHPA) of 1966 (54 U.S.C. § 306101); 

the Clean Air Act of 1970, as amended (42 U.S.C. § 7401 et seq.); 

the Clean Water Act of 1972 (33 U.S.C. § 1251-1387); and the 

Endangered Species Act of 1973 (16 U.S.C. § 1531-1544). 

____________________________________________________ November 22, 2021_ 

Paul Nissenbaum Date of Approval

Associate Administrator for Railroad Policy and Development

Federal Railroad Administration 
ROD-1 November 2021

Part 2: Western Rail Yard Infrastructure Project 

Record of Decision

1 INTRODUCTION

WRY Tenant LLC (an affiliate of The Related Companies, LP) and the National Railroad 

Passenger Corporation (Amtrak) are partnering in a joint venture (the Project Sponsor) 

and may seek Federal financial assistance from the U.S. Department of Transportation

(USDOT) for the Western Rail Yard Infrastructure Project (Proposed Action). This 

document is the Record of Decision (ROD) for the Proposed Action issued by the Federal 

Railroad Administration (FRA). FRA is the lead Federal agency to evaluate the Proposed 

Action in accordance with the National Environmental Policy Act (NEPA) of 1969 (42 USC 

§ 4321 et seq.). The Proposed Action put forth by the Project Sponsor includes the

construction and operation of the following: (1) a structural Platform (Platform); and (2) a

railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement). The

Proposed Action will be located on the 13-acre Western Rail Yard site, located on the

western half of the Metropolitan Transportation Authority (MTA) Long Island Rail Road

(LIRR) John D. Caemmerer Yard (aka “Hudson Yards”).

2 DECISION 

FRA has determined, pursuant to 23 USC § 139(n), 23 CFR Part 771, and 40 CFR Parts 

1500–1508,1 that the requirements of NEPA have been satisfied for the Proposed Action. 

This ROD memorializes FRA’s review of the Proposed Action described in Section 3.4.2 

of this ROD and in the Final Environmental Impact Statement (FEIS), and FRA’s selection 

of the Preferred Alternative as the Selected Alternative. FRA determined the Preferred 

Alternative is the Selected Alternative for the Western Rail Yard Infrastructure Project 

based on a thorough and careful consideration of the potential short-term and long-term 

benefits and impacts, mitigation of those impacts, and public and agency comments. 

1 CEQ issued revised NEPA regulations that became effective September 14, 2020, at 40 CFR parts 1500-

1508. Because FRA issued the Notice of Intent (NOI) for this project prior to the effective date of the revised 

regulations, on June 15, 2020, FRA permissibly prepared the EIS and ROD in accordance with the CEQ 

NEPA regulations that were effective at the time of the issuance of the NOI. All citations to CEQ regulations 

(40 CFR parts 1500-1508) in the EIS and ROD are to the version of the regulations in effect prior to 

September 14, 2020.
November 2021 ROD-2 

FRA finds that the Preferred Alternative satisfies the Proposed Action’s purpose and 

need. Specifically, the Preferred Alternative will (1) cover and protect the active railroad 

tracks and LIRR support facilities in the Western Rail Yard so that the Project Sponsor 

can provide additional new capacity for real estate development and house critical life 

safety and mechanical, electrical, and plumbing support services for the yard, including 

new lighting, sprinklers, and an extensive Platform ventilation system; and (2) preserve 

a right-of-way through the Western Rail Yard to support the future construction of a transHudson passenger rail crossing into New York Penn Station. 

FRA has also completed its Section 4(f) Determination in accordance with Section 4(f) of 

the U.S. Department of Transportation Act of 1966 (provided in Section 6.2).2 FRA’s 

decision is consistent with its obligation under Section 4(f) to protect land in publicly 

owned parks, recreational areas, wildlife and waterfowl refuges, or historic sites on public 

or private land.

CEQ regulations implementing NEPA require that an agency identify the alternative 

considered to be environmentally preferable.3 The environmentally preferable alternative 

is the alternative that, on balance, causes the least harm to the natural and physical 

environment and that best protects, preserves, and enhances historical, cultural, and 

natural resources, after consideration of relevant factors and national policy. While the 

No Action Alternative would avoid the temporary and permanent impacts to the natural 

and built environment that would occur with the Preferred Alternative, the Preferred 

Alternative would have substantial beneficial impacts that outweigh its adverse impacts.

Specifically, the Preferred Alternative would preserve opportunities to enable future 

growth of passenger rail service and improved trans-Hudson passenger rail crossing into 

New York Penn Station; maintain safe and continuous LIRR operations within Western 

Rail Yard; modernize operational facilities; provide support for the economic, social, and 

recreational life of the Hudson Yards area and the City; and support the ability to meet 

the revenue-generation goals of the MTA. These benefits promote fulfilling the 

responsibilities of each generation as trustee of the environment for succeeding 

generations and achieving a balance between population and resource use that will 

permit high standards of living and a wide sharing of life’s amenities by enhancing 

sustainable travel options. The Preferred Alternative benefits would not occur with the No 

Action Alternative. FRA considered and balanced the environmental effects of the 

Preferred Alternative against those of the No Action Alternative and identified the 

Preferred Alternative as the Environmentally Preferable Alternative. 

After review of the FEIS and NEPA documentation associated with the Proposed Action, 

FRA is issuing this ROD, in accordance with the requirements of CEQ (40 CFR 1505.2

and 23 CFR 771.124). 

2 49 USC § 303.

3 40 CFR 1505.2(b).
Record of Decision

ROD-3 November 2021

3 BASIS OF DECISION

The documents FRA considered in making this decision include the June 2021 DEIS; the 

2021 FEIS (Part 1); the Final Section 4(f) Evaluation (FEIS, Section 1.7 and Appendix 

D); the 2009 Restrictive Declaration (RD) (FEIS Appendix O1); the 2010 Letter of 

Resolution (LOR) (FEIS Appendix O2); agency, organization, and public comments 

received on the DEIS (FEIS Errata Appendix C); as well as correspondence and other 

supporting documents, including the FEIS prepared under the New York State 

Environmental Quality Review Act (SEQRA) and New York City Environmental Quality 

Review (CEQR), which was published on October 9, 2009 (2009 SEQRA/CEQR FEIS) 

on the Platform and Overbuild, the Findings of No Significant Impact (FONSI) in 2013 for 

the concrete casing project’s EA, and in 2014 for the concrete casing project’s 

Supplemental EA (SEA) (see Section 3.1).4 

The 2009 SEQRA/CEQR FEIS resulted in a requirement to develop a Construction 

Environmental Protection Plan (CEPP) that will establish commitments for protecting 

environmental resources on or near the Project Site. All commitments from 2009 

SEQRA/CEQR FEIS and 2013/2014 FONSIs remain in place. In addition, the LOR 

remains in effect. The commitments from the RD, which incorporates commitments 

associated with the design and construction of the Platform and Overbuild to protect 

sensitive resources, are still in force. The RD commitments include environmental 

controls during construction, noise attenuation, restrictions on fuel use and location of air 

intakes for ventilation systems, procedures for addressing hazardous materials on site, 

and commitments to sustainable development. The RD [Article III, Section 3.01(h)] 

incorporates the requirement for historic resource protection measures in the form of a 

Construction Protection Plan (CPP) to be developed to protect the High Line during 

adjacent project construction.5

This ROD provides background on the development of the Proposed Action; describes 

the alternatives FRA considered in the DEIS; discusses the public opportunity for 

comment on the DEIS; explains the basis for FRA’s decision; identifies the Selected 

Alternative; identifies the environmentally preferred alternative; documents compliance 

with applicable Federal environmental laws, regulations, and executive orders; and sets 

forth the commitments, required as part of the decision, to provide mitigation to minimize 

harm. The DEIS (published in June 2021), the FEIS, and this ROD are part of the 

environmental record for the Proposed Action. 

In accordance with 23 USC § 139(n), and 23 CFR § 771.124, FRA is issuing the FEIS

and ROD simultaneously, as it has been determined that circumstances, such as 

substantial changes to the Proposed Action or significant new information, do not 

preclude issuance of a the FEIS and ROD as a single document. 

4 Publicly available study documents, including the DEIS, FEIS, and meeting materials are available online 

at westernrailroadinfrastructure.com

5 The “Construction Protection Plan” (as referenced in the RD) is the same as the “Construction 

Environmental Protection Plan” (referenced in the Stipulations in the LOR), and is a component of the larger 

“Construction Environmental Protection Plan” (as referenced in the RD).
November 2021 ROD-4 

3.1 PRIOR ENVIRONMENTAL REVIEWS

The Project Site and individual elements of the Proposed Action have been the subject 

of prior environmental reviews. The sections below describe the previous environmental 

reviews to provide additional background and context for the Proposed Action. FRA has 

used information and analysis contained in the prior project-related environmental 

reviews to support the corresponding impact analysis for the Proposed Action in the 

preparation of the EIS, to the maximum extent applicable and practicable. In addition, 

FRA has incorporated findings and analyses from these documents, where appropriate. 

This included using information such as estimates of construction worker and trucking 

activity, equipment and logistical information, and operational characteristics of the 

project elements, accounting for any updates needed.

3.1.1 PLATFORM

The Platform and Overbuild6 were the subject of an FEIS prepared under SEQRA and 

CEQR, which was published on October 9, 2009 (2009 SEQRA/CEQR FEIS). The CPC 

and the MTA acted as co-lead agencies for the environmental review and issued 

environmental findings under CEQR and SEQRA. Subsequent zoning actions associated 

with the Overbuild development were approved by the CPC and adopted by the New 

York City Council as zoning text and map amendments to the New York City Zoning 

Resolution. The Overbuild development is now as-of-right development, since it will be 

built in accordance with the New York City Zoning Resolution’s existing zoning controls, 

which regulate type of use, building envelopes, publicly accessible open space areas, 

street wall controls, retail continuity, and maximum floor area ratio (i.e., the ratio of floor 

area to lot size). 

The actions evaluated in the 2009 SEQRA/CEQR FEIS pertaining to the Western Rail 

Yard site specifically were: (1) the lease of, with option to purchase, the air space over 

the Western Rail Yard and related property interests by MTA to the developer; (2) zoning 

map and text amendments and accessory parking special permits by the City of New 

York pursuant to the Uniform Land Use Review Procedure (ULURP); (3) the 

establishment of new legal grades on West 33rd Street between Eleventh and Twelfth 

Avenues; and (4) the site selection by the New York City School Construction Authority 

(SCA) for an elementary/intermediate public school (“PS/IS school”) on the Western Rail 

Yard site. For more information about the MTA and CPC’s past environmental review of 

the Western Rail Yard project, please refer to the following website: 

https://www1.nyc.gov/site/planning/applicants/env-review/western-rail-yard.page. 

6 The Overbuild is privately funded mixed-use development and public open space to be constructed 

independently above the existing rail yard, and proposed Platform and Tunnel Encasement. The Overbuild 

is not a component of the Proposed Action and is not the subject of the Western Rail Yard Infrastructure 

Project EIS.
Record of Decision

ROD-5 November 2021

Following the completion of the 2009 SEQRA/CEQR FEIS, the WRY Tenant LLC entered 

into a RD with New York City, which incorporates commitments associated with the 

design and construction of the Platform and Overbuild to protect sensitive resources. 

Chapter 22, “Mitigation Measures and Project Commitments,” of the DEIS includes a 

summary of the RD’s design and construction commitments. These commitments, which 

are still in force, include environmental controls during construction, noise attenuation, 

restrictions on fuel use and location of air intakes for ventilation systems, procedures for 

addressing hazardous materials on site, and commitments to sustainable development.

3.1.2 TUNNEL ENCASEMENT

FRA conducted an environmental assessment (EA) in accordance with NEPA for the 

construction of a concrete casing in the Hudson Yards, and issued Findings of No 

Significant Impact (FONSIs) in 2013 for the concrete casing project’s EA, and in 2014 for 

the concrete casing project’s Supplemental EA (SEA). The purpose of the project was to 

preserve underground right-of-way in Hudson Yards to maintain opportunities to expand 

rail services, meet future demand, and improve intercity and commuter rail system safety 

and reliability. The preservation of the right-of-way is necessary to ensure that any 

development at the yard would not eliminate the possibility of future rail development and 

expansion into New York Penn Station.

Amtrak’s previous engineering analyses confirmed that construction of the Tunnel 

Encasement would need to start prior to construction of the Overbuild foundations for the 

buildings proposed on this portion of the Project Site. If the Tunnel Encasement were not 

constructed before or at the same time as those Overbuild foundations, the right-of-way 

(ROW) for the Tunnel Encasement would be permanently lost as a potential alignment 

for the future expansion of rail service between New York and New Jersey via a rail tunnel 

under the Hudson River. FRA’s consideration of this factor in the planning and design of 

the Tunnel Encasement component supports the purpose and need statement to 

preserve a ROW through the Western Rail Yard to support the future construction of a 

trans-Hudson passenger rail crossing into New York Penn Station. 

Since FRA’s issuance of the 2013 and 2014 FONSIs, Amtrak has constructed the portion 

of concrete casing extending beneath the Eastern Rail Yard and under Eleventh Avenue. 

The final section is the Tunnel Encasement that the Project Sponsor will construct as a 

part of the Proposed Action will extend on a diagonal alignment from the western edge 

of Eleventh Avenue to the northern edge of 30th Street underneath the Western Rail 

Yard. For more information about FRA’s past environmental review of the concrete casing 

and Tunnel Encasement, please see https://www.fra.dot.gov/Page/P0666. 

3.2 NEPA PROCESS

Table 1 summarizes the steps of the NEPA process completed for the Western Rail Yard 

Infrastructure Project.
November 2021 ROD-6 

Table 1

Western Rail Yard Infrastructure Project NEPA Process Milestones 

Date Milestone

June 15, 2020 FRA initiated the NEPA process and announced the start of the Scoping comment 

period with publication of the Notice of Intent (NOI) in the Federal Register

July 1, 2020 – July 31, 2020 Scoping comment period 

July 21, 2020 FRA held a virtual agency scoping meeting

September 2020 FRA completed Scoping Summary Report and posted on the Project website

October 15, 2020 FRA held agency coordination meeting to review EIS analysis methodologies

June 11, 2021 FRA published Notice of Availability of DEIS in the Federal Register, which 

initiated the DEIS public comment period

June 30, 2021 FRA held a virtual DEIS Public Hearing

July 26, 2021 Comment period on the DEIS ended (comments were accepted and reviewed 

after the deadline)

November 2021 Issuance of FEIS and ROD

FRA initiated the NEPA process with publication of the NOI in the Federal Register on 

June 15, 2020. The NOI announced FRA ’s intent to prepare an EIS, provided background 

information on the Project, presented the draft Purpose and Need Statement, explained 

the alternatives development process, and provided an initial list of environmental 

resources to be analyzed. The NOI also announced the start of the public scoping comment 

period and invited the public and other interested parties to submit comments through the 

end of the scoping comment period, July 31, 2020. 

Public and agency coordination are integral aspects of the NEPA process. Pursuant to 

the CEQ NEPA regulations, “Cooperating agencies” are Federal agencies other than the 

lead Federal agency that have jurisdiction by law, or special expertise with respect to a 

particular environmental issue involved in a particular project (40 CFR 1501.5). While 

CEQ regulations (40 CFR § 1501.6) state that an agency may request the lead agency 

to designate it a Cooperating agency, no such requests were made, and no Cooperating 

agencies have been identified for this Project. DEIS Chapter 23 provides a list of 

Participating Agencies for the Project.7 FRA conducted regular outreach to Participating 

Agencies throughout the NEPA process, notifying them of important milestones and

requesting agency review of key technical documents. Chapter 23 of the DEIS and 

Section 1.5 of the FEIS describe the agency coordination conducted as part of the 

Project.

FRA provided information to the public throughout the NEPA process using the Project 

website and virtual public meetings to present information and solicit comments at the 

following Project milestones: during scoping (July 1, 2020 – July 31, 2020), during the 

development of the methodology report in October 2020, and during the public comment 

period on the DEIS (June 11, 2021 – July 26, 2021). 

7 “Participating agencies” are those Federal, state, or local agencies or Federally recognized tribal 

governmental organizations with an interest in the Project.
Record of Decision

ROD-7 November 2021

3.3 PURPOSE AND NEED

3.3.1 PURPOSE FOR THE PROPOSED ACTION

The purpose of the Proposed Action is to: 

(1) cover and protect the active railroad tracks and LIRR support facilities in the Western 

Rail Yard so that the Project Sponsor can provide additional new capacity for real 

estate development and house critical life safety and mechanical, electrical, and 

plumbing support services for the yard, including new lighting, sprinklers, and an 

extensive Platform ventilation system; and 

(2) preserve a right-of-way through the Western Rail Yard to support the future 

construction of a trans-Hudson passenger rail crossing into New York Penn Station. 

3.3.2 NEED FOR THE PROPOSED ACTION

Collectively, MTA's operating agencies (Bridges and Tunnels, Construction and

Development, Long Island Rail Road, Metro-North Railroad, MTA Bus Company, and

New York City Transit) serve a population of 15.3 million people across a 5,000-squaremile travel area surrounding New York City. Consequently, MTA provides over 2.6 billion 

trips each year, accounting for about one-third of the nation’s mass transit users and twothirds its commuter rail passengers. However, MTA has ongoing financial needs as the 

agency responsible for operating and maintaining North America's largest transportation 

network, which comprises the nation’s largest bus fleet and more subway and commuter 

rail cars than all other U.S. transit systems combined.8 

The fares and tolls MTA collects do not solely cover their operating costs. MTA’s 

revenues typically come from a combination of fare and toll revenues, dedicated taxes, 

revenues generated by MTA’s real estate holdings, and state and local subsidies. 

However, the agency has often faced operating budget deficits. For example, after the 

financial crisis in 2008, MTA faced a $400 million deficit. These deficits have become 

more severe in the face of decreased ridership and toll revenues resulting from the 

COVID-19 public health emergency. At present, MTA faces a $15.9 billion deficit through 

2024.9,10,11 As a result of these recurrent deficits, MTA is consistently looking for 

additional revenue streams to sustain the operation, maintenance, expansion, and 

upgrading of the vast public transportation systems it operates.

8 http://web.mta.info/mta/network.htm (accessed January 15, 2021)

9 https://www.nytimes.com/2020/11/25/nyregion/mta-budget.html (accessed January 15, 2021) 

10 https://new.mta.info/document/25291 (accessed January 15, 2021) 

11 https://new.mta.info/transparency/financial-information/financial-and-budget-statements (accessed January 

15, 2021) 
November 2021 ROD-8 

Use of the air space above the Western Rail Yard has been a long-standing goal of both 

MTA and New York City. MTA has sought to maximize the revenue generation potential 

of its real estate assets, and when LIRR constructed the West Side Yard in 1986, the 

tracks and other facilities were reconfigured to accommodate columns that would be 

required for a Platform needed to allow future private development to occur. In 2015, 

MTA completed construction on the No. 7 subway line extension. MTA NYCT extended 

service from Times Square (Seventh Avenue and 41st Street) to West 34th Street and 

Eleventh Avenue enabling riders to easily get to the far west side of Manhattan and 

access Hudson Yards. MTA agreed to make the investment to construct, operate, and 

maintain the No. 7 Subway Extension because of the anticipated high-density 

development proposed to take place in Hudson Yards. 

MTA plans touse the revenue from the lease of the Western Rail Yard property to support 

issuing bonds, the proceeds of which would be used to fund capital infrastructure 

upgrades, maintenance, and other operational needs. The Platform is needed to support 

the provision of developable land area that would generate revenue for the MTA and its 

subsidiary agencies, to protect the rail yard, and to provide modern state-of-the-art life

safety systems for the entire Western Rail Yard. 

As the Proposed Action would benefit MTA and New York City, it is also consistent with 

and supports USDOT’s mission to ensure America has the safest, most efficient and 

modern transportation system in the world, which boosts our economic productivity and 

global competitiveness and enhances the quality of life in communities both rural and 

urban.12 

The Tunnel Encasement is needed to maintain the ability to preserve passenger rail 

service in and out of New York Penn Station. As detailed in FRA’s 2013 EA and FONSI13

and 2014 SEA and FONSI,14 studies have shown that Hudson Yards is the only clear 

alignment on the west side of Manhattan that would allow a rail tunnel under the Hudson 

River to fully connect to New York Penn Station from the west. If the underground ROW 

is not preserved prior to private development on the Project Site, the use of this location 

under Hudson Yards would be permanently lost as a possible alignment for future 

expansion of rail service between New York and New Jersey that is dependent on this 

ROW. New rail infrastructure is part of the effort to maintain a functional, resilient, and 

improved trans-Hudson passenger rail crossing into New York Penn Station, maintain 

existing Amtrak intercity and NJ TRANSIT commuter rail service on the Northeast 

Corridor, and to support future increases in the capacity of the regional rail system should 

they be pursued.

12 https://www.transportation.gov/about (accessed January 15, 2021) 

13 Amtrak and FRA, Finding of No Significant Impact, Environmental Assessment for Construction of a 

Concrete Casing in the Hudson Yards, New York, New York. May 2013.

14 Amtrak and FRA, Finding of No Significant Impact, Supplemental Environmental Assessment for 

Construction of a Concrete Casing Extension in the Hudson Yards, New York, New York. November 2014.
Record of Decision

ROD-9 November 2021

3.4 ALTERNATIVES 

The Project Sponsor developed and presented the Proposed Action to FRA for 

consideration. For each project component of the Proposed Action, FRA reviewed the 

design standards, relevant site constraints, design process, and stakeholder input to 

identify potential feasible alternatives to advance for analysis in the EIS. As the result of 

this process, and using the information regarding the engineering constraints, FRA 

identified two alternatives for analysis in the EIS: the No Action Alternative and the 

Preferred Alternative. 

As described in the DEIS, because of the unique engineering considerations and site 

constraints considered by the Project Sponsor in the planning and design of the Platform 

and Tunnel Encasement, FRA concluded that only the Preferred Alternative meets the 

purpose and need. FRA, in collaboration with the Project Sponsor and MTA, has 

determined that other options for location, size and alignment for the Platform and Tunnel 

Encasement are infeasible as they would fail to satisfy the engineering and design 

constraints of the Project Site. FRA has determined the Preferred Alternative is the 

Selected Alternative.

3.4.1 NO ACTION ALTERNATIVE

CEQ regulations for implementing NEPA require consideration of a No Action Alternative, 

which represents the conditions that would exist in the planning year if a proposed action 

is not implemented. Under the No Action Alternative, the Western Rail Yard Platform and 

Tunnel Encasement would not be built. The existing use of the rail yard and associated 

LIRR facilities, as well as their maintenance regimen would continue. Therefore, the No 

Action Alternative includes only those projects that are necessary to keep the Western 

Rail Yard and the associated LIRR facilities in service and provide continued 

maintenance. The No Action Alternative does not meet the purpose and need of the 

Proposed Action because it does not protect or enhance MTA’s assets, it would not 

preserve the ROW for a future trans-Hudson passenger rail connection into New York 

Penn Station, and would not advance New York City’s land use objectives for Hudson 

Yards. The No Action Alternative instead serves as a baseline for comparison against the 

potential impacts of the Proposed Action in the DEIS. 

3.4.2 PREFERRED ALTERNATIVE (SELECTED ALTERNATIVE) 

FRA conducted an extensive review of documentation prepared by the Project Sponsor 

related to engineering and site constraints, design criteria, and resulting design 

development. FRA has determined that there is only one reasonable, feasible and 

constructible alternative that meets the purpose and need statement and objectives. FRA 

has included in this determination a review of information obtained through coordination 

with government agencies, interest groups and the public during the scoping process, 

and information from previous studies. 
November 2021 ROD-10

3.4.2.1 PLATFORM

The approximately 9.8-acre Platform spanning the Western Rail Yard would include deep 

footings and a concrete slab to cover the active rail yard below, and reinforced building 

foundations to support the future Overbuild. The deep footings and a concrete slab would 

transfer the building loads to the bedrock below to support the Overbuild. Approximately 

400 caissons (i.e., watertight columns) would be drilled into bedrock through the water 

table and soil and to the rock that is up to 120 feet below the surface in certain locations. 

The Platform’s support columns would be threaded between the existing railroad tracks 

and associated infrastructure in Western Rail Yard. No existing storage tracks would be 

displaced and train service would be maintained during the construction of the Platform.

Platform construction would also include the modernization of LIRR support services for 

the yard, including new life-safety systems. The following Platform infrastructure 

components are necessary to support rail yard operations for LIRR: 

• Ventilation system;

• Emergency electrical equipment;

• Life safety equipment (i.e., fire protection and fire alarm system);

• Crash walls (i.e., concrete barriers to redirect trains away from support columns); 

• Lighting; 

• Rail car cleaning services; 

• Associated mechanical, electrical, and plumbing services; 

• LIRR service buildings (LIRR staff locker rooms and train maintenance and inspection 

equipment rooms); and

• Electrical Substation 

In accordance with MTA’s 1989 Master Plan for Caemmerer West Side Yard, the 

placement of a Platform over the rail yard was included in the original design criteria for 

the yard, which MTA established to provide safety considerations and to ensure reliable 

train operations with a minimum disruption of service.

The ventilation system would require ventilation fan plants and localized exhaust hoods 

for Dual Mode (DM-30) LIRR train engines that must be located within the Western Rail 

Yard. Ventilation of the yard is a necessary component to the Platform to remove the heat 

and emissions from train operations. As such, a heating, ventilating, and air condition 

(HVAC) system would be incorporated into the design of the Platform. 
Record of Decision

ROD-11 November 2021

The existing LIRR support facilities that house the LIRR locker room and the equipment 

room must be removed and temporarily relocated to allow for construction of the Platform. 

The permanent LIRR service buildings would be re-constructed in the same locations 

and within the same footprint. The substation would house mechanical and electrical 

equipment, fuel oil storage, office space and LIRR substation equipment. Besides 

Consolidated Edison (Con Edison) service connection and its associated electrical 

equipment, the substation would house the Medium-Voltage Substation, Emergency 

Generators for the Eastern and Western Rail Yards, an Electrical Distribution Room, 

Western Rail Yard Fire Pump, Fire Protection Valves, Communication Rooms, as well as 

office and storage spaces. 

3.4.2.2 TUNNEL ENCASEMENT

The Tunnel Encasement in the Western Rail Yard would start at the western edge of 

Eleventh Avenue and extend underground across the Project Site to the northern edge 

of 30th Street. The tunnel box would be between 50 and 65 feet wide and between 27 

and 38 feet high. The Tunnel Encasement has been designed to be constructed 

completely independent of the above ground structures and would not take on any load 

from the Platform. Together, the Tunnel Encasement below both rail yards (Eastern and 

Western Rail Yards) would preserve a total ROW of approximately 1,400 feet. It would 

extend underneath a portion of the High Line and require underpinning an approximately 

100-foot segment of the historic elevated structure during construction. This Selected

Alternative does not include any permanent operational component for the Tunnel 

Encasement. No permanent operational components, such as tracks, lighting, ventilation, 

or electrical systems, will be constructed as part of the Selected Alternative. Minor, 

temporary systems, such as sump pumps, lighting, and ventilation will be installed to 

enable its construction, which would be removed once construction is completed.
November 2021 ROD-12

4 SUMMARY OF ENVIRONMENTAL CONSEQUENCES AND 

MEASURES TO MINIMIZE HARM

Table 2 provides a summary of the benefits and impacts of the Selected Alternative as 

well as a summary of measures to avoid, minimize, or mitigate those impacts. The Project 

Sponsor is responsible for implementing mitigation measures through construction of the 

Selected Alternative. FRA determined the mitigation identified as part of the 2009 

SEQRA/CEQR FEIS and 2013/2014 FONSI environmental review is 

adequate/appropriate to mitigate the adverse effects from the construction and operation 

of the Platform and Tunnel Encasement. Prior mitigation and commitments associated 

with those environmental reviews are still required of the Project Sponsor. If Federal 

financial assistance is granted to the Project Sponsor for implementation of the Selected 

Alternative, FRA will require the Project Sponsor to adhere to the mitigation in Table 2. 

Implementation of this mitigation is also required under the terms of the 2009 

SEQRA/CEQR FEIS decision documents. In addition, FRA expects that the Project 

Sponsor will adhere to best management practices (BMPs) to comply with Federal, State 

and local laws, permits, and ordinances. To document the commitments during 

construction, the Project Sponsor will develop a CEPP for the Preferred Alternative that 

will utilize BMPs. Portions of the CEPP will be reviewed and approved by the relevant 

regulatory agencies (e.g., NYSHPO, NYSDEC, NYCDEP, NYCDOT, NYCDOT-OCMC, 

etc.), and the Project Sponsor would be responsible for the implementation of these 

commitments.

The CEPP—which includes the commitments from the prior environmental review 

processes, described above—will comply with the control measures as part of the 

construction commitments, described in Table 2.

The indirect effects include the construction and operation of the as-of-right mixed-used 

development above the Platform and Tunnel Encasement (Overbuild), and the mitigation 

measures included in the 2009 SEQRA/CEQR FEIS approvals previously committed by 

the Overbuild Developer, WRY Tenant LLC (Overbuild Developer) as well as proposed 

project commitments carried forward from the 2013 EA and 2014 SEA. Table 3 provides 

a summary of the indirect effects of the Selected Alternative as well as a summary of 

measures to avoid, minimize, or mitigate those impacts, which appear as high level 

descriptions throughout the table as relevant (e.g., development of MPT Plan, Emissions 

Reduction Program, etc.). 

As provided in Table 2, FRA has identified commitments to provide mitigation for the 

Western Rail Yard Infrastructure Project. These commitments are the result of agency 

consultations, comments on the DEIS, and regulatory requirements and reflect all 

practicable means to avoid or minimize environmental harm from the Selected 

Alternative. If Federal financial assistance is granted to the Project Sponsor by the FRA 

or DOT, the Project Sponsor is responsible for implementing the mitigation measures 

during design, construction, and/or following construction. Actual dates for future design 

and implementation are dependent upon identifying and securing funding, completing 

design, and finalizing all necessary approvals and permits.
Record of Decision

ROD-13 November 2021

Table 2 

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

•

•

•

The Platform will allow MTA LIRR’s commuter 

railroad storage yard and maintenance facility 

to be fully functional and will be consistent with 

the Hudson Yards Special District, as the 

Platform will enable development to take place 

above the Yard once construction of the 

Platform is completed. 

The southern portion of the Project Site will

have a utility building, which is similar to the 

current use on this portion of the Project Site. 

The High Line (that is partially located on the 

The Project Sponsor will: 

• Contain construction staging and con

roadways.

struction activities within the Project Site and adjacent 

Land Use, Land Planning, 

and Property 

•

Project Site) will remain an active open space 

upon the completion of the Selected Alternative

and will not be affected by the Selected

Alternative. 

The Selected Alternative will not hinder the 

construction of any of the other projects that are 

• Coordinate with LIRR on the relocation of LIRR maintenance and operations facilities on the 

Project Site as they will be relocated during construction. The facilities will be housed in temporary 

facilities under the Construction Agreement between the Project Sponsor and LIRR. 

• Coordinate with MTA and LIRR to provide interim facilities to enable the Yard to be functional 

during construction. 

•

•

anticipated to be completed. 

The Selected Alternative will not require any 

property acquisition or displacements. 

Construction of the Selected Alternative is not 

anticipated to affect land uses, land planning, 

or existing public policies on the Project Site or 

within the Study Area.
November 2021 ROD-14

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Transportation 

•

•

•

•

The Platform and Tunnel Encasement will

generate no new vehicular trips or parking 

demand once completed and operational. 

Construction activity could require temporary 

closure of curb lanes, and temporary closure, 

reduction in width, or relocation of sidewalks 

along segments of the streets and avenues 

bordering the Project Site. 

Construction activity will require temporary 

sidewalk closures. 

At no time will access to occupied buildings be 

closed, nor will access to the Western Rail Yard 

and other Caemmerer Rail Yard facilities be 

closed to LIRR personnel and equipment. No 

streets will be completely closed to vehicular 

traffic nor transit buses due to construction of 

the Selected Alternative. 

The Project Sponsor will develop Maintenance and Protection of Traffic (MPT) plans for submission to 

New York City Department of Transportation (NYCDOT) for review and approval. Based on common 

MPT measures for a large-scale construction project in New York City and preliminary construction 

logistics plan developed by the Project Sponsor, the MPT plans will likely require: 

• Temporary closure of curb lanes, and temporary closure, reduction in width, or relocation of 

sidewalks along segments of the streets and avenues bordering the Project Site. 

• Construction trucks, such as dump trucks or concrete trucks, are anticipated to enter the 

“construction area” via West 33rd Street and Eleventh Avenue throughout the duration of Platform 

construction, and via West 30th Street for the construction of the substation. 

• Pedestrian circulation adjacent to the Project Site may be temporarily closed during Platform 

construction on Eleventh Avenue and West 33rd Street. However, at no time will access to 

occupied buildings be closed, nor will access to the Western Rail Yard and other Caemmerer Rail 

Yard facilities be closed to LIRR personnel and equipment. It is likely that the pedestrian passage 

can be maintained via overhead protections or temporary sidewalks. Any pedestrian access 

changes will be part of the MPT plan approved by NYCDOT’s OCMC. 

• No streets will be completely closed to vehicular traffic nor transit buses due to construction of 

the Selected Alternative. The Project Sponsor will coordinate with the New York City Economic 

Development Corporation on nearby projects (such as the West 33rd Street Viaduct project) to 

allow construction trucks for the Selected Alternative to use the entrance to the “construction area” 

via West 33rd Street and Eleventh Avenue throughout the duration of Platform construction 

• Nearby non-emergency vehicle detour routes will include West 34th Street, West 30th Street, and 

West 29th Street and none of the streets are likely to be disrupted by the detour, nor will other 

nearby projects during the construction period. 

• In areas where temporary sidewalk closure is required, MPT plans will be developed by the 

Project Sponsor for review and approval by NYCDOT OCMC. These plans will likely include 

having the affected sidewalk relocated to the curb lane with a barrier that could be erected to 

separate motor vehicle traffic from pedestrian traffic. Furthermore, 34th and 29th Streets will be 

available as alternative pedestrian routes to 33rd and 29th Streets, respectively. 

• In areas where access to bordering lots is not needed—along segments of the streets and 

avenues bordering the Project Site—the sidewalk and/or curb lane may be closed. In such 

instances, pedestrians will be routed to the opposite side of the street at the nearest crosswalk. 

• Sidewalk modification may include the construction of a protective shed over segments of 

sidewalk bordering construction sites. The width of any relocated or modified sidewalks will be at 

least five feet, as specified in the 2009 RD.
Record of Decision

ROD-15 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Air Quality, Greenhouse 

Gas (GHG) Emissions and 

Resilience 

•

•

Air Modeling indicates no adverse air quality 

impacts during operation of the Selected

Alternative.

Particulate Matter fine respirable particulate 

matter (PM2.5) and carbon monoxide (CO) 

incremental concentrations during construction 

with the Selected Alternative will be below the 

City’s de minimis criteria for these pollutants. 

The Project Sponsor will implement measures to reduce pollutant emissions during construction in 

accordance with all applicable laws, regulations, and building codes. The Project Sponsor will

implement an emissions reduction program to minimize the air quality effects from construction of the 

Selected Alternative, consisting of the following components: 

• Clean Fuel. Only ultra-low sulfur diesel (ULSD) fuel will be used by the Project Sponsor for all 

diesel engines throughout the construction site.

• Diesel Equipment Reduction. Electrically powered equipment such as welders and saws will be 

used instead of diesel-powered versions of that equipment, to the extent feasible and practicable. 

Dust Control Measures. Contract specifications will require a dust control plan, including a 

watering program, to minimize dust emissions from construction activities. For example, all trucks 

hauling loose material will be equipped with tight-fitting tailgates and their loads securely covered 

prior to leaving the Project Site and water sprays will be used for all demolition, excavation, and 

transfer of soils to ensure that materials will be dampened as necessary to avoid the suspension 

of dust into the air. 

• Idling Restriction. As required by local law, all stationary vehicles on roadways adjacent to the 

Project Site will be prohibited from idling for more than three minutes. The idling restriction 

excludes vehicles that are using their engines to operate a loading, unloading, or processing 

device (e.g., concrete-mixing trucks) or otherwise required for the proper operation of the engine.

• Engine Retrofits. Non-road diesel engines, used by the Project Sponsor, with a power rating of 

50 horsepower (hp) or greater and controlled truck fleets (i.e., truck fleets under long-term contract 

with the Project Sponsor), including but not limited to, concrete mixing and pumping trucks, will

utilize the best available technology (BAT) (e.g., diesel particulate filters) for reducing diesel 

particulate matter emissions. 

• Utilization of Newer Equipment. USEPA’s Tier 1 through 4 standards for non-road engines 

regulate the emission of criteria pollutants from new engines, including PM, CO, nitrogen oxides 

(NOx), and hydrocarbons (HC). All diesel-powered non-road construction equipment with a power 

rating of 50 hp or greater, used by the Project Sponsor, will meet at least the Tier 3 emissions 

standard. 

The Project Sponsor will develop a stormwater management plan and identify measures to address 

risk from potential flooding due to precipitation. 

The Project Sponsor will install a new ventilation system with several fan plants which will ventilate 

daily emissions and emergency smoke events from the Western Rail Yard to maintain air quality under 

operational conditions. The new ventilation system will be designed in compliance with all applicable 

laws, regulations, and building codes to ensure no adverse air quality effects from operation of these 

systems.
November 2021 ROD-16

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Noise and Vibration 

•

•

•

Modeling shows no indication of adverse impacts from operation of 

the Selected Alternative related to noise or vibration. 

Vibration from construction will not exceed the Federal Transit 

Administration (FTA) guidance manual thresholds for damage at 

any building, as confirmed by vibration monitoring at the High Line 

when necessary, and will not exceed the FTA guidance manual 

thresholds for human annoyance over an extended duration at any 

receptor. 

Noise from construction will not have the potential to result in 

exceedances of the general construction noise assessment 

screening-level thresholds included in the FTA guidance manual. 

However, construction of the Selected Alternative will have the 

potential to result in noise impacts based on CEQR thresholds at 

the High Line within approximately 630 feet of the nearest work 

area, residential buildings along Eleventh Avenue between 29th 

and 33rd Streets, along 30th Street between Eleventh and Twelfth 

Avenues, and along West 33rd Street between Tenth and Eleventh 

Avenues. 

•

•

•

•

•

•

Noise from construction equipment will comply with New York City noise 

emission standards. These standards mandate that certain classifications of 

construction equipment and motor vehicles meet specified noise emission 

standards, and construction material be handled and transported in such a 

manner to not create unnecessary noise. 

The Project Sponsor will meet the New York City Noise Control Code 

construction noise limit of an Lmax of 85 dB(A) at the exteriors of any adjacent 

residential properties. 

The Project Sponsor will be required to obtain NYCDOB approval for 

construction outside of weekdays 7 AM to 6 PM, which is prohibited by the 

NYC Noise Control Code. 

To the extent practicable given space constraints at the work sites, the Project 

Sponsor will use acoustical noise tent and/or enclosures surrounding hoe 

rams, jackhammers, or pavement breakers that can provide up to 15 dB(A) 

of noise reduction during any demolition activities. For additional noise 

reduction, jackhammer noise mufflers that can provide up to an additional 10 

dB(A) of noise reduction can also be used. 

To minimize the noise from the backup warning alarms on trucks, the Project 

Sponsor will route vehicles through the construction sites to minimize the use of 

alarms. In addition, vehicles will be equipped with Occupational Safety and Health 

Administration (OSHA)-approved quieter backup alarms.

The Project Sposnor will coordinate and conduct any blasting activities 

associated with excavation of rock during Tunnel Encasement with 

permission from the Fire Department of the City of New York (FDNY). The 

Project Sponsor will provide a blasting schedule to neighboring building 

owners and occupants. Construction vibration monitoring will be required 

•

during blasting activities to ensure that vibration does not exceed a level that 

could result in damage to any nearby buildings or structures. 

Consistent with the protection and monitoring procedures developed for the 

High Line, construction vibration monitoring will be required whenever 

construction will occur within 90 feet of the High Line structure to ensure that 

construction activities do not result in vibration levels that will be capable of 

causing damage.
Record of Decision

ROD-17 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Noise and Vibration 

(cont’d) 

•

•

As noise levels at the High Line will exceed CEQR nuisance levels, the 

Project Sponsor will consult with NYC Parks and Friends of the High Line to 

determine the necessary steps to protect park users, such as providing 

signage alerting park users to the potential for increased noise levels of 

certain portions of the park where high noise levels are anticipated.

The Project Sponsor will develop a CPP for the construction of the Platform 

and Tunnel Encasement in order to protect the North River Tunnel (NRT). 

The CPP is required to meet the guidelines set forth in the NYCDOB TPPN 

#10/88, the Protection for Landmarked Buildings guidance document of the 

•

LPC, and the National Park Service’s Preservation Tech Notes, Temporary 

Protection #3: Protecting a Historic Structure during Adjacent Construction. 

The Project Sponsor will incorporate sufficient noise control measures in the 

final design of the ventilation system plans to ensure operation of the 

Selected Alternative will be in compliance with the New York City Noise 

Control Code (NYCNCC) noise limits at all surrounding residential receptors.

Cultural Resources • The Selected Alternative could have potential inadvertent effects to 

the NRT and High Line during construction. 

• To avoid the potential for damage to the NRT from vibration produced by 

caisson drilling, the Project Sponsor will locate the caissons outside of Amtrak's 

influence line exclusion zone (see DEIS, Chapter 9). The Project Sponsor will

develop a CPP15 (as part of the CEPP) for the construction of the Platform and 

Tunnel Encasement in order to protect the NRT and High Line. The CPP will

meet the guidelines set forth in the NYCDOB TPPN #10/88, the Protection for 

Landmarked Buildings guidance document of the New York City Landmarks 

and Preservation Committee (NYCLPC)s, and the National Park Service’s 

Preservation Tech Notes, Temporary Protection #3: Protecting a Historic 

Structure during Adjacent Construction. The CPP(s) will set forth the specific 

protection and monitoring measures that will be implemented during 

construction to avoid inadvertent damage to these historic properties and will

•

be implemented in coordination with New York State Historic Preservation 

Office (NYSHPO) and NYCLPC.

The Project Sponsor will meet the conditions in the LOR, including 

coordination with the SHPO during design phases related to aspects of the 

design that relate to the High Line. The LOR requires continued consultation 

under Section 14.09 regarding aspects of the development’s design that 

could affect the High Line (specifically, review of preliminary and pre-final 

design plans). The Project Sponsor will meet all requirements set forth in the 

2009 SEQRA/CEQR FEIS process, including compliance with the LOR.

15 The requirement for a Construction Protection Plan (CPP) to protect the High Line during adjacent project construction was also incorporated into the RD for the 

2009 Western Rail Yard project and is part of the “Construction Environmental Protection Plan” (as referenced in the RD). 
November 2021 ROD-18

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Parks and Recreation 

Areas 

•

•

Construction and operation of the Selected Alternative will not 

eliminate or diminish any parks, open spaces, or recreation areas, or 

change the use of any resource so that it no longer serves the same 

user population. 

The Selected Alternative will have potential construction-related 

effects to the High Line. 

•

•

•

•

The Project Sponsor will develop a CPP (as part of the CEPP) for the 

construction of the Platform and Tunnel Encasement in order to protect the 

High Line and meet the conditions of the 2009 LOR. 

The Project Sponsor will consult with NYC Parks regarding aspects of the 

Platform design that relate to the High Line. The Project Sponsor will 

coordinate with NYC Parks on the design plans for the Platform at the 

preliminary and pre-final design stages. If NYC Parks identifies substantive 

concerns with maintenance and operation access, the Project Sponsor will 

continue to coordinate with NYC Parks to mitigate those concerns. 

To address potential noise impacts during construction of the Selected 

Alternative, the Project Sponsor will consult with NYC Parks and Friends of 

the High Line to determine the necessary steps to protect park users, such 

as providing signage alerting park users to the potential for increased noise 

levels of certain portions of the park where high noise levels are anticipated.

The Project Sponsor will adhere to the terms of the Amended, Modified, and 

Restated High Line Easement Agreement among WRY Tenant LLC, the City of 

New York, the Metropolitan Transportation Authority, and the Long Island Rail 

Road Company, which provides for, but is not limited to the following:

o Perpetual easements over the Western Rail Yard for the 

High Line structure, including “any alterations, replacements, 

substitutions and renewals thereof” and for structural 

supporting elements. 

o Reciprocal easements as between the City of New York and 

the owners of the Western Rail Yard parcels to enter the 

Western Rail Yard parcels and the High Line easement area, 

respectively. The access easement benefiting the City of 

New York provides explicitly for access for City personnel “to 

perform any inspections, repairs, maintenance, construction, 

restoration, improvements, alterations or capital 

improvements” to the High Line and related support facilities.

o The City’s review of any work that involves the Western Rail 

Yard developer’s exercise of its rights under the Easement 

Agreement (e.g., construction of the Platform that affects the 

High Line). 

o The Western Rail Yard developer’s responsibility for the 

restoration of any High Line structures damaged in the 

course of the developer’s exercise of its rights under the 

Easement Agreement; and
Record of Decision

ROD-19 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Parks and Recreation 

Areas (cont’d) •

o Construction-period coordination between the City and the 

Western Rail Yard developer to ensure that the Western Rail 

Yard mixed-use development (which included the Platform 

that is the subject of the current DEIS) and the restoration 

and use of the High Line as a park proceed in a timely and 

safe manner.

In addition, the High Line Easement Agreement includes a perpetual easement 

that applies to Amtrak’s ownership rights of the Tunnel Encasement. The Tunnel 

Encasement will be 15-20 feet below grade and Amtrak’s use and operations of 

the tunnel will not affect the City’s ability to inspect and maintain the High Line. 

Those activities will be governed by the terms of the High Line Easement 

Agreement (see FEIS Attachment 1, Appendix F4).

Contaminated Materials 

•

•

Potential to encounter contaminated soil or groundwater during 

construction. 

Presence of potential building materials, equipment, or utilities 

containing suspect polycholorinated biphenyls (PCBs), lead-based 

paint (LBP), and/or asbestos-containing materials (ACM). 

•

•

•

•

The Project Sponsor will conduct a Subsurface (Phase II) Investigation in 

areas of proposed disturbance to characterize subsurface conditions. 

The Project Sponsor will implement appropriate health and safety 

precautionary and remedial measures including the implementation of a 

site-specific remedial action plan (RAP) and construction health and safety 

plan (CHASP) in accordance with the RD. 

The Project Sponsor will perform additional remedial activities to address 

known or potential residual contamination on the southwestern portion of the 

Project Site related to Spill #1802063 and on the northwestern portion of the 

Project Site under the New York State Department of Environmental 

Conservations (NYSDEC) State Hazardous Waste Site (SHWS) program 

(ID #231083). 

Any underground storage tanks (USTs) encountered during redevelopment 

will be properly closed and removed, along with any contaminated soil, by 

•

the Project Sponsor, in accordance with federal, state, and local regulations, 

including NYSDEC for registration and, if applicable, spill reporting. 

During any future subsurface disturbance, The Project Sponsor will handle 

and properly dispose of excavated soil in accordance with all applicable 

regulatory requirements, with spill reporting as required. Transportation of 

material leaving the Project Site for off-site disposal will be in accordance 

with federal, state, and local requirements covering licensing of haulers and 

trucks, placarding, truck routes, manifesting, etc.
November 2021 ROD-20

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Contaminated Materials 

(cont’d) 

•

•

•

The Project Sponsor will install appropriate permanent ventilation systems 

during construction of the Selected Alternative, as necessary, (to be 

operated post-construction) for areas under the Platform at the Project Site 

in accordance with LIRR’s engineering design criteria for yard ventilation. 

The Project Sponsor will install the appropriate vapor mitigation systems to 

protect buildings on the terra firma portion of the Project Site. 

Any building materials, equipment, or utilities containing suspect PCBs, 

LBP, and/or ACM will be properly handled and disposed of by the Project 

•

Sponsor, in accordance with the applicable regulations, prior to demolition 

or construction which may disturb them. 

The Project Sponsor will conduct dewatering activities in accordance with 

New York City Department of Environmental Protection (NYCDEP) 

requirements, including pre-treatment as required.

Utilities and Energy 

•

•

During operation of the Selected Alternative, no additional demand 

for existing utilities and energy is expected. 

During construction of the Platform, the Project Sponsor will make 

temporary infrastructure improvements to maintain utility services on 

the rail yard. 

• The Project Sponsor will maintain utility services during temporary and 

permanent on-site sewer improvements. The existing storm sewers on the 

Project Site will be diverted to the sanitary sewer system to accommodate 

the Platform support piles, and temporary drainage provision (such as pits 

and pumps) will be installed as temporary bypasses if needed during 

construction to maintain stormwater drainage in the rail yard. The Project 

Sponsor will relocate the existing sanitary sewer system and potable water 

mains in order to avoid conflicts with the Platform support piles; however, 

sanitary service and water supply to the rail yard will continue to function 

during and after construction. In addition, the Project Sponsor will remove 

or abandon the alternating currents (AC) duct banks that service the rail 

yard’s lighting during construction of Platform foundations, with temporary 

power and lighting system provided to maintain lighting on the rail yard 

during construction. As needed to avoid conflicts with the Platform support 

piles, the Project Sponsor will reroute the direct current (DC) feeders that 

supply energy to the rail yard’s traction power system around foundations in 

compliance with LIRR practices and standards.
Record of Decision

ROD-21 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Utilities and Energy (cont’d) 

• The storm sewer currently serving the rail yard will continue to operate 

following construction of the Platform in order to convey stormwater 

collected on the terra firma portion of the Project Site; this sewer operates 

in accordance with a municipal separate storm sewer systems (MS4) 

permit, and will continue to meet the permit requirements (no additional 

detention and/or onsite treatment measures are required). The drainage 

system in the railyard and on the Platform will discharge to the NYCDEP 

sewers adjacent to the Project Site and will be designed to meet all 

NYCDEP permit requirements.

Soils and Geology • Excavation of soils and bedrock will not alter soils or geological 

typologies, characteristics or features in the Study Area. 

• The Project Sponsor will develop a CEPP that will provide a detailed outline 

of environmental protection commitments and any other procedures to be 

implemented during the construction phase to protect sensitive resources 

that may be affected during construction. This includes a fugitive dust 

control plan; dewatering plan; noise mitigation plan; coordination with MTA 

and LIRR; and utility protection plan. 

FUGITIVE DUST CONTROL PLAN 

The Project Sponsor will develop a fugitive dust control plan that will include, at 

a minimum, the following provisions: 

• Controlling fugitive dust through water spraying or use of a biodegradable 

dust suppressant solution; 

• Maintaining large piles of soil, rock or sediment in a wet condition, coated 

with a dust suppressant and/or covered to prevent wind erosion and fugitive 

dust and covering longer-term stockpiles with weighted tarps. 

• Performing concrete- and rock-grinding, drilling, and saw-cutting operations 

with a wet blade or using mist if the activity is generating significant dust. 

Such operations in an enclosed space will utilize vacuum collection or 

extraction fans. 

• Stabilizing or wetting loose material during loading and unloading if the 

activity is generating dust plumes, and covering this material during 

transportation to and from the Project Site.
November 2021 ROD-22

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Soils and Geology (cont’d) 

DEWATERING PLAN

The Project Sponsor will include a dewatering plan that will require pumping of 

dewatering water into sedimentation tanks for removal of sediments prior to 

reuse on the sites or discharge into the City’s sewer system or the Hudson River 

via the existing LIRR outfall that serves the rail yard. The Project Sponsor will

periodically test water and particles in such tanks for pH and contaminants. 

Depending on test results, the Project Sponsor will treat the water for 

contaminants prior to disposal, as per NYSDEC, or NYCDEP regulations, and 

depending on point of discharge (i.e., City sewers or stormwater conveyance 

pipe to the Hudson River).

NOISE MITIGATION PLAN 

The Project Sponsor will use construction practices to the extent feasible and 

practicable to reduce noise and vibration levels associated with construction, as

listed under the Noise and Vibration. 

LIRR/MTA COORDINATION 

The Project Sponsor will conduct construction work in accordance with LIRR 

guidelines and design/construction criteria, which require persons engaged in 

pre-construction or construction activities located on or near the tracks, or with 

the potential of fouling a track in the Western Rail Yard to attend the LIRR 

Contractor Roadway Worker and Safety Training in accordance with provisions 

of 48 CFR Part 214 and LIRR Rules and Regulations. The Project Sponsor will 

enter into a construction agreement with MTA and LIRR that requires that MTA 

and LIRR receive and approve plans for construction activities related to work at 

the Western Rail Yard. 

UTILITY PROTECTION 

The Project Sponsor’s contractor will confirm location of underground utility lines 

to ensure avoidance by digging test pits at each caisson location. The Project 

Sponsor’s contractor will conduct additional geotechnical surveys if necessary. 

If needed, the Project Sponsor will conduct additional soil and groundwater 

testing to characterize more fully soil constituents for disposal purposes.
Record of Decision

ROD-23 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Water and Natural Resources •

•

Will not displace quality ecological communities or habitat. 

No impact to groundwater. 

•

•

To avoid exposing construction workers and the general public to existing 

groundwater contaminants and to minimize potential adverse impacts to 

groundwater resources, the Project Sponsor will perform demolition, 

disposal, excavation, dewatering, and other construction activities in 

accordance with all applicable federal, state, and local regulations and 

guidelines. As such, the Project Sponsor will implement a site-specific 

CHASP during ground disturbance to protect workers, the public, and the 

environment from exposure to groundwater contaminants. 

To minimize potential adverse impacts to NYSDEC littoral zone tidal 

wetlands of the Hudson River due to discharge of sediment during 

construction, the Project Sponsor will implement the erosion and sediment 

control measures contained in the stormwater pollution prevention plan 

•

(SWPPP) prepared for the Project. 

To minimize potential adverse impacts to water quality and aquatic biota of 

the Hudson River during construction, the Project Sponsor will treat all 

groundwater recovered during dewatering in accordance with NYCDEP 

requirements prior to discharge to the municipal sewer. Additionally, to 

minimize the potential for discharge of sediment to the Hudson River during 

construction, the Project Sponsor will implement erosion and sediment 

control measures contained in the SWPPP prepared for the Project in 

accordance with SPDES requirements.

Coastal Zone Consistency • Promotes policies of the Waterfront Revitalization Plan. 

The Project Sponsor will implement erosion and sediment control measures 

identified in the SWPPP prepared in accordance with a SPDES permit for the 

Selected Alternative. 

• The Project Sponsor will pump, test, and treat any groundwater recovered 

during dewatering of excavation sites before disposal to the New York City 

stormwater or combined sewer system under an NYCDEP Discharge Permit 

from the Bureau of Wastewater Treatment and in conformance with 

applicable discharge limits.

• The Project Sponsor will treat any groundwater recovered during dewatering 

activities prior to discharge to the Hudson River through existing stormwater 

outfalls within the Western Rail Yard in accordance with NYSDEC 

requirements. 

• The Project Sponsor will implement the following remedial and protective 

measures to avoid, minimize, or mitigate exposure pathways to these 

potential contaminants during construction and operation.
November 2021 ROD-24

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Coastal Zone Consistency • Promotes policies of the Waterfront Revitalization Plan. 

•

•

•

•

•

•

•

•

A Phase II Investigation will be conducted in areas of proposed disturbance 

(above the bedrock interface) to characterize subsurface conditions. 

Prior to any excavation or construction activity, the Project Sponsor will

prepare a site-specific RAP and CHASP. 

Remedial activities in areas of known spills will continue to be conducted in 

coordination with NYSDEC and New York City Office of Environmental 

Remediation (NYCOER), as required. 

Any USTs encountered during redevelopment will be properly closed and 

removed, along with any contaminated soil, in accordance with federal, 

state, and local regulations, including NYSDEC for registration and, if 

applicable, spill reporting. 

During subsurface disturbance, excavated soil will be handled and disposed of 

properly in accordance with all applicable regulatory requirements, with spill 

reporting as required. Transportation of material for off-site disposal will be in 

accordance with federal, state, and local requirements covering licensing of 

haulers and trucks, placarding, truck routes, manifesting, etc. 

The appropriate vapor mitigation systems will be installed to protect 

buildings on the terra firma portion of the Project Site. If required, the design 

of new buildings will consider soil vapor mitigation measures to prevent any 

volatile contaminants that may remain present in the soil and groundwater 

from migrating into the new buildings, in accordance with NYCDEP, 

NYCOER and/or NYSDEC requirements. 

Any building materials, equipment, or utilities containing suspect PCBs, 

LBP, and/or ACM will be properly handled and disposed of, in accordance 

with the applicable regulations, prior to demolition or construction which 

may disturb them. 

Appropriate permanent ventilation systems will be installed during 

redevelopment (to be operated post-construction) for areas under the 

Platform at the Project Site in accordance with LIRR’s engineering design 

criteria for yard ventilation.
Record of Decision

ROD-25 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Socioeconomics 

•

•

•

No direct displacement of any residential or business populations.

Will facilitate substantial economic opportunities. 

Construction activities associated with the Selected Alternative

will generate substantial economic benefits for the local and 

regional economies in terms of jobs supported, labor income, and 

value added.

•

•

The Project Sponsor will provide interim MTA LIRR facilities to enable the 

railyard to be fully functional during construction. 

The Project Sponsor will develop MPT plans to ensure the safety of 

pedestrian, bicyclist, and vehicle circulation near the Project Site during 

construction of the Selected Alternative as required by NYCDOT. 

Public Health 

•

•

Construction of the Selected Alternative includes noise and air 

emissions, and potential to encounter contaminated materials. 

Construction of the Selected Alternative includes the potential to 

disturb pests occupying the Project Site. 

•

•

•

•

Prior to any excavation or construction activity, a site-specific RAP and 

CHASP will be prepared by the Project Sposnor. The Project Sponsor will

install appropriate permanent ventilation systems during construction of the 

Selected Alternative (to be operated post-construction) for areas under the 

Platform at the Project Site, in accordance with LIRR’s engineering design 

criteria for yard ventilation. 

During any subsurface disturbance, the Project Sponsor will handle and dispose 

of excavated soil properly in accordance with all applicable regulatory 

requirements, with spill reporting as required. 

The Project Sponsor will treat any groundwater recovered during 

dewatering in accordance with NYCDEP requirements prior to discharge to 

the municipal sewer. 

The Project Sponsor will transport all material leaving the Project Site for 

off-site disposal in accordance with federal, state, and local requirements 

covering licensing of haulers and trucks, placarding, truck routes, 

•

•

•

manifesting, etc. 

The Project Sponsor will incorporate sufficient noise control measures in 

the final design of the ventilation system plans to ensure compliance with 

the NYCNCC at all surrounding residential receptors. 

Construction of the Selected Alternative will include sufficient mitigation to

meet the NYCNCC construction noise limit of an Lmax of 85 dB(A) at the 

exteriors of any adjacent residential properties. 

The Project Sponsor will consult with NYC Parks and Friends of the High 

Line to determine the necessary steps to protect users of the High Line 

during construction.
November 2021 ROD-26

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Public Health (cont’d) 

•

•

Construction of the Selected Alternative includes noise and air 

emissions, and potential to encounter contaminated materials. 

Construction of the Selected Alternative includes the potential to 

disturb pests occupying the Project Site. 

The Project Sponsor will develop and implement an integrated pest management 

plan to control pests (unwanted vermin, insects and weeds) during construction

as part of the overarching CEPP. The pest management plan will include the 

following provisions: 

• Keep the Project Site as clean as possible. Food waste will be 

segregated from construction waste and deposited in covered bins; 

• Pump out standing water before the water becomes septic; 

• Trim vegetation fostering vermin; and 

• Elevate construction trailers, dumpsters, and sheds off the ground to 

discourage vermin from burrowing or hiding under them.

Environmental Justice 

•

•

The Selected Alternative will overall result in beneficial effects. It 

will support local plans for development over the Project Site and 

will provide benefits to the transit system by providing cover 

above the existing Western Rail Yard and preserving right-ofway for future passenger rail service improvements. The 

Selected Alternative will not result in any operational adverse 

effects to environmental justice populations. 

Noise and vibration from construction activities will be 

temporarily disruptive at portions of the High Line, a linear park 

adjacent to the Project Site that serves as an attraction to the 

region, including environmental justice populations within the 

Study Area.

Construction activities of the Selected Alternative, including vibration, also have 

the potential to result in structural impacts to the High Line (a recreational and 

historic resource); however, measures will be implemented by the Project Sponsor 

(as described above for Noise and Vibration, Cultural Resources, and Parks and 

Recreation Areas) to avoid adverse impacts, including development and 

implementation of a CEPP. With these measures in place, adverse construction 

impacts will be avoided, including to environmental justice populations. As noise 

levels at the High Line will exceed CEQR nuisance levels, the Project Sponsor will

consult with NYC Parks and Friends of the High Line to determine the necessary 

steps to protect park users, such as providing signage alerting park users to the 

potential for increased noise levels of certain portions of the park where high noise 

levels are anticipated.

Section 4(f) 

• FRA has concluded that noise levels at portions of the High Line 

during construction activities for the Selected Alternative and the 

temporary underpinning of the High Line will be a de minimis

Section 4(f) impact. To ensure that potential construction-related 

effects on the NRT and the High Line are not adverse, the Project 

Sponsor will be required by FRA to develop and implement a 

Construction Protection Plan (as part of the CEPP) for the 

construction of the Platform and Tunnel Encasement. 

•

•

•

The Project Sponsor will develop a CPP (as part of the CEPP) for the

construction of the Platform and Tunnel Encasement in order to protect the 

High Line and the NRT and meet the conditions of the 2009 LOR. 

The Project Sponsor will consult with NYC Parks regarding aspects of the 

Platform design that relate to the High Line. The Project Sponsor will 

coordinate with NYC Parks on the design plans for the Platform at the 

preliminary and pre-final design stages. If NYC Parks identifies substantive 

concerns with maintenance and operation access, the Project Sponsor will 

continue to coordinate with NYC Parks to mitigate those concerns. 

The Project Sponsor will adhere to the terms of the Amended, Modified, and 

Restated High Line Easement Agreement among WRY Tenant LLC, the City 

of New York, the Metropolitan Transportation Authority, and the Long Island 

Rail Road Company, which provides for, but is not limited to the following:
Record of Decision

ROD-27 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Section 4(f) (cont’d) 

• FRA has concluded that noise levels at portions of the High Line 

during construction activities for the Selected Alternative and the 

temporary underpinning of the High Line will be a de minimis

Section 4(f) impact. To ensure that potential construction-related 

effects on the NRT and the High Line are not adverse, the Project 

Sponsor will be required by FRA to develop and implement a 

Construction Protection Plan (as part of the CEPP) for the 

construction of the Platform and Tunnel Encasement. 

•

o Perpetual easements over the Western Rail Yard for the High 

Line structure, including “any alterations, replacements, 

substitutions and renewals thereof” and for structural 

supporting elements. 

o Reciprocal easements as between the City of New York and the 

owners of the Western Rail Yard parcels to enter the Western 

Rail Yard parcels and the High Line easement area, respectively. 

The access easement benefiting the City of New York provides 

explicitly for access for City personnel “to perform any 

inspections, repairs, maintenance, construction, restoration, 

improvements, alterations or capital improvements” to the High 

Line and related support facilities.

o The City’s review of any work that involves the Western Rail 

Yard developer’s exercise of its rights under the Easement 

Agreement (e.g., construction of the Platform that affects the 

High Line). 

o The Western Rail Yard developer’s responsibility for the 

restoration of any High Line structures damaged in the course 

of the developer’s exercise of its rights under the Easement 

Agreement; and 

o Construction-period coordination between the City and the 

Western Rail Yard developer to ensure that the Western Rail 

Yard mixed-use development (which included the Platform that 

is the subject of the current DEIS) and the restoration and use 

of the High Line as a park proceed in a timely and safe manner.

o In addition, the High Line Easement Agreement includes a 

perpetual easement that applies to Amtrak’s ownership rights 

of the Tunnel Encasement. The Tunnel Encasement will be 

15-20 feet below grade and Amtrak’s use and operations of 

the tunnel will not affect the City’s ability to inspect and 

maintain the High Line. Those activities will be governed by 

the terms of the attached High Line Easement Agreement 

(see FEIS Attachment 1, Appendix F4). 

The Project Sponsor will implement practices to reduce impacts to the High 

Line resulting from noise levels associated with construction of the Selected 

Alternative.
November 2021 ROD-28

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Section 4(f) (cont’d) 

•

•

•

•

•

To address potential noise impacts during construction of the Selected

Alternative, the Project Sponsor will consult with NYC Parks and Friends of 

the High Line to determine the necessary steps to protect park users, such 

as providing signage alerting park users to the potential for increased noise 

levels of certain portions of the park where high noise levels are anticipated.

The Project Sponsor will include a specification in construction documents 

indicating the following: the only allowable construction work hours on the 

High Line structure and columns for underpinning work (column load 

transfer) are between 11 PM and 7 AM – when the High Line is not open –

unless otherwise approved by NYC Parks and Friends of the High Line. 

Noise from construction equipment will comply with New York City noise 

emission standards. These requirements mandate that certain 

classifications of construction equipment and motor vehicles meet specified 

noise emission standards, and construction material be handled and 

transported in such a manner to not create unnecessary noise. 

Construction of the Selected Alternative will include sufficient mitigation to 

meet the NYCNCC construction noise limit of an Lmax of 85 dB(A) at the 

exteriors of any adjacent residential properties. 

The Project Sponsor will be required to obtain NYCDOB approval for 

construction outside of weekdays 7 AM to 6 PM, which is prohibited by the 

NYCNCC. The Project Sponsor expects discretionary approval will be 

granted to reduce interference with LIRR operations. 

o To the extent practicable given space constraints at the work 

sites, construction will use acoustical noise tent and/or enclosures 

surrounding hoe rams, jackhammers, or pavement breakers that 

can provide up to 15 dB(A) of noise reduction during any 

demolition activities. For additional noise reduction, jackhammer 

noise mufflers that can provide up to an additional 10 dB(A) of 

noise reduction can also be used. 

o To minimize the noise from the backup warning alarms on trucks, 

the Project Sponsor will route vehicles through the construction 

sites to minimize the use of alarms. In addition, vehicles will also 

be equipped with OSHA-approved quieter backup alarms. 

o Any blasting activities associated with excavation of rock during 

Tunnel Encasement will be coordinated and conducted with 

permission from the FDNY. The Project Sponsor will provide a 

blasting schedule to neighboring building owners and occupants. 

Construction vibration monitoring will be required during blasting 

activities to ensure that vibration does not exceed a level that 

could result in damage to any nearby buildings or structures.
Record of Decision

ROD-29 November 2021

Table 2 (cont’d)

Summary of Effects and Associated Measures to Minimize Harm of the Selected Alternative 

Environmental Category Beneficial and Adverse Effects Commitment Measures to Avoid, Minimize, or Mitigate Impacts

Section 4(f) (cont’d) 

o

o

To address potential noise impacts during construction of 

the Selected Alternative, the Project Sponsor will consult 

with NYC Parks and Friends of the High Line to determine 

the necessary steps to protect park users, such as providing 

signage alerting park users to the potential for increased 

noise levels of certain portions of the park where high noise 

levels are anticipated. 

Consistent with the protection and monitoring procedures 

developed for the High Line, construction vibration 

monitoring will be required whenever construction will occur 

within 90 feet of the High Line structure to ensure that 

construction activities do not result in vibration levels that 

will be capable of causing damage.
November 2021 ROD-30

Table 3 

Summary of Indirect Effects of the Selected Alternative and Measures to 

Avoid, Minimize, or Mitigate Impacts 

Resource Categories Indirect Effects and Commitment Measures

Land Use, Land Planning, and 

Property

The indirect effects of the operation and construction of the Selected Alternative will 

consistent with land planning, zoning, and local and regional plans and policies.

be 

Transportation 

Operation

• The indirect effects of the Selected Alternative will include increasing vehicular traffic 

demand in the Study Area. 

• The Selected Alternative will not result in any indirect parking effects.

• The Selected Alternative will indirectly increase pedestrian volumes given the features 

and function of the Overbuild. The Overbuild Developer’s commitments made in the 2009 

SEQRA/CEQR FEIS that relate to pedestrians would still apply and minimize impacts 

related to pedestrian activities. 

• No indirect effects from the Selected Alternative on subway station elements in the Study 

Area are anticipated. 

• The indirect effects of the Selected Alternative will add demand for bus ridership. The 

Overbuild Developer’s commitments made in the 2009 SEQRA/CEQR FEIS that relate 

to bus serve would still apply. 

Construction

• Indirect construction effects of the Selected Alternative will be related to the construction 

of the Overbuild. The Overbuild Developer will prepare MPT plans and submit them to 

NYCDOT for approval.

Operation

• Emissions from increased traffic or changed traffic patterns as an indirect effect of the 

Selected Alternative will not cause or exacerbate a violation of National Ambient Air 

Air Quality, Greenhouse Gas 

Emissions, and Resilience

Quality Standard (NAAQS) or cause an exceedance of NYSDEC/NYCDEP significant 

threshold values (STVs) for PM2.5 or of the NYCDEP de minimis criteria for CO, and thus 

will not have an adverse air quality impact. 

Construction

• The indirect construction impacts of the Selected Alternative will not have an adverse 

impact on air quality. To ensure that the construction of the Overbuild will result in the 

lowest practicable diesel PM emissions, the Overbuild Developer will implement an

emissions reduction program for construction activities.

Operation

• The indirect effects on noise levels due to vehicular traffic associated with the Selected

Noise and Vibration 

Alternative will not be a significant impact.

Construction

• The indirect construction impacts of the Selected Alternative will not have an adverse 

impact on noise and vibration. The Overbuild Developer will provide measures and 

construction procedures to avoid an adverse impact related to construction noise and 

vibration.

Cultural Resources 

Operation

• The Overbuild, which is an indirect consequence of the Selected Alternative, will result 

in impacts to cultural resources. To ensure that the effects to the High Line that are an 

indirect effect of the Selected Alternative are not adverse, the Project Sponsor (which 

includes the Overbuild Developer) is required to meet all the conditions of the LOR, which 

includes review of Overbuild design by NYSHPO and NYCLPC and development of a 

CPP. 

Construction

• With the mitigation measures required in the RD as a result of the 2009 SEQRA/CEQR 

FEIS (meeting the conditions of the LOR), no significant adverse impacts to cultural 

resources are anticipated as an indirect effect of the Selected Alternative.
Record of Decision

ROD-31 November 2021

Table 3 (cont’d) 

Summary of Indirect Effects of the Proposed Action and Measures to Avoid, 

Minimize, or Mitigate Impacts 

Resource Categories Indirect Effects and Commitment Measures

Operation

• The Selected Alternative will have no indirect effects on parks and recreation 

areas. 

Parks and Recreation Construction

• The indirect construction impacts of the Selected Alternative will not have an 

adverse impact on parks and recreation with the mitigation measures required as 

a result of the 2009 SEQRA/CEQR FEIS.

Aesthetics and Visual Quality 

The operation and construction of the Selected Alternative are not anticipated to have 

indirect adverse impacts on urban design and visual resources (i.e., aesthetics and 

visual quality).

Contaminated Materials 

The operation and construction of the Selected

in an indirect adverse impact on hazardous 

remediation and protective measures.

Alternative are not anticipated to result 

materials with the implementation of 

Operation

• The indirect effects of the Selected Alternative will result in increased demands 

Utilities and Energy 

on New York City’s water supply and sanitary sewage treatment systems; 

however, the additional demand will be negligible on utility infrastructure and 

services.

Construction

• The indirect construction impacts of the Selected Alternative are not anticipated 

to impact provision of utility services to the Project Site, including water supply, 

wastewater, and stormwater services; solid waste and sanitation services; and 

energy.

Soils and Geology 

The operation and construction of the indirect effects of the Selected Alternative will

result in minimal disturbance to soils at the Project Site and will not alter the geological 

character or integrity.

Water and Natural Resources 

Operation

• The indirect effects of the Selected Alternative will not adversely affect flooding of 

areas adjacent to the Project Site. 

• The indirect effects of the Selected Alternative will not result in adverse impacts 

on designated NYSDEC littoral zone tidal wetlands in the Hudson River. 

• The indirect effects of the Selected Alternative will not result in adverse impacts 

on groundwater, terrestrial resources, threaten and endangered species, or 

aquatic resources. 

• The indirect effects of the Selected Alternative will not result in adverse impacts 

on groundwater. 

Construction

• Construction of the Overbuild, which is an indirect effect of the Selected

Alternative, is not anticipated to result in an adverse impact to natural resources 

with implementation of the Overbuild Developer’s commitments related to 

construction practices.

Operation

• The indirect effects of the Selected Alternative will be consistent with the Local 

Coastal Zone Consistency Waterfront Revitalization Plan (LWRP) by supporting its policies. 

Construction

With implementation of Overbuild Developer’s commitments, the indirect construction 

effects of the Selected Alternative will be consistent with the LWRP.
November 2021 ROD-32

Table 3 (cont’d) 

Summary of Indirect Effects of the Proposed Action and Measures to Avoid, 

Minimize, or Mitigate Impacts 

Resource Categories Indirect Effects and Commitment Measures

Socioeconomics 

Operation

• The indirect effects of the Selected Alternative, the Overbuild, will not result in 

adverse impacts due to indirect residential displacement. 

• The Selected Alternative will not result in an adverse impact due to indirect 

business displacement within the Study Area and will not adversely affect any 

specific industries.

• The new population that will indirectly result from the Selected Alternative due 

to the Overbuild will not adversely affect public schools, public libraries, police, 

fire, EMS, or health care facility services in the Study Area. The projected 

increase in demand for publicly funded child care services could adversely 

affect services, but will be mitigated through the RD. 

Construction

• The indirect construction effects of the Selected Alternative will result in 

temporary disruptions in the surrounding area. However, such disruptions will

not adversely affect socioeconomic conditions.

Public Health 

The indirect effects of the operation and construction of the Selected Alternative are 

not anticipated to result in any adverse effects to air quality, noise, contaminated 

materials, or water quality, and as a result will not result in any adverse public health 

impacts. Implementation of the Overbuild Developer’s commitments for noise, air 

quality, and contaminated materials will mitigate, either in part or in whole, any 

adverse impacts.

Environmental Justice 

The indirect effect of the operation and construction of the Selected Alternative will

not result in disproportionately high and adverse effects on environmental justice 

populations. 

5 PUBLIC OUTREACH AND OPPORTUNITIES TO COMMENT

During preparation of the DEIS, FRA informed and solicited early and continued feedback 

from the public and provided opportunities for comments and questions. FRA conducted 

outreach that included compiling a comprehensive mailing list of stakeholders, including 

elected officials, and potentially interested organizations, and providing multiple forums 

for those stakeholders to provide input. Project outreach efforts included:

• A Project website (www.westernrailyardinfrastructure.com) with a library of Project 

documents for public review, additional information on the Project, and a means for 

providing comments and requesting further information.

• A presentation providing an overview of the Project was posted on the Project 

website. The presentation was available in English and in Spanish (due to the 

presence of large Spanish-speaking communities in the vicinity of the Project area).

• A virtual public meeting during the public comment period (June 30, 2021). FRA used 

the Project website, meeting flyers, and email notices to the Project mailing list to 

publicize the public meeting. The meeting flyers were in English and Spanish (due to 

the presence of notable Spanish-speaking communities in the vicinity of the Project 

area) and were mailed or emailed to the Project mailing list. FRA also distributed 

flyers to libraries and community centers. Flyers and meeting notices were sent out 

at least two weeks in advance of meetings. In addition, meetings were advertised in 

area newspapers (in English, with Spanish ads in corresponding local area papers) 

and on the Project website.
Record of Decision

ROD-33 November 2021

• Public and interested agencies had the opportunity to submit comments in writing, via 

the Docket system at Regulations.gov (Docket FRA-2020-0039), email, voicemail to 

a Project phone number, or U.S. mail.

6 DETERMINATIONS AND FINDINGS REGARDING OTHER 

LAWS

6.1 SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION 

ACT

FRA completed consultation in accordance with Section 106 of the National Historic 

Preservation Act of 196616 (Section 106) and its implementing regulations,17 which 

require Federal agencies to consider the impacts of their undertakings on historic 

properties. Section 106 regulations require that FRA identify historic properties listed in 

or eligible for listing in the National Register of Historic Places (NRHP) within the Project's 

Area of Potential Effects (APE); assess effects to historic properties; avoid, minimize, or 

mitigate any adverse effects; and consult with the relevant State Historic Preservation 

Officer (SHPO), which for the Western Rail Yard Infrastructure Project is the NYSHPO. 

Through the Section 106 process, FRA determined, and the NYSHPO concurred in a 

letter dated February 11, 2021, that there will be no adverse effects to historic properties 

as a result of construction or operation of the Selected Alternative, provided the Project 

Sponsor follows certain conditions. Specifically, the Project Sponsor is required to 

develop a CEPP for the construction of the Selected Alternative, in order to avoid the 

potential for construction-related effects (including vibration effects) on the High Line and 

the New York Improvements and Tunnel Extension of the Pennsylvania Railroad (NRT). 

At the time of the 2009 SEQRA/CEQR FEIS, the Overbuild Developer executed a Letter 

of Resolution (LOR) with the New York State Office of Parks, Recreation, and Historic 

Preservation (OPRHP), with stipulations developed in accordance with Section 14.09 of 

the New York State Parks, Recreation and Historic Preservation Law, to address the 

potential for adverse effects to the High Line. The LOR requires preparation of a 

Construction Environmental Protection Plan (CEPP) to protect the High Line during 

adjacent construction of the Platform and Overbuild. That LOR remains in effect. The 

requirement for a CPP to protect the High Line during adjacent construction of the 

Platform and Overbuild was also incorporated into the RD for the 2009 Western Rail Yard 

project.18 Stipulation 1 of the LOR requires the Overbuild Developer to continue 

consultation with OPRHP in accordance with Section 14.09, regarding aspects of the 

development’s design that could affect the High Line (specifically, review of preliminary 

and pre-final design plans). The Project Sponsor will meet all requirements set forth in 

the SEQRA process including compliance with the LOR. 

16 54 USC 306108.

17 36 CFR Part 800.

18 The “Construction Protection Plan” (as referenced in the LOR) is part of the “Construction Environmental 

Protection Plan” (as referenced in the RD). 
November 2021 ROD-34

The CPP for the protection of the NRT and the High Line will be incorporated into the 

overarching CEPP that will be developed for the Selected Alternative (see Chapter 22). 

The CPP is required to meet the guidelines set forth in New York City Department of 

Building’s (NYCDOB’s) Technical Policy and Procedure Notice (TPPN) #10/88, the 

Protection Programs for Landmarked Buildings guidance document of the New York City 

Landmarks Preservation Commission (LPC), and the National Park Service’s 

Preservation Tech Notes, Temporary Protection #3: Protecting a Historic Structure during 

Adjacent Construction. The CPP will set forth the specific protection and monitoring 

measures that will be implemented during construction to avoid inadvertent damage to 

these historic properties and will be implemented in coordination with NYSHPO and LPC.

Details related to the rationale for the determination are provided in the EIS in Chapter 9, 

“Cultural Resources.”

6.2 SECTION 4(f) DETERMINATION

Section 4(f) of the Department of Transportation Act of 1966 (Section 4(f)) protects 

publicly owned parks, recreation areas, wildlife and/or waterfowl refuges, and publicly or 

privately owned significant historic sites.19 Section 4(f) states that USDOT operating 

administrations, including FRA, may approve a transportation program or project 

requiring the use of publicly owned land of a public park, recreation area, or wildlife and 

waterfowl refuge of national, state, or local significance, or land of an historic site of 

national, state, or local significance (as determined by the Federal, state, or local officials 

having jurisdiction over the park, area, refuge, or site) only if (a) the agency determines 

that the use of the property will have a de minimis impact; or (b) there is no feasible and 

prudent avoidance alternative to the use of the land, and the action includes all possible 

planning to minimize harm to the Section 4(f) property resulting from the use.20

Three Section 4(f) properties were identified in the Study Area and are listed below in 

Table 4. 

19 49 USC § 303 and 23 § USC 138. FRA’s Section 4(f) implementing regulations at 23 CFR Part 774. 

20 23 CFR Part 774.3.
Record of Decision 

 ROD-35 November 2021

Table 4 

Section 4(f) Properties in the Study Area 

Official(s) Section 4(f) Description 

Map Property with Property (Features/ Attributes/ Approximate 

No. Name Location* Jurisdiction Type Activities) Size 

1 High Line 

Between 

Gansevoort and 

34th Streets west 

of Tenth Avenue 

NYSHPO 

NYC Parks 

Park and 

Recreational 

Resource 

Historic site 

Walkway and 

landscaped area on 

elevated former rail 

line 

1.45 miles 

long, 6.73 

acres total 

Approx. 1.20 

acres in Study 

Area 

Bergen Portal 

Township of North 

Bergen, Hudson Within Study Area: 

2 NRT County, New 

Jersey to the Tenth NYSHPO Historic site subterranean tubes 

containing railroad N/A 

Avenue Portal in tracks 

New York City, 

New York County 

3 

Hudson 

River 

Park 

Hudson River 

waterfront, between 

roughly Chambers 

Street and West 

59th Street 

HRPT 

Park and 

Recreational 

Resource 

Within Study Area: 

walkway/esplanade, 

and commercial-use 

heliport 

4 miles long, 

550 acres 

total 

Approx. 1.18 

acres in Study 

Area 

Note: HRPT = Hudson River Park Trust 

The Selected Alternative would not result in the permanent incorporation of any land from 

the Section 4(f) properties in the Study Area. 

Construction of the Platform would require approximately 400 caissons to be drilled on 

either side of the NRT. To avoid the potential for damage to the NRT from vibration 

produced by caisson drilling, the caissons will be located outside of Amtrak's influence 

line exclusion zone. Furthermore, the Project Sponsor will implement measures to protect 

against potential construction-related effects to the NRT, discussed below. Therefore, 

FRA has determined there will be no impacts to and no use of the NRT as a result of the 

Selected Alternative. 

Construction activites near Hudson River Park would not result in any physical alterations 

to, occupation, or temporary closures of the park. FRA has determined there will be 

impacts to and no use of the Hudson River Park as a result of the Selected Alternative. 
November 2021 ROD-36

Construction activities for the Selected Alternative would include temporary underpinning 

of an approximately 100-foot-long segment of the High Line, where the Tunnel 

Encasement alignment would cross beneath the High Line that runs along West 30th 

Street. Underpinning is a process in which structural support is added to protect the 

structural integrity of the resource during construction of the Tunnel Encasement. The 

duration of the underpinning construction would be approximately four months, and the 

underpinning would be in place for an additional 16 months, during excavation and 

construction of the Tunnel Encasement. Additionally, the predicted worst case

construction noise levels at the High Line would exceed nuisance levels, as defined by 

the CEQR Technical Manual, and may interfere with speech while construction 

equipment is in use. For these reasons, FRA has determined that the Selected Alternative 

will result in the de minimis use of the High Line. FRA’s de minimis conclusion is made 

after consideration of the following measures that the Project Sponsor will implement to 

avoid or minimize adverse effects to the High Line that will result from the Selected 

Alternative. 

The Project Sponsor will develop a CPP for the construction of the Platform and Tunnel 

Encasement in order to avoid the potential for construction-related effects (including 

vibration effects) on both the High Line and the NRT and meet the conditions of the 2009 

LOR. The CPP will set forth the specific protection and monitoring measures that will be 

implemented during construction to avoid inadvertent damage to the High Line and the 

NRT and will be implemented in coordination with the NYSHPO and LPC. The CPP will 

be required to meet the guidelines set forth in NYCDOB’s TPPN #10/88, the Protection 

for Landmarked Buildings guidance document of the New York Landmarks Preservation 

Commission, and the National Park Service’s Preservation Tech Notes, Temporary 

Protection #3: Protecting a Historic Structure during Adjacent Construction.

In addition, the Amended, Modified, and Restated High Line Easement Agreement

executed among the Metorpolitaion Transporation Authority (MTA), Long Island Rail 

Road (LIRR) Company, City of New York and WRY Tenant LLC, provides for coordination 

between NYC Parks, Friends of the High Line, and WRY Tenant LLC to allow for the 

rehabilitation, operation, and maintenance of the High Line for public recreational use 

side-by-side with the construction, operation, and maintenance of the Platform and the 

Overbuild development at the Western Rail Yard.21 This agreement provides for various 

easements over the Western Rail Yard for inspections, maintenance, repairs, 

construction, restoration, or improvements to the High Line. In addition, the High Line 

Easement Agreement includes a perpetual easement that applies to Amtrak’s ownership 

rights of the Tunnel Encasement. Amtrak’s use and operations of the tunnel will not affect 

the City’s ability to inspect and maintain the High Line. 

To the extent feasible and practicable to reduce noise and vibration levels, the FRA has 

provided mitigation and measures to reduce impacts associated with construction of the 

Selected Alternative. Mitigation measures are detailed in Table 2 and include complying 

with with noise emission standards of New York City and coordinate as needed. 

21 The Overbuild development is not part of the Selected Alternative, but is an indirect effect of the 

Proposed Action.
Record of Decision

ROD-37 November 2021

Additionally, the Project Sponsor will include a specification in construction documents 

indicating the following: the only allowable construction work hours on the High Line 

structure and columns for underpinning work (column load transfer) are between 11 PM 

and 7 AM—when the High Line is not open—unless otherwise approved by NYC Parks 

and Friends of the High Line.

FRA provided an opportunity for review and comment on the Draft Section 4(f) Evaluation 

to the U.S. Department of Interior (DOI) and the officials with jurisdiction over the Section 

4(f) resources, the NYSHPO and NYC Parks. FRA received concurrence from the DOI 

regarding the Section 4(f) Evaluation de minimis finding in a letter date July 23, 2021, 

with the requirement of a concurrence letter from NYC Parks (see Appendix O3 of the 

FEIS). FRA received concurrence from NYC Parks regarding the Section 4(f) Evaluation 

de minimis finding on September 3, 2021 (see Appendix O3). The Project Sponsor will 

continue to consult with NYC Parks regarding those aspects of the Platform design that 

relate to the High Line. The Project Sponsor will submit design plans for the Platform to 

NYC Parks at the preliminary and pre-final design stages. If NYC Parks identifies 

substantive concerns with maintenance and operation access, the Project Sponsor will 

continue coordination with NYC Parks to mitigate those concerns.

6.3 ENVIRONMENTAL JUSTICE

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations (February 11, 1994), requires Federal 

agencies to identify and address disproportionately high and adverse effects of their 

actions on minority populations and low-income populations (environmental justice 

communities). Executive Order 12898 also requires Federal agencies to work to ensure 

greater public participation in the decision-making process. USDOT Updated 

Environmental Justice Order 5610.2(a), Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations, imposes similar obligations on 

USDOT operating administrations to promote the principles of Executive Order 12898 

and incorporate such principles in all programs, policies, and activities, including the 

NEPA process.

FRA prepared an analysis of the Selected Alternative’s effects on environmental justice 

populations following guidance and methodologies for compliance with Executive Order 

12898 established by CEQ, USDOT Updated Environmental Justice Order 5610.2(a), 

and New York City guidance.

A CEPP for the Selected Alternative will incorporate the proposed project commitments 

identified as a result of this EIS process, as well as the established commitments being 

carried forward from prior environmental reviews for actions proposed for this Project. A 

CPP to avoid inadvertent damage to historic properties will be incorporated into the 

overarching CEPP for the Preferred Alternative. Noise levels at the High Line would 

exceed nuisance levels, as defined by the CEQR Technical Manual, and may interfere 

with speech while construction equipment is in use. As such, the Project Sponsor will

consult with NYC Parks and Friends of the High Line to determine the necessary steps 

to protect park users (including any park users from enviornmental justice populations), 

such as providing signage alerting park users to the potential for increased noise levels 

of certain portions of the park where high noise levels are anticipated.
November 2021 ROD-38

Adverse construction impacts of the Selected Alternative will occur in both environmental 

justice and non-environmental justice communities. The adverse construction impacts of 

the Selected Alternative will not be greater or appreciably more adverse in environmental 

justice communities compared to areas that are not environmental justice communities. 

Therefore, the Selected Alternative will not result in disproportionately high and adverse 

effects on environmental justice communities. 

Based upon these findings, and with these mitigation measures in place, FRA determines 

that the Selected Alternative is consistent with requirements of Executive Order 12898.

6.4 COASTAL ZONE MANAGEMENT ACT

The Federal Coastal Zone Management Act (CZMA) of 1972 was established to 

encourage coastal states to manage development within the states' designated coastal 

areas, reduce conflicts between coastal developments, and protect resources within the 

coastal zone. Requirements for Federal approval of coastal zone management programs 

and grant application procedures for development of the state programs is included in 15 

CFR Part 923, Coastal Zone Management Program Development and Approval 

Regulations, National Oceanic and Atmospheric Administration (NOAA). The Coastal 

Zone Management Act requires that Federal activities within a state's coastal zone be 

consistent with that state's coastal zone management plan. New York state and New 

York City have coastal zone management program, which are administered NYSDOS 

and NYCDCP, respectively. As discussed in the FEIS, the Selected Alternative will be 

consistent with each state's coastal zone management policies. Both NYSDOS and 

NYCDCP have issued coastal zone consistency determinations for the Proposed Action

on August 10, 2021, based on information in the DEIS and will issue updated 

determinations as part of the permitting process (see Appendix L of the FEIS). 

6.5 CLEAN AIR ACT

In accordance with 40 CFR Part 93 Subpart B, as an action taken by FRA, the Project is 

subject to general conformity requirements. General conformity regulations apply to the 

Selected Alternative because it is located in an area that the U.S. Environmental 

Protection Agency has designated as under a maintenance plan for attainment of the 

NAAQS for PM2.5 and in serious non-attainment for ozone (O2). As part of the 

environmental review process, FRA conducted an analysis of potential emissions from 

the Project pursuant to 40 CFR Part 93. FRA has determined that Project-generated 

predicted annual pollutant emissions will be below General Conformity de minimis

thresholds and that no General Conformity determination is required.

6.6 PERMITS AND APPROVALS

Implementation and construction of the Selected Alternative is subject to a number of 

Federal, New York State, and local permits and approvals in addition to NEPA. Table 5, 

“Process, Agency Coordination, and Public Involvement,” lists the anticipated permits for 

the Selected Alternative.
Record of Decision

ROD-39 November 2021

Table 5

Permits and Approvals Required for the Selected Alternative 

State of New York

New York State Department of Environmental Conservation 

Soil Erosion Control 

SPDES General Permit for Stormwater Discharge from Construction Activity

New York State Department of State

Coastal Zone Consistency Determination

Local

New York City Department of City Planning 

New York City Department of City Planning Coastal Zone Consistency Determination

Compliance with Environmental Construction Measures per the Restrictive Declaration

New York City Department of Buildings

New Building Permit 

New York City Department of Buildings/City of New York Fire Department 

Fuel Storage 

Fire Protection (Wet System) 

City of New York Fire Department

Fire Alarm and Fire Suppression (FM-200) 

Life Safety / Egress 

Radio 

New York City Department of Environmental Protection 

Site Connection – for water drainage and runoff 

Generators (for emissions) 

Tunneling Permit

New York City Department of Parks and Recreation 

Proximity to High Line

New York City Department of Transportation

Division of Bridges

Department of Transportation – Sidewalks 

Department of Transportation – Underground Vaults if necessary 

Department of Transportation – Revocable Consents if necessary 

OCMC

Con Edison

Electrical and Gas Service

New York City Mayor's Office of Environmental Remediation

Remedial Investigative Report (RIR) 

RAP

Waste Characterization 

Noise RAP 

LIRR – for Transit areas for compliance with NYS Uniform Fire Prevention and Building Code

Amtrak for proximity to existing structures

Friends of the High Line 
November 2021 ROD-40

7 CONCLUSION 

FRA has carefully considered the DEIS, FEIS, and associated technical reports and 

analysis; the Section 4(f) Determination; the mitigation measures required including 

commitments made in the RD and LOR; the written comments offered by agencies, 

stakeholders, and the public on this record; and other supporting documentation including 

the 2009 SEQRA/CEQR FEIS, and FRA’s 2013 and 2014 FONSI for the concrete casing 

project. Based on this consideration, FRA has determined that the Selected Alternative 

is the best option for the Western Rail Yard Infrastructure Project and that its approval of 

the Selected Alternative is in the best interest of the public. FRA has selected this 

alternative because the alternative 1) best satisfies the purpose and need for the 

proposed action; and 2) minimizes impacts to the natural and human environment by 

incorporating mitigation measures. 

FRA has further determined that all practicable measures to minimize environmental 

harm have been adopted as part of the Selected Alternative and that mitigation 

commitments are outlined in the FEIS and ROD to be implemented by the Project 

Sponsor.

Changes to the Project will be evaluated in accordance with 23 CFR Sections 771.129 

and 771.130, and if required therein, they must be approved in writing before the Project 

Sponsor may proceed with the change.